S T A T E O F N E W Y O R K
________________________________________________________________________
810
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to the desig-
nation of coverage for certain employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The workers' compensation law is amended by adding a new
section 138 to read as follows:
§ 138. COVERAGE. EACH EMPLOYER AS DEFINED UNDER SECTION TWO OF THIS
CHAPTER, OR THE BOARD, SHALL DESIGNATE THE EMPLOYEES FOR WHOM COVERAGE
IS TO BE PROVIDED UNDER THIS CHAPTER AND NO INSURANCE CARRIER AS DEFINED
IN SUBDIVISION TWELVE OF SECTION TWO OF THIS CHAPTER SHALL MAKE SUCH A
DETERMINATION, NOR SHALL ANY SUCH INSURANCE CARRIER BASE ITS PREMIUMS,
IN WHOLE OR IN PART, ON THE REMUNERATION PAID TO ANY PERSON WHOM THE
EMPLOYER OR THE BOARD HAS NOT DESIGNATED FOR COVERAGE UNDER AN EMPLOY-
ER'S WORKERS' COMPENSATION INSURANCE POLICY. NOTHING IN THIS SECTION
SHALL ALTER AN EMPLOYER'S OBLIGATION TO PROVIDE WORKERS' COMPENSATION
COVERAGE TO ITS EMPLOYEES AS DETERMINED BY SUCH EMPLOYER OR THE BOARD
PURSUANT TO SECTION TEN OF THIS CHAPTER OR ANY OTHER LAW, NOR SHALL THIS
SECTION RELEASE ANY EMPLOYER FROM THE PENALTIES ESTABLISHED UNDER THIS
CHAPTER OR ANY OTHER CHAPTER FOR NON-COMPLIANCE WITH THE PROVISIONS OF
THIS CHAPTER.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05223-01-7