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Senate Bill S3529

2017-2018 Legislative Session

Relates to the collection of premium in case of default

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2017-S3529 (ACTIVE) - Details

See Assembly Version of this Bill:
A3032
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §93, Work Comp L

2017-S3529 (ACTIVE) - Summary

Relates to the collection of premium in case of default where an employer, whose policy of insurance has been cancelled by the state insurance fund for non-payment of premium and assessments evidenced by a judgment holding the employer liable for such payments.

2017-S3529 (ACTIVE) - Sponsor Memo

2017-S3529 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3529                                                  A. 3032
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Labor
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Labor
 
 AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
   collection of premium in case of default
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 93 of the workers' compensation law, as amended  by
 section  24  of part GG of chapter 57 of the laws of 2013, is amended to
 read as follows:
   § 93. Collection of premium in case of default. a. If  a  policyholder
 shall  default  in  any payment required to be made by him OR HER to the
 state insurance fund after due notice, his OR HER insurance in the state
 fund may be cancelled and the amount  due  from  him  OR  HER  shall  be
 collected by civil action brought against him OR HER in any county wher-
 ein  the  state  insurance  fund  maintains an office in the name of the
 commissioners of the state insurance fund and the same  when  collected,
 shall  be  paid  into  the state insurance fund, and such policyholder's
 compliance with the provisions of this chapter requiring payments to  be
 made to the state insurance fund shall date from the time of the payment
 of said money to the state insurance fund.
   b.  An  employer,  whose policy of insurance has been cancelled by the
 state  insurance  fund  for  non-payment  of  premium  and   assessments
 EVIDENCED  BY  A  JUDGMENT HOLDING THE EMPLOYER LIABLE FOR SUCH PAYMENTS
 PURSUANT TO THE CIVIL ACTION DEFINED IN SUBDIVISION A OF THIS SECTION or
 withdraws pursuant to section ninety-four of this article, is ineligible
 to contract for a subsequent policy of insurance with the  state  insur-
 ance  fund  while  the  billed  premium  on the cancelled policy remains
 uncollected.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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