NY State Senate Bill S847A

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor returned to senate died in assembly
Jun 15, 2017	referred to labor delivered to assembly passed senate
Jun 14, 2017	ordered to third reading cal.1592 committee discharged and committed to rules
May 11, 2017	print number 847a
May 11, 2017	amend (t) and recommit to labor
Jan 05, 2017	referred to labor

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S847 - Details

See Assembly Version of this Bill:: A6624
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §126, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2267, A2057
2011-2012: S852, A6081
2013-2014: S2693, A5657
2015-2016: S1989, A5103
2019-2020: S1002, A5428
2021-2022: A4899
2023-2024: A1815

S847 - Summary

Permits an employer who is a member of a recognized religious sect to file an application with the department of labor to be exempted from the provisions of the workers' compensation law with respect to employees who are members of the same recognized religious sect whose religious tenets or teachings oppose acceptance of any insurance benefits.

S847 - Sponsor Memo

 BILL NUMBER:  S847

 TITLE OF BILL :

An act to amend the workers' compensation law, in relation to
providing an exemption from coverage under certain circumstances

 PURPOSE :

To provide an exemption from workers' compensation coverage, for those
persons conscientiously opposed to acceptance of benefits of any
public or private insurance which makes payments on death, disability,
old age, retirement, or cost of services for medical benefits.

 SUMMARY OF PROVISIONS :

The Workers' Compensation Law is amended by adding a new section 126.

 JUSTIFICATION :

Some religious groups, such as Old Order Amish, do not take advantage
of the program benefits offered under current workers' compensation
laws. Programs such as death survivor benefits, disability,
retirement, including the cost of medical bills and health care, are
not utilized because the tenets or teachings of their sect or religion
do not allow for participation in such programs. This legislation

would allow for the creation of a waiver form. Once signed by the
employee, this waiver would allow for the employer to forgo payments
on behalf of this employee into the workers' compensation benefit
system.

The Federal government recognizes the religious beliefs and practices
of the Amish and exempts them from having to contribute to the Social
Security Fund. The State of Pennsylvania also recognizes the freedom
of religious practice of the Amish and enacted legislation in 1978 to
allow them to be exempt from workers' compensation payments.

By their beliefs and practice, Old Order Amish do not participate in
government programs, but rather take care of their own. This
legislation would recognize and respect the beliefs of the Amish
community by allowing them to be exempt from a program in which they
would never participate.

 LEGISLATIVE HISTORY :

2015,2016: S.1989/A.2693 Passed Senate
2013,2014: S.2693/A.5657 Referred to Labor
2011,2012: S.852/A.6081 Referred to Labor
2009,2010: S.2267/A.2057 Referred to Labor
2007,2008: S.413/A.2585 Referred to Labor
2006: S.7780/A.688 Referred to Labor

 FISCAL IMPLICATIONS :

This legislation would be revenue neutral. Persons applying for this
exemption would not collect benefits and therefore would not pay into
the fund.

 EFFECTIVE DATE :
Immediately.

S847 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   847

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to  providing
  an exemption from coverage under certain circumstances

  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 126 to read as follows:
  § 126. EXEMPTION FROM COVERAGE. 1. AN EMPLOYER MAY FILE AN APPLICATION
WITH  THE  DEPARTMENT TO BE EXEMPTED FROM THE PROVISIONS OF THIS CHAPTER
WITH RESPECT TO CERTAIN EMPLOYEES. THE APPLICATION SHALL INCLUDE A WRIT-
TEN WAIVER BY THE EMPLOYEE OF ALL BENEFITS UNDER  THIS  CHAPTER  AND  AN
AFFIDAVIT  BY  THE  EMPLOYEE  THAT HE OR SHE IS A MEMBER OF A RECOGNIZED
RELIGIOUS SECT WHICH EMBRACES A LONG-STANDING COMMITMENT OF NON-INVOLVE-
MENT IN THE MATTERS OF ESTABLISHED GOVERNMENTAL PRACTICES. THEREFORE, HE
OR SHE IS CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF THE BENEFITS  OF  ANY
PUBLIC  OR PRIVATE INSURANCE WHICH MAKES PAYMENTS IN THE EVENT OF DEATH,
DISABILITY, OLD AGE OR RETIREMENT OR MAKES PAYMENTS TOWARD THE COST  OF,
OR  PROVIDES  SERVICES  FOR MEDICAL BILLS (INCLUDING THE BENEFITS OF ANY
INSURANCE SYSTEM ESTABLISHED BY  THE  FEDERAL  SOCIAL  SECURITY  ACT  42
U.S.C. 301 ET SEQ.).
  2.  THE  WAIVER  AND  AFFIDAVIT  REQUIRED  BY  SUBDIVISION ONE OF THIS
SECTION SHALL BE MADE UPON A FORM TO BE PROVIDED BY THE DEPARTMENT.
  3. SUCH APPLICATION SHALL BE GRANTED  IF  THE  DEPARTMENT  SHALL  FIND
THAT:  (A)  THE  EMPLOYEE  IS  A MEMBER OF A SECT OR DIVISION HAVING THE
ESTABLISHED TENETS OR TEACHINGS REFERRED TO IN SUBDIVISION ONE  OF  THIS
SECTION;  AND  (B)  IT  IS  THE PRACTICE, AND HAS BEEN FOR A SUBSTANTIAL
NUMBER OF YEARS, FOR MEMBERS OF SUCH SECT OR DIVISION  THEREOF  TO  MAKE
PROVISION  FOR  THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT IS REASON-
ABLE IN VIEW OF THEIR GENERAL LEVEL  OF  LIVING.    RECEIPT  OF  A  FORM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05741-01-7

S. 847                              2

REQUIRED  BY  SUBDIVISION  TWO OF THIS SECTION SHALL BE CONSIDERED PRIMA
FACIE PROOF THAT THIS SUBDIVISION HAS BEEN COMPLIED WITH.
  4.  WHEN  AN EMPLOYEE IS A MINOR, THE WAIVER AND AFFIDAVIT REQUIRED BY
SUBDIVISION ONE OF THIS SECTION MAY BE  MADE  BY  THE  GUARDIAN  OF  THE
MINOR.
  5.  AN  EXCEPTION  GRANTED  IN  REGARD TO A SPECIFIC EMPLOYEE SHALL BE
VALID FOR ALL FUTURE YEARS UNLESS SUCH EMPLOYEE OR SECT CEASES  TO  MEET
THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
  § 2. This act shall take effect immediately.

Co-Sponsors

S847A (ACTIVE) - Details

See Assembly Version of this Bill:: A6624
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §126, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2267, A2057
2011-2012: S852, A6081
2013-2014: S2693, A5657
2015-2016: S1989, A5103
2019-2020: S1002, A5428
2021-2022: A4899
2023-2024: A1815

S847A (ACTIVE) - Summary

S847A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S847A

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to providing an exemption from coverage for certain members
of a recognized religious sect

 PURPOSE :

Provides an exemption from workers' compensation coverage for certain
members of a recognized religious sect.

 SUMMARY OF PROVISIONS :

The Workers' Compensation Law is amended by adding a new section 126.

 JUSTIFICATION :

Some religious groups, such as Old Order Amish, do not take advantage
of the program benefits offered under current workers' compensation
laws. Programs such as death survivor benefits, disability,
retirement, including the cost of medical bills and health care, are
not utilized because the tenets or teachings of their sect or religion
do not allow for participation in such programs. This legislation
would allow for the creation of a waiver form. Once signed by the
employee, this waiver would allow for the employer to forgo payments
on behalf of this employee into the workers' compensation benefit

system.

The Federal government recognizes the religious beliefs and practices
of the Amish and exempts them from having to contribute to the Social
Security Fund. The State of Pennsylvania also recognizes the freedom
of religious practice of the Amish and enacted legislation in 1978 to
allow them to be exempt from workers' compensation payments.

By their beliefs and practice, Old Order Amish do not participate in
government programs, but rather take care of their own. This
legislation would recognize and respect the beliefs of the Amish
community by allowing them to be exempt from a program in which they
would never participate.

 LEGISLATIVE HISTORY :

2015,2016: S.1989/A.2693 Passed Senate
2013,2014: S.2693/A.5657 Referred to Labor
2011,2012: S.852/A.6081 Referred to Labor
2009,2010: S.2267/A.2057 Referred to Labor
2007,2008: S.413/A.2585 Referred to Labor
2006: S.7780/A.688 Referred to Labor

 FISCAL IMPLICATIONS :

This legislation would be revenue neutral. Persons applying for this
exemption would not collect benefits and therefore would not pay into
the fund.

 EFFECTIVE DATE :
Immediately.

S847A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 847--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the workers' compensation law, in relation to providing
  an exemption from coverage for certain members of a  recognized  reli-
  gious sect

  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 126 to read as follows:
  §  126.  EXEMPTION  FROM COVERAGE. 1. AN EMPLOYER WHO IS A MEMBER OF A
RECOGNIZED RELIGIOUS SECT WHICH EMBRACES A LONG-STANDING  COMMITMENT  OF
NON-INVOLVEMENT IN THE MATTERS OF ESTABLISHED GOVERNMENTAL PRACTICES AND
IS CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF ANY PUBLIC OR PRIVATE INSUR-
ANCE  THAT  MAKES PAYMENTS IN THE EVENT OF DEATH, DISABILITY, OLD AGE OR
RETIREMENT OR MAKES PAYMENTS TOWARD THE COST OF OR PROVIDES SERVICES FOR
MEDICAL BILLS (INCLUDING THE BENEFITS OF  ANY  INSURANCE  SYSTEM  ESTAB-
LISHED  BY  THE  FEDERAL SOCIAL SECURITY ACT 42 U.S.C. 301 ET SEQ.)  MAY
FILE AN  APPLICATION  WITH  THE  DEPARTMENT  TO  BE  EXEMPTED  FROM  THE
PROVISIONS  OF  THIS CHAPTER TO THE EXTENT HIS OR HER EMPLOYEES ARE FROM
THE SAME RELIGIOUS SECT.
  2. THE APPLICATION SHALL INCLUDE A WRITTEN WAIVER BY THE EMPLOYEES  OF
ALL  BENEFITS  UNDER THIS CHAPTER AND AN AFFIDAVIT BY SUCH EMPLOYEE THAT
HE OR SHE IS A MEMBER OF A RECOGNIZED RELIGIOUS SECT  WHICH  EMBRACES  A
LONG-STANDING  COMMITMENT  OF  NON-INVOLVEMENT  IN THE MATTERS OF ESTAB-
LISHED GOVERNMENTAL PRACTICES AND IS CONSCIENTIOUSLY OPPOSED TO  ACCEPT-
ANCE OF THE BENEFITS OF ANY PUBLIC OR PRIVATE INSURANCE.
  3.  SUCH  APPLICATION  SHALL  BE  GRANTED IF THE DEPARTMENT SHALL FIND
THAT: (A) SUCH EMPLOYEES ARE MEMBERS OF A SECT OR  DIVISION  HAVING  THE
ESTABLISHED  TENETS  OR TEACHINGS REFERRED TO IN SUBDIVISION ONE OF THIS

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

                                                           LBD05741-03-7

S. 847--A                           2

SECTION; AND (B) IT IS THE PRACTICE, AND  HAS  BEEN  FOR  A  SUBSTANTIAL
NUMBER  OF  YEARS,  FOR MEMBERS OF SUCH SECT OR DIVISION THEREOF TO MAKE
PROVISION FOR THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT  IS  REASON-
ABLE IN VIEW OF THEIR GENERAL LEVEL OF LIVING.
  4.  WHEN  AN EMPLOYEE IS A MINOR, THE WAIVER AND AFFIDAVIT REQUIRED BY
SUBDIVISION ONE OF THIS SECTION MAY BE  MADE  BY  THE  GUARDIAN  OF  THE
MINOR.
  5.  AN  EXCEPTION  GRANTED  IN  REGARD TO A SPECIFIC EMPLOYEE SHALL BE
VALID FOR ALL FUTURE YEARS UNLESS SUCH EMPLOYEE OR SECT CEASES  TO  MEET
THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S847A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Your Voice

Actions

Votes

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Bill Amendments

S847 - Details

S847 - Summary

S847 - Sponsor Memo

S847 - Bill Text download pdf

Co-Sponsors

S847A (ACTIVE) - Details

S847A (ACTIVE) - Summary

S847A (ACTIVE) - Sponsor Memo

S847A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S847A

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Labor Committee

Your Voice

Actions

Votes

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Bill Amendments

S847 - Details

S847 - Summary

S847 - Sponsor Memo

S847 - Bill Text download pdf

Co-Sponsors

Pamela Helming

S847A (ACTIVE) - Details

S847A (ACTIVE) - Summary

S847A (ACTIVE) - Sponsor Memo

S847A (ACTIVE) - Bill Text download pdf

Comments