Senate Bill S3964A

2017-2018 Legislative Session

Provides incentives for productive workers' compensation audits

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S3964 - Details

Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Add §112-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5376
2015-2016: S3512

2017-S3964 - Summary

Provides incentives for productive workers' compensation audits.

2017-S3964 - Sponsor Memo

2017-S3964 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3964
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- 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
   incentives for productive workers' compensation audits
 
   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 112-a to read as follows:
   §  112-A.  AUDITS  OF EMPLOYERS. 1. (A) EMPLOYERS IN ALL CLASSES OTHER
 THAN THE CONSTRUCTION CLASS SHALL BE AUDITED NOT  LESS  FREQUENTLY  THAN
 BIENNIALLY  AND  THE CHAIR OR BOARD MAY PROVIDE FOR MORE FREQUENT AUDITS
 OF EMPLOYERS IN SPECIFIED  CLASSIFICATIONS  BASED  ON  FACTORS  SUCH  AS
 AMOUNT  OF  PREMIUM,  TYPE  OF  BUSINESS, LOSS RATIOS, OR OTHER RELEVANT
 FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT-
 ING MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED,  BE
 AUDITED  LESS  FREQUENTLY  THAN ANNUALLY. THE ANNUAL AUDITS REQUIRED FOR
 CONSTRUCTION CLASSES MAY  BE  A  PHYSICAL,  ONSITE  REVIEW  OF  ORIGINAL
 PAYROLL  RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK (DISBURSEMENTS
 AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER-
 LY PAYROLL FILINGS, AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT OF
 ALL EMPLOYERS SHALL BE CONDUCTED NO MORE THAN ONE  HUNDRED  TWENTY  DAYS
 AFTER THE EXPIRATION OF A POLICY PERIOD.  AT THE COMPLETION OF AN AUDIT,
 IF  REQUESTED BY THE AUDITOR, THE EMPLOYER OR OFFICER OF THE CORPORATION
 MUST PRINT AND SIGN THEIR NAMES ON  THE  AUDIT  DOCUMENT  AFFIRMING  THE
 ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE
 HUNDRED TWELVE OF THIS ARTICLE, EMPLOYERS SHALL MAKE AVAILABLE ALL BOOKS
 AND  RECORDS NECESSARY FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT THE
 AUDITOR TO MAKE A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION.    IF
 AN  EMPLOYER  FAILS  TO  PROVIDE REASONABLE ACCESS TO ALL SUCH BOOKS AND
 RECORDS NECESSARY FOR A PAYROLL VERIFICATION AUDIT, INCLUDING A PHYSICAL
 INSPECTION OF  THE  EMPLOYER'S  OPERATION,  THE  EMPLOYER  SHALL  PAY  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2017-S3964A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Add §112-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5376
2015-2016: S3512

2017-S3964A (ACTIVE) - Summary

Provides incentives for productive workers' compensation audits.

2017-S3964A (ACTIVE) - Sponsor Memo

2017-S3964A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3964--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   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
   incentives for productive workers' compensation audits
 
   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 112-a to read as follows:
   § 112-A. AUDITS OF EMPLOYERS. 1. (A) EMPLOYERS IN  ALL  CLASSES  OTHER
 THAN  THE  CONSTRUCTION  CLASS SHALL BE AUDITED NOT LESS FREQUENTLY THAN
 BIENNIALLY AND THE CHAIR OR BOARD MAY PROVIDE FOR MORE  FREQUENT  AUDITS
 OF  EMPLOYERS  IN  SPECIFIED  CLASSIFICATIONS  BASED  ON FACTORS SUCH AS
 AMOUNT OF PREMIUM, TYPE OF BUSINESS,  LOSS  RATIOS,  OR  OTHER  RELEVANT
 FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT-
 ING  MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED, BE
 AUDITED LESS FREQUENTLY THAN ANNUALLY. THE ANNUAL  AUDITS  REQUIRED  FOR
 CONSTRUCTION  CLASSES  MAY  BE  A  PHYSICAL,  ONSITE  REVIEW OF ORIGINAL
 PAYROLL RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK  (DISBURSEMENTS
 AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER-
 LY PAYROLL FILINGS, AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT OF
 ALL  EMPLOYERS  SHALL  BE CONDUCTED NO MORE THAN ONE HUNDRED TWENTY DAYS
 AFTER THE EXPIRATION OF A POLICY PERIOD.  AT THE COMPLETION OF AN AUDIT,
 IF REQUESTED BY THE AUDITOR, THE EMPLOYER OR OFFICER OF THE  CORPORATION
 MUST  PRINT  AND  SIGN  THEIR  NAMES ON THE AUDIT DOCUMENT AFFIRMING THE
 ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE
 HUNDRED TWELVE OF THIS ARTICLE, EMPLOYERS SHALL MAKE AVAILABLE ALL BOOKS
 AND RECORDS NECESSARY FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT  THE
 AUDITOR  TO  MAKE A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION.  IF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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