Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
May 31, 2018 |
advanced to third reading |
May 30, 2018 |
2nd report cal. |
May 22, 2018 |
1st report cal.1314 |
Jan 25, 2018 |
print number 3964a |
Jan 25, 2018 |
amend and recommit to labor |
Jan 03, 2018 |
referred to labor returned to senate died in assembly |
Jun 21, 2017 |
referred to labor delivered to assembly passed senate |
Jun 05, 2017 |
ordered to third reading cal.1457 committee discharged and committed to rules |
Jan 31, 2017 |
referred to labor |
Senate Bill S3964
2017-2018 Legislative Session
Sponsored By
(R, C, IP, RFM) Senate District
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
Actions
Votes
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 - Sponsor Memo
BILL NUMBER: S3964 TITLE OF BILL : An act to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits PURPOSE : To prevent workers' compensation insurance fraud by ensuring that all employers in the State are appropriately classified. SUMMARY OF PROVISIONS : Section 1 of the bill would add a new Section 112-A to the Workers' Compensation Law. Paragraph (a) of subdivision one of such Section would require periodic audits, including but not limited to, payroll records verifications and onsite physical inspections, in order to determine each employer's unique experience-rated operations for premium calculations. Construction class employers shall be audited annually and all other employers not less than biennially. Paragraph (b) of subdivision one such Section would make a knowing misrepresentation or concealment of material information in order to avoid proper classification for purposes of premium calculations, a
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) - Sponsor Memo
BILL NUMBER: S3964A SPONSOR: SEWARD TITLE OF BILL: An act to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits PURPOSE: To prevent workers' compensation insurance fraud by ensuring that all employers in the State are appropriately classified. SUMMARY OF PROVISIONS: Section 1 of the bill would add a new Section 112-A to the Workers' Compensation Law. Paragraph (a) of subdivision one of such Section would require periodic audits, including but not limited to, payroll records verifications and onsite physical inspections, in order to determine each employer's unique experience-rated operations for premium calculations.
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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