Senate Bill S847A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor 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-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

2017-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.

2017-S847 - Sponsor Memo

2017-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
              

co-Sponsors

2017-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

2017-S847A (ACTIVE) - 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.

2017-S847A (ACTIVE) - Sponsor Memo

2017-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.
              

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