S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8197
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to providing
   an insurance premium reduction for landscape businesses whose  employ-
   ees complete a safety course for the landscape industry

   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 138 to read as follows:
   §  138.  OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION COURSE; PREMIUM
 REDUCTION. 1. FOR PURPOSES OF THIS SECTION, THE  TERM  "LANDSCAPE  BUSI-
 NESS" SHALL MEAN A BUSINESS WHOSE PRIMARY CONCERN INVOLVES THE MODIFICA-
 TION  OF THE VISIBLE FEATURES OF AN AREA OF LAND, AND SHALL INCLUDE, BUT
 NOT BE LIMITED TO, LAWN CARE, GARDENING AND THE REMOVAL  OR  PRUNING  OF
 TREES.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 INSURER DOING BUSINESS WITHIN THIS STATE  WHO  OFFERS  WORKERS'  COMPEN-
 SATION  INSURANCE  TO  LANDSCAPE  BUSINESSES  DOING BUSINESS WITHIN THIS
 STATE SHALL PROVIDE A TEN PERCENT REDUCTION IN  ITS  PREMIUMS  FOR  SUCH
 INSURANCE  TO  ANY  LANDSCAPE  BUSINESS  THAT MEETS THE REQUIREMENTS SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION.
   3. ANY PERSON, FIRM, PARTNERSHIP, LIMITED  LIABILITY  COMPANY,  CORPO-
 RATION  OR  ANY  OTHER  BUSINESS  ENTITY  SHALL  RECEIVE  A  TEN PERCENT
 REDUCTION IN ITS WORKERS' COMPENSATION PREMIUM FOR  ANY  YEAR  IN  WHICH
 FIFTY  PERCENT  OR  MORE  OF THE EMPLOYEES OF SUCH BUSINESS SUCCESSFULLY
 COMPLETE THE TEN HOUR CONSTRUCTION SAFETY  COURSE  FOR  THE  LANDSCAPING
 INDUSTRY  APPROVED BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION.
 SUCH PREMIUM REDUCTION SHALL BE AVAILABLE ON AN ANNUAL  BASIS.  APPLICA-
 TION  FOR  SUCH  PREMIUM  REDUCTION SHALL BE MADE IN A MANNER AND WITH A
 STANDARDIZED FORM TO BE DEVELOPED COOPERATIVELY BETWEEN THE  COMMISSION-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11346-01-9
              

 A. 8197                             2
 
 ERS  OF  THE  STATE  INSURANCE  FUND,  THE COMMISSIONER OF LABOR AND THE
 SUPERINTENDENT OF FINANCIAL SERVICES.
   4.  THE COMMISSIONERS OF THE STATE INSURANCE FUND, IN COOPERATION WITH
 THE COMMISSIONER OF LABOR AND THE SUPERINTENDENT OF FINANCIAL  SERVICES,
 ARE  AUTHORIZED  TO PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.