Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 |
referred to labor |
May 15, 2019 |
referred to labor |
Senate Bill S5789
2019-2020 Legislative Session
Sponsored By
(D, WF) 13th Senate District
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
Actions
2019-S5789 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8086
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §88, Work Comp L
2019-S5789 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5789 SPONSOR: RAMOS TITLE OF BILL: An act to amend the workers' compensation law, in relation to eliminating unconstitutional language relating to the pre- audit of expenditures from the state insurance fund by the state comp- troller PURPOSE: This bill eliminates unconstitutional language relating to the pre-audit of expenditures from the state insurance fund by the State Comptroller. SUMMARY OF PROVISIONS: There are two sections numbered 88 in the Workers' Compensation Law. Section 1 of this proposal amends the Section 88 of the Workers' Compen- sation Law that was amended by Chapter 635 of the Laws of 1996. The amendment eliminates unconstitutional language relating to the pre-audit of expenditures from the State Insurance Fund ("Fund") by the State Comptroller and makes it clear that there can be no exemption from the
2019-S5789 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5789 2019-2020 Regular Sessions I N S E N A T E May 15, 2019 ___________ Introduced by Sen. RAMOS -- (at request of the State Comptroller) -- 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 eliminat- ing unconstitutional language relating to the pre-audit of expendi- tures from the state insurance fund by the state comptroller THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 88 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, is amended to read as follows: § 88. Administration expenses. The entire expense of administering the state insurance fund shall be paid out of such fund which shall not be considered an agency or a fund of the state for the purposes of section four of the state finance law. The portion of such expenses applicable and chargeable to the disability benefits fund shall be determined on an equitable basis with due allowance for the division of overhead expenses. There shall be submitted to the director of the budget quar- terly financial statements on a calendar year basis. In no case shall the amount of administrative expenditures so authorized for an entire year from the workers' compensation fund exceed twenty-five per centum of the earned premiums for such insurance for that year. In no case shall the amount of administrative expenditures authorized for the disa- bility benefits fund for an entire year exceed twenty-five per centum of the premiums earned by that fund for such insurance for that year. [No payment, expenditure or refund out of the state insurance fund shall be subject to pre-audit by the department of audit and control as provided by section one hundred eleven of the state finance law.] All appoint- ments to positions in the state insurance fund shall be made subject to civil service requirements. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08971-01-9
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