assembly Bill A10078

Signed By Governor
2021-2022 Legislative Session

Provides for the issuance of policies by the state insurance fund where a balance is due on a prior policy issued by such fund

download bill text pdf

Sponsored By

Current Bill Status Via S9096 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2022 signed chap.349
Jun 23, 2022 delivered to governor
May 25, 2022 returned to senate
passed assembly
ordered to third reading rules cal.256
substituted for a10078
May 25, 2022 substituted by s9096
May 17, 2022 ordered to third reading rules cal.256
rules report cal.256
reported
May 11, 2022 reported referred to rules
Apr 29, 2022 referred to labor

Co-Sponsors

A10078 (ACTIVE) - Details

See Senate Version of this Bill:
S9096
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §93, Work Comp L

A10078 (ACTIVE) - Summary

Provides for the issuance of policies by the state insurance fund to an employer under certain conditions where a balance is due on a prior policy issued by such fund to such employer.

A10078 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10078
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M. of A. FERNANDEZ -- (at request of the State Insurance
   Fund) -- read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the  issu-
   ance of policies by the state insurance fund where a balance is due on
   a prior policy issued by such fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions b and c of section 93 of the workers'  compen-
 sation  law,  as  amended  by section 24 of part GG of chapter 57 of the
 laws of 2013, are amended to read as follows:
   b. An employer, whose policy of insurance has been  cancelled  by  the
 state insurance fund for non-payment of premium and assessments or with-
 draws  pursuant to section ninety-four of this article, is ineligible to
 contract for a subsequent policy of insurance with the  state  insurance
 fund  while  the  billed  premium on the cancelled policy remains uncol-
 lected. HOWEVER, THE STATE INSURANCE FUND SHALL HAVE DISCRETION TO ISSUE
 A NEW POLICY TO SUCH EMPLOYER BY CONSENTING TO A PAYMENT  PLAN  FOR  THE
 EMPLOYER  TO  PAY  OFF THE BALANCE ON THE PRIOR POLICY PROVIDED THAT (1)
 ANY REQUIRED PAYROLL AUDIT OR SELF-AUDIT HAS BEEN COMPLETED AT THE  TIME
 THE  NEW  POLICY  IS ISSUED, (2) THE EMPLOYER'S PRIOR PAYMENT AND POLICY
 HISTORY MEET THE STATE INSURANCE FUND'S UNDERWRITING STANDARDS,  (3) THE
 EMPLOYER HAS DEMONSTRATED THE ABILITY TO PAY THE DEPOSIT PREMIUM ON  THE
 NEW  POLICY  AND  THE  FIRST INSTALLMENT OF THE BALANCE DUE ON THE PRIOR
 CANCELLED POLICY PRIOR TO ISSUANCE OF THE  NEW  POLICY,  AND  (4)    THE
 EMPLOYER  HAS  DEMONSTRATED  THE ABILITY TO PAY THE OVERDUE BALANCE FROM
 THE PRIOR CANCELLED POLICY BY INSTALLMENTS AS DETERMINED  BY  THE  STATE
 INSURANCE  FUND  TOGETHER  WITH PAYMENTS ON THE NEW POLICY WITHIN TWELVE
 MONTHS FROM THE DATE THE NEW POLICY IS ISSUED. IF AN EMPLOYER IS  ISSUED
 A  NEW  POLICY  PURSUANT  TO  THIS  SUBDIVISION,  SUCH EMPLOYER SHALL BE
 REQUIRED TO MAKE THE FINAL PAYMENT ON SUCH OVERDUE BALANCE WITHIN TWELVE
 MONTHS FROM THE DATE THE NEW POLICY IS ISSUED.  IF THE EMPLOYER DEFAULTS
 ON PAYMENT FOR EITHER THE NEW POLICY OR THE BALANCE DUE FROM  THE  PRIOR
 CANCELLED  POLICY,  THE EMPLOYER'S NEW POLICY IS SUBJECT TO CANCELLATION
 FOR NON-PAYMENT OF PREMIUM AS PROVIDED UNDER THIS CHAPTER.  IF  THE  NEW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.