Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to labor |
Mar 16, 2009 |
referred to labor |
Senate Bill S3339
2009-2010 Legislative Session
Sponsored By
(D, WF) 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
2009-S3339 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §89, Work Comp L; amd §2304, Ins L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1293
2009-S3339 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3339 TITLE OF BILL : An act to amend the workers' compensation law and the insurance law, in relation to rates for workers' compensation PURPOSE OR GENERAL IDEA OF BILL : To change the way workers' compensation premiums are calculated to be based on the hours employees work instead of their salary. SUMMARY OF SPECIFIC PROVISIONS : Section 1 of the bill amends the workers' compensation law to provide that premiums paid on behalf of employees shall be determined on the basis of the number of hours worked for the employer. Records currently kept as required by Section 195 or Section 220 of the labor law would be utilized in the rate determination process. Any employer who fails to maintain such accurate records would be guilty of a fraudulent practice. Section 2 of the bill amends the insurance law to require that premiums for workers' compensation insurance be calculated using their hours of work instead of their salary. Any employer who fails to
2009-S3339 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3339 2009-2010 Regular Sessions I N S E N A T E March 16, 2009 ___________ Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law and the insurance law, in relation to rates for workers' compensation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 89 of the workers' compensation law is amended by adding two new subdivisions 4 and 5 to read as follows: 4. FOR THE PURPOSE OF EMPLOYMENTS, PREMIUMS IN THE STATE FUND SHALL BE DETERMINED ON THE BASIS OF THE NUMBER OF HOURS WORKED FOR AN EMPLOYER. RECORDS OF HOURS WORKED WHICH ARE MAINTAINED PURSUANT TO SECTION ONE HUNDRED NINETY-FIVE OR TWO HUNDRED TWENTY OF THE LABOR LAW, WHICHEVER IS APPLICABLE, SHALL BE UTILIZED IN SUCH RATE DETERMINATION. 5. ANY EMPLOYER WHO FAILS TO SUBMIT OR MAINTAIN ACCURATE RECORDS REQUIRED PURSUANT TO THIS SECTION SHALL BE GUILTY OF A FRAUDULENT PRAC- TICE PURSUANT TO SECTION NINETY-SIX OF THIS ARTICLE. S 2. Subsection (i) of section 2304 of the insurance law, as relet- tered by chapter 11 of the laws of 2008, is relettered subsection (k) and two new subsections (i) and (j) are added to read as follows: (I) PREMIUM RATES FOR WORKERS' COMPENSATION INSURANCE FOR EMPLOYMENTS SHALL BE BASED ON THE NUMBER OF HOURS WORKED FOR AN EMPLOYER. RECORDS OF HOURS WORKED WHICH ARE MAINTAINED PURSUANT TO SECTION ONE HUNDRED NINE- TY-FIVE OR SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, WHICHEVER IS APPLICABLE, SHALL BE UTILIZED IN SUCH RATE DETERMINATION. (J) ANY EMPLOYER WHO FAILS TO SUBMIT OR MAINTAIN ACCURATE RECORDS REQUIRED IN ACCORDANCE WITH THIS SECTION SHALL BE GUILTY OF A FRAUDULENT PRACTICE PURSUANT TO SECTION ONE HUNDRED FOURTEEN OF THE WORKERS' COMPENSATION LAW, OR OF AGGRAVATED INSURANCE FRAUD AS DEFINED IN SECTION 176.35 OF THE PENAL LAW. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01464-01-9
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