Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to labor |
May 13, 2015 |
referred to labor |
Senate Bill S5329
2015-2016 Legislative Session
Sponsored By
(R, C, IP) 62nd 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
2015-S5329 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3476
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd ยง54, Work Comp L
- Versions Introduced in 2017-2018 Legislative Session:
-
A3384
2015-S5329 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5329 TITLE OF BILL: An act to amend the workers' compensation law, in relation to coverage for members of the worker cooperative PURPOSE: This bill would remove a financial barrier for individuals who wish to organize a business venture as a cooperative. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Members, directors, and executive officers of a Worker Coop- erative are excluded from the provisions of Section 54 of the workers compensation law unless they elect to be covered. In the case where a member elects to be covered, any premium shall be based on actual wages. JUSTIFICATION: The purpose of this amendment is to address the specific circumstances of a Worker Cooperative Corporation where each member-owner of the Coop- erative is also an employee. Small business owners are allowed to exclude themselves from the provisions of Section 54 of the workers compensation law. Currently, cooperatives are "capped" at the number of workers who can be excluded from these
2015-S5329 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5329 2015-2016 Regular Sessions I N S E N A T E May 13, 2015 ___________ Introduced by Sen. ORTT -- 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 coverage for members of the worker cooperative THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 54 of the workers' compensation law is amended by adding a new subdivision 9 to read as follows: 9. A. ALL MEMBERS, DIRECTORS AND EXECUTIVE OFFICERS OF A WORKER COOP- ERATIVE AS DEFINED IN ARTICLE FIVE-A OF THE COOPERATIVE CORPORATION LAW SHALL BE EXCLUDED FROM THE COVERAGE OF THIS CHAPTER UNLESS ANY ONE OR MORE OF THE MEMBERS, DIRECTORS OR EXECUTIVE OFFICERS ELECT OR ELECTS TO BE COVERED. SUCH COVERAGE MAY BE EFFECTED BY OBTAINING AN INSURANCE POLICY OR, IN THE CASE OF SELF-INSURANCE, BY THE COOPERATIVE SUBMITTING A FORM PRESCRIBED BY THE CHAIR OF THE WORKERS' COMPENSATION BOARD, GIVING NOTICE THAT THE COOPERATIVE ELECTS TO BRING ONE OR MORE OF THE MEMBERS, DIRECTORS OR EXECUTIVE OFFICERS OF SUCH COOPERATIVE NAMED IN THE NOTICE WITHIN THE COVERAGE OF THIS CHAPTER. IF ANY MEMBER, DIRECTOR OR EXECUTIVE OFFICER DOES ELECT TO BE COVERED BY THE PROVISIONS OF THIS CHAPTER, ANY PREMIUM FOR SUCH MEMBER, DIRECTOR OR EXECUTIVE OFFICER SHALL BE CALCULATED BASED UPON ACTUAL WEEKLY WAGES EARNED BY THE MEMBER, DIRECTOR OR EXECUTIVE OFFICER AND ANY MINIMUM WEEKLY REMUNERATION FOR EXECUTIVE OFFICERS OR OTHER MINIMUM AMOUNTS SHALL NOT APPLY. B. THE MEMBERS, DIRECTORS AND EXECUTIVE OFFICERS OF A WORKER COOPER- ATIVE BROUGHT WITHIN THE COVERAGE OF THE INSURANCE CONTRACT, AND THE DEPENDENTS OF ANY SUCH MEMBER, DIRECTOR OR EXECUTIVE OFFICER SHALL HAVE THE SAME RIGHTS AND REMEDIES AS AN EMPLOYEE OR HIS DEPENDENTS AND SHALL BE ENTITLED TO COMPENSATION AND MEDICAL CARE AS PROVIDED BY THIS CHAPTER AND THE INSURANCE CARRIER SHALL BE LIABLE THEREFOR AND FOR PAYMENTS INTO SPECIAL FUNDS PROVIDED IN THIS CHAPTER AS IN THE CASE OF AN EMPLOYEE. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07756-01-5
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.