S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  847--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the workers' compensation law, in relation to providing
   an exemption from coverage for certain members of a  recognized  reli-
   gious sect
 
   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 126 to read as follows:
   §  126.  EXEMPTION  FROM COVERAGE. 1. AN EMPLOYER WHO IS A MEMBER OF A
 RECOGNIZED RELIGIOUS SECT WHICH EMBRACES A LONG-STANDING  COMMITMENT  OF
 NON-INVOLVEMENT IN THE MATTERS OF ESTABLISHED GOVERNMENTAL PRACTICES AND
 IS CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF ANY PUBLIC OR PRIVATE INSUR-
 ANCE  THAT  MAKES PAYMENTS IN THE EVENT OF DEATH, DISABILITY, OLD AGE OR
 RETIREMENT OR MAKES PAYMENTS TOWARD THE COST OF OR PROVIDES SERVICES FOR
 MEDICAL BILLS (INCLUDING THE BENEFITS OF  ANY  INSURANCE  SYSTEM  ESTAB-
 LISHED  BY  THE  FEDERAL SOCIAL SECURITY ACT 42 U.S.C. 301 ET SEQ.)  MAY
 FILE AN  APPLICATION  WITH  THE  DEPARTMENT  TO  BE  EXEMPTED  FROM  THE
 PROVISIONS  OF  THIS CHAPTER TO THE EXTENT HIS OR HER EMPLOYEES ARE FROM
 THE SAME RELIGIOUS SECT.
   2. THE APPLICATION SHALL INCLUDE A WRITTEN WAIVER BY THE EMPLOYEES  OF
 ALL  BENEFITS  UNDER THIS CHAPTER AND AN AFFIDAVIT BY SUCH EMPLOYEE THAT
 HE OR SHE IS A MEMBER OF A RECOGNIZED RELIGIOUS SECT  WHICH  EMBRACES  A
 LONG-STANDING  COMMITMENT  OF  NON-INVOLVEMENT  IN THE MATTERS OF ESTAB-
 LISHED GOVERNMENTAL PRACTICES AND IS CONSCIENTIOUSLY OPPOSED TO  ACCEPT-
 ANCE OF THE BENEFITS OF ANY PUBLIC OR PRIVATE INSURANCE.
   3.  SUCH  APPLICATION  SHALL  BE  GRANTED IF THE DEPARTMENT SHALL FIND
 THAT: (A) SUCH EMPLOYEES ARE MEMBERS OF A SECT OR  DIVISION  HAVING  THE
 ESTABLISHED  TENETS  OR TEACHINGS REFERRED TO IN SUBDIVISION ONE OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05741-03-7

 S. 847--A                           2
 
 SECTION; AND (B) IT IS THE PRACTICE, AND  HAS  BEEN  FOR  A  SUBSTANTIAL
 NUMBER  OF  YEARS,  FOR MEMBERS OF SUCH SECT OR DIVISION THEREOF TO MAKE
 PROVISION FOR THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT  IS  REASON-
 ABLE IN VIEW OF THEIR GENERAL LEVEL OF LIVING.
   4.  WHEN  AN EMPLOYEE IS A MINOR, THE WAIVER AND AFFIDAVIT REQUIRED BY
 SUBDIVISION ONE OF THIS SECTION MAY BE  MADE  BY  THE  GUARDIAN  OF  THE
 MINOR.
   5.  AN  EXCEPTION  GRANTED  IN  REGARD TO A SPECIFIC EMPLOYEE SHALL BE
 VALID FOR ALL FUTURE YEARS UNLESS SUCH EMPLOYEE OR SECT CEASES  TO  MEET
 THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.