NY State Senate Bill 2021-S3291A

Senate Bill S3291A

Signed By Governor

2021-2022 Legislative Session

Relates to covered employment as a domestic worker for temporary disability benefits

download bill text pdf

Archive: Last Bill Status Via A6077 - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	signed chap.740
Dec 10, 2021	delivered to governor
May 12, 2021	returned to assembly passed senate 3rd reading cal.363 substituted for s3291a
May 12, 2021	substituted by a6077a
Mar 25, 2021	amended on third reading 3291a
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.363
Jan 28, 2021	referred to labor

Votes

- May 12, 2021 - Floor Vote
  A6077
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 12, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Feb 9, 2021 - Labor Committee Vote
  S3291A
  
  9
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Feb 9, 2021
      
      aye (9)
      
      Gounardes
      
      Jackson
      
      Mayer
      
      Persaud
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Savino
      
      Skoufis
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      Mattera
      
      Rath III

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S3291 - Details

See Assembly Version of this Bill:: A6077
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §202, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6358
2015-2016: A3504
2017-2018: A5758
2019-2020: S3961, A1326

2021-S3291 - Summary

Relates to covered employment as a domestic worker for temporary disability benefits.

2021-S3291 - Sponsor Memo

                                
 
BILL NUMBER: S3291

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to covered
employment as a domestic worker for temporary disability benefits

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would make a technical amendment to Chapter 481 of 2010, the
Domestic Workers Bill of Rights. It would amend section 202(2) of the
Workers Compensation Law to clarify that domestic workers who work at
least twenty hours per week and meet the duration of employment standard
of four weeks are covered under the temporary disability benefits law.

Section 2 is the effective date of the bill.

 
JUSTIFICATION:

This bill would implement the original intent in the Domestic Workers

Bill of Rights (Chapter 481 of 2010) in amending section 201 (5) of the
Workers Compensation Law, which deleted the clause that had excluded
domestic workers who work less than 40 hours per week. The intent was to
ensure that domestic workers who work at least 20 hours per week (and
meet other requirements) are eligible for disability insurance. The
Sponsor's Memorandum on the Domestic Workers Bill of Rights stated, "In
addition, the bill grants disability insurance to part time domestic
workers...". Unfortunately, the Domestic Workers Bill of Rights failed
make the necessary corresponding amendment to Workers Compensation Law
section 202 (2). In an August 31, 2010 letter to Governor Paterson, the
Workers Compensation Board stated its support of this proposal and urged
that this technical correction be made. This bill does so.

 
PRIOR LEGISLATIVE HISTORY:

2019: A.1326/S.3961 - Passed Assembly 2/25/20

2018: A.5758/ No Same as - Ordered to Third Reading

2017: A.5758/ No Same as - Advanced to Third Reading

2016: A.3504/S.2837 - Ordered to Third Reading in Assembly

2014: A.6358/S.4234 - Passed Assembly, Advanced to Third Reading in
Senate

 
FISCAL IMPLICATIONS:

None to New York State and its subdivisions.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3291 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3291
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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  covered
   employment as a domestic worker for temporary disability benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 202 of the  workers'  compensation
 law, as amended by chapter 65 of the laws of 1983, is amended to read as
 follows:
   2.  The  provisions of subdivision one of this section shall not apply
 to an employer of personal or domestic  employees  in  a  private  home,
 except  an  employer  shall become a covered employer from and after the
 expiration of four  weeks  following  the  employment  of  one  or  more
 personal  or domestic employees who work for a minimum of [forty] TWENTY
 hours per week for such employer and are employed on each  of  at  least
 thirty days in any calendar year.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09171-01-1

co-Sponsors

2021-S3291A (ACTIVE) - Details

See Assembly Version of this Bill:: A6077
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §202, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6358
2015-2016: A3504
2017-2018: A5758
2019-2020: S3961, A1326

2021-S3291A (ACTIVE) - Summary

Relates to covered employment as a domestic worker for temporary disability benefits.

2021-S3291A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3291A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to covered
employment as a domestic worker for temporary disability benefits

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would make a technical amendment to Chapter 481 of 2010, the
Domestic Workers Bill of Rights. It would amend section 202(2) of the
Workers Compensation Law to clarify that domestic workers who work at
least twenty hours per week and meet the duration of employment standard
of four weeks are covered under the temporary disability benefits law.

Section 2 is the effective date of the bill.

 
AMENDED BILL:

The A-print of the bill changes the effective date from immediately upon

enactment to the 1st of January in the year following enactment.

 
JUSTIFICATION:

This bill would implement the original intent in the Domestic Workers
Bill of Rights (Chapter 481 of 2010) in amending section 201 (5) of the
Workers Compensation Law, which deleted the clause that had excluded
domestic workers who work less than 40 hours per week. The intent was to
ensure that domestic workers who work at least 20 hours per week (and
meet other requirements) are eligible for disability insurance. The
Sponsor's Memorandum on the Domestic Workers Bill of Rights stated, "In
addition, the bill grants disability insurance to part time domestic
workers...". Unfortunately, the Domestic Workers Bill of Rights failed
make the necessary corresponding amendment to Workers Compensation Law
section 202 (2). In an August 31, 2010 letter to Governor Paterson, the
Workers Compensation Board stated its support of this proposal and urged
that this technical correction be made. This bill does so.

 
PRIOR LEGISLATIVE HISTORY:

2019: A.1326/S.3961 - Passed Assembly 2/25/20

2018: A.5758/ No Same as - Ordered to Third Reading

2017: A.5758/ No Same as - Advanced to Third Reading

2016: A.3504/S.2837 - Ordered to Third Reading in Assembly

2014: A.6358/S.4234 - Passed Assembly, Advanced to Third Reading in
Senate

 
FISCAL IMPLICATIONS:

None to New York State and its subdivisions.

 
EFFECTIVE DATE:
This act shall take effect on January 1st in the year following enact-
ment.

2021-S3291A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3291--A
     Cal. No. 363
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor -- reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 AN  ACT  to  amend the workers' compensation law, in relation to covered
   employment as a domestic worker for temporary disability benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 202 of the workers' compensation
 law, as amended by chapter 65 of the laws of 1983, is amended to read as
 follows:
   2. The provisions of subdivision one of this section shall  not  apply
 to  an  employer  of  personal  or domestic employees in a private home,
 except an employer shall become a covered employer from  and  after  the
 expiration  of  four  weeks  following  the  employment  of  one or more
 personal or domestic employees who work for a minimum of [forty]  TWENTY
 hours  per  week  for such employer and are employed on each of at least
 thirty days in any calendar year.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09171-02-1

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Senate Bill S3291A

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Sponsored By

Julia Salazar

Archive: Last Bill Status Via A6077 - Signed by Governor

Bill Amendments

co-Sponsors

Jabari Brisport

2021-S3291 - Details

2021-S3291 - Summary

2021-S3291 - Sponsor Memo

2021-S3291 - Bill Text download pdf

co-Sponsors

Jabari Brisport

2021-S3291A (ACTIVE) - Details

2021-S3291A (ACTIVE) - Summary

2021-S3291A (ACTIVE) - Sponsor Memo

2021-S3291A (ACTIVE) - Bill Text download pdf

Comments