STATE OF NEW YORK
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8086
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
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Introduced by M. of A. RODRIGUEZ, CRESPO -- (at request of the State
Comptroller) -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to eliminat-
ing unconstitutional language relating to the pre-audit of expendi-
tures from the state insurance fund by the state comptroller
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 88 of the workers' compensation law, as amended by
2 chapter 635 of the laws of 1996, is amended to read as follows:
3 § 88. Administration expenses. The entire expense of administering the
4 state insurance fund shall be paid out of such fund which shall not be
5 considered an agency or a fund of the state for the purposes of section
6 four of the state finance law. The portion of such expenses applicable
7 and chargeable to the disability benefits fund shall be determined on an
8 equitable basis with due allowance for the division of overhead
9 expenses. There shall be submitted to the director of the budget quar-
10 terly financial statements on a calendar year basis. In no case shall
11 the amount of administrative expenditures so authorized for an entire
12 year from the workers' compensation fund exceed twenty-five per centum
13 of the earned premiums for such insurance for that year. In no case
14 shall the amount of administrative expenditures authorized for the disa-
15 bility benefits fund for an entire year exceed twenty-five per centum of
16 the premiums earned by that fund for such insurance for that year. [No
17 payment, expenditure or refund out of the state insurance fund shall be
18 subject to pre-audit by the department of audit and control as provided
19 by section one hundred eleven of the state finance law.] All appoint-
20 ments to positions in the state insurance fund shall be made subject to
21 civil service requirements.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08971-01-9
