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A07286 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7286
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 3, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  RODRIGUEZ  -- (at request of the State Comp-
          troller) -- 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.
                                                                   LBD10693-01-1
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