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A10616 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                       May 9, 2018
        Introduced by M. of A. SIMON -- (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.
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