S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2898

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the workers' compensation law, in relation to  providing
  for  the  implementation  of  domestic violence employee awareness and
  assistance policies by employers and providing a  disability  benefits
  insurance premium credit for the implementation thereof

  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 210-a to read as follows:
  S  210-A.  DOMESTIC VIOLENCE EMPLOYEE AWARENESS AND ASSISTANCE POLICY;
CERTIFICATION OF DOMESTIC  VIOLENCE  WORKPLACE  POLICY  SPECIALISTS.  1.
EMPLOYERS  INSURED  THROUGH  THE  STATE  FUND  OR ANY OTHER INSURER THAT
ISSUES POLICIES PROVIDING DISABILITY BENEFITS PURSUANT TO THIS  ARTICLE,
SHALL  BE  ELIGIBLE FOR A CREDIT IN DISABILITY BENEFITS PREMIUMS IF THEY
IMPLEMENT A DOMESTIC VIOLENCE EMPLOYEE AWARENESS AND  ASSISTANCE  POLICY
THAT  HAS  BEEN ESTABLISHED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC
VIOLENCE, RECOMMENDED BY A DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALIST
AND CERTIFIED BY THE DOMESTIC VIOLENCE  WORKPLACE  POLICY  PANEL  ESTAB-
LISHED PURSUANT TO THIS SECTION. THE CREDIT, WHICH SHALL BE FIVE PERCENT
OF THE DISABILITY BENEFITS INSURANCE PREMIUM FOR THE IMPLEMENTATION OF A
DOMESTIC  VIOLENCE  EMPLOYEE  AWARENESS  AND ASSISTANCE POLICY, SHALL BE
PROVIDED TO THE EMPLOYER AT THE END OF THE POLICY YEAR. THE CREDIT SHALL
BE AVAILABLE FOR TWO CONSECUTIVE YEARS,  PROVIDED  THAT  SUCH  A  POLICY
SHALL HAVE BEEN IMPLEMENTED FOR A MINIMUM OF SIX MONTHS DURING THE FIRST
YEAR FOR WHICH THE CREDIT IS SOUGHT, AND THAT THE POLICY SHALL HAVE BEEN
IMPLEMENTED  FOR  A  FULL TWELVE MONTHS DURING THE SECOND YEAR FOR WHICH
THE CREDIT IS SOUGHT.
  2. A SELF-INSURED EMPLOYER SHALL BE ELIGIBLE FOR A  REDUCTION  IN  THE
SECURITY  DEPOSIT  PROVIDED  FOR  IN  SUBDIVISION  THREE  OF SECTION TWO
HUNDRED ELEVEN OF THIS ARTICLE IF SUCH EMPLOYER HAS IMPLEMENTED A DOMES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05702-01-5
              

A. 2898                             2

TIC VIOLENCE EMPLOYEE AWARENESS AND  ASSISTANCE  POLICY  THAT  HAS  BEEN
ESTABLISHED  BY  THE  OFFICE  FOR  THE  PREVENTION OF DOMESTIC VIOLENCE,
RECOMMENDED BY A  DOMESTIC  VIOLENCE  WORKPLACE  POLICY  SPECIALIST  AND
CERTIFIED  BY  THE  DOMESTIC VIOLENCE WORKPLACE POLICY PANEL ESTABLISHED
PURSUANT TO THIS SECTION. THE AMOUNT OF THE REDUCTION  IN  THE  REQUIRED
SECURITY DEPOSIT SHALL BE NO GREATER THAN FIVE PERCENT FOR THE IMPLEMEN-
TATION  OF A DOMESTIC VIOLENCE EMPLOYEE AWARENESS AND ASSISTANCE POLICY,
OR SUCH AMOUNT AS DETERMINED BY THE CHAIR OF THE BOARD  TO BE  NECESSARY
TO  ASSURE  THAT  THE DEPOSIT REMAIN SUFFICIENT TO SECURE THE EMPLOYER'S
LIABILITY TO PAY THE BENEFITS REQUIRED BY THIS  ARTICLE.  THE  REDUCTION
SHALL  BE AVAILABLE FOR TWO CONSECUTIVE YEARS, PROVIDED THAT SUCH POLICY
SHALL HAVE BEEN IMPLEMENTED FOR A MINIMUM OF SIX MONTHS DURING THE FIRST
YEAR FOR WHICH THE REDUCTION IS SOUGHT, AND THAT SUCH POLICY SHALL  HAVE
BEEN  IMPLEMENTED  FOR A MINIMUM OF SIX MONTHS DURING THE FIRST YEAR FOR
WHICH THE REDUCTION IS SOUGHT, AND THAT  SUCH  POLICY  SHALL  HAVE  BEEN
IMPLEMENTED  FOR  A  FULL TWELVE MONTHS DURING THE SECOND YEAR FOR WHICH
THE REDUCTION IS SOUGHT.
  3. A. THERE IS HEREBY ESTABLISHED A DOMESTIC VIOLENCE WORKPLACE POLICY
PANEL WHICH SHALL HAVE THE RESPONSIBILITY TO:  (I)  RECEIVE  AND  REVIEW
APPLICATIONS  FROM  APPLICANTS  FOR  CERTIFICATION  AS DOMESTIC VIOLENCE
WORKPLACE POLICY SPECIALISTS, (II) CERTIFY PERSONS AS DOMESTIC  VIOLENCE
WORKPLACE POLICY SPECIALISTS, AND (III) REVOKE CERTIFICATION OF DOMESTIC
VIOLENCE WORKPLACE POLICY SPECIALISTS FOR JUST CAUSE.
  B.  THE DOMESTIC VIOLENCE WORKPLACE POLICY PANEL SHALL CONSIST OF FIVE
VOTING MEMBERS AS FOLLOWS: THE SUPERINTENDENT OF INSURANCE, THE CHAIR OF
THE BOARD, THE EXECUTIVE DIRECTOR OF THE OFFICE FOR  THE  PREVENTION  OF
DOMESTIC  VIOLENCE, OR THEIR DESIGNEES, AND TWO MEMBERS APPOINTED BY THE
GOVERNOR. THE MEMBERS APPOINTED BY THE GOVERNOR SHALL BE AS FOLLOWS: ONE
SHALL BE A REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED  UPON  THE
RECOMMENDATION  OF  THE BUSINESS COUNCIL OF NEW YORK STATE, INCORPORATED
AND ONE SHALL BE A REPRESENTATIVE OF ORGANIZED LABOR UPON THE  RECOMMEN-
DATION  OF THE STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL
ORGANIZATIONS. SUCH APPOINTED MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS
ARE APPOINTED BY THE GOVERNOR. THE COMMISSIONER OF LABOR, OR HIS OR  HER
DESIGNEE, SHALL SERVE AS AN EX-OFFICIO NON-VOTING MEMBER OF THE DOMESTIC
VIOLENCE WORKPLACE POLICY PANEL.
  C.  THE  DOMESTIC  VIOLENCE WORKPLACE POLICY PANEL SHALL MEET AT LEAST
QUARTERLY. THE EXECUTIVE DIRECTOR OF THE OFFICE FOR  THE  PREVENTION  OF
DOMESTIC VIOLENCE SHALL SERVE AS CHAIR OF THE PANEL. THE MEMBERS OF SUCH
PANEL  SHALL  SERVE  WITHOUT  COMPENSATION,  EXCEPT  THAT  THEY SHALL BE
ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE  PERFORMANCE
OF THEIR DUTIES PURSUANT TO THIS SECTION.
  4.  THE  BOARD  SHALL MONITOR ALL DOMESTIC VIOLENCE EMPLOYEE AWARENESS
AND ASSISTANCE POLICIES  IMPLEMENTED  BY  EMPLOYERS.  AS  PART  OF  THIS
RESPONSIBILITY, THE BOARD SHALL ENSURE THAT EMPLOYEE REPRESENTATIVES ARE
INVOLVED  IN  THE  DEVELOPMENT  OF  SUCH  POLICIES  THROUGH MEETINGS AND
DISCUSSIONS WITH THE RESPECTIVE CERTIFIED  DOMESTIC  VIOLENCE  WORKPLACE
POLICY SPECIALISTS.
  5.  AFTER  CONSULTATION  WITH  THE  DOMESTIC VIOLENCE WORKPLACE POLICY
PANEL, THE COMMISSIONER OF LABOR SHALL PROMULGATE RULES AND  REGULATIONS
FOR THE CERTIFICATION OF DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALISTS.
SUCH  RULES  AND  REGULATIONS  SHALL INCLUDE PROVISIONS THAT OUTLINE THE
MINIMUM QUALIFICATION FOR DOMESTIC VIOLENCE  WORKPLACE  POLICY  SPECIAL-
ISTS,  PROCEDURES FOR CERTIFICATION, CAUSES FOR REVOCATION OR SUSPENSION
OF CERTIFICATION AND  APPROPRIATE  ADMINISTRATIVE  AND  JUDICIAL  REVIEW
PROCEDURES,  VIOLATIONS  AND  PENALTIES  FOR  MISUSE OF CERTIFICATION BY

A. 2898                             3

CERTIFIED DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALISTS, AND  FEES  FOR
CERTIFICATES AND CERTIFICATE RENEWALS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, except  that  subdivi-
sions  3  and  5  of  section 210-a of the workers' compensation law, as
added by section one of this act, shall take effect immediately.