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

                                  9484

                          I N  A S S E M B L Y

                               May 2, 2014
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Labor

AN  ACT to amend the workers' compensation law, in relation to authoriz-
  ing the chair of the workers' compensation  board  to  remove  certain
  employers from such board's debarment list

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of  section  141-b  of  the  workers'
compensation  law is designated subdivision 1 and a new subdivision 2 is
added to read as follows:
  2. A. THE CHAIR MAY, IN HIS OR HER DISCRETION, REINSTATE THE ELIGIBIL-
ITY OF AN EMPLOYER WHO, PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  IS
OTHERWISE  INELIGIBLE  TO  SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK
CONTRACT OR SUBCONTRACT WITH THE STATE,  ANY  MUNICIPAL  CORPORATION  OR
PUBLIC BODY, IF THE EMPLOYER HAS:
  (I) NEVER PREVIOUSLY BEEN PLACED ON THE DEBARMENT LIST;
  (II)  NOT  BEEN FOUND LIABLE FOR ANY UNINSURED CLAIMS UNDER THIS CHAP-
TER; AND
  (III) PAID ALL FINES, PENALTIES AND  ASSESSMENTS  THAT  RESULTED  FROM
SUCH  EMPLOYER'S  FAILURE  TO  SECURE  COMPENSATION  TO  SUCH EMPLOYER'S
EMPLOYEES AS REQUIRED BY THIS CHAPTER.
  B. NOTHING SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION SHALL  REQUIRE
THE  CHAIR  TO  REINSTATE THE ELIGIBILITY OF AN EMPLOYER WHO HAS MET THE
CONDITIONS SET FORTH IN SUCH PARAGRAPH  IF  THE  CHAIR  DETERMINES  THAT
REINSTATING THE ELIGIBILITY OF SUCH EMPLOYER IS NOT IN THE BEST INTEREST
OF THE STATE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14688-02-4