Bill S4471-2013

Requires workers comp hearings and pre-hearing conferences to be stenographically recorded by a stenographer in the employ of the workers' compensation board

Requires workers' compensation hearings and pre-hearing conferences to be stenographically recorded by a stenographer in the employ of the workers' compensation board.

Details

Actions

  • Jul 31, 2013: VETOED MEMO.208
  • Jul 19, 2013: DELIVERED TO GOVERNOR
  • Jun 18, 2013: returned to senate
  • Jun 18, 2013: passed assembly
  • Jun 18, 2013: ordered to third reading rules cal.315
  • Jun 18, 2013: substituted for a5235
  • Apr 29, 2013: referred to labor
  • Apr 29, 2013: DELIVERED TO ASSEMBLY
  • Apr 29, 2013: PASSED SENATE
  • Apr 17, 2013: ADVANCED TO THIRD READING
  • Apr 16, 2013: 2ND REPORT CAL.
  • Apr 15, 2013: 1ST REPORT CAL.281
  • Apr 3, 2013: REFERRED TO LABOR

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Labor - Apr 15, 2013
Ayes (12): Savino, DeFrancisco, Grisanti, Marcellino, Martins, Robach, Peralta, Addabbo, Dilan, Perkins, Rivera, Sanders
Ayes W/R (2): Gallivan, Marchione
Absent (1): Ball
Excused (1): Hannon

Memo

BILL NUMBER:S4471

TITLE OF BILL: An act to amend the workers' compensation law, in relation to requiring hearings and pre-hearing conferences to be recorded by a stenographer in the employ of the workers' compensation board

PURPOSE:

Provides that testimony in workers compensation cases must be stenographically recorded and transcribed by a stenographer in the employ of the board.

SUMMARY OF PROVISIONS:

Amends § 122 of the workers' compensation law to provide that testimony given before the Workers' Compensation Board must, in addition to being transcribed by a stenographer in the employ of the board, also be stenographically recorded by a stenographer in the employ of the board.

EXISTING LAW:

Under existing law, transcripts must be transcribed by a stenographer, which is certified by the stenographer to be true and correct.

JUSTIFICATION;

This legislation seeks to clarify the statute that testimony must be both stenographically recorded and transcribed by a stenographer in the employ of the board for workers' compensation cases. Plans by the Workers' Compensation Board to allow for digital recording were found by members of the Legislature to be in opposition to the legislative intent of Worker's Compensation law § 122. In order to prevent any future confusion the statute should be amended to clarify that testimony must be both stenographically recorded and transcribed by a stenographer in the employ of the board.

LEGISLATIVE HISTORY:

2010 Session - passed Senate 2011 Session - referred to Senate Labor Committee 2012 Session passed both, houses, vetoed by Governor (VM. 140)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4471 2013-2014 Regular Sessions IN SENATE April 3, 2013 ___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to requiring hearings and pre-hearing conferences to be recorded by a stenographer in the employ of the workers' compensation board THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 122 of the workers' compensation law, as amended by chapter 113 of the laws of 1946, is amended to read as follows: S 122. Transcripts. ALL HEARINGS AND PRE-HEARING CONFERENCES SHALL BE STENOGRAPHICALLY RECORDED BY A STENOGRAPHER IN THE EMPLOY OF THE BOARD. A copy of the testimony, evidence and procedure of any investigation, HEARING OR PRE-HEARING CONFERENCE, or a particular part thereof, STENO- GRAPHICALLY RECORDED AND transcribed by a stenographer in the employ of the board and certified by such stenographer to be true and correct may be received in evidence with the same effect as if such stenographer were present and testifying to the facts so certified. A copy of such transcript shall be furnished to any party upon payment of the fee for transcripts of similar minutes in the supreme court. S 2. This act shall take effect immediately.

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