Increases the number of affirmative votes required to adopt, amend or repeal a rule.
Ayes (60): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousin, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S5857
TITLE OF BILL : An act to amend the workers' compensation law, in relation to rulemaking by the state insurance fund
PURPOSE : This bill would increase the minimum number of affirmative votes of New York State Insurance Fund ("NYSIF") commissioners required for a change in NYSIF rules from four to six.
SUMMARY OF PROVISIONS : Section 1 of the bill would amend Workers' Compensation Law ("WCL") § 83 to provide that the adoption, amendment or repeal of a NYSIF rule requires at least six affirmative votes by NYSIF's commissioners.
Section 2 provides for an immediate effective date.
EXISTING LAW : WCL § 83 provides that a NYSIF rule may be amended by an affirmative vote of at least four of NYSIF's commissioners. WCL § 77, as amended by Chapter 6 of the Laws of 2007, provides that NYSIF is to be administered by ten appointed commissioners and, in addition, by virtue of office, the Commissioner of Labor.
LEGISLATIVE HISTORY : This is a new proposal.
STATEMENT IN SUPPORT : Chapter 6 of the Laws of 2007 amended WCL § 77 to expand the number of NYSIF's appointed commissioners from eight to ten. The Commissioner of Labor is an eleventh commissioner of NYSIF by virtue of office. WCL § 83 authorizes NYSIF's commissioners to adopt rules for the conduct of the business of NYSIF. Currently, only four affirmative votes of NYSIF's commissioners are required to adopt, amend or repeal a NYSIF rule. With eleven voting commissioners, the minimum number of affirmative votes needed for a change of NYSIF rules under WCL § 83 needs to be increased from four to six votes to reflect a majority of NYSIF's commissioners.
BUDGET IMPLICATIONS : This bill would not have an impact on state finances.
EFFECTIVE DATE : This bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5857 2009-2010 Regular Sessions IN SENATE June 12, 2009 ___________Introduced by Sen. STAVISKY -- (at request of the State Insurance Fund) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the workers' compensation law, in relation to rulemaking by the state insurance fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 83 of the workers' compensation law, as amended by chapter 149 of the laws of 2000, is amended to read as follows: S 83. Rules. The commissioner shall adopt rules for the conduct of the business of the state fund, and may from time to time alter, amend or repeal any rule therefore adopted. At least
[four]SIX affirmative votes shall be required for the adoption of any rule, or the amendment or repeal of any rule. No rule, and no resolution proposing to alter, amend or repeal any rule, shall be effective unless approved by the commis- sioner of labor. If the commissioner of labor fails to act upon any such rule or resolution within thirty days after it is communicated to him or her, such rule or resolution shall be deemed to have been approved. The rules of the commissioners shall provide for the conduct of the business of the state insurance fund, including the issuance of policies and their terms and conditions, the fixing of premium rates, the keeping of records, auditing of payrolls, and the billing and collection of premiums therefor, the inspection of risks and the setting of the stand- ards of safety, the adjustment and payment of claims and awards, and the investigation of all matters relating thereto, the medical examination of persons claiming compensation and the furnishing and supervision of medical and surgical treatment to persons injured as set forth in this chapter, the conduct of the legal business of the fund and the enforce- ment of the subrogated rights of the fund against third parties, the investment of the surplus and reserves of the fund, and the collection and analysis of statistics of payrolls, premiums, losses and expenses and the actuarial consideration thereof. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09606-01-9