Relates to the dedicated occupational safety and health training and education and occupational health clinic programs fund.
TITLE OF BILL: An act to amend the state finance law, in relation to the dedicated occupational safety and health training and education and occupational health clinic programs fund
SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 97-C of the State Finance Law by adding language in subsections 1, 2, 3 and 4 that requires dedicated funding for the occupational safety and health training and education and occupational health clinic programs fund. It also adds language to subsection 5 that indexes future increases to the funding to increases in the maximum rate for workers' compensation benefits pursuant to Paragraph (a) of subdivision 6 of section 15 of the workers' compensation law.
JUSTIFICATION: Occupational clinics provide much needed health care to workers and occupational safety and health training and education provides necessary services to reduce the number of injured workers. These programs have long been subject to budget cuts that create uncertainty and jeopardize the effectiveness in reducing injuries and care for injured workers. This bill would safeguard these programs from future funding cuts and would capture the increased assessment based funds that will be made available as a result of future maximum benefit increases,
PRIOR LEGISLATIVE HISTORY: 2009: S.2249 Referred to Finance 2008: S.6913 Reported to Rules; A.4509-B Passed Assembly 2005-06: A.3948 Referred to Labor 2004: A.11379 Reported to Ways and Means
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 723--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to the dedicated occupational safety and health training and education and occupational health clinic programs fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 97-c of the state finance law, as added by chapter 886 of the laws of 1985, subdivisions 3 and 4 as amended by chapter 309 of the laws of 1996, is amended to read as follows: S 97-c.
[Training and education program on occupational safety and health fund]DEDICATED OCCUPATIONAL SAFETY AND HEALTH TRAINING AND EDUCATION AND OCCUPATIONAL HEALTH CLINIC PROGRAMS FUND. 1. There is hereby established in the custody of the state comptroller the [training and education program on occupational safety and health fund]DEDICATED OCCUPATIONAL SAFETY AND HEALTH TRAINING AND EDUCATION AND OCCUPATIONAL HEALTH CLINIC PROGRAMS FUND. 2. Such fund shall consist of moneys collected from special compen- sation assessments collected pursuant to the provisions of section one hundred fifty-one of the workers' compensation law FOR THE TRAINING PROGRAM ON OCCUPATIONAL SAFETY AND HEALTH AND THE OCCUPATIONAL HEALTH CLINIC NETWORK. 3. Moneys of the fund shall be available to the New York state occupa- tional safety and health hazard abatement board for purposes of carrying out the provisions of article twenty-nine of the labor law and to the department of labor for worker protection activities under its jurisdic- tion, AND TO THE DEPARTMENT OF HEALTH FOR SERVICES RELATED TO THE OCCU- PATIONAL HEALTH CLINIC NETWORK.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02813-03-1 S. 723--A 2
4. The moneys shall be paid out of the fund on the audit and warrant of the comptroller on vouchers certified or approved by the chairperson of the board or his or her designee or by the commissioner of labor or his or her designee, OR BY THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE. NO FUNDS SHALL BE PAID FOR ANY PURPOSE OTHER THAN THOSE ENUMERATED IN SUBDIVISION TWO OR THREE OF THIS SECTION. 5. Notwithstanding the provisions of any general or special law, no moneys shall be available from the fund until a certificate of allo- cation and a schedule of amounts to be available therefor shall have been issued by the director of the budget, and a copy of such certif- icate filed with the comptroller. BEGINNING ON APRIL FIRST, TWO THOUSAND FOURTEEN, AND FOR EACH SUCCEEDING YEAR, THE SCHEDULE OF AMOUNTS AVAIL- ABLE FOR THE TRAINING PROGRAM ON OCCUPATIONAL SAFETY AND HEALTH AND THE OCCUPATIONAL HEALTH CLINIC NETWORK SHALL REFLECT A PERCENTAGE INCREASE OVER THE PREVIOUS YEAR'S FUNDING EQUAL TO OR GREATER THAN THE PERCENTAGE INCREASE IN THE MAXIMUM RATE FOR WORKERS' COMPENSATION BENEFITS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FIFTEEN OF THE WORKERS' COMPENSATION LAW. Such certificate may be amended from time to time by the director of the budget and a copy of each such amendment shall be filed with the comptroller. S 2. This act shall take effect immediately.