S T A T E   O F   N E W   Y O R K
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                                  2497

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW, JOHN, GLICK, CARROZZA, GALEF, LENTOL --
  Multi-Sponsored by -- M. of A. DINOWITZ -- read once and  referred  to
  the Committee 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02172-01-9
              

A. 2497                             2

HUNDRED ELEVEN OF THIS ARTICLE IF SUCH EMPLOYER HAS IMPLEMENTED A DOMES-
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

A. 2497                             3

PROCEDURES, VIOLATIONS AND PENALTIES  FOR  MISUSE  OF  CERTIFICATION  BY
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.