S T A T E   O F   N E W   Y O R K
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                                  9936

                          I N  A S S E M B L Y

                              May 30, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rodriguez)
  -- (at request of the State Insurance Fund) -- read once and  referred
  to the Committee on Labor

AN  ACT to amend the workers' compensation law and the insurance law, in
  relation to evidence of insurance concerning persons who may elect  to
  be excluded from coverage under a workers' compensation policy

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

  Section 1. Section 54 of the workers' compensation law is  amended  by
adding a new subdivision 9 to read as follows:
  9.  A  CERTIFICATE  OF  INSURANCE  OR OTHER PROOF OF INSURANCE FOR ANY
POLICY SECURING THE PAYMENT OF COMPENSATION  UNDER  THIS  CHAPTER  SHALL
IDENTIFY  BY  NAME  ANY EXECUTIVE OFFICER OF A CORPORATION, PARTNER IN A
PARTNERSHIP OR  LIMITED  LIABILITY  PARTNERSHIP,  MEMBER  OF  A  LIMITED
LIABILITY  COMPANY OR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANY OR
SOLE PROPRIETOR WHO IS NOT COVERED BY THE POLICY.
  S 2. The insurance law is amended by adding a new section 3455 to read
as follows:
  S 3455. VERIFICATION OF WORKERS' COMPENSATION INSURANCE COVERAGE.  (A)
ANY  INSURER,  UPON  BEING  PRESENTED  BY THE HOLDER OF A CERTIFICATE OF
INSURANCE OR OTHER PROOF OF CURRENT INSURANCE COVERAGE  OF  AN  EMPLOYER
FOR  THE  PAYMENT OF BENEFITS UNDER THE WORKERS' COMPENSATION LAW, SHALL
VERIFY TO THE HOLDER WHETHER CURRENT  COVERAGE  IN  FACT  EXISTS.    THE
INSURER  SHALL  PROVIDE  THE  VERIFICATION  EITHER  BY ELECTRONIC ACCESS
THROUGH THE INTERNET OR BY E-MAIL OR REGULAR MAIL WITHIN  FIVE  BUSINESS
DAYS FROM THE DATE THAT THE INSURER RECEIVES THE REQUEST.
  (B)  INSURERS  SHALL REPORT TO THE WORKERS' COMPENSATION BOARD, IN THE
MANNER AS REQUIRED BY THE CHAIR OF THE WORKERS' COMPENSATION BOARD,  THE
NAME OF ANY EXECUTIVE OFFICER OF A CORPORATION, PARTNER IN A PARTNERSHIP
OR  LIMITED LIABILITY PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY
OR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANY  OR  SOLE  PROPRIETOR
WHO  IS NOT COVERED BY THE POLICY, FOR THE PURPOSE OF MAKING SUCH INFOR-
MATION AVAILABLE THROUGH A SEARCH ON A SECURE WEBSITE MAINTAINED BY  THE
WORKERS' COMPENSATION BOARD.

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

                                                           LBD13940-01-4

A. 9936                             2

  (C)  THE  SUPERINTENDENT  MAY  ASSESS  A PENALTY OF UP TO ONE THOUSAND
DOLLARS AGAINST ANY INSURER FOR EACH INSTANCE  THAT  THE  SUPERINTENDENT
FINDS  THAT  THE  INSURER  DID  NOT  PROVIDE  INFORMATION, UPON REQUEST,
CONCERNING COVERAGE AS  REQUIRED  BY  SUBSECTION  (A)  OR  (B)  OF  THIS
SECTION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.