S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4121
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee 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:
   §  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
 HUNDRED ELEVEN OF THIS ARTICLE IF SUCH EMPLOYER HAS IMPLEMENTED A DOMES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08697-01-7

 A. 4121                             2
 
 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
 PROCEDURES,  VIOLATIONS  AND  PENALTIES  FOR  MISUSE OF CERTIFICATION BY

 A. 4121                             3
 
 CERTIFIED DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALISTS, AND  FEES  FOR
 CERTIFICATES AND CERTIFICATE RENEWALS.
   §  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.