Bill Text: NY S00847 | 2017-2018 | General Assembly | Amended
Bill Title: Permits an employer who is a member of a recognized religious sect to file an application with the department of labor to be exempted from the provisions of the workers' compensation law with respect to employees who are members of the same recognized religious sect whose religious tenets or teachings oppose acceptance of any insurance benefits.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO LABOR [S00847 Detail]
Download: New_York-2017-S00847-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 847--A 2017-2018 Regular Sessions IN SENATE January 5, 2017 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to providing an exemption from coverage for certain members of a recognized reli- gious sect The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The workers' compensation law is amended by adding a new 2 section 126 to read as follows: 3 § 126. Exemption from coverage. 1. An employer who is a member of a 4 recognized religious sect which embraces a long-standing commitment of 5 non-involvement in the matters of established governmental practices and 6 is conscientiously opposed to acceptance of any public or private insur- 7 ance that makes payments in the event of death, disability, old age or 8 retirement or makes payments toward the cost of or provides services for 9 medical bills (including the benefits of any insurance system estab- 10 lished by the Federal Social Security Act 42 U.S.C. 301 et seq.) may 11 file an application with the department to be exempted from the 12 provisions of this chapter to the extent his or her employees are from 13 the same religious sect. 14 2. The application shall include a written waiver by the employees of 15 all benefits under this chapter and an affidavit by such employee that 16 he or she is a member of a recognized religious sect which embraces a 17 long-standing commitment of non-involvement in the matters of estab- 18 lished governmental practices and is conscientiously opposed to accept- 19 ance of the benefits of any public or private insurance. 20 3. Such application shall be granted if the department shall find 21 that: (a) such employees are members of a sect or division having the 22 established tenets or teachings referred to in subdivision one of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05741-03-7S. 847--A 2 1 section; and (b) it is the practice, and has been for a substantial 2 number of years, for members of such sect or division thereof to make 3 provision for their dependent members which in its judgment is reason- 4 able in view of their general level of living. 5 4. When an employee is a minor, the waiver and affidavit required by 6 subdivision one of this section may be made by the guardian of the 7 minor. 8 5. An exception granted in regard to a specific employee shall be 9 valid for all future years unless such employee or sect ceases to meet 10 the requirements of subdivision one of this section. 11 § 2. This act shall take effect immediately.