Bill Text: NY S04034 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the pre-audit of expenditures from the state insurance fund by the state comptroller.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S04034 Detail]

Download: New_York-2013-S04034-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4034
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 5, 2013
                                      ___________
       Introduced  by  Sen.  SEWARD -- (at request of the State Comptroller) --
         read twice and ordered printed, and when printed to  be  committed  to
         the Committee on Finance
       AN  ACT  to amend the workers' compensation law, in relation to the pre-
         audit of expenditures from the state insurance fund by the state comp-
         troller and to repeal certain provisions of such law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 88 of the workers' compensation law, as amended by
    2  chapter 6 of the laws of 2007, is amended to read as follows:
    3    S 88. Administration expenses. The entire expense of administering the
    4  state insurance fund shall be paid out of such fund WHICH SHALL  NOT  BE
    5  CONSIDERED  AN AGENCY OR A FUND OF THE STATE FOR THE PURPOSES OF SECTION
    6  FOUR OF THE STATE FINANCE LAW.  The portion of such expenses  applicable
    7  and  chargeable  to  the  disability  benefits fund [and the medical and
    8  hospital malpractice fund] shall be determined  on  an  equitable  basis
    9  with due allowance for the division of overhead expenses. Not later than
   10  the  first  day  of November there shall be submitted to the director of
   11  the budget for his approval an estimated budget of expenditures for  the
   12  succeeding calendar year having due regard to the business interests and
   13  contract  obligations  of  the fund.   There may not be expended for the
   14  state insurance fund  for  purposes  of  administration  more  than  the
   15  amounts specified in such budget for each item of expenditure, except as
   16  authorized  by  the director of the budget.  THERE SHALL BE SUBMITTED TO
   17  THE DIRECTOR OF THE BUDGET QUARTERLY FINANCIAL STATEMENTS ON A  CALENDAR
   18  YEAR  BASIS.  In no case shall the amount of ADMINISTRATIVE expenditures
   19  so authorized for an entire year [for] FROM  THE  workers'  compensation
   20  [insurance]  FUND  exceed  twenty-five per centum of the earned premiums
   21  for such insurance for that year. In no case shall the amount of  ADMIN-
   22  ISTRATIVE  expenditures  authorized for the disability benefits fund for
   23  an entire year exceed twenty-five per centum of the premiums  earned  by
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02599-01-3
       S. 4034                             2
    1  that fund FOR SUCH INSURANCE FOR THAT YEAR. [In no case shall the amount
    2  of expenditures authorized for the medical and hospital malpractice fund
    3  for  an entire year exceed twenty-five per centum of the premiums earned
    4  by that fund.] If there be officers or employees of the department whose
    5  duties relate partly to the general work of the department and partly to
    6  the work of the state insurance fund, and in case there is other expense
    7  which  is  incurred jointly on behalf of the general work of the depart-
    8  ment and the state insurance fund, an  equitable  apportionment  of  the
    9  expense  shall  be  made and the part thereof which is applicable to the
   10  state insurance fund shall be chargeable thereto. The  expenses  of  the
   11  department  of audit and control incurred in connection with the pre-au-
   12  dit of expenditures of the state insurance fund, as required by  section
   13  one  hundred  eleven of the state finance law, shall be a charge against
   14  and be paid out of the moneys of the  state  insurance  fund  and  there
   15  shall  be  included  in  the  annual estimate submitted pursuant to this
   16  section an amount sufficient to pay such expenses for the period covered
   17  by such estimate. Notwithstanding section four of the state finance law,
   18  the state comptroller is  authorized  to  process  or  approve  payments
   19  related  to  business taxes, various workers' compensation board assess-
   20  ments and assessments related to the workers' compensation rating  board
   21  directly from the fund's accounts without explicit appropriation author-
   22  ity. The commissioner of labor shall include in his annual report to the
   23  legislature  a  statement  of  the  commissioners showing the expense of
   24  administering the state fund for the preceding year. All appointments to
   25  positions in the state insurance fund shall be  made  subject  to  civil
   26  service requirements.
   27    S  2. Section 88 of the workers' compensation law, as amended by chap-
   28  ter 635 of the laws of 1996, is REPEALED.
   29    S 3. This act shall take effect immediately;  provided,  however  that
   30  section  one  of this act shall be deemed to have been in full force and
   31  effect on and after April 1, 1996.