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A10616 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 10616 IN ASSEMBLY May 9, 2018 ___________ Introduced by M. of A. SIMON -- (at request of the State Comptroller) -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to eliminat- ing unconstitutional language relating to the pre-audit of expendi- tures from the state insurance fund by the state comptroller 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 635 of the laws of 1996, is amended to read as follows: 3 § 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 shall be determined on an 8 equitable basis with due allowance for the division of overhead 9 expenses. There shall be submitted to the director of the budget quar- 10 terly financial statements on a calendar year basis. In no case shall 11 the amount of administrative expenditures so authorized for an entire 12 year from the workers' compensation fund exceed twenty-five per centum 13 of the earned premiums for such insurance for that year. In no case 14 shall the amount of administrative expenditures authorized for the disa- 15 bility benefits fund for an entire year exceed twenty-five per centum of 16 the premiums earned by that fund for such insurance for that year. [No17payment, expenditure or refund out of the state insurance fund shall be18subject to pre-audit by the department of audit and control as provided19by section one hundred eleven of the state finance law.] All appoint- 20 ments to positions in the state insurance fund shall be made subject to 21 civil service requirements. 22 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13940-01-7