Bill Text: NY A03611 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the workers' compensation law and the state finance law, in relation to the funding of vocational rehabilitation services for injured employees
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2009-01-27 - referred to labor [A03611 Detail]
Download: New_York-2009-A03611-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3611
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. EDDINGTON, JOHN, ABBATE, CANESTRARI, CLARK,
CHRISTENSEN, COLTON, DESTITO, HEASTIE, HOOPER, MAYERSOHN, MILLMAN,
ORTIZ -- Multi-Sponsored by -- M. of A. PERALTA, PERRY, WRIGHT --
read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law and the state finance law,
in relation to the funding of vocational rehabilitation services for
injured employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 9 of section 15 of the workers' compensation
2 law, as amended by chapter 331 of the laws of 1978 and the opening para-
3 graph as amended by chapter 540 of the laws of 1984, is amended to read
4 as follows:
5 9. Expenses for rehabilitating injured employees. An employee, who as
6 a result of injury is or may be expected to be totally or partially
7 incapacitated for a remunerative occupation and who, under the direction
8 of the state education department is being rendered fit to engage in a
9 remunerative occupation, may BE ELIGIBLE TO receive [additional compen-
10 sation] SERVICES necessary for his OR HER rehabilitation[, not more than
11 thirty dollars per week of which may be expended for maintenance]
12 ACCORDING TO THE PROVISIONS OF THE FEDERAL REHABILITATION ACT OF 1973,
13 AS AMENDED, AND ARTICLE TWENTY-ONE OF THE EDUCATION LAW. [Such expense
14 and such of the] NOTWITHSTANDING THE PROVISIONS OF ANY LAW, RULE OR
15 REGULATION TO THE CONTRARY, THE COST OF SUCH REHABILITATION SERVICES AND
16 THE RELATED administrative expenses of the state education department as
17 are properly assignable to the expenses of rehabilitating employees
18 entitled to compensation as a result of injuries under this chapter,
19 shall be paid out of FUNDS ASSIGNED TO THE EDUCATION DEPARTMENT FOR THE
20 PURPOSE OF THE VOCATIONAL EDUCATION OF INDIVIDUALS WITH DISABILITIES
21 UNDER THE PROVISIONS OF THE FEDERAL REHABILITATION ACT OF 1973, AS
22 AMENDED. THE COST TO OFFSET SUCH EXPENSES SHALL BE PAID OUT OF a special
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04639-01-9
A. 3611 2
1 fund created in the following manner: The employer, or if insured, his
2 insurance carrier, shall pay into the vocational rehabilitation fund for
3 every case of injury causing death, in which there are no persons enti-
4 tled to compensation, the sum of five hundred dollars where such injury
5 occurred prior to July first, nineteen hundred sixty-three and the sum
6 of one thousand dollars where such injury shall occur on or after July
7 first, nineteen hundred sixty-three and the sum of two thousand dollars
8 where such injury shall occur on or after September first, nineteen
9 hundred seventy-eight. The commissioner of taxation and finance and the
10 state comptroller shall be the joint custodians of this special fund and
11 may invest any surplus moneys thereof in securities which constitute
12 legal investments for savings banks under the laws of this state and in
13 interest bearing certificates of deposit of a bank or trust company
14 located and authorized to do business in this state or of a national
15 bank located in this state secured by a pledge of direct obligations of
16 the United States or of the state of New York in an amount equal to the
17 amount of such certificates of deposit. He OR SHE may also sell any of
18 the securities or certificates of deposit in which such fund is invested
19 if necessary for the proper administration or in the best interests of
20 such fund. The provisions of this paragraph shall not apply with respect
21 to policies containing coverage pursuant to [subdivision four-a of
22 section one hundred sixty-seven] SECTION THREE THOUSAND FOUR HUNDRED
23 TWENTY of the insurance law relating to every policy providing compre-
24 hensive personal liability insurance on a one, two, three or four family
25 owner-occupied dwelling.
26 Disbursements from the vocational rehabilitation fund [for the addi-
27 tional compensation provided for by this section] shall be paid [by the
28 commissioner of taxation and finance on warrants drawn by the state
29 comptroller upon vouchers signed by the commissioner of education or the
30 deputy commissioner of education provided that the compensation claim
31 number of an injured employee undergoing vocational rehabilitation has
32 been verified by the chairman] IN ACCORDANCE WITH SECTION NINETY-SEVEN-
33 LLL OF THE STATE FINANCE LAW.
34 [Disbursements from the vocational rehabilitation fund for administra-
35 tive expenses of the state education department shall be paid by the
36 commissioner of taxation and finance on warrants drawn by the state
37 comptroller upon vouchers signed by the commissioner of education or the
38 deputy commissioner of education.]
39 S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section
40 97-lll of the state finance law, as added by section 88 of part A of
41 chapter 436 of the laws of 1997, are amended to read as follows:
42 (a) the workers' compensation death benefit accounts. Expenditures
43 from this account shall support services and expenses of the [special
44 workers' compensation] VOCATIONAL REHABILITATION program. Notwithstand-
45 ing any other law, rule or regulation to the contrary, the comptroller
46 is hereby authorized and directed to deposit to the credit of this
47 account all moneys collected pursuant to subdivision nine of section
48 fifteen of the workers' compensation law; and
49 3. Moneys of the accounts established in subdivision two of this
50 section, following appropriation by the legislature, shall be available
51 to the state education department for services and expenses of the
52 [special workers' compensation] VOCATIONAL REHABILITATION program.
53 S 3. This act shall take effect April 1, 2009, provided, however, if
54 this act shall become a law after such date it shall take effect imme-
55 diately and shall be deemed to have been in full force and effect on and
56 after April 1, 2009.
