What's happening
This bill removes unconstitutional language about the State Comptroller's pre-audit of State Insurance Fund expenditures from workers' compensation law.
Why it matters
Clarifies oversight of State Insurance Fund expenditures. by removing language that exempted these payments from the State Comptroller’s pre-audit, addressing constitutional concerns about checks and balances.
Aligns the law with constitutional requirements. , reducing legal ambiguity or risk of challenge by ensuring that public funds are subject to proper oversight.
May impact transparency and accountability. in how the State Insurance Fund is managed, as expenditures could now face additional scrutiny, potentially affecting operational processes or timelines.
Signals a shift in legislative intent. toward stronger financial oversight of state-related entities, which could influence how similar funds or agencies are treated in future legislation.
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Who cares
Headline styles
Remove Pre-Audit Rule
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Ordered to third reading rules cal.64
- Rules report cal.64
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE 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 eliminating unconstitutional language relating to the pre-audit of expenditures from the state insurance fund by the state comptroller
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 88 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, is amended to read as follows:
§ 88. Administration expenses. The entire expense of administering the state insurance fund shall be paid out of such fund which shall not be considered an agency or a fund of the state for the purposes of section four of the state finance law. The portion of such expenses applicable and chargeable to the disability benefits fund shall be determined on an equitable basis with due allowance for the division of overhead expenses. There shall be submitted to the director of the budget quarterly financial statements on a calendar year basis. In no case shall the amount of administrative expenditures so authorized for an entire year from the workers' compensation fund exceed twenty-five per centum of the earned premiums for such insurance for that year. In no case shall the amount of administrative expenditures authorized for the disability benefits fund for an entire year exceed twenty-five per centum of the premiums earned by that fund for such insurance for that year. [No payment, expenditure or refund out of the state insurance fund shall be subject to pre-audit by the department of audit and control as provided by section one hundred eleven of the state finance law.] All appointments to positions in the state insurance fund shall be made subject to civil service requirements.
§ 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.