What's happening
This bill allows the Workers' Compensation Board chair to remove certain employers from the debarment list if specific conditions are met.
Why it matters
Gives compliant employers a second chance. Employers who have only been debarred once, have not had uninsured claims, and have paid all their penalties can be considered for removal from the debarment list, potentially restoring their ability to bid on public contracts.
Encourages payment of fines and compliance. By linking eligibility for reinstatement to payment of all fines and assessments, the bill incentivizes employers to promptly resolve penalties and comply with workers’ compensation requirements.
Retains state discretion for public interest. Even if an employer meets all eligibility criteria, the Workers’ Compensation Board chair can still deny reinstatement if it’s deemed not in the best interest of the state, ensuring continued oversight and protection of public interests.
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Who cares
Headline styles
Let Some Employers Rejoin Bidding
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 127
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
632
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. STIRPE, MAGNARELLI -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to authorizing the chair of the workers' compensation board to remove certain employers from such board's debarment list
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of section 141-b of the workers' compensation law is designated subdivision 1 and a new subdivision 2 is added to read as follows:
2. a. The chair may, in his or her discretion, reinstate the eligibility of an employer who, pursuant to subdivision one of this section, is otherwise ineligible to submit a bid on or be awarded any public work contract or subcontract with the state, any municipal corporation or public body, if the employer has:
(i) never previously been placed on the debarment list;
(ii) not been found liable for any uninsured claims under this chapter; and
(iii) paid all fines, penalties and assessments that resulted from such employer's failure to secure compensation to such employer's employees as required by this chapter.
b. Nothing set forth in paragraph a of this subdivision shall require the chair to reinstate the eligibility of an employer who has met the conditions set forth in such paragraph if the chair determines that reinstating the eligibility of such employer is not in the best interest of the state.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00662-01-9
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.