Bill Text: NY A00152 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 152 (Prior Session Legislation)

Introduced

Bill Title: Defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A00152 Detail]

Download: New_York-2019-A00152-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                           152
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of A. D'URSO, ORTIZ -- read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the public officers law, in relation to the defense  and
          indemnification of certain independent contractors
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 1 of section 17 of the  public
     2  officers  law, as amended by chapter 293 of the laws of 1992, is amended
     3  to read as follows:
     4    (a) As used in this section, unless the context otherwise requires the
     5  term "employee" shall mean any person holding a  position  by  election,
     6  appointment  or  employment in the service of the state, including clin-
     7  ical practice pursuant to subdivision fourteen of  section  two  hundred
     8  six of the public health law, whether or not compensated, or a volunteer
     9  expressly  authorized  to  participate  in  a  state-sponsored volunteer
    10  program, but shall not include  an  independent  contractor,  except  as
    11  provided in paragraph (aa) of this subdivision.  The term employee shall
    12  include  a  former employee, his estate or judicially appointed personal
    13  representative and persons who assist the education  department  or  the
    14  department  of health as consultants or expert witnesses in the investi-
    15  gation or prosecution  of  alleged  professional  misconduct,  licensure
    16  matters, restoration proceedings, or criminal prosecutions for unauthor-
    17  ized practice pursuant to title eight of the education law or title II-A
    18  of the public health law.
    19    § 2. Subdivision 1 of section 17 of the public officers law is amended
    20  by adding a new paragraph (aa) to read as follows:
    21    (aa)  For  the  purposes  of  this  section, the term "employee" shall
    22  include an independent contractor and its employees who  install  tempo-
    23  rary  traffic  controls  at the scene of an accident, hazardous material
    24  spill or other unplanned traffic incident, while acting  pursuant  to  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00690-01-9
        A. 152                              2
     1  direct  order  by  a  police officer or other public official that is in
     2  charge of such traffic incident. Provided, however,  the  classification
     3  of  such  independent  contractor  and its employees as "employee" shall
     4  apply  only with regard to entitlement to receive defense and indemnifi-
     5  cation from the state pursuant to this section; it shall have no  effect
     6  on  the liability of such independent contractor or its employees or the
     7  applicability of the civil practice law and rules, the general municipal
     8  law, the general obligations law or other laws or common law to  actions
     9  or  claims of any kind with regard to such independent contractor or its
    10  employees; neither shall it grant to any party not already  so  entitled
    11  the  right to a notice of claim, not to a notice of an intention to make
    12  a claim, nor to venue in the court of claim.
    13    § 3. Subdivision 5 of section 17 of the public officers law, as  added
    14  by chapter 466 of the laws of 1978, is amended to read as follows:
    15    5.  The  benefits  of  this  section  shall inure only to employees as
    16  defined herein and shall not enlarge or diminish the rights of any other
    17  party nor shall any provision of this section be  construed  to  affect,
    18  alter  or  repeal  any  provision  of the workers' compensation law; and
    19  nothing herein shall confer upon any indemnitee any additional  benefits
    20  or advantages with regard to any other party in litigation other than as
    21  specifically set forth herein.
    22    § 4. This act shall take effect immediately.