Bill Text: NY S00190 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides a rebuttable presumption of criminal negligence when an employer or contractor hires a worker or laborer on a daily basis for a building construction project or construction job and requires such worker or laborer to perform tasks which such worker is not skilled or trained to perform.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LABOR [S00190 Detail]

Download: New_York-2009-S00190-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          190
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       AN ACT to amend the labor law, in relation to establishing a presumption
         relating to the daily employment of unskilled or untrained workers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The labor law is amended by adding a new section 202-l to
    2  read as follows:
    3    S 202-L. UNSKILLED OR UNTRAINED WORKERS; REBUTTABLE PRESUMPTION. 1. IN
    4  A CRIMINAL PROCEEDING COMMENCED AGAINST AN EMPLOYER OR CONTRACTOR, THERE
    5  SHALL BE A REBUTTABLE PRESUMPTION THAT ANY EMPLOYER  OR  CONTRACTOR  WHO
    6  HIRES  A  WORKER OR LABORER ON A DAILY BASIS FOR A BUILDING CONSTRUCTION
    7  PROJECT OR CONSTRUCTION JOB AND  REQUIRES  SUCH  WORKER  OR  LABORER  TO
    8  PERFORM  TASKS WHICH SUCH WORKER IS NOT SKILLED OR TRAINED TO PERFORM IS
    9  CRIMINALLY NEGLIGENT.
   10    2. THE PRESUMPTION ESTABLISHED BY THIS SECTION SHALL  BE  REBUTTED  BY
   11  CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS TO SHOW THAT SUCH EMPLOYER OR
   12  CONTRACTOR  IS  NOT  CRIMINALLY  NEGLIGENT.  IN AN ACTION TRIED BEFORE A
   13  JURY, THE JURY SHALL BE SO INSTRUCTED. ANY SWORN TESTIMONY OF A  DEFEND-
   14  ANT  OFFERED  TO  REBUT  THE PRESUMPTION AND ANY OTHER EVIDENCE WHICH IS
   15  OBTAINED AS A RESULT OF SUCH TESTIMONY, SHALL  BE  INADMISSIBLE  IN  ANY
   16  SUBSEQUENT  PROCEEDING  RELATING  TO SUCH CRIMINAL ACTION.  IN AN ACTION
   17  TRIED BEFORE A JURY, AT THE COMMENCEMENT OF THE TRIAL, OR AT SUCH  OTHER
   18  TIME  AS  THE  COURT  REASONABLY  DIRECTS,  THE PROSECUTOR SHALL PROVIDE
   19  NOTICE TO THE COURT AND TO THE DEFENDANT OF ITS INTENT TO  REQUEST  THAT
   20  THE COURT CHARGE SUCH PRESUMPTION.
   21    S 2. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01986-01-9