Bill Text: NY A08645 | 2017-2018 | General Assembly | Amended


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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2018-08-15 - print number 8645a [A08645 Detail]

Download: New_York-2017-A08645-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8645--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    September 1, 2017
                                       ___________
        Introduced  by  M. of A. D'URSO, ORTIZ, ERRIGO -- read once and referred
          to the Committee on Governmental  Operations  --  recommitted  to  the
          Committee  on Governmental Operations in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
        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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05969-05-8

        A. 8645--A                          2
     1  rary traffic controls at the scene of an  accident,  hazardous  material
     2  spill  or  other  unplanned traffic incident, while acting pursuant to a
     3  direct order by a police officer or other public  official  that  is  in
     4  charge  of  such traffic incident. Provided, however, the classification
     5  of such independent contractor and its  employees  as  "employee"  shall
     6  apply  only with regard to entitlement to receive defense and indemnifi-
     7  cation from the state pursuant to this section; it shall have no  effect
     8  on  the liability of such independent contractor or its employees or the
     9  applicability of the civil practice law and rules, the general municipal
    10  law, the general obligations law or other laws or common law to  actions
    11  or  claims of any kind with regard to such independent contractor or its
    12  employees; neither shall it grant to any party not already  so  entitled
    13  the  right to a notice of claim, not to a notice of an intention to make
    14  a claim, nor to venue in the court of claim.
    15    § 3. Subdivision 5 of section 17 of the public officers law, as  added
    16  by chapter 466 of the laws of 1978, is amended to read as follows:
    17    5.  The  benefits  of  this  section  shall inure only to employees as
    18  defined herein and shall not enlarge or diminish the rights of any other
    19  party nor shall any provision of this section be  construed  to  affect,
    20  alter  or  repeal  any  provision  of the workers' compensation law; and
    21  nothing herein shall confer upon any indemnitee any additional  benefits
    22  or advantages with regard to any other party in litigation other than as
    23  specifically set forth herein.
    24    § 4. This act shall take effect immediately.
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