Bill Text: NY A02172 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A02172 Detail]

Download: New_York-2015-A02172-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2172
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of A. SCHIMEL, COOK -- 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 (Y) 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    S 2. Subdivision 1 of section 17 of the public officers law is amended
   20  by adding a new paragraph (y) to read as follows:
   21    (Y) 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
   25  DIRECT ORDER BY A POLICE OFFICER OR OTHER PUBLIC  OFFICIAL  THAT  IS  IN
   26  CHARGE OF SUCH TRAFFIC INCIDENT.
   27    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02387-01-5