NY State Senate Bill 2009-S7617

Senate Bill S7617

2009-2010 Legislative Session

Provides that employees of the canal corporation are employees of the canal corporation, the state of New York and the thruway authority for purposes of the workers' compensation law

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2010	referred to corporations, authorities and commissions
Jun 08, 2010	delivered to assembly passed senate
May 27, 2010	advanced to third reading
May 26, 2010	2nd report cal.
May 25, 2010	1st report cal.652
Apr 26, 2010	referred to transportation

Votes

- Jun 8, 2010 - Floor Vote
  S7617
  
  58
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2010
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (2)
      
      Duane
      
      Griffo
      
      excused (2)
      
      Johnson
      
      Morahan
  May 25, 2010 - Transportation Committee Vote
  S7617
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 25, 2010
      
      aye (18)
      
      Addabbo Jr.
      
      Aubertine
      
      Diaz
      
      Dilan
      
      Fuschillo
      
      Johnson
      
      Lanza
      
      Larkin
      
      Libous
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Volker
      
      Young
      
      aye wr (1)
      
      Foley

co-Sponsors

2009-S7617 (ACTIVE) - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §382, Pub Auth L

2009-S7617 (ACTIVE) - Summary

Provides that employees of the canal corporation are employees of the canal corporation, the state of New York and the Thruway Authority for purposes of the workers' compensation law.

2009-S7617 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7617

 TITLE OF BILL :

An act to amend the public authorities law, in relation to the
workers' compensation law application to employee status


 PURPOSE OF THE BILL :

This bill would limit Canal Corporation employees to receiving
workers' compensation benefits for an injury that occurs within the
scope of employment and would close a loophole in current law which
allows a Canal employee to sue the State of New York and the New York
State Thruway Authority (NYSTA) for recovery for the same injury.

 SUMMARY OF PROVISIONS :

This bill would amend Public Authorities Law (PAL) §382(5) to provide
that employees of the Canal Corporation shall be deemed to be
employees of the Canal Corporation, the State and the NYSTA for the
purposes of applying the Workers' Compensation Law.

 EXISTING LAW :

PAL §382 created the Canal Corporation as a public benefit corporation

that is a subsidiary of the NYSTA. PAL §382(5) provides that employees
of the Canal Corporation generally shall not be deemed to be employees
of the NYSTA. Canal Law .6(1) provides the Canal System shall remain
the property of the State as required by the State Constitution
§XV(1).

 LEGISLATIVE HISTORY

Similar bills have been introduced in prior years. See S.
4056,2005/2006 (referred to Transportation); S.4892, 2003/2004
(committed to Rules); S.5201/A.9027, 2001/2002 (passed Senate in 2001,
remained in Senate Transportation Committee in 2002 and remained in
Assembly Corporations Committee both years).

 STATEMENT IN SUPPORT :

Recently, a Canal Corporation employee was injured within the scope of
employment, and while collecting workers' compensation benefits from
the Canal Corporation, she also sued the State and the NYSTA. Even
though the Canal Corporation is a subsidiary of the NYSTA and its
annual maintenance and operations needs of approximately $80 million
are funded by the NYSTA, in July 2009 the Appellate Division found the
NYSTA liable for damages to the Canal Corporation employee and cited
PAL §382(5) as a basis for its decision. Buckmann v. State of New
York, 64 A.D.3d 1137 (4th Dept. 2009). This outcome permits Canal
Corporation employees to "double dip" and receive both Workers'
Compensation benefits and tort recovery against essentially the same
public entity. This bill would rectify this and put Canal employees in
the same position as State agency and other authority employees with
respect to Workers' Compensation coverage.

 BUDGET IMPLICATIONS :

This bill would save the State money by eliminating "double dipping."

 EFFECTIVE DATE :
This bill would take effect immediately.

2009-S7617 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7617

                            I N  S E N A T E

                             April 26, 2010
                               ___________

Introduced  by  Sen.  DILAN  -- (at request of the Thruway Authority) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Transportation

AN  ACT to amend the public authorities law, in relation to the workers'
  compensation law application to employee status

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 382 of the public authorities law,
as  amended  by  chapter  138 of the laws of 1997, is amended to read as
follows:
  5. The employees of the canal corporation, except those who  are  also
employees  of the authority, generally shall not be deemed to be employ-
ees of the authority by reason of their employment by the  canal  corpo-
ration.  However,  officers,  agents,  and employees of the canal corpo-
ration and officers, agents, and employees of the authority may transfer
between the canal corporation and  the  authority,  or  vice  versa,  as
provided  for  in  section  three  hundred fifty-five of this title, and
employees of the canal corporation may be placed on promotion lists  for
authority  jobs and vice versa, provided, however, that the canal corpo-
ration and the authority are separate promotion units for  the  purposes
of  subdivision five of section fifty-two of the civil service law. Such
departmental and interdepartmental promotion eligible lists shall not be
certified until after  the  promotion  unit  eligible  lists  have  been
exhausted.  All officers, agents, and employees of the canal corporation
shall  be subject to the provisions of the civil service law which shall
apply to the canal corporation as a municipal corporation other  than  a
city.  The canal corporation shall participate in the New York state and
local employees' retirement system. NOTWITHSTANDING ANY OTHER  PROVISION
OF LAW, EMPLOYEES OF THE CANAL CORPORATION SHALL BE DEEMED TO BE EMPLOY-
EES  OF  THE  CANAL CORPORATION, THE STATE OF NEW YORK AND THE AUTHORITY
FOR PURPOSES OF APPLICATION OF THE WORKERS' COMPENSATION LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15693-01-0

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Senate Bill S7617

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Sponsored By

Martin Malavé Dilan