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

                                  2920

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Labor

AN  ACT to amend the workers' compensation law, in relation to the defi-
  nition of employee, employer and employment with respect  to  liveries
  and radio dispatchers

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

  Section 1. The opening paragraph of subdivision 3 of section 2 of  the
workers'  compensation  law,  as  amended  by chapter 392 of the laws of
2008, is amended to read as follows:
  "Employer," except when otherwise expressly stated,  means  a  person,
partnership,  association, corporation, and the legal representatives of
a deceased employer, or the receiver or trustee of  a  person,  partner-
ship,  association or corporation, having one or more persons in employ-
ment, including the state, a municipal  corporation,  fire  district  or
other political subdivision of the state, and every authority or commis-
sion heretofore or hereafter continued or created by the public authori-
ties  law.  For  the purposes of this chapter only "employer" shall also
mean a person, partnership,  association,  corporation,  and  the  legal
representatives  of a deceased employer, or the receiver or trustee of a
person, partnership, association or corporation who delivers  or  causes
to  be delivered newspapers or periodicals for delivering or selling and
delivering by a newspaper carrier under the age  of  eighteen  years  as
defined in section thirty-two hundred twenty-eight of the education law.
For  the  purpose  of  this  chapter  only, "employer" shall also mean a
person, partnership, association, or corporation who leases or otherwise
contracts with an operator or lessee for the purpose of driving, operat-
ing or leasing a taxicab OR LIVERY as so defined in section one  hundred
forty-eight-a  OR ONE HUNDRED TWENTY-ONE-E, RESPECTIVELY, of the vehicle
and traffic law, except where such person is an owner-operator  of  such
taxicab OR LIVERY OR A DIRECT LESSEE OF A LIVERY VEHICLE (ONE WHO LEASES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05735-01-9
              

A. 2920                             2

A  VEHICLE  FROM  A  LEASING OR RENTAL COMPANY) who personally regularly
operates such vehicle an average of forty or more  hours  per  week  and
leases  such  taxicab  OR LIVERY for some portion of the remaining time,
and  except  if the taxicab is a livery subject to section eighteen-c of
this chapter, in which case the livery driver's employer shall  only  be
such  employer  as  is  defined  in  that section, AND EXCEPT WHERE SUCH
PERSON IS A RADIO DISPATCHING BASE WHICH CONTRACTS WITH AN  OWNER-OPERA-
TOR  OR  A  DIRECT  LESSEE OF A LIVERY VEHICLE WHO PERSONALLY, REGULARLY
OPERATES SUCH A VEHICLE AN AVERAGE OF FORTY OR MORE HOURS PER  WEEK  AND
LEASES  SUCH  A LIVERY VEHICLE FOR A PORTION OF THE REMAINING TIME.  For
the purposes of this section  only,  such  an  owner-operator  OR  RADIO
DISPATCHING  BASE,  OTHER  THAN  ONES  EXEMPTED IN THIS SECTION shall be
deemed to be an employer if he controls, directs, supervises, or has the
power to hire or terminate such other person who leases the vehicle.
  S 2. The third undesignated paragraph of subdivision 4 of section 2 of
the workers' compensation law, as amended by chapter 392 of the laws  of
2008, is amended to read as follows:
  For  the  purpose  of  this chapter only, "employee" shall also mean a
driver, operator or lessee who contracts  with  an  owner,  operator  or
lessor for the purpose of operating a taxicab OR LIVERY as so defined in
section  one  hundred forty-eight-a OR ONE HUNDRED TWENTY-ONE-E, RESPEC-
TIVELY, of the vehicle and traffic law, OR A PERSON WHO CONTRACTS WITH A
RADIO DISPATCHING BASE FOR THE PURPOSE OF  RECEIVING  CUSTOMER-PASSENGER
CALLS,  EXCEPT  WHERE SUCH PERSON IS AN OWNER-OPERATOR OF A LIVERY VEHI-
CLE, OR A DIRECT LESSEE OF A LIVERY VEHICLE (ONE WHO  LEASES  A  VEHICLE
FROM  A  LEASING  OR  RENTAL COMPANY) WHO PERSONALLY, REGULARLY OPERATES
SUCH A VEHICLE AN AVERAGE OF FORTY OR MORE HOURS  PER  WEEK  AND  LEASES
SUCH LIVERY FOR SOME PORTION OF THE REMAINING TIME, OR except where such
person  leases the taxicab OR LIVERY from a person who personally, regu-
larly operates such vehicle an average of forty or more hours per  week,
and  except  if the taxicab is a livery subject to section eighteen-c of
this chapter, in which case the livery driver's employer shall  only  be
such  employer  as  is defined in that section. For the purposes of this
section only, such person shall be deemed to be an employee of the RADIO
DISPATCHING BASE OR owner-operator if  the  RADIO  DISPATCHING  BASE  OR
owner-operator  controls,  directs, supervises, or has the power to hire
or terminate such person AND SUCH RADIO DISPATCHING BASE AND OWNER-OPER-
ATOR ARE NOT EXEMPTED UNDER SUBDIVISION THREE OF THIS SECTION.
  S 3. The second undesignated paragraph of subdivision 5 of  section  2
of the workers' compensation law, as added by chapter 903 of the laws of
1986, is amended to read as follows:
  For  the purpose of this chapter only, "employment" shall also include
the service of a driver, operator or lessee of a taxicab OR LIVERY as so
defined  in  section  one   hundred   forty-eight-a   OR   ONE   HUNDRED
TWENTY-ONE-E, RESPECTIVELY, of the vehicle and traffic law, except where
a  person leases a taxicab OR LIVERY from an owner-operator of a taxicab
OR LIVERY who, regularly operates the vehicle an  average  of  forty  or
more  hours  per  week,  OR  EXCEPT  A PERSON WHO CONTRACTS WITH A RADIO
DISPATCHING BASE FOR THE PURPOSE OF RECEIVING  CUSTOMER-PASSENGER  CALLS
AND  THAT  PERSON PERSONALLY, REGULARLY OPERATES SUCH VEHICLE AN AVERAGE
OF FORTY OR MORE HOURS PER WEEK.  Such a lessee shall be deemed to be in
employment if the lessor controls, directs, supervises, or has the power
to hire or terminate the lessee, UNLESS SUCH A LESSOR IS EXEMPTED  UNDER
SUBDIVISION THREE OR SUBDIVISION FOUR OF THIS SECTION.
  S 4. This act shall take effect immediately.