| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 23, 2012 |
print number 4273a |
| Feb 23, 2012 |
amend and recommit to finance |
| Jan 04, 2012 |
referred to finance |
| Mar 25, 2011 |
referred to finance |
Senate Bill S4273A
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
Actions
Bill Amendments
2011-S4273 - Details
- See Assembly Version of this Bill:
- A7147
- Current Committee:
- Senate Finance
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §17, Pub Off L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A1865
2015-2016: A2172
2011-S4273 - Sponsor Memo
BILL NUMBER:S4273
TITLE OF BILL:
An act to amend the public officers law, in relation to the defense and
indemnification of state officers and employees
PURPOSE:
This legislation would require the state to defend and indemnify inde-
pendent contractors and their employees when they install temporary
traffic controls at accident scenes and other unplanned incidents.
SUMMARY OF PROVISIONS:
Amends § 17 of the Public Officers law to require the state to defend
and indemnify "an independent contractor and its employees who install
temporary traffic controls as authorized by a public authority or the
official having jurisdiction of a roadway, in response to an accident,
hazardous material spill or other unplanned incident."
JUSTIFICATION:
The securing of an accident scene has always been a function of state
government. However, this duty is now being delegated to towers who
respond to accident scenes. For example, the towing contract on 1-84 now
requires towers to respond to an accident scene with a fully stocked TIM
(traffic Incident Management) truck that contains, among other things,
60 reflector cones.
2011-S4273 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4273
2011-2012 Regular Sessions
I N S E N A T E
March 25, 2011
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
AN ACT to amend the public officers law, in relation to the defense and
indemnification of state officers and employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 17 of the public
officers law, as amended by chapter 293 of the laws of 1992, is amended
to read as follows:
(a) As used in this section, unless the context otherwise requires the
term "employee" shall mean any person holding a position by election,
appointment or employment in the service of the state, including clin-
ical practice pursuant to subdivision fourteen of section two hundred
six of the public health law, whether or not compensated, or a volunteer
expressly authorized to participate in a state-sponsored volunteer
program, but shall not include an independent contractor, EXCEPT AS
PROVIDED IN PARAGRAPH (X) OF THIS SUBDIVISION. The term employee shall
ALSO include a former employee, his estate or judicially appointed
personal representative and persons who assist the education department
or the department of health as consultants or expert witnesses in the
investigation or prosecution of alleged professional misconduct, licen-
sure matters, restoration proceedings, or criminal prosecutions for
unauthorized practice pursuant to title eight of the education law or
title II-A of the public health law.
S 2. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (x) to read as follows:
(X) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL
INCLUDE AN INDEPENDENT CONTRACTOR AND ITS EMPLOYEES WHO INSTALL TEMPO-
RARY TRAFFIC CONTROLS, AS AUTHORIZED BY A PUBLIC AUTHORITY OR THE OFFI-
CIAL HAVING JURISDICTION OF A ROADWAY, IN RESPONSE TO AN ACCIDENT,
HAZARDOUS MATERIALS SPILL OR OTHER UNPLANNED INCIDENT.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
2011-S4273A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7147
- Current Committee:
- Senate Finance
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §17, Pub Off L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A1865
2015-2016: A2172
2011-S4273A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4273A
TITLE OF BILL:
An act to amend the public officers law, in relation to the defense and
indemnification of state officers and employees
PURPOSE:
This legislation would require the state to defend and indemnify inde-
pendent contractors and their employees when they install temporary
traffic controls at accident scenes and other unplanned incidents.
SUMMARY OF PROVISIONS:
Amends §17 of the Public Officers law to require the state to defend and
indemnify "an independent contractor and its employees who install
temporary traffic controls while acting pursuant to a direct order by a
police officer or other public official that is in charge of the inci-
dent, in response to an accident, hazardous material spill or other
unplanned incident."
JUSTIFICATION:
The securing of an accident scene has always been a function of state
government. However, this duty is now being delegated to towers who
respond to accident scenes. For example, the towing contract on 1-84 now
requires towers to respond to an accident scene with a fully stocked TIM
(traffic Incident Management) truck that contains, among other things,
60 reflector cones.
2011-S4273A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4273--A
2011-2012 Regular Sessions
I N S E N A T E
March 25, 2011
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- recommit-
ted to the Committee on Finance in accordance with Senate Rule 6, sec.
8 -- 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 state officers and employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 section 17 of the public
officers law, as amended by chapter 293 of the laws of 1992, is amended
to read as follows:
(a) As used in this section, unless the context otherwise requires the
term "employee" shall mean any person holding a position by election,
appointment or employment in the service of the state, including clin-
ical practice pursuant to subdivision fourteen of section two hundred
six of the public health law, whether or not compensated, or a volunteer
expressly authorized to participate in a state-sponsored volunteer
program, but shall not include an independent contractor, EXCEPT AS
PROVIDED IN PARAGRAPH (X) OF THIS SUBDIVISION. The term employee shall
include a former employee, his estate or judicially appointed personal
representative and persons who assist the education department or the
department of health as consultants or expert witnesses in the investi-
gation or prosecution of alleged professional misconduct, licensure
matters, restoration proceedings, or criminal prosecutions for unauthor-
ized practice pursuant to title eight of the education law or title II-A
of the public health law.
S 2. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (x) to read as follows:
(X) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL
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.
LBD09822-02-2
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