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Senate Bill S5445

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2013-S5445 (ACTIVE) - Details

See Assembly Version of this Bill:
A1865
Current Committee:
Senate Finance
Law Section:
Public Officers Law
Laws Affected:
Amd §17, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7147
2015-2016: S420, A2172
2017-2018: S1176

2013-S5445 (ACTIVE) - Summary

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

2013-S5445 (ACTIVE) - Sponsor Memo

2013-S5445 (ACTIVE) - Bill Text download pdf 

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

                                  5445

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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 certain independent contractors

  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 (Y) 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 (y) to read as follows:
  (Y) FOR THE PURPOSES  OF  THIS  SECTION,  THE  TERM  "EMPLOYEE"  SHALL
INCLUDE  AN  INDEPENDENT CONTRACTOR AND ITS EMPLOYEES WHO INSTALL TEMPO-
RARY TRAFFIC CONTROLS AT THE SCENE OF AN  ACCIDENT,  HAZARDOUS  MATERIAL
SPILL  OR  OTHER  UNPLANNED TRAFFIC INCIDENT, WHILE ACTING PURSUANT TO A
DIRECT ORDER BY A POLICE OFFICER OR OTHER PUBLIC  OFFICIAL  THAT  IS  IN
CHARGE OF SUCH TRAFFIC INCIDENT.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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