senate Bill S700

2013-2014 Legislative Session

Establishes a rebuttable presumption relating to daily employment of unskilled or untrained workers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jan 09, 2013 referred to labor

S700 - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add ยง202-l, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1690
2009-2010: S190

S700 - Summary

Provides a rebuttable presumption of criminal negligence when an employer or contractor hires a worker or laborer on a daily basis for a building construction project or construction job and requires such worker or laborer to perform tasks which such worker is not skilled or trained to perform.

S700 - Sponsor Memo

S700 - Bill Text download pdf

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

                                   700

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to establishing a presumption
  relating to the daily employment of unskilled or untrained workers

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

  Section  1.  The labor law is amended by adding a new section 202-l to
read as follows:
  S 202-L. UNSKILLED OR UNTRAINED WORKERS; REBUTTABLE PRESUMPTION. 1. IN
A CRIMINAL PROCEEDING COMMENCED AGAINST AN EMPLOYER OR CONTRACTOR, THERE
SHALL BE A REBUTTABLE PRESUMPTION THAT ANY EMPLOYER  OR  CONTRACTOR  WHO
HIRES  A  WORKER OR LABORER ON A DAILY BASIS FOR A BUILDING CONSTRUCTION
PROJECT OR CONSTRUCTION JOB AND  REQUIRES  SUCH  WORKER  OR  LABORER  TO
PERFORM  TASKS WHICH SUCH WORKER IS NOT SKILLED OR TRAINED TO PERFORM IS
CRIMINALLY NEGLIGENT.
  2. THE PRESUMPTION ESTABLISHED BY THIS SECTION SHALL  BE  REBUTTED  BY
CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS TO SHOW THAT SUCH EMPLOYER OR
CONTRACTOR  IS  NOT  CRIMINALLY  NEGLIGENT.  IN AN ACTION TRIED BEFORE A
JURY, THE JURY SHALL BE SO INSTRUCTED. ANY SWORN TESTIMONY OF A  DEFEND-
ANT  OFFERED  TO  REBUT  THE PRESUMPTION AND ANY OTHER EVIDENCE WHICH IS
OBTAINED AS A RESULT OF SUCH TESTIMONY, SHALL  BE  INADMISSIBLE  IN  ANY
SUBSEQUENT  PROCEEDING  RELATING  TO SUCH CRIMINAL ACTION.  IN AN ACTION
TRIED BEFORE A JURY, AT THE COMMENCEMENT OF THE TRIAL, OR AT SUCH  OTHER
TIME  AS  THE  COURT  REASONABLY  DIRECTS,  THE PROSECUTOR SHALL PROVIDE
NOTICE TO THE COURT AND TO THE DEFENDANT OF ITS INTENT TO  REQUEST  THAT
THE COURT CHARGE SUCH PRESUMPTION.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02130-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.