|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 26, 2015||referred to labor|
senate Bill S4083
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4083 (ACTIVE) - Details
S4083 (ACTIVE) - 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.
S4083 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4083 TITLE OF BILL: An act to amend the labor law, in relation to establishing a presumption relating to the daily employment of unskilled or untrained workers PURPOSE OR GENERAL IDEA OF BILL: Creates a rebuttable presumption in a criminal proceeding that an employer who hires an unskilled or untrained worker or laborer on a daily basis and such worker is required to perform tasks he or she is not skilled or trained to perform is criminally negligent. SUMMARY OF SPECIFIC PROVISIONS: A new section 202-m is added to the labor law. In a criminal proceeding against an employer who hires unskilled or untrained workers to perform tasks such worker or laborer is not skilled or trained to perform this bill creates a rebuttable presumption that the employer is guilty of criminal negligence. Section 202-1(2) Establishes that the presumption created in section 202-m may be rebutted by credible and reliable evidence to show employer was not negligent. This section also addresses jury instructions in these cases. Also establishes that the prosecution shall provide notice to
S4083 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4083 2015-2016 Regular Sessions I N S E N A T E February 26, 2015 ___________ 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-m to read as follows: S 202-M. 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. LBD09144-01-5
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