senate Bill S4083

2015-2016 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 Labor Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2015 referred to labor

S4083 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add ยง202-m, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: S190
2011-2012: S1690
2013-2014: S700

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

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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