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Assembly Bill A8542B

2017-2018 Legislative Session

Defines freight transportation broker

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A8542 - Details

See Senate Version of this Bill:
S6813
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §862-a, Lab L

2017-A8542 - Summary

Defines freight transportation broker as any sole proprietor, partnership, firm, corporation, limited liability company, association or other legal entity that brokers the transportation of goods for outside third-party employers.

2017-A8542 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8542
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 21, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   an exemption from coverage for certain interstate employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The workers' compensation law is amended by  adding  a  new
 section 126 to read as follows:
   § 126. EXEMPTION FROM COVERAGE. 1. A FREIGHT TRANSPORTATION BROKER MAY
 FILE  AN  APPLICATION  WITH  THE  DEPARTMENT  TO  BE  EXEMPTED  FROM THE
 PROVISIONS OF THIS CHAPTER TO THE EXTENT THE  BROKER'S  CONTRACTORS  ARE
 INTERSTATE  EMPLOYEES  WORKING  IN THE SALE AND EXCHANGE OF COMMODITIES,
 AND TRANSPORTATION OF PEOPLE, MONEY OR GOODS  BETWEEN  THE  STATES,  AND
 SUCH  INTERSTATE  EMPLOYEES ARE ALREADY PROVIDED ALL BENEFITS UNDER THIS
 CHAPTER BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER.
   2. THE APPLICATION SHALL INCLUDE DOCUMENTATION FROM THE BROKER AND THE
 CARRIER PROVING THAT  THE  INTERSTATE  CARRIER  MAINTAINS  ALL  BENEFITS
 PROVIDED  TO AN EMPLOYEE UNDER THIS CHAPTER AS WELL AS AN ACCORD CERTIF-
 ICATION BY SUCH EMPLOYEE THAT HE OR SHE IS  AN  INTERSTATE  EMPLOYEE  AS
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHO IS ALREADY PROVIDED ALL
 BENEFITS UNDER THIS CHAPTER BY AN OUTSIDE THIRD PARTY EMPLOYER.
   3. SUCH APPLICATION SHALL BE GRANTED IF THE DEPARTMENT SHALL FIND THAT
 SUCH  EMPLOYEES ARE INTERSTATE EMPLOYEES AS DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION WHO ARE ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER
 BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER.
   4. ALL CONTRACTS BETWEEN FREIGHT TRANSPORTATION BROKERS  AND  CARRIERS
 SHALL CONTAIN A SECTION CLEARLY STATING THAT THE CARRIER AGREES TO CARRY
 AND  MAINTAIN  WORKERS' COMPENSATION INSURANCE ON ALL CARRIERS, DRIVERS,
 AND EMPLOYEES, IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  CHAPTER  AND
 SUCH CARRIER SHALL FORWARD TO THE APPROPRIATE BROKERS A STANDARD CERTIF-
 ICATE  OF INSURANCE SHOWING WORKERS' COMPENSATION COVERAGE IN ANY STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A8542A - Details

See Senate Version of this Bill:
S6813
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §862-a, Lab L

2017-A8542A - Summary

Defines freight transportation broker as any sole proprietor, partnership, firm, corporation, limited liability company, association or other legal entity that brokers the transportation of goods for outside third-party employers.

2017-A8542A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8542--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 21, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Labor -- recommitted to the Committee on  Labor  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   an  exemption  from  coverage for certain interstate employees; and to
   amend the labor law, in relation to the definition of a freight trans-
   portation broker
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 126 to read as follows:
   § 126. EXEMPTION FROM COVERAGE. 1. A FREIGHT TRANSPORTATION BROKER MAY
 FILE AN  APPLICATION  WITH  THE  DEPARTMENT  TO  BE  EXEMPTED  FROM  THE
 PROVISIONS  OF  THIS  CHAPTER TO THE EXTENT THE BROKER'S CONTRACTORS ARE
 INTERSTATE EMPLOYEES WORKING IN THE SALE AND  EXCHANGE  OF  COMMODITIES,
 AND  TRANSPORTATION  OF  PEOPLE,  MONEY OR GOODS BETWEEN THE STATES, AND
 SUCH INTERSTATE EMPLOYEES ARE ALREADY PROVIDED ALL BENEFITS  UNDER  THIS
 CHAPTER BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER.
   2. THE APPLICATION SHALL INCLUDE DOCUMENTATION FROM THE BROKER AND THE
 CARRIER  PROVING  THAT  THE  INTERSTATE  CARRIER  MAINTAINS ALL BENEFITS
 PROVIDED TO AN EMPLOYEE UNDER THIS CHAPTER AS WELL AS AN ACCORD  CERTIF-
 ICATION  BY  SUCH  EMPLOYEE  THAT HE OR SHE IS AN INTERSTATE EMPLOYEE AS
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHO IS ALREADY PROVIDED ALL
 BENEFITS UNDER THIS CHAPTER BY AN OUTSIDE THIRD PARTY EMPLOYER.
   3. SUCH APPLICATION SHALL BE GRANTED IF THE DEPARTMENT SHALL FIND THAT
 SUCH EMPLOYEES ARE INTERSTATE EMPLOYEES AS DESCRIBED IN SUBDIVISION  ONE
 OF THIS SECTION WHO ARE ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER
 BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER.
   4.  ALL  CONTRACTS BETWEEN FREIGHT TRANSPORTATION BROKERS AND CARRIERS
 SHALL CONTAIN A SECTION CLEARLY STATING THAT THE CARRIER AGREES TO CARRY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A8542B (ACTIVE) - Details

See Senate Version of this Bill:
S6813
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §862-a, Lab L

2017-A8542B (ACTIVE) - Summary

Defines freight transportation broker as any sole proprietor, partnership, firm, corporation, limited liability company, association or other legal entity that brokers the transportation of goods for outside third-party employers.

2017-A8542B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8542--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 21, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Labor -- recommitted to the Committee on  Labor  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the labor law,  in  relation  to  the  definition  of  a
   freight transportation broker
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 6 of section  862-a  of  the  labor  law,  as
 amended  by chapter 7 of the laws of 2014, is amended and a new subdivi-
 sion 7 is added to read as follows:
   6. "Employer" means any  commercial  goods  transportation  contractor
 which compensates a person classified as an employee under section eight
 hundred  sixty-two-b  of  this  article. SUCH TERM SHALL NOT INCLUDE ANY
 FREIGHT TRANSPORTATION BROKER AS DEFINED IN SUBDIVISION  SEVEN  OF  THIS
 SECTION.
   7. "FREIGHT TRANSPORTATION BROKER" MEANS ANY SOLE PROPRIETOR, PARTNER-
 SHIP, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION OR OTHER
 LEGAL ENTITY THAT BROKERS THE TRANSPORTATION OF GOODS FOR OUTSIDE THIRD-
 PARTY EMPLOYERS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11813-06-8

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