S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8645--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced  by  M. of A. D'URSO, ORTIZ, ERRIGO -- read once and referred
   to the Committee on Governmental  Operations  --  recommitted  to  the
   Committee  on Governmental Operations 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 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 (AA) 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.
   § 2. Subdivision 1 of section 17 of the public officers law is amended
 by adding a new paragraph (aa) to read as follows:
   (AA) FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM  "EMPLOYEE"  SHALL
 INCLUDE  AN  INDEPENDENT CONTRACTOR AND ITS EMPLOYEES WHO INSTALL TEMPO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05969-05-8

 A. 8645--A                          2
 
 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. PROVIDED, HOWEVER, THE CLASSIFICATION
 OF SUCH INDEPENDENT CONTRACTOR AND ITS  EMPLOYEES  AS  "EMPLOYEE"  SHALL
 APPLY  ONLY WITH REGARD TO ENTITLEMENT TO RECEIVE DEFENSE AND INDEMNIFI-
 CATION FROM THE STATE PURSUANT TO THIS SECTION; IT SHALL HAVE NO  EFFECT
 ON  THE LIABILITY OF SUCH INDEPENDENT CONTRACTOR OR ITS EMPLOYEES OR THE
 APPLICABILITY OF THE CIVIL PRACTICE LAW AND RULES, THE GENERAL MUNICIPAL
 LAW, THE GENERAL OBLIGATIONS LAW OR OTHER LAWS OR COMMON LAW TO  ACTIONS
 OR  CLAIMS OF ANY KIND WITH REGARD TO SUCH INDEPENDENT CONTRACTOR OR ITS
 EMPLOYEES; NEITHER SHALL IT GRANT TO ANY PARTY NOT ALREADY  SO  ENTITLED
 THE  RIGHT TO A NOTICE OF CLAIM, NOT TO A NOTICE OF AN INTENTION TO MAKE
 A CLAIM, NOR TO VENUE IN THE COURT OF CLAIM.
   § 3. Subdivision 5 of section 17 of the public officers law, as  added
 by chapter 466 of the laws of 1978, is amended to read as follows:
   5.  The  benefits  of  this  section  shall inure only to employees as
 defined herein and shall not enlarge or diminish the rights of any other
 party nor shall any provision of this section be  construed  to  affect,
 alter  or  repeal  any  provision  of the workers' compensation law; AND
 NOTHING HEREIN SHALL CONFER UPON ANY INDEMNITEE ANY ADDITIONAL  BENEFITS
 OR ADVANTAGES WITH REGARD TO ANY OTHER PARTY IN LITIGATION OTHER THAN AS
 SPECIFICALLY SET FORTH HEREIN.
   § 4. This act shall take effect immediately.