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Senate Bill S6813A

2017-2018 Legislative Session

Defines freight transportation broker

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Bill Amendments

2017-S6813 - Details

See Assembly Version of this Bill:
A8542
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Amd §862-a, Lab L

2017-S6813 - 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-S6813 - Sponsor Memo

2017-S6813 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6813
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 20, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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-S6813A (ACTIVE) - Details

See Assembly Version of this Bill:
A8542
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Amd §862-a, Lab L

2017-S6813A (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-S6813A (ACTIVE) - Sponsor Memo

2017-S6813A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6813--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 20, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed  to  be  committed to the Committee on Rules -- recommitted to
   the Committee on Labor in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, 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.
                                                            LBD11813-08-8

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