Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 22, 2018 |
reported and committed to finance |
May 03, 2018 |
print number 6813a |
May 03, 2018 |
amend (t) and recommit to labor |
Jan 03, 2018 |
referred to labor |
Jun 20, 2017 |
referred to rules |
Senate Bill S6813A
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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 - Sponsor Memo
BILL NUMBER: S6813 TITLE OF BILL : An act to amend the workers' compensation law, in relation to providing an exemption from coverage for certain interstate employees SUMMARY OF PROVISIONS : Section 1 Amends section 126 of the workers' compensation law to exempt certain industries from coverage. Section 2 Requires third party employers to provide proof of insurance coverage for all third-party employees. Section 3 Requires the department to grant applications to be valid if the third-party application provides proof of insurance. Section 4 Requires the contract between the freight transportation broker and the third-party carrier to clearly state that the third-party carrier has proper insurance coverage. Requires the third-party carrier to provide the broker with a standard certificate of insurance. Section 5 If such application is granted by the department, the application will remain valid for all future years.
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) - Sponsor Memo
BILL NUMBER: S6813A SPONSOR: MARCHIONE TITLE OF BILL: An act to amend the labor law, in relation to the definition of a freight transportation broker SUMMARY OF PROVISIONS: Section 1: Excludes freight transportation brokers from the definition of "Employer" in subdivision 6 of section 862-a of the labor law and defines the term "freight transportation broker" Section 2: Establishes the effective date JUSTIFICATION: Freight Transportation Brokers are currently being charged premiums for workers' compensation coverage by the state agency for contractor's employees that are employees of third party carriers and not of brokers.
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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