S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    152
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. D'URSO, ORTIZ -- read once and referred to the
   Committee on Governmental Operations
 
 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-
 RARY  TRAFFIC  CONTROLS  AT THE SCENE OF AN ACCIDENT, HAZARDOUS MATERIAL
 SPILL OR OTHER UNPLANNED TRAFFIC INCIDENT, WHILE ACTING  PURSUANT  TO  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00690-01-9

 A. 152                              2
 
 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.