NY State Senate Bill 2017-S1176A

Senate Bill S1176A

2017-2018 Legislative Session

Defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2018	print number 1176a
Apr 30, 2018	amend and recommit to finance
Jan 03, 2018	referred to finance
Feb 21, 2017	committee discharged and committed to finance
Jan 06, 2017	referred to health

Bill Amendments

Original

A (Active)

2017-S1176 - Details

See Assembly Version of this Bill:: A8645
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §17, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5445
2015-2016: S420
2019-2020: A152

2017-S1176 - Summary

Defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification.

2017-S1176 - Sponsor Memo

2017-S1176 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1176
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 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 (Z) 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 (z) to read as follows:
   (Z) 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
 DIRECT ORDER BY A POLICE OFFICER OR OTHER PUBLIC  OFFICIAL  THAT  IS  IN
 CHARGE OF SUCH TRAFFIC INCIDENT.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05969-01-7

2017-S1176A (ACTIVE) - Details

See Assembly Version of this Bill:: A8645
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §17, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5445
2015-2016: S420
2019-2020: A152

2017-S1176A (ACTIVE) - Summary

Defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification.

2017-S1176A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1176A

SPONSOR: MARCELLINO
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to the defense and indemnification of certain independent contractors

 
PURPOSE:

This legislation would require the state to defend and indemnify inde-
pendent contractors and their employees when they install temporary
traffic controls at accident scenes and other unplanned incidents.

 
SUMMARY OF PROVISIONS:

Amends § 17 of the Public Officers law to require the state to defend
and indemnify "an independent contractor and its employees who install
temporary traffic controls while acting pursuant to a direct order by a
police officer or other public official that is in charge of the inci-
dent, in response to an accident, hazardous material spill or other
unplanned incident."

 
JUSTIFICATION:

The securing of an accident scene has always been a function of state
government. However, this duty is now being delegated to towers who
respond to accident scenes. For example, the towing contract on 1-84 now
requires towers to respond to an accident scene with a fully stocked TIM
(traffic Incident Management) truck that contains, among other things,
60 reflector cones.

The securing of an accident scene is one of the most litigation prone
facets of a TIM scene because there are exacting standards that must be
applied in doing so. If the State is going to pass this duty off to the
private sector, it is imperative that it provide the independent
contractors who perform this duty with the same protections afforded to
state employees under Section 17 of the Public Officers Law.

 
LEGISLATIVE HISTORY:

Similar to S.420 of 2015/16.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S1176A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1176--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health -- recommitted
   to the Committee on Finance 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 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.

                                                            LBD05969-04-8

 S. 1176--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.

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