STATE OF NEW YORK
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8645--A
2017-2018 Regular Sessions
IN ASSEMBLY
September 1, 2017
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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:
1 Section 1. Paragraph (a) of subdivision 1 of section 17 of the public
2 officers law, as amended by chapter 293 of the laws of 1992, is amended
3 to read as follows:
4 (a) As used in this section, unless the context otherwise requires the
5 term "employee" shall mean any person holding a position by election,
6 appointment or employment in the service of the state, including clin-
7 ical practice pursuant to subdivision fourteen of section two hundred
8 six of the public health law, whether or not compensated, or a volunteer
9 expressly authorized to participate in a state-sponsored volunteer
10 program, but shall not include an independent contractor, except as
11 provided in paragraph (aa) of this subdivision. The term employee shall
12 include a former employee, his estate or judicially appointed personal
13 representative and persons who assist the education department or the
14 department of health as consultants or expert witnesses in the investi-
15 gation or prosecution of alleged professional misconduct, licensure
16 matters, restoration proceedings, or criminal prosecutions for unauthor-
17 ized practice pursuant to title eight of the education law or title II-A
18 of the public health law.
19 § 2. Subdivision 1 of section 17 of the public officers law is amended
20 by adding a new paragraph (aa) to read as follows:
21 (aa) For the purposes of this section, the term "employee" shall
22 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
1 rary traffic controls at the scene of an accident, hazardous material
2 spill or other unplanned traffic incident, while acting pursuant to a
3 direct order by a police officer or other public official that is in
4 charge of such traffic incident. Provided, however, the classification
5 of such independent contractor and its employees as "employee" shall
6 apply only with regard to entitlement to receive defense and indemnifi-
7 cation from the state pursuant to this section; it shall have no effect
8 on the liability of such independent contractor or its employees or the
9 applicability of the civil practice law and rules, the general municipal
10 law, the general obligations law or other laws or common law to actions
11 or claims of any kind with regard to such independent contractor or its
12 employees; neither shall it grant to any party not already so entitled
13 the right to a notice of claim, not to a notice of an intention to make
14 a claim, nor to venue in the court of claim.
15 § 3. Subdivision 5 of section 17 of the public officers law, as added
16 by chapter 466 of the laws of 1978, is amended to read as follows:
17 5. The benefits of this section shall inure only to employees as
18 defined herein and shall not enlarge or diminish the rights of any other
19 party nor shall any provision of this section be construed to affect,
20 alter or repeal any provision of the workers' compensation law; and
21 nothing herein shall confer upon any indemnitee any additional benefits
22 or advantages with regard to any other party in litigation other than as
23 specifically set forth herein.
24 § 4. This act shall take effect immediately.
