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History
- Held for consideration in governmental employees
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to professional services providers
In Senate Committee · Civil Service And Pensions · Sponsor Craig M. Johnson
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A9916 REVISED 4/5/2010
Title of bill
An act to amend the retirement and social security law, in relation to professional services providers
Purpose or general idea of bill
To clarify the definition of a profes- sional services provider and to ensure that such individuals are not treated as employees when they are in fact independent contractors. As well as to make it illegal for a professional service provider who is not an employee to seek to be compensated as an employee of the employ- er.
Summary of specific provisions
Section 1. The retirement and social security law is amended by adding a new article 22.
Article 22
Professional Services Providers
Section 1200. Definitions.
Section 1201. Further clarifies that a professional services provider is and independent contractor not an employee; and that such a professional services provider may not seek to be considered, treated, or otherwise reported by the employer as an employee thereof for purposes of compen- sation, remuneration, health insurance, pension and all employment related benefits and emoluments associated therewith.
Section 1202. Enforcement and Penalties.
Section 1203. Reports regarding professional services providers must be submitted to the Comptroller and Attorney General of the State of New York on or before the 45th day after the state of such employer's fiscal year.
Section 1204. Non-exclusivity of rights and remedies.
Section 2. Effective date.
Justification
This legislation would properly define and separate employees and independent contractors hired by any government entity in New York State. The contracting out of professional services is some- times necessary. However, independent contractors should not be given the same benefits that are received by full-time or part-time employees of that government entity.
Healthcare and pension benefits are some of the biggest burdens shoul- dered by local governments, Making sure people who have not rightfully earned those benefits do not receive them, will help save any wasted tax dollars that would have been put towards such benefits. In summation, the enactment of this measure is vital in order to protect tax payers from the abuse of their hard-earned tax dollars.
Prior legislative history
New Bill.
Fiscal implications
See bill for fiscal note.
Effective date
This act shall take effect on thirtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.