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Sponsors
Senator · Senate District 5
No co-sponsors yet.
History
- Print number 4273a
- Amend and recommit to finance
- Referred to finance
- Referred to finance
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.
Defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification
In Assembly Committee · Governmental Operations · Sponsor Michelle Schimel
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4273A
Title of bill
An act to amend the public officers law, in relation to the defense and indemnification of state officers and employees
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
2011- Referred to Finance.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.