Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 01, 2018 |
print number 8542b |
May 01, 2018 |
amend (t) and recommit to labor |
Mar 19, 2018 |
print number 8542a |
Mar 19, 2018 |
amend (t) and recommit to labor |
Jan 03, 2018 |
referred to labor |
Jun 21, 2017 |
referred to labor |
Assembly Bill A8542B
2017-2018 Legislative Session
Sponsored By
WOERNER
Archive: Last Bill Status - In Assembly 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
Actions
Bill Amendments
2017-A8542 - Details
- See Senate Version of this Bill:
- S6813
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §862-a, Lab L
2017-A8542 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8542 2017-2018 Regular Sessions I N A S S E M B L Y June 21, 2017 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Labor AN ACT to amend the workers' compensation law, in relation to providing an exemption from coverage for certain interstate employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The workers' compensation law is amended by adding a new section 126 to read as follows: § 126. EXEMPTION FROM COVERAGE. 1. A FREIGHT TRANSPORTATION BROKER MAY FILE AN APPLICATION WITH THE DEPARTMENT TO BE EXEMPTED FROM THE PROVISIONS OF THIS CHAPTER TO THE EXTENT THE BROKER'S CONTRACTORS ARE INTERSTATE EMPLOYEES WORKING IN THE SALE AND EXCHANGE OF COMMODITIES, AND TRANSPORTATION OF PEOPLE, MONEY OR GOODS BETWEEN THE STATES, AND SUCH INTERSTATE EMPLOYEES ARE ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER. 2. THE APPLICATION SHALL INCLUDE DOCUMENTATION FROM THE BROKER AND THE CARRIER PROVING THAT THE INTERSTATE CARRIER MAINTAINS ALL BENEFITS PROVIDED TO AN EMPLOYEE UNDER THIS CHAPTER AS WELL AS AN ACCORD CERTIF- ICATION BY SUCH EMPLOYEE THAT HE OR SHE IS AN INTERSTATE EMPLOYEE AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHO IS ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER BY AN OUTSIDE THIRD PARTY EMPLOYER. 3. SUCH APPLICATION SHALL BE GRANTED IF THE DEPARTMENT SHALL FIND THAT SUCH EMPLOYEES ARE INTERSTATE EMPLOYEES AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHO ARE ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER. 4. ALL CONTRACTS BETWEEN FREIGHT TRANSPORTATION BROKERS AND CARRIERS SHALL CONTAIN A SECTION CLEARLY STATING THAT THE CARRIER AGREES TO CARRY AND MAINTAIN WORKERS' COMPENSATION INSURANCE ON ALL CARRIERS, DRIVERS, AND EMPLOYEES, IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND SUCH CARRIER SHALL FORWARD TO THE APPROPRIATE BROKERS A STANDARD CERTIF- ICATE OF INSURANCE SHOWING WORKERS' COMPENSATION COVERAGE IN ANY STATE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2017-A8542A - Details
- See Senate Version of this Bill:
- S6813
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §862-a, Lab L
2017-A8542A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8542--A 2017-2018 Regular Sessions I N A S S E M B L Y June 21, 2017 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Labor -- recommitted to the Committee on Labor 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 workers' compensation law, in relation to providing an exemption from coverage for certain interstate employees; and to amend the labor law, in relation to the definition of a freight trans- portation broker THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The workers' compensation law is amended by adding a new section 126 to read as follows: § 126. EXEMPTION FROM COVERAGE. 1. A FREIGHT TRANSPORTATION BROKER MAY FILE AN APPLICATION WITH THE DEPARTMENT TO BE EXEMPTED FROM THE PROVISIONS OF THIS CHAPTER TO THE EXTENT THE BROKER'S CONTRACTORS ARE INTERSTATE EMPLOYEES WORKING IN THE SALE AND EXCHANGE OF COMMODITIES, AND TRANSPORTATION OF PEOPLE, MONEY OR GOODS BETWEEN THE STATES, AND SUCH INTERSTATE EMPLOYEES ARE ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER. 2. THE APPLICATION SHALL INCLUDE DOCUMENTATION FROM THE BROKER AND THE CARRIER PROVING THAT THE INTERSTATE CARRIER MAINTAINS ALL BENEFITS PROVIDED TO AN EMPLOYEE UNDER THIS CHAPTER AS WELL AS AN ACCORD CERTIF- ICATION BY SUCH EMPLOYEE THAT HE OR SHE IS AN INTERSTATE EMPLOYEE AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHO IS ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER BY AN OUTSIDE THIRD PARTY EMPLOYER. 3. SUCH APPLICATION SHALL BE GRANTED IF THE DEPARTMENT SHALL FIND THAT SUCH EMPLOYEES ARE INTERSTATE EMPLOYEES AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHO ARE ALREADY PROVIDED ALL BENEFITS UNDER THIS CHAPTER BY AN INTERSTATE CARRIER OR AN OUTSIDE THIRD PARTY EMPLOYER. 4. ALL CONTRACTS BETWEEN FREIGHT TRANSPORTATION BROKERS AND CARRIERS SHALL CONTAIN A SECTION CLEARLY STATING THAT THE CARRIER AGREES TO CARRY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2017-A8542B (ACTIVE) - Details
- See Senate Version of this Bill:
- S6813
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §862-a, Lab L
2017-A8542B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8542--B 2017-2018 Regular Sessions I N A S S E M B L Y June 21, 2017 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to the definition of a freight transportation broker THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 862-a of the labor law, as amended by chapter 7 of the laws of 2014, is amended and a new subdivi- sion 7 is added to read as follows: 6. "Employer" means any commercial goods transportation contractor which compensates a person classified as an employee under section eight hundred sixty-two-b of this article. SUCH TERM SHALL NOT INCLUDE ANY FREIGHT TRANSPORTATION BROKER AS DEFINED IN SUBDIVISION SEVEN OF THIS SECTION. 7. "FREIGHT TRANSPORTATION BROKER" MEANS ANY SOLE PROPRIETOR, PARTNER- SHIP, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION OR OTHER LEGAL ENTITY THAT BROKERS THE TRANSPORTATION OF GOODS FOR OUTSIDE THIRD- PARTY EMPLOYERS. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11813-06-8
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.