Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 23, 2015 |
tabled |
Dec 22, 2015 |
vetoed memo.306 |
Dec 16, 2015 |
delivered to governor |
Jun 24, 2015 |
returned to assembly passed senate substituted for s4402a |
Jun 24, 2015 |
substituted by a3390a |
Jun 17, 2015 |
amended on third reading (t) 4402a |
Jun 17, 2015 |
vote reconsidered - restored to third reading returned to senate recalled from assembly |
Jun 01, 2015 |
referred to labor delivered to assembly passed senate |
May 20, 2015 |
advanced to third reading |
May 19, 2015 |
2nd report cal. |
May 18, 2015 |
1st report cal.682 |
Mar 18, 2015 |
referred to labor |
Senate Bill S4402A
Vetoed By Governor2015-2016 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status Via A3390 - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C) 60th Senate District
2015-S4402 - Details
2015-S4402 - Sponsor Memo
BILL NUMBER:S4402 TITLE OF BILL: An act to amend the workers' compensation law, relating to the definition of employee PURPOSE: This bill would amend Section 2(4) of the Workers' Compensation Law, to clarify that a musician or other performing artist who is exempt from the requirement to have workers' compensation insurance because he or she is an executive officer of a corporation who is deemed excluded from coverage under section 54(6)(c) or section 54(6)(e) of this chapter is not an "employee" of the television or radio station, production company, or venue of the performance. SUMMARY OF PROVISIONS: Amends WCL § 2(4) to clarify that performing artists who are employed as corporate executives of their own corporations, and whose corporations enter into contracts with theaters or other venues to provide their services, and who would not be found to be employees of the theater or other venue under traditional common law principles that are utilized to determine employment status in workers compensation proceedings, are subject to the same exemption from the requirement to be covered by workers compensation insurance as any other corporate executive who is the sole owner of the corporation, or one of only two such owners. EXISTING LAW: In 1986, section 2(4) of the WCL was amended to define
2015-S4402 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4402 2015-2016 Regular Sessions I N S E N A T E March 18, 2015 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, relating to the defi- nition of employee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The fourth undesignated paragraph of subdivision 4 of section 2 of the workers' compensation law, as added by chapter 903 of the laws of 1986, is amended to read as follows: "Employee" shall also mean, for purposes of this chapter ONLY, AND NOT FOR THE PURPOSES OF ANY OTHER PROVISION OR STATUTE DEPENDENT UPON THE DEFINITION OF EMPLOYEE, a professional musician or a person otherwise engaged in the performing arts who performs services as such for a tele- vision or radio station or network, a film production, a theatre, hotel, restaurant, night club or similar establishment unless, by written contract, such musician or person is stipulated to be an employee of another employer covered by this chapter, OR EXEMPT FROM THE REQUIREMENT OF COVERAGE BECAUSE THE MUSICIAN OR PERSON IS AN EXECUTIVE OFFICER OF A CORPORATION WHO IS DEEMED EXCLUDED FROM COVERAGE UNDER PARAGRAPHS (C) AND E OF SUBDIVISION SIX OF SECTION FIFTY-FOUR OF THIS CHAPTER. "Engaged in the performing arts" shall mean performing service in connection with the production of or performance in any artistic endeav- or which requires artistic or technical skill or expertise. S 2. This act shall take effect immediately and shall apply to all cases, matters or proceedings pending on such date, or which have not been finally adjudicated on such date or commenced on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03796-01-5
co-Sponsors
(R, C) 60th Senate District
2015-S4402A (ACTIVE) - Details
2015-S4402A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4402A TITLE OF BILL: An act to amend the workers' compensation law, relating to the definition of employee; and providing for the repeal of such provisions PURPOSE OR GENERAL IDEA OF BILL: This bill would amend Section 2(4) of the Workers' Compensation Law, to clarify that a musician or other performing artist who is exempt from the requirement to have workers' compensation insurance because he or she is an executive officer of a corporation who is deemed excluded from coverage under section 54(6)(c) or section 54(6)(e) of this chapter is not an "employee" of the television or radio station, production company, or venue of the performance. SUMMARY OF SPECIFIC PROVISIONS: Amends Workers' Compensation Law section 2(4) to clarify that performing artists who are employed as corporate executives of their own corporations, and whose corporations enter into contracts with theaters or other venues to provide their. services, and who would not be found to be employees of the theater or other venue under traditional common law principles that are utilized to determine employment status in workers compensation proceedings, are subject to the same exemption from the requirement to be covered by workers
2015-S4402A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4402--A Cal. No. 682 2015-2016 Regular Sessions I N S E N A T E March 18, 2015 ___________ Introduced by Sens. MARTINS, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the workers' compensation law, relating to the defi- nition of employee; and providing for the repeal of such provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The fourth undesignated paragraph of subdivision 4 of section 2 of the workers' compensation law, as added by chapter 903 of the laws of 1986, is amended to read as follows: "Employee" shall also mean, for purposes of this chapter ONLY, AND NOT FOR THE PURPOSES OF ANY OTHER PROVISION OR STATUTE DEPENDENT UPON THE DEFINITION OF EMPLOYEE, a professional musician or a person otherwise engaged in the performing arts who performs services as such for a tele- vision or radio station or network, a film production, a theatre, hotel, restaurant, night club or similar establishment unless, by written contract, such musician or person is stipulated to be an employee of another employer covered by this chapter, OR EXEMPT FROM THE REQUIREMENT OF COVERAGE BECAUSE THE MUSICIAN OR PERSON DESCRIBED IN THIS PARAGRAPH IS AN EXECUTIVE OFFICER OF A CORPORATION WHO IS DEEMED EXCLUDED FROM COVERAGE UNDER PARAGRAPHS (C) AND E OF SUBDIVISION SIX OF SECTION FIFTY-FOUR OF THIS CHAPTER, AND WHO, AFTER SUSTAINING AN OTHERWISE COVERED INJURY, ELECTS TO WAIVE COVERAGE UNDER THIS CHAPTER PROVIDED BY AN ESTABLISHMENT DESCRIBED IN THIS PARAGRAPH OR ITS COMPENSATION CARRI- ER. PROVIDED, WHERE A MUSICIAN OR PERSON DESCRIBED IN THIS PARAGRAPH IS COVERED BY A COLLECTIVE BARGAINING AGREEMENT, THE UNION MUST CONSENT TO SUCH ELECTION . "Engaged in the performing arts" shall mean performing EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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