Senate Bill S4402A

Vetoed By Governor
2015-2016 Legislative Session

Relates to the definition of employee

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

2015-S4402 - Details

See Assembly Version of this Bill:
A3390
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §2, Work Comp L
Versions Introduced in 2013-2014 Legislative Session:
S7823, A10132

2015-S4402 - Summary

Amends the definition of employee in reference to professional musicians and those engaged in the performing arts.

2015-S4402 - Sponsor Memo

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

2015-S4402A (ACTIVE) - Details

See Assembly Version of this Bill:
A3390
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §2, Work Comp L
Versions Introduced in 2013-2014 Legislative Session:
S7823, A10132

2015-S4402A (ACTIVE) - Summary

Amends the definition of employee in reference to professional musicians and those engaged in the performing arts.

2015-S4402A (ACTIVE) - Sponsor Memo

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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