senate Bill S767

Authorizes minors who are members of a religious community to engage or assist in employment which minors are otherwise prohibited from performing

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO LABOR
  • 01 / Mar / 2011
    • 1ST REPORT CAL.117
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 03 / May / 2011
    • PASSED SENATE
  • 03 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 03 / May / 2011
    • REFERRED TO LABOR
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO LABOR
  • 18 / Jan / 2012
    • 1ST REPORT CAL.41
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO LABOR

Summary

Authorizes minors who are 14 or older and are active members of a religious community to engage or assist in employment which such minors are otherwise prohibited from performing; requires such minors to be supervised by an adult member of such religious community.

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Bill Details

See Assembly Version of this Bill:
A6082
Versions:
S767
Legislative Cycle:
2011-2012
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง131, 132 & 133, Lab L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2266, A2252
2007-2008: A6929

Sponsor Memo

BILL NUMBER:S767

TITLE OF BILL:

An act
to amend the labor law, in relation to authorizing minors fourteen years
of age or older, working as part of a religious community of which
they are a member, to be employed in or assist in certain activities

PURPOSE:

The purpose of this legislation is to provide a religious exemption to
current labor laws to allow minors from the age of 14 to 17 years old
who are members of a religious community such as the Old Order Amish,
to engage in certain work activities within the religious community
when under adult supervision.

SUMMARY OF PROVISIONS:

Section one adds a new subdivision 7 to section 131 and a new
subdivision 6 to section 132 of the labor law to allow minors
fourteen to fifteen years old who are members of a religious
community to be exempt from current law that prohibits minors from
working with and around heavy machinery.

Section 3 adds a new paragraph c to section 133 of the labor law to
provide that exempted minors shall at all times be under the
supervision of an adult who is an active member of the same religious
community when working with and around heavy machinery.

JUSTIFICATION:

Religious groups such as the Old Order Amish have been established as
peaceful communities in New York state for generations. They are
constitutionally guaranteed the right to practice their faith without
interference by government. The Amish have been able to maintain
their traditions, beliefs and practices without dispute or
controversy in New York and have long been contributing members and
an asset to their local communities.

The Amish are taught to work at an early age and are trained for the
family business at the end of the eighth grade. They are mentored
during this work while engaged in activities such as woodworking,
saw-milling and other work with heavy machinery.

As currently enforced, NYS child labor laws prohibit the Amish from
training their children in the very areas of employment that their
livelihood has depended on for decades. Without the exemption
provided in this bill, the whole Amish way of life is in danger of
being altered. Further, the values of work and responsibility taught
to each generation, which are an integral part of the Amish
existence, may be destroyed without the religious protection provided
in this bill.

New York State has a responsibility to ensure religious freedom but
also to ensure that minors are protected at all times, so this bill


would require adult supervision of minors in the Amish community when
working with such heavy machinery.

The Federal Government passed a similar religious exemption for the
Amish, under the Clinton administration in 1998. That legislation
allowed individual states such as New York to enact religious
exemptions to their state labor laws. This bill would help to protect
the constitutional freedom of this religious community by providing a
similar religious exemption in state labor law to federal labor law,
while ensuring safety of minors through their direct supervision.

LEGISLATIVE HISTORY:

2009-2010: S.2266/A.2252 Referred to Labor
2007-2008: S.3552/A.6929 Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   767

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to authorizing  minors  four-
  teen  years  of age or older, working as part of a religious community
  of which they are a member, to be employed in  or  assist  in  certain
  activities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 131 of the labor law is amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE EMPLOYMENT
OF OR ASSISTANCE IN EMPLOYMENT BY A MINOR FOURTEEN OR FIFTEEN  YEARS  OF
AGE  WHO IS THE MEMBER OF A RELIGIOUS COMMUNITY AS PROVIDED IN PARAGRAPH
C OF SUBDIVISION THREE OF SECTION ONE HUNDRED THIRTY-THREE OF THIS ARTI-
CLE.
  S 2. Section 132 of the labor law is amended by adding a new  subdivi-
sion 6 to read as follows:
  6.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE EMPLOYMENT
OF OR ASSISTANCE IN EMPLOYMENT BY A MINOR SIXTEEN OR SEVENTEEN YEARS  OF
AGE  WHO IS THE MEMBER OF A RELIGIOUS COMMUNITY AS PROVIDED IN PARAGRAPH
C OF SUBDIVISION THREE OF SECTION ONE HUNDRED THIRTY-THREE OF THIS ARTI-
CLE.
  S 3. Subdivision 3 of section 133 of  the  labor  law  is  amended  by
adding a new paragraph c to read as follows:
  C.  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY
TO ANY MINOR FOURTEEN YEARS OF AGE OR OLDER, WHEN SUCH MINOR IS EMPLOYED
BY OR ASSISTS IN THE EMPLOYMENT OF A RELIGIOUS COMMUNITY, OF WHICH  SUCH
MINOR  IS  AN  ACTIVE MEMBER; PROVIDED, HOWEVER, THAT AT ALL TIMES WHILE
SUCH A MINOR IS ENGAGED OR ASSISTING IN OTHERWISE PROHIBITED EMPLOYMENT,
HE OR SHE SHALL BE UNDER THE SUPERVISION OF A PERSON EIGHTEEN  YEARS  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02498-01-1

S. 767                              2

AGE  OR OLDER WHO IS AN ACTIVE MEMBER OF THE SAME RELIGIOUS COMMUNITY AS
THE SUPERVISED MINOR.  AN AFFIDAVIT SIGNED BY  THE  PARENT,  PARENTS  OR
GUARDIAN  OF SUCH A MINOR, STATING THAT SUCH PARENT, PARENTS OR GUARDIAN
HOLD THE GENUINE AND SINCERE RELIGIOUS BELIEFS OF THE RELIGIOUS COMMUNI-
TY  AND  THAT  THE MINOR IS AN ACTIVE MEMBER OF SUCH RELIGIOUS COMMUNITY
SHALL CONSTITUTE PROOF THAT SUCH MINOR MAY BE SO EMPLOYED OR  ASSIST  IN
SUCH  EMPLOYMENT.  THE PARENT, PARENTS OR GUARDIAN SHALL NOT BE REQUIRED
TO SPECIFY OR ELABORATE ON THE NATURE, GENUINENESS OR SINCERITY  OF  THE
RELIGIOUS BELIEF OR BE SUBJECT TO ANY FURTHER INQUIRY.
  S 4. This act shall take effect immediately.

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