senate Bill S6646A

Vetoed

Relates to exemption of certain participants in a supervised collegiate summer baseball league from workers' compensation coverage

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Bill Status


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

  • 21 / Feb / 2014
    • REFERRED TO INSURANCE
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO INSURANCE
  • 10 / Jun / 2014
    • PRINT NUMBER 6646A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1511
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO LABOR
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A8898A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.550
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 17 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 29 / Dec / 2014
    • VETOED MEMO.584

Summary

Exempts certain participants of a supervised collegiate summer baseball league from definition of employee for purposes of workers' compensation coverage.

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Bill Details

See Assembly Version of this Bill:
A8898A
Versions:
S6646
S6646A
Legislative Cycle:
2013-2014
Law Section:
Insurance Law
Laws Affected:
Add §3443-a, Ins L; amd §2, Work Comp L

Sponsor Memo

BILL NUMBER:S6646A

TITLE OF BILL: An act to amend the insurance law and the workers'
compensation law, in relation to exempting members of supervised
collegiate summer baseball leagues from the definition of employees
for purposes of workers' compensation insurance

PURPOSE: To exempt collegiate summer baseball leagues from workers'
compensation requirements, except those deemed to be employees
pursuant to the National Labor Relations Act

SUMMARY OF PROVISIONS: Section 1 of the bill amends section 3443-a of
the insurance law to provide that an insurer shall not be required to
provide coverage to members of collegiate summer baseball leagues
operating on a for-profit basis, except those players determined to be
employees pursuant to the National Labor Relations Act

Section 2 of the bill amends section 2 (4) of the workers'
compensation law to provide an exemption for members of supervised
collegiate summer baseball leagues operating on a for-profit basis,
except those players determined to be employees pursuant to the
National Labor Relations Act

EXISTING LAW: Currently, section 2 (4) of the workers' compensation
law provides an exemption for all supervised amateur athletic
activities that are operated on a non-profit basis

JUSTIFICATION: Currently, the workers' compensation law provides an
exemption for members of supervised amateur athletic activities that
are operated on a non-profit basis However, the current statute is
unclear as to the treatment of amateur athletic activities that are
operated on a for-profit basis. The State Insurance Fund has recently
interpreted the law to require summer collegiate baseball league teams
to pay worker's compensation insurance for their players as
"employees."

Players do not receive any compensation for joining a collegiate
summer baseball league and, as such, should not be considered
employees In fact, each of the players on these teams is currently
prohibited by the NCAA, or similar collegiate regulatory agency, from
receiving any type of monetary payment, or other form of financial
compensation Players join summer collegiate baseball teams for
baseball instruction by highly qualified coaches, to give them an
opportunity to hone their skills for the future playing seasons The
present interpretation of the law by the State Insurance Fund is
analogous to requiring children who pay to come to a summer camp to be
covered by worker's compensation insurance No collegiate league player
has ever filed a worker's compensation claim with the State Insurance
Fund and could not do so because, currently, it would impact his or
her eligibility under NCAA regulations Per the NCAA regulations,
student-athletes are not considered to be employees However, in the
event that the National Labor Relations Board deems these collegiate
level players to be employees at some point in the future, the
legislation does provide an exception

Requiring the teams to pay worker's compensation insurance will lead
to financial hardships, as most are not highly profitable to begin


with It may cause a number of them to relocate to different states, or
to cease doing business altogether This modification of the law is
intended to encourage the further development of summer collegiate
baseball teams, which contribute significantly to economic development
and tourism activities across the state

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

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

                                 6646--A

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the insurance law and the workers' compensation law, in
  relation to exempting members of supervised collegiate summer baseball
  leagues from the definition of  employees  for  purposes  of  workers'
  compensation insurance

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

  Section 1. The insurance law is amended by adding a new section 3443-a
to read as follows:
  S 3443-A. SUPERVISED  COLLEGIATE  SUMMER  BASEBALL  LEAGUES.  AMATEUR,
UNPAID,  COLLEGIATE  PLAYERS,  EXCEPT  THOSE  DETERMINED TO BE EMPLOYEES
PURSUANT TO THE NATIONAL LABOR RELATIONS ACT, IN A SUPERVISED COLLEGIATE
SUMMER BASEBALL LEAGUE OPERATED ON A FOR-PROFIT BASIS  SHALL  BE  EXEMPT
FROM  THE DEFINITION OF EMPLOYEE PURSUANT TO SUBDIVISION FOUR OF SECTION
TWO OF THE WORKERS' COMPENSATION LAW. AS  SUCH,  AN  INSURER  ISSUING  A
WORKERS'  COMPENSATION  AND  EMPLOYERS' LIABILITY INSURANCE POLICY SHALL
NOT BE REQUIRED TO PROVIDE COVERAGE TO AMATEUR, UNPAID, COLLEGIATE PLAY-
ERS, EXCEPT THOSE DETERMINED TO BE EMPLOYEES PURSUANT  TO  THE  NATIONAL
LABOR RELATIONS ACT, IN SAID COLLEGIATE SUMMER BASEBALL LEAGUE.
  S  2. The opening paragraph of subdivision 4 of section 2 of the work-
ers' compensation law, as amended by chapter 558 of the laws of 2013, is
amended to read as follows:
  "Employee" means a person engaged in one of the occupations enumerated
in section three of this article or who is in the service of an employer
whose principal business is that of carrying on or conducting a  hazard-
ous  employment  upon  the premises or at the plant, or in the course of
his or her employment away from  the  plant  of  his  or  her  employer;
"employee" shall also mean for the purposes of this chapter any individ-
ual  performing  services  in construction for a contractor who does not
overcome the presumption of employment as provided under  section  eight
hundred sixty-one-c of the labor law; "employee" shall also mean for the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13831-02-4

S. 6646--A                          2

purposes  of  this  chapter  any  individual  performing services in the
commercial goods transportation industry for a commercial  goods  trans-
portation contractor who does not overcome the presumption of employment
as  provided  under  section eight hundred sixty-two-b of the labor law;
"employee" shall also mean  for  the  purposes  of  this  chapter  civil
defense  volunteers who are personnel of volunteer agencies sponsored or
authorized by a local office under  regulations  of  the  civil  defense
commission,  to  the  extent  of  the provisions of groups seventeen and
nineteen; "employee" shall at the election of  a  municipal  corporation
made  pursuant to local law duly enacted also mean a member of an auxil-
iary police organization authorized by local law; and for  the  purposes
of this chapter only a newspaper carrier under the age of eighteen years
as  defined  in section thirty-two hundred twenty-eight of the education
law, and shall not include  domestic  servants  except  as  provided  in
section  three  of this [chapter] ARTICLE, and except where the employer
has elected to bring such employees under the law  by  securing  compen-
sation  in  accordance  with the terms of section fifty of this chapter.
The term "employee" shall not include  persons  who  are  members  of  a
supervised  amateur athletic activity operated on a non-profit basis, OR
PERSONS WHO ARE AMATEUR,  UNPAID  PLAYERS  IN  A  SUPERVISED  COLLEGIATE
SUMMER  BASEBALL  LEAGUE  OPERATED  ON  A FOR-PROFIT BASIS, EXCEPT THOSE
AMATEUR, UNPAID PLAYERS IN A SUPERVISED COLLEGIATE SUMMER BASEBALL LEAG-
UE OPERATED ON A FOR-PROFIT BASIS WHO ARE  DETERMINED  TO  BE  EMPLOYEES
PURSUANT  TO  THE  NATIONAL  LABOR  RELATIONS  ACT,  provided  that said
[members] PERSONS are not also otherwise  engaged  or  employed  by  any
person,  firm  or corporation participating in said athletic activity OR
COLLEGIATE SUMMER BASEBALL LEAGUE, nor shall it include  the  spouse  or
minor  child  of an employer who is a farmer unless the services of such
spouse or minor child shall be engaged by said employer under an express
contract of hire nor shall it include an executive officer of  a  corpo-
ration  who  at  all  times  during  the period involved owns all of the
issued and outstanding stock of the corporation and  holds  all  of  the
offices  pursuant  to  paragraph (e) of section seven hundred fifteen of
the business corporation law or two executive officers of a  corporation
who  at all times during the period involved between them own all of the
issued and outstanding stock of  such  corporation  and  hold  all  such
offices  except  as provided in subdivision six of section fifty-four of
this chapter provided, however, that where there are two executive offi-
cers of a corporation each officer must own at least one share of stock,
nor shall it include a self-employed person or a partner of  a  partner-
ship as defined in section ten of the partnership law who is not covered
under  a  compensation insurance contract or a certificate of self-insu-
rance as provided in subdivision eight of  section  fifty-four  of  this
chapter,  nor shall it include farm laborers except as provided in group
fourteen-b of section three of this [chapter] ARTICLE. If a  farm  labor
contractor  recruits  or supplies farm laborers for work on a farm, such
farm laborers shall for the purposes of this chapter  be  deemed  to  be
employees of the owner or lessee of such farm. The term "employee" shall
not  include baby sitters as defined in subdivision three of section one
hundred thirty-one and subdivision three of section one hundred  thirty-
two  of the labor law or minors fourteen years of age or over engaged in
casual employment consisting of yard work and household  chores  in  and
about  a  one  family owner-occupied residence or the premises of a non-
profit, non-commercial organization, not involving the use of power-dri-
ven machinery. The term "employee" shall not include persons engaged  by
the owner in casual employment consisting of yard work, household chores

S. 6646--A                          3

and  making repairs to or painting in and about a one-family owner-occu-
pied residence. The term "employee" shall not include the services of  a
licensed  real estate broker or sales associate if it be proven that (a)
substantially  all of the remuneration (whether or not paid in cash) for
the services performed by such broker or  sales  associate  is  directly
related to sales or other output (including the performance of services)
rather than to the number of hours worked; (b) the services performed by
the  broker  or  sales  associate  are  performed  pursuant to a written
contract executed between such broker or sales associate and the  person
for  whom  the  services are performed within the past twelve to fifteen
months; and (c) the written contract provided for in  paragraph  (b)  of
this  subdivision was not executed under duress and contains the follow-
ing provisions:
  S 3. This act shall take effect immediately.

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