S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4473
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. MAGEE -- read once and referred to the Committee
   on Labor
 
 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:
   §  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.
   § 2. The opening paragraph of subdivision 4 of section 2 of the  work-
 ers' compensation law, as amended by chapter 503 of the laws of 2016, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04893-01-7

 A. 4473                             2
 
 hundred sixty-one-c of the labor law; "employee" shall also mean for the
 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, [but shall not include delivery of newspapers or shopping  news  to
 the  consumer  (including any services directly related to such trade or
 business) by a person who is not performing commercial goods transporta-
 tion services for a commercial goods  transportation  contractor  within
 the  meaning  of  article twenty-five-C of the labor 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 compensation 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 OPER-
 ATED ON A FOR-PROFIT BASIS, EXCEPT THOSE AMATEUR, UNPAID  PLAYERS  IN  A
 SUPERVISED  COLLEGIATE  SUMMER  BASEBALL LEAGUE 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 other-
 wise engaged or employed by any person, firm or corporation  participat-
 ing  in said athletic activity OR COLLEGIATE SUMMER BASEBALL LEAGUE, nor
 shall it include the spouse or minor child of an employer who is a farm-
 er 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 corporation 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 offi-
 cers of a corporation who  at  all  times  during  the  period  involved
 between  them own all of the issued and outstanding stock of such corpo-
 ration 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 officers 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 partnership as defined in section ten of the partner-
 ship law who is not covered under a compensation insurance contract or a
 certificate of  self-insurance  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  [chap-
 ter]  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 four-

 A. 4473                             3
 
 teen  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-driven machinery. The term "employee"
 shall not include persons engaged by  the  owner  in  casual  employment
 consisting  of  yard  work,  household  chores  and making repairs to or
 painting in and about a one-family owner-occupied  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 following provisions:
   § 3. This act shall take effect immediately.