Senate Bill S3273

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

                                  3273

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

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

AN ACT to amend the workers' compensation law, in relation to  excluding
  members of certain religious sects from the term "employee"

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

  Section 1. The opening paragraph of subdivision 4 of section 2 of  the
workers'  compensation  law,  as  amended  by chapter 205 of the laws of
1993, 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 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,
provided that said members are not also otherwise engaged or employed by
any person, firm or corporation participating in said athletic activity,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00763-01-9
              

S. 3273                             2

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  PERSONS WHO ARE MEMBERS OF CERTAIN RELIGIOUS SECTS OR DIVISIONS
THEREOF, NOR SHALL IT INCLUDE THE SPOUSE OR MINOR CHILD OF SUCH  PERSON,
WHO  HAVE  FILED  APPLICATION  FOR EXEMPTION FROM TAX ON SELF-EMPLOYMENT
INCOME, CLAIM FOR REFUND, AND WAIVER OF BENEFITS (FORM  4029)  WITH  THE
INTERNAL REVENUE SERVICE PURSUANT TO 26 USCS S 1402(G) AND SUCH FORM HAS
BEEN  ACCEPTED  BY THE INTERNAL REVENUE SERVICE, 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-
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)  herein  was  not
executed under duress and contains the following provisions:
  S 2. This act shall take effect immediately.