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Senate Bill S3701

2011-2012 Legislative Session

Excludes from the definition of employee certain harness race drivers

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2011-S3701 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง2, Work Comp L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7072
2013-2014: S2715

2011-S3701 (ACTIVE) - Summary

Excludes from the definition of employee such services rendered by a harness race driver, only a groom or caretaker of a temporary designated trainer of a harness race horse, a shipper or transporter of a harness race horse, a farrier of a harness race horse, or a veterinarian to a harness race horse.

2011-S3701 (ACTIVE) - Sponsor Memo

2011-S3701 (ACTIVE) - Bill Text download pdf 

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

                                  3701

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 exclusions
  to the definition of employee for workers' compensation purposes

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

  Section 1. Subdivision 4 of section 2 of the workers' compensation law
is  amended  by  adding  five  new  undesignated  paragraphs  to read as
follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE TERM "EMPLOY-
EE" SHALL NOT INCLUDE THE SERVICES OF A HARNESS RACE  DRIVER  IF  IT  BE
PROVEN THAT:
  (A)  SUBSTANTIALLY  ALL  OF  THE  COMPENSATION (WHETHER OR NOT PAID IN
CASH) FOR THE SERVICES PERFORMED BY SUCH HARNESS RACE DRIVER IS  RELATED
TO  HIS OR HER PERFORMANCE IN THE HARNESS RACE RATHER THAN THE NUMBER OF
HOURS WORKED;
  (B) THE HARNESS RACE DRIVER IS FREE TO ACCEPT OR DECLINE  ANY  REQUEST
TO DRIVE HORSES;
  (C)  THE  HARNESS  RACE  DRIVER  IS FREE TO DRIVE HORSES FOR THE OWNER
AND/OR TRAINERS OF HIS OR HER CHOOSING AND/OR ENGAGE  IN  OTHER  EMPLOY-
MENT;
  (D)  THE HARNESS RACE DRIVER MAY UNILATERALLY DETERMINE WHEN AND WHERE
HE OR SHE WILL WORK;
  (E) THE HARNESS  RACE  DRIVER  IS  RESPONSIBLE  FOR  HIS  OR  HER  OWN
EXPENSES;
  (F)  THE  HARNESS RACE DRIVER IS RESPONSIBLE FOR FURNISHING HIS OR HER
OWN VEST, HELMET AND WHIP;
  (G) THE HARNESS RACE DRIVER IS FREE TO TERMINATE HIS OR  HER  SERVICES
AT ANY TIME; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07646-01-1

S. 3701                             2

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