senate Bill S2715

2013-2014 Legislative Session

Excludes from the definition of employee certain harness race drivers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2013 referred to labor

S2715 - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง2, Work Comp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3701
2009-2010: S7072

S2715 - 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.

S2715 - Sponsor Memo

S2715 - Bill Text download pdf

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

                                  2715

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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.
                                                           LBD06037-01-3

S. 2715                             2

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