senate Bill S6646A

Vetoed By Governor
2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 29, 2014 vetoed memo.584
Dec 17, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.550
substituted for a8898a
Jun 18, 2014 referred to labor
delivered to assembly
passed senate
ordered to third reading cal.1511
committee discharged and committed to rules
Jun 10, 2014 print number 6646a
Jun 10, 2014 amend and recommit to insurance
Feb 21, 2014 referred to insurance

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6646 - Bill Details

See Assembly Version of this Bill:
A8898A
Law Section:
Insurance Law
Laws Affected:
Add §3443-a, Ins L; amd §2, Work Comp L

S6646 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6646

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 all collegiate summer baseball leagues from workers'
compensation requirements.

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.

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.

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 ".
Each of the players on these teams is prohibited by the NCAA, or
similar collegiate regulatory agency, from receiving any type of
monetary payment, or other form of financial compensation. Players
pay a fee to these teams for baseball instruction by highly qualified
coaches and to cover their living expenses. 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 it would impact his eligibility under NCAA
regulations. Requiring the teams to pay worker's compensation
insurance will cause them to increase the annual fees that players
will be required to pay to each organization. Moreover, because these
teams are not highly profitable 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 tourism in this region.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  6646

                            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

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. MEMBERS OF A
SUPERVISED COLLEGIATE SUMMER BASEBALL LEAGUE OPERATED  ON  A  FOR-PROFIT
BASIS SHALL BE EXEMPT FROM THE DEFINITION OF EMPLOYEE PURSUANT TO SUBDI-
VISION FOUR OF SECTION TWO OF THE WORKERS' COMPENSATION LAW. AS SUCH, AN
INSURER  ISSUING A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSUR-
ANCE POLICY SHALL NOT BE REQUIRED TO PROVIDE COVERAGE TO MEMBERS OF 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 418 of the laws of 2010, 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
purposes of this chapter civil defense volunteers who are  personnel  of
volunteer agencies sponsored or authorized by a local office under regu-
lations 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13831-01-4

S. 6646                             2

a  member  of  an auxiliary 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,  and  except  where
the employer has elected to bring such employees under the law by secur-
ing  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 MEMBERS  OF  A  SUPERVISED  COLLEGIATE  SUMMER
BASEBALL  LEAGUE  OPERATED  ON  A  FOR-PROFIT  BASIS, provided that said
members 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 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 pursu-
ant  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  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 partnership 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 chapter. 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-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:

S. 6646                             3

  S  3. 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
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, 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  MEMBERS  OF A SUPERVISED COLLEGIATE SUMMER BASEBALL LEAGUE OPERATED
ON FOR A FOR-PROFIT BASIS, provided  that  said  members  are  not  also
otherwise engaged or employed by any person, firm or corporation partic-
ipating  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 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  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 subdi-
vision 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-em-
ployed person or a partner of a partnership as defined in section ten of
the partnership 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
chapter.  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.

S. 6646                             4

The term "employee" shall not include baby sitters as defined in  subdi-
vision  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-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:
  S 4. This act shall take effect immediately;  provided,  however  that
section  three of this act shall take effect on the same date and in the
same manner as chapter 558 of the laws of 2013, takes effect.

S6646A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8898A
Law Section:
Insurance Law
Laws Affected:
Add §3443-a, Ins L; amd §2, Work Comp L

S6646A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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