S T A T E   O F   N E W   Y O R K
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                                  2252

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. PARMENT, SCHROEDER -- Multi-Sponsored by -- M. of
  A.  CAMARA, CHRISTENSEN, J. RIVERA, TOWNS -- read once and referred to
  the Committee on Labor

AN ACT to amend the labor law, in relation to authorizing  minors  four-
  teen  years  of age or older, working as part of a religious community
  of which they are a member, to be employed in  or  assist  in  certain
  activities

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

  Section 1. Section 131 of the labor law is amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE EMPLOYMENT
OF OR ASSISTANCE IN EMPLOYMENT BY A MINOR FOURTEEN OR FIFTEEN  YEARS  OF
AGE  WHO IS THE MEMBER OF A RELIGIOUS COMMUNITY AS PROVIDED IN PARAGRAPH
C OF SUBDIVISION THREE OF SECTION ONE HUNDRED THIRTY-THREE OF THIS ARTI-
CLE.
  S 2. Section 132 of the labor law is amended by adding a new  subdivi-
sion 6 to read as follows:
  6.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE EMPLOYMENT
OF OR ASSISTANCE IN EMPLOYMENT BY A MINOR SIXTEEN OR SEVENTEEN YEARS  OF
AGE  WHO IS THE MEMBER OF A RELIGIOUS COMMUNITY AS PROVIDED IN PARAGRAPH
C OF SUBDIVISION THREE OF SECTION ONE HUNDRED THIRTY-THREE OF THIS ARTI-
CLE.
  S 3. Subdivision 3 of section 133 of  the  labor  law  is  amended  by
adding a new paragraph c to read as follows:
  C.  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY
TO ANY MINOR FOURTEEN YEARS OF AGE OR OLDER, WHEN SUCH MINOR IS EMPLOYED
BY OR ASSISTS IN THE EMPLOYMENT OF A RELIGIOUS COMMUNITY, OF WHICH  SUCH
MINOR  IS  AN  ACTIVE MEMBER; PROVIDED, HOWEVER, THAT AT ALL TIMES WHILE
SUCH A MINOR IS ENGAGED OR ASSISTING IN OTHERWISE PROHIBITED EMPLOYMENT,
HE OR SHE SHALL BE UNDER THE SUPERVISION OF A PERSON EIGHTEEN  YEARS  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04736-01-9
              

A. 2252                             2

AGE  OR OLDER WHO IS AN ACTIVE MEMBER OF THE SAME RELIGIOUS COMMUNITY AS
THE SUPERVISED MINOR.  AN AFFIDAVIT SIGNED BY  THE  PARENT,  PARENTS  OR
GUARDIAN  OF SUCH A MINOR, STATING THAT SUCH PARENT, PARENTS OR GUARDIAN
HOLD THE GENUINE AND SINCERE RELIGIOUS BELIEFS OF THE RELIGIOUS COMMUNI-
TY  AND  THAT  THE MINOR IS AN ACTIVE MEMBER OF SUCH RELIGIOUS COMMUNITY
SHALL CONSTITUTE PROOF THAT SUCH MINOR MAY BE SO EMPLOYED OR  ASSIST  IN
SUCH  EMPLOYMENT.  THE PARENT, PARENTS OR GUARDIAN SHALL NOT BE REQUIRED
TO SPECIFY OR ELABORATE ON THE NATURE, GENUINENESS OR SINCERITY  OF  THE
RELIGIOUS BELIEF OR BE SUBJECT TO ANY FURTHER INQUIRY.
  S 4. This act shall take effect immediately.