S T A T E O F N E W Y O R K
________________________________________________________________________
8898
I N A S S E M B L Y
February 27, 2014
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Labor
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
A. 8898 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:
A. 8898 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.
A. 8898 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.