BILL NUMBER:S5274

TITLE OF BILL:  An act to amend the labor law, in relation to permitting
the employment of minors as referees, umpires or officials at youth
sporting events

PURPOSE: This bill amends the Labor Law to include an exception to allow
minors, ages twelve through seventeen, to serve as a referee, umpire or
official at a youth sporting event without a certificate of employment
or permit in limited circumstances. There are multiple exemptions to
these circumstances in the bill to address parental approval, academic
criteria and Labor Law concerns. This legislation would allow more young
people to get paid to perform this work in their communities.

SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 17 to section 2 of the Labor Law to
define the term "youth sporting event" to include organized partic-
ipation in a competitive physical activity aimed at using, maintaining
or improving physical ability and skills of minors.

Section 2 adds a new paragraph i to subdivision 2 of section 130 of the
Labor Law to provide an exemption to allow twelve and thirteen year olds
to serve as referees, umpires or officials at youth sporting events for
minors predominately ten years of age or less when attendance upon
instruction is not required by the education law. In order to serve as a
              

referee, these minors would be required to provide written consent from
a parent or guardian, be in good academic standing with the school
district and would not be allowed to officiate at more than one youth
sporting event per week.

Section 3 adds a new subparagraph 7 to paragraph a of subdivision 3 of
section 131 of the Labor Law by providing an exception to allow fourteen
and fifteen year olds to serve as a referee, umpire or official at a
youth sporting event for minors predominantly twelve years of age or
less when attendance upon instruction is not required by the education
law.

Section 4 adds a new subparagraph 7 to paragraph a of subdivision 3 of
section 132 of the Labor Law to provide an exception for sixteen and
seventeen year olds to serve as a referee, umpire or official at a youth
sporting event for minors predominantly fifteen years of age or less.

Section 5 sets the effective date.

JUSTIFICATION: In New York State, anyone under the age of 18 must show
an employment certificate before they can work. These certificates,
commonly known as "working papers," are issued by school districts and
are valid for two years from the date of issue. In order to qualify for
an employment certificate, applicants must present evidence of age, a
parental or guardian signature, certificate of physical fitness, a

pledge of employment, their school record and their social security
number.

New York State labor laws stipulate that no minor under the age of four-
teen shall be employed in or in connection with any trade, business or
service. However, numerous exceptions have been created to allow minors
to work before the age of fourteen. For instance, an eleven year old may
be employed as a newspaper carrier. Provisions also exist to allow
twelve and thirteen year olds to work on a family farm, family market
stand or as a bridge caddie. Child performers and models are also
allowed to work under the age of fourteen. All of these exceptions are
allowed as long as they comply with either the Education Law work
requirements for minors or provisions contained within the Arts and
Cultural Affairs Law.

When exceptions have allowed children under the age of fourteen to be
permitted to work in a certain field, the amendment has also provided
provisions allowing youth ages fourteen through seventeen to be employed
in that same field without certificate of employment or permit. Similar
to that of the exclusion for a bridge caddie, this exception allowing
twelve and thirteen year olds to be employed as a referee, umpire or
official at a youth sporting event, accompany provisions allowing those
ages fourteen through seventeen to do so without an employment certif-
icate or permit.

Currently, many youth sport leagues are experiencing shortages in refer-
ees or umpires. For example, many youth hockey leagues are trying to
cope with a significant shortage of youth referees. This legislation
would allow more young people to enjoy contributing to youth sports
regardless of their athletic ability and to learn the value of gainful
employment.

LEGISLATIVE HISTORY:  2013-14: A.8457/S.7373 - Referred to Labor 2011-
12: A.7484/5.510 - Passed Senate .2009-10: S.6652 - Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.