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

                                  2357

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05622-01-5
              

S. 2357                             2

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] 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

S. 2357                             3

the owner in casual employment consisting of yard work, household chores
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.