BILL NUMBER:  S4295

 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
protections 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, as
well as fill what is in many communities a shortage of youth sports
officials.

 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
participation 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 states this this act shall take effect immediately.

 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 fourteen 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 certificate or permit.

Currently, many youth sport leagues are experiencing shortages in
referees 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.

 IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS :

None.

 EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS :

None.

 LEGISLATIVE HISTORY :

2015-2016: A.6409 (Buchwald) - Referred to Labor / S.5274 (Martins)
Passed Senate in 2015
2015: A.6409 (Buchwald) - Referred to Labor
2013-14: A.8457 (Buchwald) - Referred to Labor / S.7373 (Grisanti)
Referred to Labor
2011-12: A.7484 - Referred to Labor/ 5.510 - Passed Senate
2009-10: S.6652 - Referred to Labor

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill shall take effect immediately.