BILL NUMBER: S5236

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to permit-
ting 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 communi-
ties 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 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 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 employ-
ment, 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 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.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

None.

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

None.

 
LEGISLATIVE HISTORY:

2017-2018: A.189 (Buchwald) - Referred to Labor / S.4295 (Alcantara)
Referred to Labor
2015-2016: A.6409 (Buchwald) - Referred to Labor / S.5274 (Martins) -
Passed Senate
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 (Gibson) - Referred to Labor / S.510 (Maziarz) - Passed
Senate
2009-10: S.6652 (Maziarz) - Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.