Bill Text: NY S04402 | 2015-2016 | General Assembly | Amended

---

Bill Title: Amends the definition of employee in reference to professional musicians and those engaged in the performing arts.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2015-06-24 - SUBSTITUTED BY A3390A [S04402 Detail]

Download: New_York-2015-S04402-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4402--A
           Cal. No. 682
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 18, 2015
                                      ___________
       Introduced by Sens. MARTINS, GALLIVAN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Labor -- reported
         favorably  from  said  committee,  ordered to first and second report,
         ordered to a third reading, passed by  Senate  and  delivered  to  the
         Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third reading
       AN  ACT  to  amend  the workers' compensation law, relating to the defi-
         nition of employee; and providing for the repeal of such provisions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  fourth  undesignated  paragraph  of subdivision 4 of
    2  section 2 of the workers' compensation law, as added by chapter  903  of
    3  the laws of 1986, is amended to read as follows:
    4    "Employee" shall also mean, for purposes of this chapter ONLY, AND NOT
    5  FOR  THE  PURPOSES  OF ANY OTHER PROVISION OR STATUTE DEPENDENT UPON THE
    6  DEFINITION OF EMPLOYEE, a professional musician or  a  person  otherwise
    7  engaged in the performing arts who performs services as such for a tele-
    8  vision or radio station or network, a film production, a theatre, hotel,
    9  restaurant,  night  club  or  similar  establishment  unless, by written
   10  contract, such musician or person is stipulated to  be  an  employee  of
   11  another employer covered by this chapter, OR EXEMPT FROM THE REQUIREMENT
   12  OF  COVERAGE  BECAUSE THE MUSICIAN OR PERSON DESCRIBED IN THIS PARAGRAPH
   13  IS AN EXECUTIVE OFFICER OF A CORPORATION WHO  IS  DEEMED  EXCLUDED  FROM
   14  COVERAGE  UNDER  PARAGRAPHS  (C)  AND  E  OF  SUBDIVISION SIX OF SECTION
   15  FIFTY-FOUR OF THIS CHAPTER,  AND  WHO,  AFTER  SUSTAINING  AN  OTHERWISE
   16  COVERED  INJURY, ELECTS TO WAIVE COVERAGE UNDER THIS CHAPTER PROVIDED BY
   17  AN ESTABLISHMENT DESCRIBED IN THIS PARAGRAPH OR ITS COMPENSATION  CARRI-
   18  ER.  PROVIDED, WHERE A MUSICIAN OR PERSON DESCRIBED IN THIS PARAGRAPH IS
   19  COVERED BY A COLLECTIVE BARGAINING AGREEMENT, THE UNION MUST CONSENT  TO
   20  SUCH  ELECTION  . "Engaged in the performing arts" shall mean performing
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03796-07-5
       S. 4402--A                          2
    1  service in connection with the  production  of  or  performance  in  any
    2  artistic  endeavor  which requires artistic or technical skill or exper-
    3  tise.
    4    S  2.  This  act  shall take effect immediately and shall apply to all
    5  cases, matters or proceedings pending on such date, or  which  have  not
    6  been  finally  adjudicated  on  such  date or commenced on or after such
    7  date; provided, however, that  this  act  shall  expire  and  be  deemed
    8  repealed 3 years after such effective date.