Bill Text: NY A03390 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 3390 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2015-12-23 - tabled [A03390 Detail]

Download: New_York-2015-A03390-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3390--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. TITONE -- read once and referred to the Committee
         on  Labor  -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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
   21  service  in  connection  with  the  production  of or performance in any
   22  artistic endeavor which requires artistic or technical skill  or  exper-
   23  tise.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03796-06-5
       A. 3390--A                          2
    1    S  2.  This  act  shall take effect immediately and shall apply to all
    2  cases, matters or proceedings pending on such date, or  which  have  not
    3  been  finally  adjudicated  on  such  date or commenced on or after such
    4  date; provided, however, that  this  act  shall  expire  and  be  deemed
    5  repealed 3 years after such effective date.