A10283 Summary:

BILL NOA10283A
 
SAME ASSAME AS S07709
 
SPONSORTitone
 
COSPNSRSkartados
 
MLTSPNSR
 
Amd §2, Work Comp L
 
Clarifies that a musician or other performing artist who is exempt from the requirement to have workers' compensation insurance because he or she is an executive officer of a corporation who is deemed excluded from coverage.
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A10283 Actions:

BILL NOA10283A
 
05/20/2016referred to labor
05/24/2016amend (t) and recommit to labor
05/24/2016print number 10283a
06/01/2016reported referred to rules
06/15/2016reported
06/15/2016rules report cal.416
06/15/2016ordered to third reading rules cal.416
06/16/2016passed assembly
06/16/2016delivered to senate
06/16/2016REFERRED TO RULES
06/17/2016SUBSTITUTED FOR S7709
06/17/20163RD READING CAL.1197
06/17/2016PASSED SENATE
06/17/2016RETURNED TO ASSEMBLY
12/20/2016delivered to governor
12/31/2016vetoed memo.300
12/31/2016tabled
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A10283 Committee Votes:

LABOR Chair:Titus DATE:06/01/2016AYE/NAY:22/5 Action: Favorable refer to committee Rules
TitusAyeBrabenecAye
AbbateNayCrouchAye
PerryAyeFitzpatrickAye
OrtizAbsentSaladinoAye
ColtonNayCurranAye
MarkeyAyeDiPietroAye
BenedettoAyeWozniakAye
HevesiAyeCastorinaAye
KavanaghAye
ZebrowskiAye
MillerAye
BronsonAye
RodriguezAye
MoyaAye
DenDekkerAye
MayerNay
SkoufisAye
RozicNay
SimonNay
LinaresAye

RULES Chair:Heastie DATE:06/15/2016AYE/NAY:27/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeTediscoAye
LentolAyeOaksAye
FarrellAyeButlerAye
GanttAyeCrouchAye
NolanExcusedFinchExcused
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeDupreyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightExcused
WrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
MarkeyAye

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A10283 Floor Votes:

DATE:06/16/2016Assembly Vote  YEA/NAY: 137/7
No
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
Yes
Palumbo
No
Simon
Yes
Abinanti
Yes
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Gunther
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
No
Mayer
Yes
Ra
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
No
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
Yes
Katz
Yes
Morelle
No
Rosenthal
Yes
Walter
Yes
Bronson
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
No
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Friend
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
Yes
Gantt
Yes
Kolb
Yes
Nojay
Yes
Saladino
Yes
Woerner
Yes
Cancel
Yes
Garbarino
Yes
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
Yes
Schimel
Yes
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Zebrowski
No
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Corwin
Yes
Goodell
Yes
Linares
Yes
Palmesano
Yes
Simanowitz

‡ Indicates voting via videoconference
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A10283 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10283--A
 
                   IN ASSEMBLY
 
                                      May 20, 2016
                                       ___________
 
        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
          upon expiration thereof

          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. "Engaged in the performing
    12  arts" shall mean performing service in connection with the production of
    13  or performance in any artistic endeavor which requires artistic or tech-
    14  nical skill or expertise.  However, a musician or person who is an exec-
    15  utive officer of  a  corporation  who  contracts  for  the  musician  or
    16  person's services, and who is not a musician or person otherwise engaged
    17  in  performing  arts  who  would  be deemed excluded from coverage under
    18  paragraphs (c) and e of subdivision six of section  fifty-four  of  this
    19  chapter,  will not be an "employee" for purposes of this chapter if such
    20  musician or person establishes, before the board or in a court  of  law,
    21  that  he  or she would not be an "employee" at common law; and in making
    22  such determination, the board or the court will consider the  degree  of
    23  control exercised by the purported employer over the results produced or
    24  the  means used to achieve the results, examining the following factors:
    25  whether the musician or person (a) worked at his or her own convenience,
    26  (b) was free to engage in other employment, (c)  received  fringe  bene-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15407-02-6

        A. 10283--A                         2

     1  fits,  (d)  was on the employer's payroll, and (e) was on a fixed sched-
     2  ule.
     3    §  2.  This  act  shall take effect immediately and shall apply to all
     4  cases, matters or proceedings pending on such date, or  which  have  not
     5  been  finally  adjudicated  on  such  date or commenced on or after such
     6  date; provided, however, that  this  act  shall  expire  and  be  deemed
     7  repealed 3 years after such effective date.
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