S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 466--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  JEFFRIES, STIRPE, MILLMAN, REILLY, COLTON --
  Multi-Sponsored by -- M. of A. BENEDETTO,  GLICK,  GOTTFRIED,  HEVESI,
  HOOPER, McDONOUGH, McENENY, MOLINARO, ROBINSON, SPANO -- read once and
  referred  to the Committee on Labor -- recommitted to the Committee on
  Labor in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the labor law, in relation to establishing the "time off
  for democracy act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known as the "time  off  for
democracy act."
  S  2.  Legislative findings and purpose.  The legislature hereby finds
and declares that:
  1. Thousands of citizens are not participating  in  elections  because
job requirements keep them from the polls.
  2. Broad participation in elections is essential to a healthy democra-
cy.
  3.  In  order  to make it possible for more citizens to participate in
elections, the state needs to clearly establish the rights  of  citizens
to take time off to participate in elections.
  The  purpose of this law is to encourage greater citizen participation
in the democratic process.
  S 3. The labor law is amended by adding a new article 32  to  read  as
follows:
                               ARTICLE 32
                       TIME OFF FOR DEMOCRACY ACT
SECTION 930. TIME OFF ON ELECTION DAY.
        931. NOTICE TO EMPLOYEES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00174-03-0

A. 466--A                           2

        932. ENFORCEMENT.
  S  930. TIME OFF ON ELECTION DAY. 1. ON THE DAY OF A FEDERAL, STATE OR
LOCAL ELECTION, AN EMPLOYEE ELIGIBLE TO VOTE IN THAT ELECTION  IS  ENTI-
TLED  TO TAKE UP TO TWO HOURS OFF WORK, WITHOUT LOSS OF PAY, IN ORDER TO
VOTE. THE EMPLOYER MAY LIMIT SUCH TIME OFF TO THE HOURS AT THE BEGINNING
OR END OF THE WORKDAY, AND MAY REQUIRE  THE  EMPLOYEE  TO  PRODUCE  SOME
PROOF OF VOTING IN ORDER TO RECEIVE PAY FOR THAT TIME OFF.
  2. AFTER GIVING AT LEAST SEVEN DAYS NOTICE TO AN EMPLOYER, AN EMPLOYEE
SHALL  BE  ENTITLED TO TAKE OFF WORK FOR THE ENTIRE DAY, WITHOUT PAY, ON
THE DAY OF A FEDERAL, STATE OR LOCAL ELECTION IN ORDER TO  SERVE  AS  AN
ELECTION  OFFICER  OR  POLL WATCHER, OR TO CAMPAIGN FOR ANY CANDIDATE OR
BALLOT MEASURE.
  3. NO EMPLOYER SHALL REFUSE AN EMPLOYEE THE RIGHT TO TAKE TIME OFF  ON
ELECTION  DAY  PURSUANT  TO  THIS  SECTION,  OR DISCHARGE OR THREATEN TO
DISCHARGE AN EMPLOYEE OR SUBJECT AN EMPLOYEE TO A PENALTY,  BECAUSE  THE
EMPLOYEE TRIES TO EXERCISE OR ENFORCE THIS RIGHT.
  S  931.  NOTICE  TO  EMPLOYEES.  DURING THE FOURTEEN DAY PERIOD BEFORE
EVERY STATEWIDE ELECTION, EVERY EMPLOYER SHALL KEEP POSTED CONSPICUOUSLY
AT THE PLACE OF WORK, IF PRACTICABLE, OR ELSEWHERE WHERE IT CAN BE  SEEN
AS  EMPLOYEES  COME OR GO TO THEIR PLACE OF WORK, A NOTICE SETTING FORTH
EMPLOYEES' RIGHTS UNDER THIS ARTICLE TO TAKE TIME OFF ON ELECTION DAY.
  S 932. ENFORCEMENT. 1. THE DEPARTMENT SHALL PROMULGATE REGULATIONS  TO
ENFORCE THIS ARTICLE.
  2.  AN AGGRIEVED EMPLOYEE MAY FILE AN ACTION WITH A COURT OF COMPETENT
JURISDICTION IN ORDER TO ENFORCE THE EMPLOYEE'S RIGHTS UNDER THIS  ARTI-
CLE.
  S 4. This act shall take effect July 1, 2011.