Senate Bill S1482

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

                                  1482

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

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 act 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.
        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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02166-01-1

              

S. 1482                             2

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, 2012.