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

                                  5032

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Labor

AN  ACT  to  amend  the labor law, in relation to creating the "New York
  working soldiers' assistance program"

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

  Section  1.  The labor law is amended by adding a new section 219-b to
read as follows:
  S 219-B. NEW YORK  WORKING  SOLDIERS'  ASSISTANCE  PROGRAM.    1.  THE
DEPARTMENT  SHALL  ESTABLISH  A  MATCHING GRANT PROGRAM TO AWARD PRIVATE
SECTOR EMPLOYERS OF NEW YORK STATE WHO PROVIDE WAGES TO NEW  YORK  STATE
RESIDENTS  WHO ARE MEMBERS OF THE NATIONAL GUARD OR OTHER RESERVE COMPO-
NENT OF THE ARMED FORCES OF THE UNITED STATES AND ARE ORDERED TO  ACTIVE
MILITARY DUTY IN A COMBAT THEATER OR COMBAT ZONE OF OPERATIONS.
  2.  SUCH GRANT SHALL REIMBURSE THE EMPLOYER FOR NOT MORE THAN ONE-HALF
OF THE DIFFERENCE BETWEEN THE MONTHLY WAGE PAID BY THE EMPLOYER PRIOR TO
THE DATE THE EMPLOYEE WAS CALLED TO OR ORDERED TO ACTIVE  MILITARY  DUTY
IN  A  COMBAT  THEATER OR COMBAT ZONE OF OPERATION AND THE AMOUNT OF THE
EMPLOYEE'S MILITARY PAY AS DEFINED IN SECTION 101(21) OF TITLE 37 OF THE
UNITED STATES CODE AND ALLOWANCES PAYABLE TO  A  MEMBER  OF  THE  UNITED
STATES  ARMED  FORCES  UNDER  CHAPTER 7 OF TITLE 37 OF THE UNITED STATES
CODE AND IS ONLY AVAILABLE FOR FEDERAL MILITARY ACTIVE DUTY SERVED ON OR
AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN.
  3. THE DEPARTMENT SHALL DEVELOP A PLAN BY NO LATER THAN OCTOBER FIRST,
TWO THOUSAND THIRTEEN, TO ADMINISTER THE APPLICATION AND PAYMENT  PROCE-
DURES PURSUANT TO THIS SECTION.
  4.  FOR  THE  PURPOSES  OF  THIS SECTION, THE EMPLOYEE MUST BE A LEGAL
RESIDENT OF THE STATE FOR THE PERIOD OF TIME HE OR SHE WAS  DEPLOYED  TO
ACTIVE MILITARY DUTY.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective  immediately
the  commissioner of labor is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement  this
act on its effective date on or before such date.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06118-01-3