Bill Text: NY A00466 | 2009-2010 | General Assembly | Amended
Bill Title: Establishes the "time off for democracy act"; requires employers to permit up to two hours off with pay to vote and permits employees to take a full day off, without pay, to serve as an election official.
Spectrum: Moderate Partisan Bill (Democrat 12-3)
Status: (Introduced - Dead) 2010-03-22 - print number 466a [A00466 Detail]
Download: New_York-2009-A00466-Amended.html
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:
1 Section 1. Short title. This act shall be known as the "time off for
2 democracy act."
3 S 2. Legislative findings and purpose. The legislature hereby finds
4 and declares that:
5 1. Thousands of citizens are not participating in elections because
6 job requirements keep them from the polls.
7 2. Broad participation in elections is essential to a healthy democra-
8 cy.
9 3. In order to make it possible for more citizens to participate in
10 elections, the state needs to clearly establish the rights of citizens
11 to take time off to participate in elections.
12 The purpose of this law is to encourage greater citizen participation
13 in the democratic process.
14 S 3. The labor law is amended by adding a new article 32 to read as
15 follows:
16 ARTICLE 32
17 TIME OFF FOR DEMOCRACY ACT
18 SECTION 930. TIME OFF ON ELECTION DAY.
19 931. 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
1 932. ENFORCEMENT.
2 S 930. TIME OFF ON ELECTION DAY. 1. ON THE DAY OF A FEDERAL, STATE OR
3 LOCAL ELECTION, AN EMPLOYEE ELIGIBLE TO VOTE IN THAT ELECTION IS ENTI-
4 TLED TO TAKE UP TO TWO HOURS OFF WORK, WITHOUT LOSS OF PAY, IN ORDER TO
5 VOTE. THE EMPLOYER MAY LIMIT SUCH TIME OFF TO THE HOURS AT THE BEGINNING
6 OR END OF THE WORKDAY, AND MAY REQUIRE THE EMPLOYEE TO PRODUCE SOME
7 PROOF OF VOTING IN ORDER TO RECEIVE PAY FOR THAT TIME OFF.
8 2. AFTER GIVING AT LEAST SEVEN DAYS NOTICE TO AN EMPLOYER, AN EMPLOYEE
9 SHALL BE ENTITLED TO TAKE OFF WORK FOR THE ENTIRE DAY, WITHOUT PAY, ON
10 THE DAY OF A FEDERAL, STATE OR LOCAL ELECTION IN ORDER TO SERVE AS AN
11 ELECTION OFFICER OR POLL WATCHER, OR TO CAMPAIGN FOR ANY CANDIDATE OR
12 BALLOT MEASURE.
13 3. NO EMPLOYER SHALL REFUSE AN EMPLOYEE THE RIGHT TO TAKE TIME OFF ON
14 ELECTION DAY PURSUANT TO THIS SECTION, OR DISCHARGE OR THREATEN TO
15 DISCHARGE AN EMPLOYEE OR SUBJECT AN EMPLOYEE TO A PENALTY, BECAUSE THE
16 EMPLOYEE TRIES TO EXERCISE OR ENFORCE THIS RIGHT.
17 S 931. NOTICE TO EMPLOYEES. DURING THE FOURTEEN DAY PERIOD BEFORE
18 EVERY STATEWIDE ELECTION, EVERY EMPLOYER SHALL KEEP POSTED CONSPICUOUSLY
19 AT THE PLACE OF WORK, IF PRACTICABLE, OR ELSEWHERE WHERE IT CAN BE SEEN
20 AS EMPLOYEES COME OR GO TO THEIR PLACE OF WORK, A NOTICE SETTING FORTH
21 EMPLOYEES' RIGHTS UNDER THIS ARTICLE TO TAKE TIME OFF ON ELECTION DAY.
22 S 932. ENFORCEMENT. 1. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO
23 ENFORCE THIS ARTICLE.
24 2. AN AGGRIEVED EMPLOYEE MAY FILE AN ACTION WITH A COURT OF COMPETENT
25 JURISDICTION IN ORDER TO ENFORCE THE EMPLOYEE'S RIGHTS UNDER THIS ARTI-
26 CLE.
27 S 4. This act shall take effect July 1, 2011.
