A09783 Summary:

BILL NOA09783
 
SAME ASSAME AS S06917
 
SPONSORDenDekker
 
COSPNSR
 
MLTSPNSR
 
Amd 317 & 243, Mil L
 
Provides a right of reemployment for persons who reside in another state who are ordered to military service within New York state, if the state of residence provides a like protection.
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A09783 Actions:

BILL NOA09783
 
04/08/2016referred to governmental employees
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A09783 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9783
 
SPONSOR: DenDekker
  TITLE OF BILL: An act to amend the military law, in relation to reem- ployment of members of an organized militia called to military service   PURPOSE OR GENERAL IDEA OF BILL: This legislation would allow job protection for both New York state public and private employees who live outside of New York and are deployed as a member of their State's organized militia.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 317 of the military law to allow for job protection for private employees who live outside of New York and are deployed as a member of their State's organized militia. Section 2 amends section 243 of the military law to allow for job protection for those public employees who live outside of New York and are deployed as a member of their State's organized militia. Section 3 is the effective date.   JUSTIFICATION: Current New York State law allows for job protection for New York state residents employed within New York when they are called to active duty by the Governor. This legislation seeks to ensure job protection for those individuals employed in New York but who reside out of State and serve out of State. New York law should not discriminate against employ- ees based on whether or not they live in or out of New York. All indi- viduals who work inside this State and serve as a member of a State's National Guard are deserving of job protection when called to active duty. This legislation seeks to ensure that these protections exist.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A09783 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9783
 
                   IN ASSEMBLY
 
                                      April 8, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Governmental Employees
 
        AN ACT to amend the military law, in relation to reemployment of members
          of an organized militia called to military service
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 317 of the military law is amended by adding a new
     2  subdivision 4-a to read as follows:
     3     4-a. The benefits, rights and privileges granted to  persons  in  the
     4  military service by this section shall be extended and applicable to any
     5  person  who  is  employed in this state but who is a resident of another
     6  state and a member of such state's organized militia  called  to  active
     7  service  by  the  governor  of the state in which they reside; provided,
     8  however, that such provisions shall only apply if  the  state  in  which
     9  such person resides provides a reciprocal grant of such benefits, rights
    10  and  privileges to persons employed in such state who are members of New
    11  York's organized militia when called to active service by  the  governor
    12  of New York state.
    13    §  2.  Paragraph  (a)  of subdivision 1 of section 243 of the military
    14  law, as added by chapter 420 of the laws of 1953, is amended to read  as
    15  follows:
    16    (a)  (i)  The term "public employee" shall mean an officer or employee
    17  holding a position by appointment or employment in the state of New York
    18  or in the cities, counties, towns, villages or school districts thereof,
    19  or in any other political or civil division of the state or of a munici-
    20  pality, or in any public or special district, or in the service  of  any
    21  public authority, public benefit corporation, commission or board, or in
    22  any other branch of the public service.
    23     (ii)  The provisions of this section shall apply to any person who is
    24  employed in this state but who is a resident  of  another  state  and  a
    25  member of such state's organized militia called to active service by the
    26  governor of the state in which they reside; provided, however, that such
    27  provisions  shall  only  apply if the state in which such person resides
    28  provides a reciprocal grant of such benefits, rights and  privileges  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14454-04-6

        A. 9783                             2
 
     1  persons  employed  by such state who are members of New York's organized
     2  militia when called to active service by the governor of New York state.
     3    § 3. This act shall take effect immediately.
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