|SAME AS||SAME AS S06917|
|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.|
|04/08/2016||referred to governmental employees|
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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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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. LBD14454-04-6A. 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.