Bill Text: NY S02698 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S02698 Detail]

Download: New_York-2021-S02698-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2698

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 22, 2021
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07371-01-1
        S. 2698                             2

     1  member of such state's organized militia called to active service by the
     2  governor of the state in which they reside; provided, however, that such
     3  provisions  shall  only  apply if the state in which such person resides
     4  provides  a  reciprocal grant of such benefits, rights and privileges to
     5  persons employed by such state who are members of New  York's  organized
     6  militia when called to active service by the governor of New York state.
     7    § 3. This act shall take effect immediately.