S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5401
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 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:
 
   Section  1. Section 317 of the military law is amended by adding a new
 subdivision 4-a to read as follows:
    4-A. THE BENEFITS, RIGHTS AND PRIVILEGES GRANTED TO  PERSONS  IN  THE
 MILITARY SERVICE BY THIS SECTION SHALL BE EXTENDED AND APPLICABLE TO ANY
 PERSON  WHO  IS  EMPLOYED IN THIS STATE BUT WHO IS A RESIDENT OF ANOTHER
 STATE AND A MEMBER OF SUCH STATE'S ORGANIZED MILITIA  CALLED  TO  ACTIVE
 SERVICE  BY  THE  GOVERNOR  OF THE STATE IN WHICH THEY RESIDE; PROVIDED,
 HOWEVER, THAT SUCH PROVISIONS SHALL ONLY APPLY IF  THE  STATE  IN  WHICH
 SUCH PERSON RESIDES PROVIDES A RECIPROCAL GRANT OF SUCH BENEFITS, RIGHTS
 AND  PRIVILEGES TO PERSONS EMPLOYED IN SUCH STATE WHO ARE MEMBERS OF NEW
 YORK'S ORGANIZED MILITIA WHEN CALLED TO ACTIVE SERVICE BY  THE  GOVERNOR
 OF NEW YORK STATE.
   §  2.  Paragraph  (a)  of subdivision 1 of section 243 of the military
 law, as added by chapter 420 of the laws of 1953, is amended to read  as
 follows:
   (a)  (I)  The term "public employee" shall mean an officer or employee
 holding a position by appointment or employment in the state of New York
 or in the cities, counties, towns, villages or school districts thereof,
 or in any other political or civil division of the state or of a munici-
 pality, or in any public or special district, or in the service  of  any
 public authority, public benefit corporation, commission or board, or in
 any other branch of the public service.
    (II)  THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY PERSON WHO IS
 EMPLOYED IN THIS STATE BUT WHO IS A RESIDENT  OF  ANOTHER  STATE  AND  A
 MEMBER OF SUCH STATE'S ORGANIZED MILITIA CALLED TO ACTIVE SERVICE BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04620-01-7

 A. 5401                             2
 
 GOVERNOR OF THE STATE IN WHICH THEY RESIDE; PROVIDED, HOWEVER, THAT SUCH
 PROVISIONS  SHALL  ONLY  APPLY IF THE STATE IN WHICH SUCH PERSON RESIDES
 PROVIDES A RECIPROCAL GRANT OF SUCH BENEFITS, RIGHTS AND  PRIVILEGES  TO
 PERSONS  EMPLOYED  BY SUCH STATE WHO ARE MEMBERS OF NEW YORK'S ORGANIZED
 MILITIA WHEN CALLED TO ACTIVE SERVICE BY THE GOVERNOR OF NEW YORK STATE.
   § 3. This act shall take effect immediately.