Authorizes paid leave for certain police and peace officers who are absent on military duty for a specified period of time.
BILL NUMBER: S4299
TITLE OF BILL : An act to amend the military law, in relation to authorizing additional paid leave for certain police and peace officers who are absent on military duty
PURPOSE : This legislation will expand, from 30 to 45 days, the number of days for which police and peace officers can receive their salary during periods that they are called to active military duty.
SUMMARY OF PROVISIONS : Section 1 amends § 242 of the Military Law, to provide that every police officer and peace officer employed by New York State shall receive his or her full salary for up to either 45 days or 32 working days, whichever is greater, during those periods that the officer is called to active military duty.
Section 2 establishes an effective date.
EXISTING LAW : Current law provides that police and peace officers employed by New York State are paid their salary for up to 30 days of active military duty.
JUSTIFICATION : The call to duty for the ongoing hostilities in Afghanistan and Iraq has been answered in the past few years, in part, by men and women who work as police and peace officers. These men and women not only serve to protect their communities on a daily basis but they also have taken the charge to serve our Nation in the current conflicts in foreign lands.
LEGISLATIVE HISTORY :; 2005-06: Passed Senate; Died in Assembly Government Employees
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4299 2009-2010 Regular Sessions IN SENATE April 21, 2009 ___________Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs AN ACT to amend the military law, in relation to authorizing additional paid leave for certain police and peace officers who are absent on military duty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 242 of the military law, as amended by chapter 161 of the laws of 1984, is amended to read as follows: 5. Pay for military duty. (A) Every public officer or employee, EXCEPT POLICE OFFICERS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW WHO ARE EMPLOYED BY THE STATE AND PEACE OFFI- CERS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WHO ARE EMPLOYED BY THE STATE WHO SHALL BE SUBJECT TO THE PROVISIONS OF PARA- GRAPH (B) OF THIS SUBDIVISION, shall be paid his OR HER salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty, not exceeding a total of thirty days or twenty-two working days, whichever is greater, in any one calendar year and not exceeding thirty days or twenty-two working days, whichever is greater, in any one continuous period of such absence. (B) EVERY POLICE OFFICER DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW WHO IS EMPLOYED BY THE STATE AND EVERY PEACE OFFICER DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WHO IS EMPLOYED BY THE STATE SHALL BE PAID HIS OR HER SALARY FOR ANY AND ALL PERIODS OF ABSENCE WHILE ENGAGED IN THE PERFORMANCE OF ORDERED MILITARY DUTY, AND WHILE GOING TO AND RETURNING FROM SUCH DUTY, NOT EXCEEDING A TOTAL OF FORTY DAYS OR THIRTY-TWO WORKING DAYS, WHICHEVER ISEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03788-01-9 S. 4299 2
GREATER, IN ANY ONE CALENDAR YEAR AND NOT EXCEEDING FORTY DAYS OR THIR- TY-TWO WORKING DAYS, WHICHEVER IS GREATER, IN ANY ONE CONTINUOUS PERIOD OF SUCH ABSENCE. S 2. This act shall take effect immediately.