Provides that the naval militia shall constitute the naval forces of the state of New York.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S5767
TITLE OF BILL :
An act to amend the military law, in relation to the definition of naval militia
PURPOSE OR GENERAL IDEA OF BILL :
This bill would amend the definition of naval militia to conform with federal law in recognizing it as constituting the naval forces of the state of New York.
SUMMARY OF SPECIFIC PROVISIONS :
This bill would amend subdivision 1 of section 2 of the military law to amend the definition of naval militia in order to conform with federal law and legally recognize it as constituting the naval forces of the state of New York.
Pursuant to Section 43 of the Military Law, the New York Naval Militia is the naval force of the organized militia. In furtherance of such section it is comprised of the units and personnel forming the naval militia of the state and such other naval units as may be organized including the personnel who are enlisted, appointed or commissioned therein. Ninety-five percent of the persons who are members of the New York naval militia must be members of the United States naval reserve, the United States marine corps reserve or the United States coast guard reserve.
Section 43 further states that the New York naval militia must be commanded by:
(a) an officer of the United States navy or naval reserve who has attained a grade of commander or higher; (b) an officer of the United States marine corps or marine corps reserve who has attained a grade of lieutenant colonel or higher; or (c) an officer of the United States coast guard or coast guard reserve who has attained a grade of commander or higher.
The commanding officer of the New York naval militia must maintain liaison with the United States navy, United States marine corps, United States coast guard, and their reserve components.
Pursuant to federal law, the New York naval militia is also legally recognized as the naval forces of the state of New York.
This bill seeks to specify this fact in the opening definition (subdivision 1 of section 2) of the Military Law, and thereby conform such definition with both federal law and section 43 of the military law.
PRIOR LEGISLATIVE HISTORY :
This is a new bill.
FISCAL IMPLICATIONS :
This bill could have a fiscal benefit for the New York naval militia in conforming its state definition with that recognized in federal law.
EFFECTIVE DATE : This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5767 2009-2010 Regular Sessions IN SENATE June 3, 2009 ___________Introduced by Sens. ADAMS, LEIBELL -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs AN ACT to amend the military law, in relation to the definition of naval militia THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1 of the military law, as amended by chapter 112 of the laws of 1989, is amended to read as follows: 2. The term "naval militia" shall mean the New York naval militia AND SHALL CONSTITUTE THE NAVAL FORCES OF THE STATE OF NEW YORK. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14168-01-9