senate Bill S3005

Provides that the naval militia shall constitute the naval forces of the state of New York

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 12 / Mar / 2013
    • 1ST REPORT CAL.200
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 19 / Mar / 2013
    • PASSED SENATE
  • 19 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 19 / Mar / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Provides that the naval militia shall constitute the naval forces of the state of New York.

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Bill Details

Versions:
S3005
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Military Law
Laws Affected:
Amd ยง1, Mil L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3684
2009-2010: S5767

Sponsor Memo

BILL NUMBER:S3005

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 2
of section 1 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.

JUSTIFICATION: 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: 2010: S.5767 - Passed Senate

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3005

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 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.
                                                           LBD05590-01-3

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