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

                                  1216

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DESTITO, BARRA -- Multi-Sponsored by -- M. of A.
  ALFANO -- read once and referred  to  the  Committee  on  Governmental
  Employees

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03788-01-9

A. 1216                             2

EXCEEDING A TOTAL OF FORTY DAYS OR THIRTY-TWO WORKING DAYS, WHICHEVER IS
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.