S T A T E O F N E W Y O R K
________________________________________________________________________
1951
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
___________
Introduced by M. of A. CASTELLI, ORTIZ, BURLING, SALADINO, FINCH,
MONTESANO -- Multi-Sponsored by -- M. of A. BARCLAY, HAWLEY, MOLINARO,
WEISENBERG -- read once and referred to the Committee on Higher Educa-
tion
AN ACT to amend the military law and the education law, in relation to
providing a recruitment incentive and retention program for certain
active members of the New York army national guard, New York air
national guard, and New York naval militia; to amend chapter 268 of
the laws of 1996, amending the education law and the state finance law
relating to providing a recruitment incentive and retention program
for certain active members of the New York army national guard, New
York air national guard, and New York naval militia, in relation to
the effectiveness thereof; to amend the military law and the state
finance law, in relation to creating the veterans recruiter assistance
program; to amend the labor law, in relation to allowing state, county
and municipal employees to be compensated for up to 49 days of mili-
tary deployment per year; to amend the military law, in relation to
the service credit time of military personnel; to amend the real prop-
erty tax law, in relation to veteran eligibility for real property tax
exemptions; and providing for the repeal of certain provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "service
members recruitment and retention act of 2011".
S 2. The military law is amended by adding a new article 14 to read as
follows:
ARTICLE XIV
MILITARY PERSONNEL TUITION ASSISTANCE
SECTION 400. RECRUITMENT INCENTIVE AND RETENTION PROGRAM FOR MEMBERS OF
THE NEW YORK STATE ORGANIZED MILITIA.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05626-01-1
A. 1951 2
S 400. RECRUITMENT INCENTIVE AND RETENTION PROGRAM FOR MEMBERS OF THE
NEW YORK STATE ORGANIZED MILITIA. THE DIVISION OF MILITARY AND NAVAL
AFFAIRS IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE LAWFULLY
AVAILABLE FROM ANY OTHER SOURCE, TO ESTABLISH A RECRUITMENT INCENTIVE
AND RETENTION PROGRAM. SUCH PROGRAM, AS ESTABLISHED PURSUANT TO SECTION
SIX HUNDRED SIXTY-NINE-B OF THE EDUCATION LAW, SHALL BE FOR THE PURPOSE
OF REWARDING MEMBERS OF THE NEW YORK STATE ORGANIZED MILITIA WITH A
PUBLIC BENEFIT OF TUITION ASSISTANCE IN THE FURTHERANCE OF THEIR EDUCA-
TION.
S 3. Paragraphs b, e and f of subdivision 2 of section 669-b of the
education law, as added by chapter 268 of the laws of 1996, are amended
to read as follows:
b. The term "degree producing curriculum" shall mean a series of
courses programmed to culminate in a specific post-secondary degree,
GRADUATE DEGREE or diploma when successfully completed.
e. The term "part-time study" shall mean enrollment in an approved
post-secondary degree, OR GRADUATE DEGREE program for at least six but
less than twelve semester hours, or the equivalent per semester, or at
least four but less than eight semester hours per quarter in an institu-
tion.
f. The term "institution" shall mean any institution of higher educa-
tion recognized and approved by the regents or the university of the
state of New York which provides a course of study leading to the grant-
ing of a post-secondary degree, GRADUATE DEGREE or diploma.
S 4. Subdivisions 5 and 7 of section 669-b of the education law, as
added by chapter 268 of the laws of 1996, are amended to read as
follows:
5. Any active member who currently possesses a [baccalaureate] DOCTOR-
ATE degree or higher is ineligible for participation in the recruitment
incentive program provided by this section.
7. Upon the recipient's attainment of [a baccalaureate] THE EDUCA-
TIONAL degree or cessation of status as an active member, whichever
occurs first, the benefit provided by this section shall be discontin-
ued. The tuition benefit provided by this section may be suspended at
the direction of the division of military and naval affairs for a recip-
ient's failure to maintain good military standing as an active member,
for the failure to maintain good academic progress and program pursuit,
or for the failure to maintain sufficient academic standing to retain
eligibility for any other financial assistance the recipient may be
receiving.
S 5. Section 5 of chapter 268 of the laws of 1996, amending the educa-
tion law and the state finance law relating to providing a recruitment
incentive and retention program for certain active members of the New
York army national guard, New York air national guard, and New York
naval militia, as amended by section 1 of part B of chapter 56 of the
laws of 2005, is amended to read as follows:
S 5. This act shall take effect January 1, 1997 [and shall expire and
be deemed repealed March 31, 2011; provided that any person who has
begun to receive the benefits of this act prior to its expiration and
repeal shall be entitled to continue to receive the benefits of this act
after its expiration and repeal until completion of a baccalaureate
degree or cessation of status as an active member, whichever occurs
first].
S 6. The military law is amended by adding a new section 262-a to read
as follows:
A. 1951 3
S 262-A. VETERANS RECRUITER ASSISTANTS PROGRAM FOR THE NEW YORK
NATIONAL GUARD. 1. THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHOR-
IZED, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE LAWFULLY AVAILABLE FROM
ANY SOURCE, TO ESTABLISH A VETERANS RECRUITER ASSISTANTS PROGRAM FOR THE
NEW YORK NATIONAL GUARD.
2. THE TERM "NEW YORK NATIONAL GUARD" SHALL MEAN THE NEW YORK ARMY
NATIONAL GUARD AND THE NEW YORK AIR NATIONAL GUARD.
3. A RECRUITING INCENTIVE AWARD NOT TO EXCEED FIVE HUNDRED DOLLARS
SHALL BE PAID BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS TO ANY
VETERAN WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OF THE UNITED
STATES UNDER CONDITIONS OTHER THAN DISHONORABLE AND WHO FACILITATES THE
FIRST-TIME ENLISTMENT OF A QUALIFIED CANDIDATE INTO THE NEW YORK
NATIONAL GUARD. ONE-HALF OF THE RECRUITING INCENTIVE AWARD WILL BE PAID
TO THE RECRUITING VETERAN AT THE TIME OF THE FIRST-TIME ENLISTMENT OF
THE RECRUITED CANDIDATE INTO THE NEW YORK NATIONAL GUARD. THE REMAINING
ONE-HALF OF THE AWARD WILL BE PAID TO THE RECRUITING VETERAN AT THE TIME
THE ENLISTED RECRUIT BEGINS INITIAL ENTRY TRAINING, ALSO KNOWN AS BASIC
MILITARY TRAINING.
4. UNLESS OTHERWISE PROVIDED FOR IN THIS SECTION, ELIGIBILITY FOR THE
VETERANS RECRUITING INCENTIVE PROVIDED BY THIS SECTION SHALL BE DETER-
MINED BY THE ADJUTANT GENERAL OF NEW YORK STATE WHO SHALL PROMULGATE
SUCH ADMINISTRATIVE RULES AND PROCEDURES AS ARE NECESSARY TO IMPLEMENT
THE RECRUITING INCENTIVE PROVIDED UNDER THIS SECTION.
S 7. The state finance law is amended by adding a new section 91-h to
read as follows:
S 91-H. VETERANS RECRUITER ASSISTANTS PROGRAM ACCOUNT. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT IN THE MISCELLANEOUS
SPECIAL REVENUE FUND TO BE KNOWN AS THE VETERANS RECRUITER ASSISTANTS
PROGRAM ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED FROM CONTRIB-
UTIONS, DONATIONS AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
MAY BE EXPENDED FOR THE VETERANS RECRUITER ASSISTANTS PROGRAM FOR THE
NEW YORK NATIONAL GUARD ESTABLISHED PURSUANT TO SECTION TWO HUNDRED
SIXTY-TWO-A OF THE MILITARY LAW. MONEYS SHALL BE PAID OUT OF THE ACCOUNT
ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED
OR APPROVED BY THE ADJUTANT GENERAL OF NEW YORK STATE.
S 8. The division of military and naval affairs shall report on the
operation and subsequent effectiveness of the program created by section
six of this act, one year after it shall have become law and annually
thereafter to the governor, temporary president of the senate and the
speaker of the assembly.
S 9. The labor law is amended by adding a new section 194-a to read as
follows:
S 194-A. PAY ALLOWANCES FOR TIME SPENT ON MILITARY DUTY; DEDUCTION OF
VACATION TIME PROHIBITED. 1. ALL STATE EMPLOYEES WHO ARE MEMBERS OF THE
ORGANIZED RESERVE OF THE UNITED STATES ARMED FORCES, INCLUDING THE
NATIONAL GUARD OF THIS STATE, SHALL BE ALLOWED FULL PAY FOR ALL TIME NOT
IN EXCESS OF FORTY-NINE DAYS PER YEAR SPENT ON DUTY IN CONNECTION WITH
RESERVE TRAINING AND INSTRUCTION REQUIREMENTS OF THE ARMED FORCES OF THE
UNITED STATES, INCLUDING THE NATIONAL GUARD OF THIS STATE. THIS LEAVE
SHALL BE IN ADDITION TO ANY ANNUAL VACATION LEAVE WITH PAY TO WHICH AN
EMPLOYEE MAY BE ENTITLED.
A. 1951 4
2. ALL COUNTY AND MUNICIPAL EMPLOYEES WHO ARE MEMBERS OF THE ORGANIZED
RESERVE OF THE UNITED STATES ARMED FORCES, INCLUDING THE NATIONAL GUARD
OF THIS STATE, SHALL BE ALLOWED FULL PAY FOR ALL TIME NOT IN EXCESS OF
FORTY-NINE DAYS PER YEAR SPENT ON DUTY IN CONNECTION WITH RESERVE TRAIN-
ING AND INSTRUCTION REQUIREMENTS OF THE ARMED FORCES OF THE UNITED
STATES, INCLUDING THE NATIONAL GUARD OF THIS STATE. THIS LEAVE SHALL BE
AT THE DISCRETION OF THE EMPLOYING COUNTY OR MUNICIPALITY AND SHALL BE
IN ADDITION TO ANY ANNUAL VACATION LEAVE WITH PAY TO WHICH AN EMPLOYEE
MAY BE ENTITLED.
S 10. The military law is amended by adding a new section 244-b to
read as follows:
S 244-B. PENSION CREDIT DURING ACTIVE DUTY. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY PERSON, WHO IS A MEMBER OF ANY
PUBLIC RETIREMENT SYSTEM OF THE STATE, CALLED UP FOR ACTIVE DUTY SERVICE
AS A MEMBER OF THE:
A. NAVAL MILITIA;
B. NEW YORK STATE GUARD;
C. NEW YORK NATIONAL GUARD;
D. RESERVES; OR
E. UNITED STATES ARMY, NAVY, MARINES, AIR FORCE, OR COAST GUARD,
DURING ANY PERIOD FROM SEPTEMBER ELEVENTH, TWO THOUSAND ONE TO THE PRES-
ENT TIME, SHALL BE AWARDED FULL PENSION CREDIT, FOR ALL TIME SO EMPLOYED
ON ACTIVE DUTY, AS IF SUCH PERSON WAS EMPLOYED FULL TIME IN THEIR PUBLIC
EMPLOYMENT, DURING THE TIME OF SUCH ACTIVE DUTY SERVICE, REGARDLESS OF
WHETHER SUCH PERSON RECEIVES ANY WAGES OR SALARY INCOME FROM SUCH PUBLIC
EMPLOYMENT DURING SUCH ACTIVE DUTY SERVICE.
S 11. Subdivision 2 of section 458-a of the real property tax law is
amended by adding a new paragraph (b-1) to read as follows:
(B-1) EACH COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW TO
AUTHORIZE VETERANS WHO HAVE NOT BEEN DISCHARGED OR RELEASED FROM A
CURRENT, SUBSEQUENT MILITARY SERVICE PERIOD, BUT OTHERWISE QUALIFY FOR
BOTH EXEMPTIONS PROVIDED FOR BY PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION, TO RECEIVE BOTH EXEMPTIONS.
S 12. This act shall take effect immediately, provided, however, that
the provisions of sections six, seven and eight of this act shall expire
and be deemed repealed five years after the date on which they shall
have become a law.