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

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.