S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 17, 2013
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to establishing a sensi-
tivity training program for persons in active military service of the
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 192 to
read as follows:
S 192. SENSITIVITY TRAINING PROGRAM; MILITARY SERVICE. 1. FOR PURPOSES
OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "SENSITIVITY TRAINING PROGRAM" SHALL MEAN A PROGRAM DESIGNED TO
DEVELOP A PERSON'S AWARENESS AND UNDERSTANDING OF HIM OR HER SELF, OTHER
INDIVIDUALS AND THE RELATIONSHIP BETWEEN THE TWO, INCLUDING THE AWARE-
NESS AND UNDERSTANDING OF SUCH PERSON'S PREJUDICES AND INTOLERANCE
B. "NEW YORK NATIONAL GUARD" SHALL HAVE THE SAME MEANING AS SUCH TERM
IS DEFINED IN SUBDIVISION ONE OF SECTION ONE OF THE MILITARY LAW.
C. "THE NAVAL MILITIA" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
DEFINED IN SUBDIVISION TWO OF SECTION ONE OF THE MILITARY LAW.
D. "FORCE OF THE ORGANIZED MILITIA" SHALL HAVE THE SAME MEANING AS
SUCH TERM IS DEFINED IN SUBDIVISION NINE OF SECTION ONE OF THE MILITARY
E. "MILITARY SERVICE OF THE STATE" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN SUBDIVISION FIVE OF SECTION ONE OF THE MILITARY LAW.
F. "ACTIVE MILITARY SERVICE OF THE UNITED STATES" SHALL HAVE THE SAME
MEANING AS SUCH TERM IS DEFINED IN SUBDIVISION EIGHT OF SECTION ONE OF
THE MILITARY LAW.
2. THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED AND
DIRECTED TO DEVELOP AND IMPLEMENT A SENSITIVITY TRAINING PROGRAM FOR
EVERY PERSON IN ACTIVE SERVICE WITH THE NEW YORK NATIONAL GUARD, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 2387 2
NAVAL MILITIA, OR ANY OTHER FORCE OF THE ORGANIZED MILITIA, OR WHO IS
OTHERWISE IN THE MILITARY SERVICE OF THE STATE, AND ANY EMPLOYEE OF THE
DIVISION OF MILITARY AND NAVAL AFFAIRS THAT THE ADJUTANT GENERAL SHALL
REQUIRE. SUCH DIVISION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY TO IMPLEMENT SUCH PROGRAM, PROVIDED, THAT:
A. SUCH PROGRAM SHALL BE ATTENDED BY EVERY PERSON OR EMPLOYEE SUBJECT
TO THE PROVISIONS OF THIS SECTION WITHIN SIX MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION;
B. ANY SUCH PERSON OR EMPLOYEE WHO IS FIRST APPOINTED, ENLISTED OR
EMPLOYED TO SERVE IN ANY SUCH ORGANIZATION OR WORK IN SUCH DIVISION
SHALL ATTEND SUCH TRAINING PROGRAM WITHIN SIXTY DAYS OF SUCH APPOINT-
MENT, ENLISTMENT OR EMPLOYMENT; AND
C. EVERY PERSON OR EMPLOYEE SUBJECT TO THE PROVISIONS OF THIS SECTION
SHALL PERIODICALLY RECEIVE SUCH TRAINING, PROVIDED THAT SUCH PERIOD
SHALL NOT EXCEED TWO YEARS.
3. TO THE EXTENT PRACTICABLE AND NOT INCONSISTENT WITH FEDERAL LAW,
EVERY RESIDENT OF THIS STATE WHO IS IN ACTIVE MILITARY SERVICE OF THE
UNITED STATES SHALL ATTEND THE SENSITIVITY TRAINING PROGRAM REQUIRED BY
S 2. Severability. If any clause, sentence, paragraph, section of part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.