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

                                  2387

                       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
  state

  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
TOWARD OTHERS.
  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
LAW.
  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.
                                                           LBD03060-01-3
              

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
THIS SECTION.
  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.