S T A T E O F N E W Y O R K
________________________________________________________________________
9533
I N A S S E M B L Y
March 12, 2012
___________
Introduced by M. of A. MENG -- read once and referred to the Committee
on Governmental Operations
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:
1 Section 1. The executive law is amended by adding a new section 192 to
2 read as follows:
3 S 192. SENSITIVITY TRAINING PROGRAM; MILITARY SERVICE. 1. FOR PURPOSES
4 OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
5 A. "SENSITIVITY TRAINING PROGRAM" SHALL MEAN A PROGRAM DESIGNED TO
6 DEVELOP A PERSON'S AWARENESS AND UNDERSTANDING OF HIM OR HER SELF, OTHER
7 INDIVIDUALS AND THE RELATIONSHIP BETWEEN THE TWO, INCLUDING THE AWARE-
8 NESS AND UNDERSTANDING OF SUCH PERSON'S PREJUDICES AND INTOLERANCE
9 TOWARD OTHERS.
10 B. "NEW YORK NATIONAL GUARD" SHALL HAVE THE SAME MEANING AS SUCH TERM
11 IS DEFINED IN SUBDIVISION ONE OF SECTION ONE OF THE MILITARY LAW.
12 C. "THE NAVAL MILITIA" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
13 DEFINED IN SUBDIVISION TWO OF SECTION ONE OF THE MILITARY LAW.
14 D. "FORCE OF THE ORGANIZED MILITIA" SHALL HAVE THE SAME MEANING AS
15 SUCH TERM IS DEFINED IN SUBDIVISION NINE OF SECTION ONE OF THE MILITARY
16 LAW.
17 E. "MILITARY SERVICE OF THE STATE" SHALL HAVE THE SAME MEANING AS SUCH
18 TERM IS DEFINED IN SUBDIVISION FIVE OF SECTION ONE OF THE MILITARY LAW.
19 F. "ACTIVE MILITARY SERVICE OF THE UNITED STATES" SHALL HAVE THE SAME
20 MEANING AS SUCH TERM IS DEFINED IN SUBDIVISION EIGHT OF SECTION ONE OF
21 THE MILITARY LAW.
22 2. THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED AND
23 DIRECTED TO DEVELOP AND IMPLEMENT A SENSITIVITY TRAINING PROGRAM FOR
24 EVERY PERSON IN ACTIVE SERVICE WITH THE NEW YORK NATIONAL GUARD, THE
25 NAVAL MILITIA, OR ANY OTHER FORCE OF THE ORGANIZED MILITIA, OR WHO IS
26 OTHERWISE IN THE MILITARY SERVICE OF THE STATE, AND ANY EMPLOYEE OF THE
27 DIVISION OF MILITARY AND NAVAL AFFAIRS THAT THE ADJUTANT GENERAL SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14425-01-2
A. 9533 2
1 REQUIRE. SUCH DIVISION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
2 NECESSARY TO IMPLEMENT SUCH PROGRAM, PROVIDED, THAT:
3 A. SUCH PROGRAM SHALL BE ATTENDED BY EVERY PERSON OR EMPLOYEE SUBJECT
4 TO THE PROVISIONS OF THIS SECTION WITHIN SIX MONTHS AFTER THE EFFECTIVE
5 DATE OF THIS SECTION;
6 B. ANY SUCH PERSON OR EMPLOYEE WHO IS FIRST APPOINTED, ENLISTED OR
7 EMPLOYED TO SERVE IN ANY SUCH ORGANIZATION OR WORK IN SUCH DIVISION
8 SHALL ATTEND SUCH TRAINING PROGRAM WITHIN SIXTY DAYS OF SUCH APPOINT-
9 MENT, ENLISTMENT OR EMPLOYMENT; AND
10 C. EVERY PERSON OR EMPLOYEE SUBJECT TO THE PROVISIONS OF THIS SECTION
11 SHALL PERIODICALLY RECEIVE SUCH TRAINING, PROVIDED THAT SUCH PERIOD
12 SHALL NOT EXCEED TWO YEARS.
13 3. TO THE EXTENT PRACTICABLE AND NOT INCONSISTENT WITH FEDERAL LAW,
14 EVERY RESIDENT OF THIS STATE WHO IS IN ACTIVE MILITARY SERVICE OF THE
15 UNITED STATES SHALL ATTEND THE SENSITIVITY TRAINING PROGRAM REQUIRED BY
16 THIS SECTION.
17 S 2. Severability. If any clause, sentence, paragraph, section of part
18 of this act shall be adjudged by any court of competent jurisdiction to
19 be invalid, the judgment shall not affect, impair, or invalidate the
20 remainder thereof, but shall be confined in its operation to the clause,
21 sentence, paragraph, section or part thereof directly involved in the
22 controversy in which the judgment shall have been rendered.
23 S 3. This act shall take effect on the one hundred twentieth day after
24 it shall have become a law; provided, however, that effective immediate-
25 ly, the addition, amendment and/or repeal of any rule or regulation
26 necessary for the implementation of this act on its effective date is
27 authorized to be made and completed on or before such date.