Bill Text: NY S06822 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes civilian cyber security reserve forces within the New York state militia to be capable of being expanded and trained to educate and protect state, county, and local government entities, critical infrastructure, including election systems, businesses and citizens of the state from cyber attacks; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S06822 Detail]
Download: New_York-2019-S06822-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6822 2019-2020 Regular Sessions IN SENATE October 30, 2019 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the military law, in relation to establishing the civil- ian cyber security reserve forces The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 2 of the military law, as amended 2 by chapter 731 of the laws of 1958, is amended to read as follows: 3 1. The militia of the state shall be divided into the organized mili- 4 tia, the state reserve list, the state retired list and the unorganized 5 militia. The organized militia shall be composed of the New York army 6 national guard; the New York air national guard; the inactive national 7 guard; the civilian cyber security reserve forces; the New York naval 8 militia; the New York guard whenever such a state force shall be duly 9 organized and such additional forces as may be created by the governor. 10 § 2. The military law is amended by adding a new article 14 to read as 11 follows: 12 ARTICLE 14 13 CIVILIAN CYBER SECURITY RESERVE FORCES 14 Section 350. Civilian cyber security reserve forces. 15 351. Rules and regulations; civilian cyber security reserve 16 forces. 17 352. Equipment. 18 353. Restrictions. 19 354. Membership. 20 355. New York code of military justice. 21 356. Resignation. 22 357. Governor's role. 23 § 350. Civilian cyber security reserve forces. 1. The governor shall 24 organize and maintain within this state, on a reserve basis, civilian 25 cyber security reserve forces capable of being expanded and trained to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14089-01-9S. 6822 2 1 educate and protect state, county, and local government entities, crit- 2 ical infrastructure, including election systems, businesses, and citi- 3 zens of this state from cyber attacks. In the case of an emergency 4 proclaimed by the governor, or caused by illicit actors or imminent 5 danger, the governor, as commander-in-chief, shall expand the reserve as 6 the exigency of the occasion requires. 7 2. The reserve shall be a part of the New York organized militia under 8 the adjutant general's department. The reserve shall be known as the New 9 York cyber reserve. The adjutant general shall establish and may revise, 10 the rates of pay for reserve members when called to state active duty. 11 While performing any drill or training, reserve members shall serve in 12 an unpaid volunteer status. When called to state active duty by the 13 governor, reserve members shall function as civilian members of the 14 organized militia. 15 § 351. Rules and regulations; civilian cyber security reserve forces. 16 The governor may adopt rules and regulations consistent with the 17 provisions of law governing the membership, organization, adminis- 18 tration, equipment, and maintenance of the New York cyber reserve. A 19 copy of the rules and regulations shall be available to the public in 20 the adjutant general's office. 21 § 352. Equipment. The governor may requisition from the United States 22 department of defense, for the use of the New York cyber reserve, equip- 23 ment that may be in the possession and can be furnished by the depart- 24 ment, and make available to the reserve the facilities of state armories 25 and equipment and other state premises and property that may be avail- 26 able. 27 § 353. Restrictions. This article shall not authorize the New York 28 cyber reserve, or any part thereof, to be called or ordered into the 29 military service of the Unites States. The reserve may become a civilian 30 component of the New York national guard. 31 § 354. Membership. 1. No person shall be accepted into the New York 32 cyber reserve who is not a United States national or a lawful permanent 33 resident, or who has been expelled or dishonorably discharged from the 34 armed forces. Applicants shall be subject to an appropriate background 35 check, in accordance with rules and regulations adopted by the governor 36 and adjutant general before admittance into the reserve. 37 2. Notwithstanding any other provision of this chapter, no person 38 shall be disqualified from acceptance into the New York cyber reserve on 39 the basis that the person is an employee of the state or a political 40 subdivision of the state, or an employee or proprietor of a private 41 entity that conducts business with the state or a political subdivision 42 of the state. 43 § 355. New York code of military justice. Whenever the New York cyber 44 reserve, or any part thereof, is ordered out for active service by the 45 governor, the New York code of military justice shall be in full force 46 with respect to those forces. 47 § 356. Resignation. 1. The governor may accept the resignation of any 48 New York cyber reserve member at any time. Reserve members serve at the 49 pleasure of the governor and may be removed from the reserve in accord- 50 ance with rules and regulations adopted under article seven of this 51 chapter. 52 2. The governor may require reimbursement for training, equipment, and 53 uniforms if a New York cyber reserve member does not serve the full term 54 of the member's membership agreement and the inability to serve out the 55 term of the membership agreement was not due to disability or similar 56 disabling medical condition.S. 6822 3 1 § 357. Governor's role. 1. The governor, as commander-in-chief of the 2 organized militia, may order individuals or units of the New York cyber 3 reserve to state active duty to protect state, county, and local govern- 4 ment entities and critical infrastructure, including election systems, 5 or for training as the governor determines necessary. The governor, upon 6 the request of a business or citizen, also may order individuals or 7 units of the New York cyber reserve to state active duty to protect such 8 business or citizen. 9 2. When ordered by the governor to perform duty or training under this 10 article, members of the New York cyber reserve shall have the same 11 protections afforded by the "Servicemembers Civil Relief Act," Pub. L. 12 No. 108-189, 50 U.S.C. 3901-4043, and by the "Uniformed Services Employ- 13 ment and Reemployment Rights Act," 108 Stat. 3149, 38 U.S.C. 4301-4333. 14 § 3. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law. Effective immediately, the addition, amend- 16 ment and/or repeal of any rule or regulation necessary for the implemen- 17 tation of this act on its effective date are authorized to be made and 18 completed on or before such effective date.
