What's happening
This bill creates a Civilian Cyber Security Reserve Force within New York's organized militia to help defend against cyber attacks.
Why it matters
Brings civilian cyber expertise into state defense. By establishing a civilian cyber security reserve, the bill enables New York to tap into the skills of private sector professionals and qualified residents, enhancing the state’s ability to respond quickly and effectively to cyber threats.
Protects critical infrastructure and election systems. The reserve can be deployed to defend not just government entities but also businesses, critical infrastructure (like utilities and election systems), and even individual citizens, reflecting the broad and evolving range of cyber threats.
Offers legal and job protections for reservists. Members called to active duty receive employment and civil relief protections similar to those for military servicemembers, reducing barriers for participation and ensuring that their civilian jobs and legal rights are protected during service.
Flexible and rapid response capabilities. The governor has broad authority to expand, activate, and deploy the reserve in emergencies or at the request of entities under threat, ensuring New York can quickly scale up its cyber defenses as needed.
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Who cares
Headline styles
Create Cyber Security Reserves
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to veterans, homeland security and military affairs
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Create Civilian Cyber Reserve
In Assembly Committee · Governmental Operations · Sponsor Michael Cusick
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 civilian cyber security reserve forces
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 2 of the military law, as amended by chapter 731 of the laws of 1958, is amended to read as follows:
1. The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list and the unorganized militia. The organized militia shall be composed of the New York army national guard; the New York air national guard; the inactive national guard; the civilian cyber security reserve forces; the New York naval militia; the New York guard whenever such a state force shall be duly organized and such additional forces as may be created by the governor.
§ 2. The military law is amended by adding a new article 14 to read as follows:
ARTICLE 14
CIVILIAN CYBER SECURITY RESERVE FORCES Section 350. Civilian cyber security reserve forces.
351. Rules and regulations; civilian cyber security reserve
forces.
352. Equipment.
353. Restrictions.
354. Membership.
355. New York code of military justice.
356. Resignation.
357. Governor's role.
§ 350. Civilian cyber security reserve forces. 1. The governor shall organize and maintain within this state, on a reserve basis, civilian 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.
LBD14089-01-9
S. 6822 2
educate and protect state, county, and local government entities, critical infrastructure, including election systems, businesses, and citizens of this state from cyber attacks. In the case of an emergency proclaimed by the governor, or caused by illicit actors or imminent danger, the governor, as commander-in-chief, shall expand the reserve as the exigency of the occasion requires.
2. The reserve shall be a part of the New York organized militia under the adjutant general's department. The reserve shall be known as the New York cyber reserve. The adjutant general shall establish and may revise, the rates of pay for reserve members when called to state active duty. While performing any drill or training, reserve members shall serve in an unpaid volunteer status. When called to state active duty by the governor, reserve members shall function as civilian members of the organized militia.
§ 351. Rules and regulations; civilian cyber security reserve forces. The governor may adopt rules and regulations consistent with the provisions of law governing the membership, organization, administration, equipment, and maintenance of the New York cyber reserve. A copy of the rules and regulations shall be available to the public in the adjutant general's office.
§ 352. Equipment. The governor may requisition from the United States department of defense, for the use of the New York cyber reserve, equipment that may be in the possession and can be furnished by the department, and make available to the reserve the facilities of state armories and equipment and other state premises and property that may be available.
§ 353. Restrictions. This article shall not authorize the New York cyber reserve, or any part thereof, to be called or ordered into the military service of the Unites States. The reserve may become a civilian component of the New York national guard.
§ 354. Membership. 1. No person shall be accepted into the New York cyber reserve who is not a United States national or a lawful permanent resident, or who has been expelled or dishonorably discharged from the armed forces. Applicants shall be subject to an appropriate background check, in accordance with rules and regulations adopted by the governor and adjutant general before admittance into the reserve.
2. Notwithstanding any other provision of this chapter, no person shall be disqualified from acceptance into the New York cyber reserve on the basis that the person is an employee of the state or a political subdivision of the state, or an employee or proprietor of a private entity that conducts business with the state or a political subdivision of the state.
§ 355. New York code of military justice. Whenever the New York cyber reserve, or any part thereof, is ordered out for active service by the governor, the New York code of military justice shall be in full force with respect to those forces.
§ 356. Resignation. 1. The governor may accept the resignation of any New York cyber reserve member at any time. Reserve members serve at the pleasure of the governor and may be removed from the reserve in accordance with rules and regulations adopted under article seven of this chapter.
2. The governor may require reimbursement for training, equipment, and uniforms if a New York cyber reserve member does not serve the full term of the member's membership agreement and the inability to serve out the term of the membership agreement was not due to disability or similar disabling medical condition.
S. 6822 3
§ 357. Governor's role. 1. The governor, as commander-in-chief of the organized militia, may order individuals or units of the New York cyber reserve to state active duty to protect state, county, and local government entities and critical infrastructure, including election systems, or for training as the governor determines necessary. The governor, upon the request of a business or citizen, also may order individuals or units of the New York cyber reserve to state active duty to protect such business or citizen.
2. When ordered by the governor to perform duty or training under this article, members of the New York cyber reserve shall have the same protections afforded by the "Servicemembers Civil Relief Act," Pub. L. No. 108-189, 50 U.S.C. 3901-4043, and by the "Uniformed Services Employment and Reemployment Rights Act," 108 Stat. 3149, 38 U.S.C. 4301-4333.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the military law, in relation to establishing the civil- ian cyber security reserve forces
Purpose
The purpose of this bill is to establish the New York Civilian Cyber
Security Reserve Force within the New York National Guard.
Summary of provisions
Section 1: Creation of the Civilian Cyber Security Reserve Force within the New York National Guard.
Section 2: Requires the Governor to organize and maintain state civilian cyber security reserve forces to protect government, critical infras- tructure, businesses, and citizens from cyber attacks.
* Makes the Reserve part of, and Reserve members civilian volunteers for, the New York organized militia under the Adjutant General's department.
* Permits the Reserve to become a civilian component of the New York National Guard, but does not authorize the Reserve to be called into national military service.
* Prescribes eligibility requirements for Reserve members.
* Requires the Adjutant General to establish Reserve members' rates of pay in state active duty and requires Reserve members to serve in unpaid volunteer status while training.
Justification
Cyber security has become increasingly important in our society as more of our infrastructure and everyday lives are associated with computer- ized technology and a free flow of information over the internet. As such, it is vitally important that New York State, protect itself from unscrupulous entities that seek to steal valuable information or unduly influence our fundamental systems of government.
Prior legislative history
This is a new bill.
Fiscal implications
Undetermined.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.