S T A T E O F N E W Y O R K
________________________________________________________________________
2354
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the military law, in relation to broadening national
guard personnel standards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the military law, as added by chapter 825 of
the laws of 1950, is amended to read as follows:
§ 3. Commander-in-chief; regulations; registration. 1. The governor
of the state shall be the commander-in-chief of the militia of the
state. The governor is hereby authorized to issue regulations for the
government of the militia. Regulations issued by the governor shall have
the same force and effect as the provisions of this chapter but they
shall conform to the laws and regulations of the United States relating
to the organization, discipline and training of the militia, to the
provisions of this chapter and, as nearly as practicable to the laws and
regulations governing the army, navy and air force of the United States;
PROVIDED, HOWEVER NO REGULATION SHALL BE ISSUED OR ADOPTED THAT DENIES
THE OPPORTUNITY OF PARTICIPATION TO AN INDIVIDUAL BASED ON SUCH INDIVID-
UAL'S GENDER IDENTITY OR EXPRESSION, AS DEFINED IN SUBDIVISION THREE OF
THIS SECTION. The rules and regulations in force at the time of the
passage of this chapter, shall remain in force until new rules and regu-
lations are approved and promulgated.
2. Whenever he shall deem it necessary, the governor may direct the
members of the unorganized militia to present themselves for and submit
to registration at such time and place and in such manner as may be
prescribed by regulations issued pursuant to this section.
3. FOR PURPOSES OF THIS CHAPTER, "GENDER IDENTITY OR EXPRESSION" SHALL
MEAN A PERSON'S ACTUAL OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE,
BEHAVIOR, EXPRESSION, OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03356-01-3
A. 2354 2
OF THE SEX ASSIGNED TO THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED
TO, THE STATUS OF BEING TRANSGENDER.
§ 2. Section 4 of the military law, as amended by chapter 468 of the
laws of 1976, is amended to read as follows:
§ 4. Equality of treatment and opportunity. It is hereby declared to
be the policy of the state that there shall be an equality of treatment
and opportunity for all persons in the organized militia without regard
to race, creed, color, national origin, GENDER IDENTITY OR EXPRESSION,
or sex. Such policy shall be put into effect by regulations to be issued
pursuant to section three of this chapter, it being necessary to give
due regard to the powers of the United States which are or may be exer-
cised over the militia of the state.
§ 3. Subdivision 2 of section 2 of the military law, as amended by
chapter 731 of the laws of 1958, is amended to read as follows:
2. The unorganized militia shall consist of all able-bodied [male]
residents of the state between the ages of seventeen and forty-five who
are not serving in any force of the organized militia or who are not on
the state reserve list or the state retired list and who are or who have
declared their intention to become citizens of the United States,
subject, however, to such exemptions from military duty as are created
by the laws of the United States; PROVIDED HOWEVER NO INDIVIDUAL SHALL
BE DENIED ADMITTANCE BASED ON SUCH INDIVIDUAL'S GENDER IDENTITY OR
EXPRESSION, AS DEFINED IN SUBDIVISION THREE OF SECTION THREE OF THIS
ARTICLE.
§ 4. This act shall take effect immediately.