STATE OF NEW YORK
________________________________________________________________________
2354
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 3 of the military law, as added by chapter 825 of
2 the laws of 1950, is amended to read as follows:
3 § 3. Commander-in-chief; regulations; registration. 1. The governor
4 of the state shall be the commander-in-chief of the militia of the
5 state. The governor is hereby authorized to issue regulations for the
6 government of the militia. Regulations issued by the governor shall have
7 the same force and effect as the provisions of this chapter but they
8 shall conform to the laws and regulations of the United States relating
9 to the organization, discipline and training of the militia, to the
10 provisions of this chapter and, as nearly as practicable to the laws and
11 regulations governing the army, navy and air force of the United States;
12 provided, however no regulation shall be issued or adopted that denies
13 the opportunity of participation to an individual based on such individ-
14 ual's gender identity or expression, as defined in subdivision three of
15 this section. The rules and regulations in force at the time of the
16 passage of this chapter, shall remain in force until new rules and regu-
17 lations are approved and promulgated.
18 2. Whenever he shall deem it necessary, the governor may direct the
19 members of the unorganized militia to present themselves for and submit
20 to registration at such time and place and in such manner as may be
21 prescribed by regulations issued pursuant to this section.
22 3. For purposes of this chapter, "gender identity or expression" shall
23 mean a person's actual or perceived gender-related identity, appearance,
24 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
1 of the sex assigned to that person at birth, including, but not limited
2 to, the status of being transgender.
3 § 2. Section 4 of the military law, as amended by chapter 468 of the
4 laws of 1976, is amended to read as follows:
5 § 4. Equality of treatment and opportunity. It is hereby declared to
6 be the policy of the state that there shall be an equality of treatment
7 and opportunity for all persons in the organized militia without regard
8 to race, creed, color, national origin, gender identity or expression,
9 or sex. Such policy shall be put into effect by regulations to be issued
10 pursuant to section three of this chapter, it being necessary to give
11 due regard to the powers of the United States which are or may be exer-
12 cised over the militia of the state.
13 § 3. Subdivision 2 of section 2 of the military law, as amended by
14 chapter 731 of the laws of 1958, is amended to read as follows:
15 2. The unorganized militia shall consist of all able-bodied [male]
16 residents of the state between the ages of seventeen and forty-five who
17 are not serving in any force of the organized militia or who are not on
18 the state reserve list or the state retired list and who are or who have
19 declared their intention to become citizens of the United States,
20 subject, however, to such exemptions from military duty as are created
21 by the laws of the United States; provided however no individual shall
22 be denied admittance based on such individual's gender identity or
23 expression, as defined in subdivision three of section three of this
24 article.
25 § 4. This act shall take effect immediately.
