S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    806
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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.
                                                            LBD05838-01-1

 A. 806                              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.