S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7251

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by  M.  of  A.  BALL,  TEDISCO, SPANO, WEISENBERG, BACALLES,
  BARCLAY, BURLING, CROUCH, ERRIGO, GIGLIO, KOLB, RAIA, McDONOUGH, MOLI-
  NARO, REILICH, TOWNSEND -- Multi-Sponsored by --  M.  of  A.  CALHOUN,
  CONTE,  HAYES,  McKEVITT, OAKS, SALADINO, SAYWARD, THIELE -- read once
  and referred to the Committee on Governmental Operations

AN ACT to amend the military law, in relation to providing for the  "War
  on  Terror  expeditionary  medal"  to be granted to those who provided
  certain military service abroad

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 1-a and 4 of section 247 of the military law,
subdivision 1-a as added and subdivision 4 as amended by chapter 184  of
the laws of 1998, are amended and a new subdivision 1-b is added to read
as follows:
  1-a.  The  governor is hereby authorized to present in the name of the
legislature of the state of New York, a military decoration, to be known
as the "conspicuous  service  star",  bearing  a  suitable  inscription,
device,  and  ribbon,  all  of which shall be of suitable design, to any
person (i) who is a citizen of the state of New York or (ii) who  was  a
citizen  of  the  state of New York while serving in the armed forces of
the United States, and who, while serving in  the  United  States  Armed
Forces,  defined as army, air force, navy, marine corps, or coast guard,
has, or shall have received a United States unit level decoration denot-
ing combat participation and foreign unit awards, issued from a company,
regimental, brigade, or division commander, or equivalent naval unit, or
issued by the President of the United States, the Congress of the United
States, the United States Defense Department  or  the  joint  chiefs  of
staff,  such  as,  but not limited to, a presidential unit citation or a
joint meritorious unit award. Not more than one conspicuous service star
shall be issued to any one person; nor shall any citation be awarded  or
presented, under the provisions of this subdivision, to any person whose
entire  service subsequent to the time of the receipt of such star shall
not have been honorable. For each succeeding star  as  provided  herein,
such  person shall be entitled to wear, as the [chief of staff] ADJUTANT

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10163-02-9

A. 7251                             2

GENERAL of the state may direct, a ribbon whose color and  design  shall
be selected by the division of [miliary] MILITARY AND NAVAL affairs.  In
the event of the death of any person during or subsequent to the receipt
of such citation the conspicuous service star shall be presented to such
representative  of  the  deceased  as  may  be designated. The [chief of
staff] ADJUTANT GENERAL shall make such rules and regulations as may  be
deemed  necessary  for  the proper presentation and distribution of such
decorations.
  1-B. (A) THE GOVERNOR IS HEREBY AUTHORIZED TO PRESENT IN THE  NAME  OF
THE  LEGISLATURE  OF THE STATE OF NEW YORK, A MILITARY DECORATION, TO BE
KNOWN AS THE "WAR ON TERROR EXPEDITIONARY  MEDAL",  BEARING  A  SUITABLE
INSCRIPTION,  DEVICE  AND  RIBBON,  ALL  OF  WHICH  SHALL BE OF SUITABLE
DESIGN, TO ANY PERSON (I) WHO IS A CITIZEN OF THE STATE OF NEW  YORK  OR
(II)  WHO  WAS  A  CITIZEN OF THE STATE OF NEW YORK WHILE SERVING IN THE
ARMED FORCES OF THE UNITED STATES OR THE  ORGANIZED  MILITIA,  AND  WHO,
WHILE  SERVING  IN  THE UNITED STATES ARMED FORCES, DEFINED AS THE ARMY,
AIR FORCE, NAVY, MARINE CORPS OR COAST GUARD, OR THE  ORGANIZED  MILITIA
SERVED  ON  ACTIVE DUTY DURING THE WAR ON TERROR.  NOT MORE THAN ONE WAR
ON TERROR EXPEDITIONARY MEDAL SHALL BE ISSUED TO  ANY  ONE  PERSON;  NOR
SHALL ANY CITATION BE AWARDED OR PRESENTED, UNDER THE PROVISIONS OF THIS
SUBDIVISION,  TO  ANY PERSON WHOSE ENTIRE SERVICE SUBSEQUENT TO THE TIME
OF THE RECEIPT OF SUCH MEDAL SHALL NOT HAVE  BEEN  HONORABLE.  FOR  EACH
SUCCEEDING  MEDAL  AS PROVIDED IN THIS SUBDIVISION, SUCH PERSON SHALL BE
ENTITLED TO WEAR, AS THE ADJUTANT GENERAL OF THE  STATE  MAY  DIRECT,  A
RIBBON WHOSE COLOR AND DESIGN SHALL BE SELECTED BY THE DIVISION OF MILI-
TARY  AND  NAVAL AFFAIRS. IN THE EVENT OF THE DEATH OF ANY PERSON DURING
OR SUBSEQUENT TO THE RECEIPT OF SUCH CITATION THE WAR ON TERROR  EXPEDI-
TIONARY  MEDAL SHALL BE PRESENTED TO SUCH REPRESENTATIVE OF THE DECEASED
AS MAY BE DESIGNATED. THE ADJUTANT GENERAL SHALL  MAKE  SUCH  RULES  AND
REGULATIONS  AS  MAY BE DEEMED NECESSARY FOR THE PROPER PRESENTATION AND
DISTRIBUTION OF SUCH DECORATIONS.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, "WAR ON TERROR"  SHALL  MEAN
DEPLOYMENT  ABROAD  IN OPERATIONS ENDURING FREEDOM AND IRAQI FREEDOM, AS
DEFINED BY THE  DEPARTMENT  OF  DEFENSE,  IN  THE  FOLLOWING  DESIGNATED
SPECIFIC  GEOGRAPHIC AREAS: AFGHANISTAN, ALGERIA, BAHRAIN, BOSNIA-HERZE-
GOVINA, BULGARIA (BOURGAS), CHAD, CRETE, CYPRUS, DIEGO GARCIA, DJIBOUTI,
EGYPT, ERITREA, ETHIOPIA, GEORGIA, HUNGARY, IRAN, IRAQ, ISRAEL,  JORDON,
KAZAKHSTAN,  KENYA,  KOSOVO (ONLY SPECIFIC GLOBAL WAR ON TERRORISM OPER-
ATIONS NOT ASSOCIATED WITH THE KOSOVO CAMPAIGN AS DEFINED BY THE DEPART-
MENT OF DEFENSE), KUWAIT, KYRGYZSTAN, LEBANON, MALI, MAURITANIA,  NIGER,
OMAN,  PAKISTAN,  PHILIPPINES, QATAR, ROMANIA (CONSTANTA), SAUDI ARABIA,
SOMALIA, SYRIA, TAJIKISTAN, TURKEY, TURKMENISTAN,  UGANDA,  UNITED  ARAB
EMIRATES,  UZBEKISTAN,  YEMEN,  THAT PORTION OF THE ARABIAN SEA NORTH OF
TEN DEGREES NORTH LATITUDE AND WEST OF SIXTY-EIGHT DEGREES  WEST  LONGI-
TUDE,  BAB EL MANDEB, GULF OF ADEN, GULF OF AQABA, GULF OF OMAN, GULF OF
SUEZ, THAT PORTION OF THE MEDITERRANEAN SEA EAST OF TWENTY-EIGHT DEGREES
EAST LONGITUDE AND BOARDING AND  SEARCHING  VESSEL  OPERATIONS,  PERSIAN
GULF, RED SEA, STRAIT OF HORMUZ, AND SUEZ CANAL.
  4.  This section shall not be construed to require that a recipient of
the conspicuous service cross [or], the conspicuous service star OR  THE
WAR  ON  TERROR  EXPEDITIONARY MEDAL has been a resident of the state of
New York at the time of his or her entry into the  United  States  army,
air force, navy, marine corps, COAST GUARD or nurses corps.
  S 2. This act shall take effect immediately.