S T A T E O F N E W Y O R K
________________________________________________________________________
2900
2011-2012 Regular Sessions
I N S E N A T E
February 3, 2011
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Introduced by Sens. DeFRANCISCO, GRIFFO, JOHNSON, LARKIN, MAZIARZ,
RANZENHOFER, SEWARD -- read twice and ordered printed, and when print-
ed to be committed to the Committee on Veterans, Homeland Security and
Military Affairs
AN ACT to amend the military law, in relation to providing for the
"campaign medal for service" to be granted to those who provided mili-
tary service during certain wars and conflicts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 247 of the military law is amended by adding a new
subdivision 1-b to read as follows:
1-B. 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 "CAMPAIGN MEDAL FOR SERVICE", 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,
SERVED IN ACTIVE DUTY IN WORLD WAR II, FROM THE SEVENTH DAY OF DECEMBER,
NINETEEN HUNDRED FORTY-ONE TO AND INCLUDING THE THIRTY-FIRST DAY OF
DECEMBER, NINETEEN HUNDRED FORTY-SIX; THE KOREAN CONFLICT, FROM THE
TWENTY-SEVENTH DAY OF JUNE, NINETEEN HUNDRED FIFTY TO AND INCLUDING THE
THIRTY-FIRST DAY OF JANUARY, NINETEEN HUNDRED FIFTY-FIVE; THE VIET NAM
CONFLICT, FROM THE TWENTY-EIGHTH DAY OF FEBRUARY, NINETEEN HUNDRED
SIXTY-ONE TO AND INCLUDING THE SEVENTH DAY OF MAY, NINETEEN HUNDRED
SEVENTY-FIVE; THE PERSIAN GULF CONFLICT, FROM THE SECOND DAY OF AUGUST,
NINETEEN HUNDRED NINETY TO AND INCLUDING THE TWENTY-EIGHTH DAY OF FEBRU-
ARY, NINETEEN HUNDRED NINETY-ONE; THE AFGHANISTAN CONFLICT, FROM THE
ELEVENTH DAY OF SEPTEMBER, TWO THOUSAND ONE TO AND INCLUDING THE END OF
SUCH CONFLICT; OR THE IRAQ CONFLICT, FROM THE TWENTIETH DAY OF MARCH,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03763-01-1
S. 2900 2
TWO THOUSAND THREE TO AND INCLUDING THE END OF SUCH CONFLICT. NOT MORE
THAN ONE CAMPAIGN MEDAL FOR SERVICE 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 CHIEF OF STAFF 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 CAMPAIGN MEDAL FOR
SERVICE SHALL BE PRESENTED TO SUCH REPRESENTATIVE OF THE DECEASED AS MAY
BE DESIGNATED. THE CHIEF OF STAFF SHALL MAKE SUCH RULES AND REGULATIONS
AS MAY BE DEEMED NECESSARY FOR THE PROPER PRESENTATION AND DISTRIBUTION
OF SUCH DECORATIONS.
S 2. Subdivision 1-a of section 247 of the military law, as added by
chapter 184 of the laws of 1998, is amended 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 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 repre-
sentative of the deceased as may be designated. The chief of staff shall
make such rules and regulations as may be deemed necessary for the prop-
er presentation and distribution of such decorations.
S 3. Subdivision 4 of section 247 of the military law, as amended by
chapter 184 of the laws of 1998, is amended to read as follows:
4. This section shall not be construed to require that a recipient of
the conspicuous service cross [or], the conspicuous service star OR THE
CAMPAIGN MEDAL FOR SERVICE 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, or nurses corps.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the division of military and
naval affairs is authorized to promulgate any and all rules and regu-
lations and take any other measures necessary to implement this act on
its effective date on or before such date.