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

                                  6160

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN  ACT  to amend the military law, in relation to the issuance of a New
  York State Korean War Service Medal

  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-c to read as follows:
  1-C. THE ADJUTANT GENERAL IS HEREBY AUTHORIZED TO PRESENT IN THE  NAME
OF THE LEGISLATURE OF THE STATE OF NEW YORK, A MEDAL, TO BE KNOWN AS THE
"NEW   YORK   STATE  KOREAN  WAR  SERVICE  MEDAL",  BEARING  A  SUITABLE
INSCRIPTION, 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; (III) WHO SERVED IN THE UNITED
STATES ARMED FORCES, DEFINED AS ARMY, AIR FORCE, NAVY, MARINE CORPS,  OR
COAST GUARD, OR THE ORGANIZED MILITIA ON ACTIVE DUTY ABROAD IN THE KORE-
AN  WAR  DURING  THE  PERIOD  OF  TIME  FROM JUNE TWENTY-FIFTH, NINETEEN
HUNDRED FIFTY THROUGH JULY TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY-THREE;
AND (IV) WHO  WAS  HONORABLY  DISCHARGED  OR  RELEASED  UNDER  HONORABLE
CIRCUMSTANCES  DURING  THE  KOREAN WAR. NOT MORE THAN ONE NEW YORK STATE
KOREAN WAR SERVICE MEDAL  SHALL  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 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 DIVI-
SION OF MILITARY AFFAIRS. IN THE EVENT OF THE DEATH OF ANY PERSON DURING
OR SUBSEQUENT TO THE RECEIPT OF SUCH CERTIFICATE IT SHALL  BE  PRESENTED
TO  SUCH REPRESENTATIVE OF THE DECEASED AS MAY BE DESIGNATED.  THE ADJU-
TANT GENERAL, IN CONSULTATION WITH  THE  DIRECTOR  OF  THE  DIVISION  OF
VETERANS'  AFFAIRS,  SHALL  MAKE  SUCH  RULES  AND REGULATIONS AS MAY BE

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

                                                           LBD13156-01-3

S. 6160                             2

DEEMED NECESSARY FOR THE PROPER PRESENTATION AND  DISTRIBUTION  OF  SUCH
MEDALS.
  S  2.  Subdivision 4 of section 247 of the military law, as amended by
chapter 477 of the laws of 2013, is amended to read as follows:
  4. This section shall not be construed to require that a recipient  of
the  conspicuous  service  cross, the conspicuous service star [or], the
Cold War Certificate OR THE NEW YORK STATE KOREAN WAR SERVICE 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, or nurses
corps.
  S 3. 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 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  shall  make  such
rules  and regulations as may be deemed necessary for the proper presen-
tation and distribution of such decorations.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that if  chapter  477  of
the  laws  of  2013  shall not have taken effect on or before such date,
then this act shall take effect on the same date and in the same  manner
as  chapter 477 of the laws of 2013 takes effect.  The division of mili-
tary and naval affairs is authorized to promulgate any and all rules and
regulations and take any  other  measures  necessary  to  implement  the
provisions of this act on its effective date on or before such date.