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

                                  6161

                            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 Vietnam 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  VIETNAM  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 VIET-
NAM  WAR DURING THE PERIOD OF TIME FROM NOVEMBER FIRST, NINETEEN HUNDRED
FIFTY-FIVE THROUGH APRIL THIRTIETH, NINETEEN HUNDRED  SEVENTY-FIVE;  AND
(IV)  WHO  WAS  HONORABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUM-
STANCES DURING THE VIETNAM WAR. NOT MORE THAN ONE NEW YORK STATE VIETNAM
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 DIVISION 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 ADJUTANT GENERAL, IN CONSULTA-
TION WITH THE DIRECTOR OF THE DIVISION OF VETERANS' AFFAIRS, SHALL  MAKE
SUCH  RULES  AND  REGULATIONS  AS MAY BE DEEMED NECESSARY FOR THE PROPER
PRESENTATION AND DISTRIBUTION OF SUCH MEDALS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13157-01-3

S. 6161                             2

  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 VIETNAM 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
section two of this act shall take effect on the same date  and  in  the
same  manner as such chapter of the laws of 2013 takes effect. The divi-
sion of military 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.