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

                                 1214--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens.  MARCHIONE, DeFRANCISCO, PANEPINTO, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Veterans,  Homeland  Security  and  Military Affairs --
  recommitted to the Committee on Veterans, Homeland Security and  Mili-
  tary  Affairs  in  accordance  with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02569-04-5
              

S. 1214--A                          2

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
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.  The division 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.