Bill Text: NY S00198 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the issuance of a New York State Korean War Service Medal.

Spectrum: Moderate Partisan Bill (Republican 15-2)

Status: (Engrossed - Dead) 2018-05-15 - referred to veterans' affairs [S00198 Detail]

Download: New_York-2017-S00198-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           198
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens.  MARCHIONE,  AKSHAR, CROCI, DeFRANCISCO, GALLIVAN,
          HANNON, RANZENHOFER, RITCHIE, SEWARD -- read twice and ordered  print-
          ed,  and  when  printed  to be committed to the Committee on Veterans,
          Homeland Security 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:
     1    Section 1. Section 247 of the military law is amended by adding a  new
     2  subdivision 1-c to read as follows:
     3    1-c.  The adjutant general is hereby authorized to present in the name
     4  of the legislature of the state of New York, a medal, to be known as the
     5  "New  York  State  Korean  War  Service  Medal",  bearing   a   suitable
     6  inscription,  to  any  person:  (i) who is a citizen of the state of New
     7  York, or (ii) who was a citizen of the state of New York  while  serving
     8  in the armed forces of the United States; (iii) who served in the United
     9  States  Armed Forces, defined as army, air force, navy, marine corps, or
    10  coast guard, or the organized militia on active duty abroad in the Kore-
    11  an War during the  period  of  time  from  June  twenty-fifth,  nineteen
    12  hundred fifty through July twenty-seventh, nineteen hundred fifty-three;
    13  and  (iv)  who  was  honorably  discharged  or  released under honorable
    14  circumstances during the Korean War. Not more than one  New  York  State
    15  Korean  War  Service  Medal  shall  be  awarded  or presented, under the
    16  provisions of this subdivision,  to  any  person  whose  entire  service
    17  subsequent  to the time of the receipt of such medal shall not have been
    18  honorable.  For each succeeding star as  provided  herein,  such  person
    19  shall  be  entitled  to  wear,  as  the  chief of staff of the state may
    20  direct, a ribbon whose color and design shall be selected by  the  divi-
    21  sion of military affairs. In the event of the death of any person during
    22  or  subsequent  to the receipt of such certificate it shall be presented
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04385-01-7

        S. 198                              2
     1  to such representative of the deceased as may be designated.  The  adju-
     2  tant  general,  in  consultation  with  the  director of the division of
     3  veterans' affairs, shall make such  rules  and  regulations  as  may  be
     4  deemed  necessary  for  the proper presentation and distribution of such
     5  medals.
     6    § 2. Subdivision 4 of section 247 of the military law, as  amended  by
     7  chapter 477 of the laws of 2013, is amended to read as follows:
     8    4.  This section shall not be construed to require that a recipient of
     9  the conspicuous service cross, the conspicuous service  star  [or],  the
    10  Cold  War Certificate or the New York State Korean War Service Medal has
    11  been a resident of the state of New York at the time of his or her entry
    12  into the United States army, air force, navy, marine  corps,  or  nurses
    13  corps.
    14    §  3.  Subdivision 1-a of section 247 of the military law, as added by
    15  chapter 184 of the laws of 1998, is amended to read as follows:
    16    1-a. The governor is hereby authorized to present in the name  of  the
    17  legislature of the state of New York, a military decoration, to be known
    18  as  the  "conspicuous  service  star",  bearing  a suitable inscription,
    19  device, and ribbon, all of which shall be of  suitable  design,  to  any
    20  person  (i)  who is a citizen of the state of New York or (ii) who was a
    21  citizen of the state of New York while serving in the  armed  forces  of
    22  the  United  States,  and  who, while serving in the United States Armed
    23  Forces, defined as army, air force, navy, marine corps, or coast  guard,
    24  has, or shall have received a United States unit level decoration denot-
    25  ing combat participation and foreign unit awards, issued from a company,
    26  regimental, brigade, or division commander, or equivalent naval unit, or
    27  issued by the President of the United States, the Congress of the United
    28  States,  the  United  States  Defense  Department or the joint chiefs of
    29  staff, such as, but not limited to, a presidential unit  citation  or  a
    30  joint meritorious unit award. Not more than one conspicuous service star
    31  shall  be issued to any one person; nor shall any citation be awarded or
    32  presented, under the provisions of this subdivision, to any person whose
    33  entire service subsequent to the time of the receipt of such star  shall
    34  not  have  been  honorable. For each succeeding star as provided herein,
    35  such person shall be entitled to wear, as the  chief  of  staff  of  the
    36  state  may  direct, a ribbon whose color and design shall be selected by
    37  the division of [miliary] military affairs.  In the event of  the  death
    38  of  any  person during or subsequent to the receipt of such citation the
    39  conspicuous service star shall be presented to  such  representative  of
    40  the  deceased  as  may be designated. The chief of staff shall make such
    41  rules and regulations as may be deemed necessary for the proper  presen-
    42  tation and distribution of such decorations.
    43    § 4. This act shall take effect on the one hundred twentieth day after
    44  it  shall have become a law.  The division of military and naval affairs
    45  is authorized to promulgate any and all rules and regulations  and  take
    46  any  other measures necessary to implement the provisions of this act on
    47  its effective date on or before such date.
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