STATE OF NEW YORK
________________________________________________________________________
1214--A
2015-2016 Regular Sessions
IN SENATE
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:
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02569-04-5
S. 1214--A 2
1 sion of military affairs. In the event of the death of any person during
2 or subsequent to the receipt of such certificate it shall be presented
3 to such representative of the deceased as may be designated. The adju-
4 tant general, in consultation with the director of the division of
5 veterans' affairs, shall make such rules and regulations as may be
6 deemed necessary for the proper presentation and distribution of such
7 medals.
8 § 2. Subdivision 4 of section 247 of the military law, as amended by
9 chapter 477 of the laws of 2013, is amended to read as follows:
10 4. This section shall not be construed to require that a recipient of
11 the conspicuous service cross, the conspicuous service star [or], the
12 Cold War Certificate or the New York State Korean War Service Medal has
13 been a resident of the state of New York at the time of his or her entry
14 into the United States army, air force, navy, marine corps, or nurses
15 corps.
16 § 3. Subdivision 1-a of section 247 of the military law, as added by
17 chapter 184 of the laws of 1998, is amended to read as follows:
18 1-a. The governor is hereby authorized to present in the name of the
19 legislature of the state of New York, a military decoration, to be known
20 as the "conspicuous service star", bearing a suitable inscription,
21 device, and ribbon, all of which shall be of suitable design, to any
22 person (i) who is a citizen of the state of New York or (ii) who was a
23 citizen of the state of New York while serving in the armed forces of
24 the United States, and who, while serving in the United States Armed
25 Forces, defined as army, air force, navy, marine corps, or coast guard,
26 has, or shall have received a United States unit level decoration denot-
27 ing combat participation and foreign unit awards, issued from a company,
28 regimental, brigade, or division commander, or equivalent naval unit, or
29 issued by the President of the United States, the Congress of the United
30 States, the United States Defense Department or the joint chiefs of
31 staff, such as, but not limited to, a presidential unit citation or a
32 joint meritorious unit award. Not more than one conspicuous service star
33 shall be issued to any one person; nor shall any citation be awarded or
34 presented, under the provisions of this subdivision, to any person whose
35 entire service subsequent to the time of the receipt of such star shall
36 not have been honorable. For each succeeding star as provided herein,
37 such person shall be entitled to wear, as the chief of staff of the
38 state may direct, a ribbon whose color and design shall be selected by
39 the division of [miliary] military affairs. In the event of the death
40 of any person during or subsequent to the receipt of such citation the
41 conspicuous service star shall be presented to such representative of
42 the deceased as may be designated. The chief of staff shall make such
43 rules and regulations as may be deemed necessary for the proper presen-
44 tation and distribution of such decorations.
45 § 4. This act shall take effect on the one hundred twentieth day after
46 it shall have become a law. The division of military and naval affairs
47 is authorized to promulgate any and all rules and regulations and take
48 any other measures necessary to implement the provisions of this act on
49 its effective date on or before such date.
