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

                                  5890

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced by M. of A. ORTIZ, COOK, BOYLAND, ABBATE, NOLAN, SCHIMMINGER,
  CUSICK,  CASTRO,  MILLER  -- Multi-Sponsored by -- M. of A. BENEDETTO,
  FARRELL, LUPARDO, WEISENBERG -- read once and referred to the  Commit-
  tee on Veterans' Affairs

AN  ACT to amend the military law, in relation to the issuance of a Cold
  War certificate

  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-b to read as follows:
  1-B. THE ADJUTANT GENERAL IS HEREBY AUTHORIZED TO PRESENT IN THE  NAME
OF  THE LEGISLATURE OF THE STATE OF NEW YORK, A CERTIFICATE, TO BE KNOWN
AS THE "COLD WAR CERTIFICATE", 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
DURING THE PERIOD  OF  TIME  FROM  SEPTEMBER  SECOND,  NINETEEN  HUNDRED
FORTY-FIVE  THROUGH  DECEMBER TWENTY-SIXTH, NINETEEN HUNDRED NINETY-ONE,
COMMONLY KNOWN  AS  THE  COLD  WAR  ERA;  AND  (IV)  WHO  WAS  HONORABLY
DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES DURING THE COLD WAR
ERA.  NOT  MORE  THAN  ONE  COLD  WAR  CERTIFICATE  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. 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 THE
CERTIFICATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07292-01-3

              

A. 5890                             2

  S 2. Subdivision 4 of section 247 of the military law, as  amended  by
chapter 184 of the laws of 1998, is amended to read as follows:
  4.  This section shall not be construed to require that a recipient of
the conspicuous service cross [or], the conspicuous service star OR  THE
COLD WAR CERTIFICATE 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. 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.