S T A T E   O F   N E W   Y O R K
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                                  8162

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2011
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Veterans' Affairs

AN  ACT  to  amend  the  military  law, in relation to providing for the
  "campaign medal for service" to be granted to those who provided mili-
  tary service during certain wars and conflicts

  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 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  "CAMPAIGN  MEDAL  FOR SERVICE", 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,
SERVED IN ACTIVE DUTY IN WORLD WAR II, FROM THE SEVENTH DAY OF DECEMBER,
NINETEEN  HUNDRED  FORTY-ONE  TO  AND  INCLUDING THE THIRTY-FIRST DAY OF
DECEMBER, NINETEEN HUNDRED FORTY-SIX;  THE  KOREAN  CONFLICT,  FROM  THE
TWENTY-SEVENTH  DAY OF JUNE, NINETEEN HUNDRED FIFTY TO AND INCLUDING THE
THIRTY-FIRST DAY OF JANUARY, NINETEEN HUNDRED FIFTY-FIVE; THE  VIET  NAM
CONFLICT,  FROM  THE  TWENTY-EIGHTH  DAY  OF  FEBRUARY, NINETEEN HUNDRED
SIXTY-ONE TO AND INCLUDING THE SEVENTH  DAY  OF  MAY,  NINETEEN  HUNDRED
SEVENTY-FIVE;  THE PERSIAN GULF CONFLICT, FROM THE SECOND DAY OF AUGUST,
NINETEEN HUNDRED NINETY TO AND INCLUDING THE TWENTY-EIGHTH DAY OF FEBRU-
ARY, NINETEEN HUNDRED NINETY-ONE; THE  AFGHANISTAN  CONFLICT,  FROM  THE
ELEVENTH  DAY OF SEPTEMBER, TWO THOUSAND ONE TO AND INCLUDING THE END OF
SUCH CONFLICT; OR THE IRAQ CONFLICT, FROM THE TWENTIETH  DAY  OF  MARCH,
TWO  THOUSAND THREE TO AND INCLUDING THE END OF SUCH CONFLICT.  NOT MORE
THAN ONE CAMPAIGN MEDAL FOR SERVICE SHALL BE ISSUED TO ANY  ONE  PERSON;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03763-01-1
              

A. 8162                             2

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 MEDAL SHALL NOT HAVE BEEN HONORABLE. FOR
EACH SUCCEEDING MEDAL AS PROVIDED IN THIS SUBDIVISION, 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 MILI-
TARY AND NAVAL AFFAIRS.  IN THE EVENT OF THE DEATH OF ANY PERSON  DURING
OR  SUBSEQUENT  TO  THE  RECEIPT OF SUCH CITATION THE CAMPAIGN MEDAL FOR
SERVICE 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 PRESENTATION AND DISTRIBUTION
OF SUCH DECORATIONS.
  S 2. 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 AND NAVAL 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 repre-
sentative of the deceased as may be designated. The chief of staff shall
make such rules and regulations as may be deemed necessary for the prop-
er presentation and distribution of such decorations.
  S 3. 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
CAMPAIGN  MEDAL FOR SERVICE 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 4. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law; provided that the division of military and
naval affairs is authorized to promulgate any and all  rules  and  regu-
lations  and  take any other measures necessary to implement this act on
its effective date on or before such date.