Provides for the "campaign medal for service" to be awarded to those who have provided military service during certain wars and conflicts.
BILL NUMBER: S1498
TITLE OF BILL : An act to amend the military law, in relation to providing for the "campaign medal for service" to be granted to those who provided military service during certain wars and conflicts
PURPOSE : To create the Campaign Medal for Service and recognize those who defended our country and our state during World War II, the Korean War, the Vietnam War, the Afghanistan War, and the first and second Persian Gulf Wars.
SUMMARY OF PROVISIONS : Section 1 -- Creates the Campaign Medal for Service for those members of the Army, Air Force, Navy, Marine Corps, or Coast Guard who served in America's wars and conflicts since World War II while being a citizen of New York.
Section 2 -- Technical correction.
Section 3 -- Amends subdivision 4 of section 247 of the Military Law to state that recipients of the Campaign Medal for Service did not have to be residents of New York when they entered the US Military.
Section 4 -- Effective date.
JUSTIFICATION : By creating the Campaign Medal for Service, New York State can properly recognize the courage and dedication of our soldiers, sailors, airmen, and Marines that have bravely served our country in America's foreign wars and conflicts
LEGISLATIVE HISTORY : S.54-A of 2008
FISCAL IMPLICATIONS : Undetermined.
EFFECTIVE DATE : 120 days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1498 2009-2010 Regular Sessions IN SENATE February 2, 2009 ___________Introduced by Sens. DeFRANCISCO, ALESI, GOLDEN, GRIFFO, LARKIN, MORAHAN, SAMPSON, SEWARD, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military 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,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04550-01-9 S. 1498 2
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; 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.