Relates to the issuance of a New York State Korean War Service Medal.
Ayes (37): DeFrancisco, Bonacic, Farley, Flanagan, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Martins, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Espaillat, Smith
TITLE OF BILL: An act to amend the military law, in relation to the issuance of a New York State Korean War Service Medal
PURPOSE: To establish the Korean War Service Medal for members of the armed forces or organized militia serving abroad in the Korean War during the period of time from June 25, 1950 through July 27, 1953.
SUMMARY OF PROVISIONS:
Section 1 amends Section 247 of the Military Law by adding a new subdivision 1-c which authorizes the Adjutant General to present in the name of the legislature of the State of New York, a medal to be known as the "New York State Korean War Service Medal."
Section 2 amends Subdivision 4 of Section 247 of the Military Law to include the New York State Korean War Service Medal in this section, with the other state medals, that do not require the recipient of such medals to have been a resident of the State of New York at the time of his or her entry into the armed forces or organized militia.
Section 3 amends Subdivision 1-a of Section 247 of the Military Law to correct the spelling of the word "military".
Section 4 states the effective date to be 120 days after this act shall become law. It also authorizes the Division of Military and Naval Affairs to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act.
JUSTIFICATION: The Korean War represented the first major military conflict of the Cold War and saw approximately 1.8 million American soldiers endure some of the most challenging environments and dangerous military engagements of the modern era. More than 33,686 U.S. military service personnel died in battle during this long, brutal war. Inappropriately referred to as America's "forgotten war" the service and sacrifice of New York's heroes who served during the Korean War is not forgotten by their fellow citizens. On the contrary, all New Yorkers will forever remember - and proudly honor the service and sacrifice of the Empire State's Korean War veterans through the creation of a New York State Korean War Service Medal that recognizes the service and sacrifice of Korean War veterans who proudly wore America's uniform and served with uncommon valor and courage during this war.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: This act shall take effect 120 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 6160 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. MARCHIONE -- 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 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: Section 1. Section 247 of the military law is amended by adding a new subdivision 1-c to read as follows: 1-C. THE ADJUTANT GENERAL IS HEREBY AUTHORIZED TO PRESENT IN THE NAME OF THE LEGISLATURE OF THE STATE OF NEW YORK, A MEDAL, TO BE KNOWN AS THE "NEW YORK STATE KOREAN WAR SERVICE MEDAL", 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, DEFINED AS ARMY, AIR FORCE, NAVY, MARINE CORPS, OR COAST GUARD, OR THE ORGANIZED MILITIA ON ACTIVE DUTY ABROAD IN THE KORE- AN WAR DURING THE PERIOD OF TIME FROM JUNE TWENTY-FIFTH, NINETEEN HUNDRED FIFTY THROUGH JULY TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY-THREE; AND (IV) WHO WAS HONORABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES DURING THE KOREAN WAR. NOT MORE THAN ONE NEW YORK STATE KOREAN WAR SERVICE MEDAL 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. 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 DIVI- SION OF MILITARY AFFAIRS. 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 BEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13156-01-3 S. 6160 2
DEEMED NECESSARY FOR THE PROPER PRESENTATION AND DISTRIBUTION OF SUCH MEDALS. S 2. Subdivision 4 of section 247 of the military law, as amended by chapter 477 of the laws of 2013, is amended to read as follows: 4. This section shall not be construed to require that a recipient of the conspicuous service cross, the conspicuous service star
[or], the Cold War Certificate OR THE NEW YORK STATE KOREAN WAR SERVICE MEDAL 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. 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 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 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 presen- tation and distribution of such decorations. S 4. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that if chapter 477 of the laws of 2013 shall not have taken effect on or before such date, then this act shall take effect on the same date and in the same manner as chapter 477 of the laws of 2013 takes effect. The division of mili- tary 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.