S T A T E   O F   N E W   Y O R K
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                                  1498

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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.