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

                                  5209

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. KATZ, CASTELLI, FINCH, RAIA, CROUCH, MOLINARO --
  Multi-Sponsored by -- M. of A. BURLING,  CONTE,  SALADINO,  THIELE  --
  read once and referred to the Committee on Governmental Operations

AN  ACT to amend the military law, in relation to providing for the "War
  on Terror expeditionary medal" to be granted  to  those  who  provided
  certain military service abroad

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1-a and 4 of section 247 of the military  law,
subdivision  1-a as added and subdivision 4 as amended by chapter 184 of
the laws of 1998, are amended and a new subdivision 1-b is added 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07841-01-1
              

A. 5209                             2

such person shall be entitled to wear, as the [chief of staff]  ADJUTANT
GENERAL  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
representative  of  the  deceased  as  may  be designated. The [chief of
staff] ADJUTANT GENERAL shall make such rules and regulations as may  be
deemed  necessary  for  the proper presentation and distribution of such
decorations.
  1-B. (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 "WAR ON TERROR EXPEDITIONARY  MEDAL",  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 OR THE  ORGANIZED  MILITIA,  AND  WHO,
WHILE  SERVING  IN  THE UNITED STATES ARMED FORCES, DEFINED AS THE ARMY,
AIR FORCE, NAVY, MARINE CORPS OR COAST GUARD, OR THE  ORGANIZED  MILITIA
SERVED  ON  ACTIVE DUTY DURING THE WAR ON TERROR.  NOT MORE THAN ONE WAR
ON TERROR EXPEDITIONARY MEDAL 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 ADJUTANT GENERAL 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 WAR ON TERROR  EXPEDI-
TIONARY  MEDAL SHALL BE PRESENTED TO SUCH REPRESENTATIVE OF THE DECEASED
AS MAY BE DESIGNATED. THE ADJUTANT GENERAL SHALL  MAKE  SUCH  RULES  AND
REGULATIONS  AS  MAY BE DEEMED NECESSARY FOR THE PROPER PRESENTATION AND
DISTRIBUTION OF SUCH DECORATIONS.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, "WAR ON TERROR"  SHALL  MEAN
DEPLOYMENT  ABROAD  IN OPERATIONS ENDURING FREEDOM AND IRAQI FREEDOM, AS
DEFINED BY THE  DEPARTMENT  OF  DEFENSE,  IN  THE  FOLLOWING  DESIGNATED
SPECIFIC  GEOGRAPHIC AREAS: AFGHANISTAN, ALGERIA, BAHRAIN, BOSNIA-HERZE-
GOVINA, BULGARIA (BOURGAS), CHAD, CRETE, CYPRUS, DIEGO GARCIA, DJIBOUTI,
EGYPT, ERITREA, ETHIOPIA, GEORGIA, HUNGARY, IRAN, IRAQ, ISRAEL,  JORDON,
KAZAKHSTAN,  KENYA,  KOSOVO (ONLY SPECIFIC GLOBAL WAR ON TERRORISM OPER-
ATIONS NOT ASSOCIATED WITH THE KOSOVO CAMPAIGN AS DEFINED BY THE DEPART-
MENT OF DEFENSE), KUWAIT, KYRGYZSTAN, LEBANON, MALI, MAURITANIA,  NIGER,
OMAN,  PAKISTAN,  PHILIPPINES, QATAR, ROMANIA (CONSTANTA), SAUDI ARABIA,
SOMALIA, SYRIA, TAJIKISTAN, TURKEY, TURKMENISTAN,  UGANDA,  UNITED  ARAB
EMIRATES,  UZBEKISTAN,  YEMEN,  THAT PORTION OF THE ARABIAN SEA NORTH OF
TEN DEGREES NORTH LATITUDE AND WEST OF SIXTY-EIGHT DEGREES  WEST  LONGI-
TUDE,  BAB EL MANDEB, GULF OF ADEN, GULF OF AQABA, GULF OF OMAN, GULF OF
SUEZ, THAT PORTION OF THE MEDITERRANEAN SEA EAST OF TWENTY-EIGHT DEGREES
EAST LONGITUDE AND BOARDING AND  SEARCHING  VESSEL  OPERATIONS,  PERSIAN
GULF, RED SEA, STRAIT OF HORMUZ, AND SUEZ CANAL.
  4.  This section shall not be construed to require that a recipient of
the conspicuous service cross [or], the conspicuous service star OR  THE
WAR  ON  TERROR  EXPEDITIONARY 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, COAST GUARD or nurses corps.
  S 2. This act shall take effect immediately.