Assembly Bill A7379A

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

                                 7379--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced  by  M. of A. ORTIZ, N. RIVERA, COOK, BOYLAND, ABBATE, NOLAN,
  SCHIMMINGER, CUSICK, P. RIVERA, CASTRO, CASTELLI, M. MILLER --  Multi-
  Sponsored  by  --  M.  of  A. BENEDETTO, CANESTRARI, FARRELL, LUPARDO,
  McENENY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Veterans'  Affairs  -- reported and referred to the Committee on Rules
  -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to the Committee on Rules

AN  ACT to amend the military law, in relation to the issuance of a Cold
  War certificate

  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 ADJUTANT GENERAL IS HEREBY AUTHORIZED TO PRESENT IN THE  NAME
OF  THE LEGISLATURE OF THE STATE OF NEW YORK, A CERTIFICATE, TO BE KNOWN
AS THE "COLD WAR CERTIFICATE", 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
DURING THE PERIOD  OF  TIME  FROM  SEPTEMBER  SECOND,  NINETEEN  HUNDRED
FORTY-FIVE  THROUGH  DECEMBER TWENTY-SIXTH, NINETEEN HUNDRED NINETY-ONE,
COMMONLY KNOWN  AS  THE  COLD  WAR  ERA;  AND  (IV)  WHO  WAS  HONORABLY
DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES DURING THE COLD WAR
ERA.  NOT  MORE  THAN  ONE  COLD  WAR  CERTIFICATE  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. 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  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07588-03-1
              

A. 7379--A                          2

DEEMED  NECESSARY  FOR  THE  PROPER PRESENTATION AND DISTRIBUTION OF THE
CERTIFICATE.
  S  2.  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
COLD WAR CERTIFICATE 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. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law. The division of military 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.