S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    199
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MARCHIONE,  AKSHAR, CROCI, DeFRANCISCO, GALLIVAN,
   HANNON, LARKIN, MURPHY, RANZENHOFER, RITCHIE, SERINO, SEWARD  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Veterans, Homeland Security and Military Affairs

 AN ACT to amend the military law, in relation to the issuance of  a  New
   York State Vietnam 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  VIETNAM  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 VIET-
 NAM WAR DURING THE PERIOD OF TIME FROM NOVEMBER FIRST, NINETEEN  HUNDRED
 FIFTY-FIVE  THROUGH  APRIL THIRTIETH, NINETEEN HUNDRED SEVENTY-FIVE; AND
 (IV) WHO WAS HONORABLY DISCHARGED OR RELEASED  UNDER  HONORABLE  CIRCUM-
 STANCES DURING THE VIETNAM WAR. NOT MORE THAN ONE NEW YORK STATE VIETNAM
 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 DIVISION OF MILITARY AND NAVAL
 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 REPRESEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04383-01-7

 S. 199                              2
 
 TATIVE OF THE DECEASED AS MAY BE DESIGNATED. THE  ADJUTANT  GENERAL,  IN
 CONSULTATION  WITH  THE  DIRECTOR  OF THE DIVISION OF VETERANS' AFFAIRS,
 SHALL MAKE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE
 PROPER PRESENTATION AND DISTRIBUTION OF SUCH MEDALS.
   §  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 VIETNAM 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.
   §  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 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.
   § 4. 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.