The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7186
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Veterans' 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-d to read as follows:
   1-D.  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-
 TATIVE OF THE DECEASED AS MAY BE DESIGNATED. THE  ADJUTANT  GENERAL,  IN
 CONSULTATION  WITH  THE  DIRECTOR  OF THE DIVISION OF VETERANS' AFFAIRS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08927-01-9

 A. 7186                             2
 
 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 332 of the laws of 2018, 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, the Cold
 War Certificate [or], the New York State Silver  Rose  Veterans  Service
 Certificate OR THE NEW YORK STATE VIETNAM SERVICE MEDAL has been a resi-
 dent  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. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that if  chapter  332  of
 the laws of 2018 shall not have taken effect on or before such date then
 section  two  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2018 takes effect.  The divi-
 sion 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.