Assembly Bill A9443

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9443
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 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 Afghanistan War Commemorative 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  GOVERNOR 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  AFGHANISTAN  WAR  COMMEMORATIVE  MEDAL", BEARING A SUITABLE
 INSCRIPTION, TO ANY PERSON: (I) WHO IS A RESIDENT OF THE  STATE  OF  NEW
 YORK;  OR (II) WHO WAS A RESIDENT 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  DEFINED AS THE ARMY NATIONAL
 GUARD, THE AIR NATIONAL GUARD, THE NEW YORK NAVAL MILITIA,  OR  THE  NEW
 YORK  GUARD,  ON  ACTIVE DUTY ABROAD IN AFGHANISTAN DURING THE PERIOD OF
 TIME FROM OCTOBER SEVENTH, TWO THOUSAND ONE  THROUGH  AUGUST  THIRTIETH,
 TWO  THOUSAND  TWENTY-ONE;  AND  (IV)  WHO  WAS  HONORABLY DISCHARGED OR
 RELEASED UNDER HONORABLE CIRCUMSTANCES OR WHO HAS  A  QUALIFYING  CONDI-
 TION,  AS  DEFINED  IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
 AND  RECEIVED  A  DISCHARGE  OTHER  THAN  BAD  CONDUCT  OR  DISHONORABLE
 DISCHARGE,  OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
 HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER  THAN
 BAD  CONDUCT  OR  DISHONORABLE DISCHARGE.   NO PERSON SHALL RECEIVE MORE
 THAN ONE NEW YORK STATE AFGHANISTAN WAR COMMEMORATIVE  MEDAL.    IN  THE
 EVENT  OF  THE DEATH OF ANY ELIGIBLE PERSON PRIOR TO THE RECEIPT OF SUCH
 COMMEMORATIVE MEDAL, SUCH COMMEMORATIVE MEDAL SHALL BE PRESENTED TO  THE
 DESIGNATED  REPRESENTATIVE  OF  THE DECEASED.   THE ADJUTANT GENERAL, IN
 CONSULTATION WITH THE DIRECTOR OF THE DIVISION  OF  VETERANS'  SERVICES,
 SHALL MAKE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE
 PROPER PRESENTATION AND DISTRIBUTION OF SUCH MEDALS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14865-01-2
              

 A. 9443                             2
 
   §  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 AFGHANISTAN  WAR  COMMEMORATIVE  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, OR marine corps[, or
 nurses corps].
   § 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.