S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  357--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, EPSTEIN -- read once and referred to
   the Committee on Veterans' Affairs -- recommitted to the Committee  on
   Veterans'  Affairs  in  accordance  with  Assembly  Rule  3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the military law, in relation to the issuance of a New
   York State Vietnam 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  VIETNAM  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 VIETNAM, THAILAND, LAOS,  CAMBODIA,
 OR  IN  THE  CONTIGUOUS WATERS OR AIR SPACE THEREOF DURING THE PERIOD OF
 TIME FROM  NOVEMBER  FIRST,  NINETEEN  HUNDRED  FIFTY-FIVE  THROUGH  MAY
 SEVENTH,  NINETEEN  HUNDRED  SEVENTY-FIVE;  AND  (IV)  WHO WAS HONORABLY
 DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES OR WHO HAS A QUALI-
 FYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
 TIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT  OR  DISHONOR-
 ABLE  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01396-04-2
 A. 357--A                           2
 
 MORE  THAN  ONE  NEW YORK STATE VIETNAM 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.
   §  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 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 nurs-
 es 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.