STATE OF NEW YORK ________________________________________________________________________ 198 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. MARCHIONE, AKSHAR, CROCI, DeFRANCISCO, GALLIVAN, HANNON, RANZENHOFER, RITCHIE, SEWARD -- read twice and ordered print- ed, 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 Korean War Service Medal The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 247 of the military law is amended by adding a new 2 subdivision 1-c to read as follows: 3 1-c. The adjutant general is hereby authorized to present in the name 4 of the legislature of the state of New York, a medal, to be known as the 5 "New York State Korean War Service Medal", bearing a suitable 6 inscription, to any person: (i) who is a citizen of the state of New 7 York, or (ii) who was a citizen of the state of New York while serving 8 in the armed forces of the United States; (iii) who served in the United 9 States Armed Forces, defined as army, air force, navy, marine corps, or 10 coast guard, or the organized militia on active duty abroad in the Kore- 11 an War during the period of time from June twenty-fifth, nineteen 12 hundred fifty through July twenty-seventh, nineteen hundred fifty-three; 13 and (iv) who was honorably discharged or released under honorable 14 circumstances during the Korean War. Not more than one New York State 15 Korean War Service Medal shall be awarded or presented, under the 16 provisions of this subdivision, to any person whose entire service 17 subsequent to the time of the receipt of such medal shall not have been 18 honorable. For each succeeding star as provided herein, such person 19 shall be entitled to wear, as the chief of staff of the state may 20 direct, a ribbon whose color and design shall be selected by the divi- 21 sion of military affairs. In the event of the death of any person during 22 or subsequent to the receipt of such certificate it shall be presented EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04385-01-7

S. 198 2 1 to such representative of the deceased as may be designated. The adju- 2 tant general, in consultation with the director of the division of 3 veterans' affairs, shall make such rules and regulations as may be 4 deemed necessary for the proper presentation and distribution of such 5 medals. 6 § 2. Subdivision 4 of section 247 of the military law, as amended by 7 chapter 477 of the laws of 2013, is amended to read as follows: 8 4. This section shall not be construed to require that a recipient of 9 the conspicuous service cross, the conspicuous service star [or], the 10 Cold War Certificate or the New York State Korean War Service Medal has 11 been a resident of the state of New York at the time of his or her entry 12 into the United States army, air force, navy, marine corps, or nurses 13 corps. 14 § 3. Subdivision 1-a of section 247 of the military law, as added by 15 chapter 184 of the laws of 1998, is amended to read as follows: 16 1-a. The governor is hereby authorized to present in the name of the 17 legislature of the state of New York, a military decoration, to be known 18 as the "conspicuous service star", bearing a suitable inscription, 19 device, and ribbon, all of which shall be of suitable design, to any 20 person (i) who is a citizen of the state of New York or (ii) who was a 21 citizen of the state of New York while serving in the armed forces of 22 the United States, and who, while serving in the United States Armed 23 Forces, defined as army, air force, navy, marine corps, or coast guard, 24 has, or shall have received a United States unit level decoration denot- 25 ing combat participation and foreign unit awards, issued from a company, 26 regimental, brigade, or division commander, or equivalent naval unit, or 27 issued by the President of the United States, the Congress of the United 28 States, the United States Defense Department or the joint chiefs of 29 staff, such as, but not limited to, a presidential unit citation or a 30 joint meritorious unit award. Not more than one conspicuous service star 31 shall be issued to any one person; nor shall any citation be awarded or 32 presented, under the provisions of this subdivision, to any person whose 33 entire service subsequent to the time of the receipt of such star shall 34 not have been honorable. For each succeeding star as provided herein, 35 such person shall be entitled to wear, as the chief of staff of the 36 state may direct, a ribbon whose color and design shall be selected by 37 the division of [miliary] military affairs. In the event of the death 38 of any person during or subsequent to the receipt of such citation the 39 conspicuous service star shall be presented to such representative of 40 the deceased as may be designated. The chief of staff shall make such 41 rules and regulations as may be deemed necessary for the proper presen- 42 tation and distribution of such decorations. 43 § 4. This act shall take effect on the one hundred twentieth day after 44 it shall have become a law. The division of military and naval affairs 45 is authorized to promulgate any and all rules and regulations and take 46 any other measures necessary to implement the provisions of this act on 47 its effective date on or before such date.