Saturday, May 12, 2007

New York Passes Cold War Service Medal Bill 133-0 in Assembly







S T A T E O F N E W Y O R K
________________________________________________________________________

5156--A

2007-2008 Regular Sessions

I N A S S E M B L Y

February 12, 2007
___________

Introduced by M. of A. ORTIZ, N. RIVERA, COOK, LAFAYETTE, AUBERTINE,
BOYLAND, PHEFFER, ABBATE, NOLAN, SCHIMMINGER, CUSICK-- Multi-Sponsored
by -- M. of A. BENEDETTO, CANESTRARI, DelMONTE, FARRELL, MAYERSOHN,
McENENY, WEISENBERG -- read once and referred to the Committee on
Veterans` Affairs -- 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 Cold
War 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-b to read as follows:
3 1-B. THE GOVERNOR IS HEREBY AUTHORIZED TO PRESENT IN THE NAME OF THE
4 LEGISLATURE OF THE STATE OF NEW YORK, A MILITARY DECORATION, TO BE KNOWN
5 AS THE "COLD WAR SERVICE MEDAL", BEARING A SUITABLE INSCRIPTION, DEVICE,
6 AND RIBBON, ALL OF WHICH SHALL BE OF SUITABLE DESIGN, TO ANY PERSON (I)
7 WHO IS A CITIZEN OF THE STATE OF NEW YORK OR (II) WHO WAS A CITIZEN OF
8 THE STATE OF NEW YORK WHILE SERVING IN THE ARMED FORCES OF THE UNITED
9 STATES; (III) WHO SERVED IN THE UNITED STATES ARMED FORCES DURING THE
10 PERIOD OF TIME FROM SEPTEMBER SECOND, NINETEEN HUNDRED FORTY-FIVE
11 THROUGH DECEMBER TWENTY-SIXTH, NINETEEN HUNDRED NINETY-ONE, COMMONLY
12 KNOWN AS THE COLD WAR ERA; AND (IV) WHO WAS HONORABLY DISCHARGED OR
13 RELEASED UNDER HONORABLE CIRCUMSTANCES DURING THE COLD WAR ERA. NOT
14 MORE THAN ONE COLD WAR SERVICE MEDAL SHALL BE ISSUED TO ANY ONE PERSON;
15 NOR SHALL ANY CITATION BE AWARDED OR PRESENTED, UNDER THE PROVISIONS OF
16 THIS SUBDIVISION, TO ANY PERSON WHOSE ENTIRE SERVICE SUBSEQUENT TO THE
17 TIME OF THE RECEIPT OF SUCH MEDAL SHALL NOT HAVE BEEN HONORABLE. IN THE
18 EVENT OF THE DEATH OF ANY PERSON DURING OR SUBSEQUENT TO THE RECEIPT OF
19 SUCH CITATION THE COLD WAR SERVICE MEDAL SHALL BE PRESENTED TO SUCH
20 REPRESENTATIVE OF THE DECEASED AS MAY BE DESIGNATED. THE ADJUTANT GENER-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08958-03-7

A. 5156--A 2

1 AL SHALL MAKE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR
2 THE PROPER PRESENTATION AND DISTRIBUTION OF SUCH DECORATIONS.
3 S 2. Subdivision 4 of section 247 of the military law, as amended by
4 chapter 184 of the laws of 1998, is amended to read as follows:
5 4. This section shall not be construed to require that a recipient of
6 the conspicuous service cross {or}, the conspicuous service star OR THE
7 COLD WAR SERVICE MEDAL has been a resident of the state of New York at
8 the time of his or her entry into the United States army, air force,
9 navy, marine corps, or nurses corps.
10 S 3. This act shall take effect on the one hundred twentieth day after
11 it shall have become a law; provided that the division of military and
12 naval affairs is authorized to promulgate any and all rules and regu-
13 lations and take any other measures necessary to implement this act on
14 its effective date on or before such date.