Provides for the issuance of a Cold War Certificate to resident veterans who served honorably in the armed forces between September 2, 1945 and December 26, 1991.

---

S2574-2013 Actions

• May 7, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 22, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S2574-2013 Meetings

Veterans, Homeland Security and Military Affairs: May 7, 2013

S2574-2013 Votes

S2574-2013 Memo

BILL NUMBER:S2574

TITLE OF BILL:
An act
to amend the military law, in relation to the issuance of a Cold War
certificate

PURPOSE:
This bill would allow for the recognition of the contributions of our
service men and women who served honorably during the Cold War by
authorizing and awarding a State Cold War Certificate to these
individuals.

SUMMARY OF PROVISIONS:
Amends Section 247 of the military law by adding a new subdivision
1-b, which would authorize the governor to present in the name of the
Legislature of the state of New York, a military decoration, to be
known as the "Cold War Certificate."

The certificate would be awarded to any person who is a citizen of the
state of New York or was a citizen of the state of New York while
serving in the Armed forces of the United States, who served in the
United States Armed Forces during the period of time from September
second, nineteen hundred forty-five through December twenty-sixth,
nineteen hundred ninety-one, commonly known as the Cold War Era and
who was honorably discharged or released under honorable
circumstances during the Cold War Era.

Amends Subdivision 4 of Section 247 of the Military Law to include
that the section shall not construed to require a recipient of the
Cold War service medal to have 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, marine corps, or nurses corps.

JUSTIFICATION:
In 1988 the United States Government recognized the contribution of
its armed forces and their sacrifices during the Cold War with a
Certificate of Recognition that had to be requested from the
Department of Defense. No federal campaign medal exists to recognize
the dedicated participation
of those service members who "stood watch" in the cause of
promoting world peace and stability, and who also participated in
hundred of military exercises and operations that occurred between the
state of the Cold War on September 2, 1945 and the end of the Cold
War on December 26, 1991.

The United States Government has not authorized or recognized a Cold
War Certificate dedicated to the service of these veterans who
sacrificed so much, many of whom performed actions and duties till
shrouded in secrecy so that they receive and maintain no identity as
Cold War Veterans.

These thousands of New York State Cold War Veterans prevented
communist world domination and nuclear war. Therefore, it is fitting
that these service members who served honorable during this era


receive proper state recognition for their efforts in the form of a
State Cold War certification.

LEGISLATIVE HISTORY:
2006: A.10966 Ortiz Passed Assembly
2007/08: A.5156 - Passed both houses, Vetoed
2009/10: A.6465A - Passed Assembly, Died in Senate
6/16/11 Referred to Rules
3/13/12 Reported and Committed to Finance

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE:
This act shall take effect on the on the one hundred twentieth day
after it shall have become a law; provided that 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 this act on its effective date on or after such date.

S2574-2013 Text

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

                                    2574

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 22, 2013
                                 ___________

  Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
    printed to be committed to the Committee on Veterans, Homeland Securi-
    ty and Military Affairs

  AN ACT to amend the military law, in relation to the issuance of a  Cold
    War certificate

    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-b to read as follows:

    1-B.  THE ADJUTANT GENERAL IS HEREBY AUTHORIZED TO PRESENT IN THE NAME
  OF THE LEGISLATURE OF THE STATE OF NEW YORK, A CERTIFICATE, TO BE  KNOWN
  AS  THE  "COLD  WAR CERTIFICATE", 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
  DURING  THE  PERIOD  OF  TIME  FROM  SEPTEMBER  SECOND, NINETEEN HUNDRED
  FORTY-FIVE THROUGH DECEMBER TWENTY-SIXTH, NINETEEN  HUNDRED  NINETY-ONE,
  COMMONLY  KNOWN  AS  THE  COLD  WAR  ERA;  AND  (IV)  WHO  WAS HONORABLY
  DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES DURING THE COLD WAR
  ERA. NOT MORE  THAN  ONE  COLD  WAR  CERTIFICATE  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. IN THE EVENT OF THE DEATH OF ANY PERSON DURING
  OR SUBSEQUENT TO THE RECEIPT OF SUCH CERTIFICATE IT SHALL  BE  PRESENTED
  TO  SUCH  REPRESENTATIVE OF THE DECEASED AS MAY BE DESIGNATED. THE ADJU-
  TANT GENERAL, IN CONSULTATION WITH  THE  DIRECTOR  OF  THE  DIVISION  OF
  VETERANS'  AFFAIRS,  SHALL  MAKE  SUCH  RULES  AND REGULATIONS AS MAY BE
  DEEMED NECESSARY FOR THE PROPER PRESENTATION  AND  DISTRIBUTION  OF  THE
  CERTIFICATE.
    S  2.  Subdivision 4 of section 247 of the military law, as amended by
  chapter 184 of the laws of 1998, is amended to read as follows:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07292-01-3

 S. 2574                             2

    4. This section shall not be construed to require that a recipient  of
  the  conspicuous service cross [or], the conspicuous service star OR THE
  COLD WAR CERTIFICATE 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,
  marine corps, or nurses corps.
    S 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.