S2660-2013 Actions

• Jan 23, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S2660-2013 Memo

BILL NUMBER:S2660

TITLE OF BILL:
An act
to amend the military law, in relation to providing for the "atomic
veterans medal" to be granted to certain veterans exposed to ionizing
radiation as a result of atomic weapons tests

PURPOSE:
To establish the Atomic Veterans Medal for members of the armed forces
or organized militia exposed to ionizing radiation as a result of
atomic weapons tests.

SUMMARY OF PROVISIONS:

Section 1 subdivision 1-a and 4 of section 247 of the military law,
subdivision 1-a as added and subdivision 4 as amended by chapter 184
of the laws of 1998, are amended and a new subdivision I-b is added
to read as follows: 1 b. The governor is hereby authorized to present
in the name of the legislature of the state of New York, a military
decoration, to be known as the Atomic Veterans Medal, bearing a
suitable inscription, device and ribbon, all of which shall be of
suitable design, 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 or organized
militia, and who, while serving in the United States Armed Forces
defined as the army, air force, navy, marine corps or coast guard, or
the organized militia who was exposed to ionizing radiation as a
result of atomic weapons tests conducted by the United States between
1945 and 1963. Not more than one atomic veterans medal shall be
issued to anyone person; nor shall any citation be awarded or
presentation, 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. For each succeeding
medal presented as provided in this subdivision, such person
shall be entitled to wear, as the adjutant general of the state may
direct, a ribbon whose color and design shall be selected by the
division of military and naval affairs. In the event of the death of
any person during or subsequent to the receipt of such citation the
atomic veterans medal
shall be presented to such representative of the deceased as may be
designated. The adjutant general shall make such rules
and regulations as may be deemed necessary for the proper
presentation and distribution of such decorations.

JUSTIFICATION:
Atomic Veterans were members of the United States Armed Forces who
participated in atmospheric and underwater nuclear weapons tests from
16 July, 1945 to 30 October 1962. They also include veterans who were
assigned to post test duties, such as "ground zero" nuclear warfare
maneuvers and exercises, removing radiation cloud samples from
aircraft wing pods, working in close proximity to radiated test
animals, decontamination of aircraft and field test equipment,
retrieval and transport of test instruments and devices, and a host
of other duty assignments that provided an opportunity for a
radiation exposure & contamination event. Also included are military


personnel who were a part of the occupation forces assigned to
Hiroshima and Nagasaki, Japan soon after the detonation of Atomic
Bombs over those respective cities, and those American prisoners of
war (POW's) who were housed in close proximity to those cities. These
Veterans fit the VA's "official" description of an Atomic Veteran.
There were more than one million U.S. Armed Forces personnel,
civilian scientists and engineering technicians involved in the
detonation of nuclear & thermonuclear weapon devices, from 16 July
1945 to 23 September, 1992. The United States has sponsored
a total of 1,054 nuclear weapons tests, and detonated two of these
weapons over enemy soil during an act of war. During this period of
time there were 1,147 actual nuclear tests. This bill would allow the
approximately
3,000 Atomic Veterans residing in New York to be honored and awarded
for their dedicated service.

LEGISLATIVE HISTORY:
2/16/11 Reported and Committed to Finance
6/6/12 Reported and Committed to Finance

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S2660-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2660
 2013-2014 Regular Sessions
 I N  SENATE
 January 23, 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  providing  for  the
 "atomic  veterans  medal" to be granted to certain veterans exposed to
 ionizing radiation as a result of atomic weapons tests
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivisions 1-a and 4 of section 247 of the military law,
 subdivision 1-a as added and subdivision 4 as amended by chapter 184  of
 the laws of 1998, are amended and a new subdivision 1-b is added to read
 as follows:

 1-a.  The  governor is hereby authorized to present in the name of the
 legislature of the state of New York, a military decoration, to be known
 as the "conspicuous  service  star",  bearing  a  suitable  inscription,
 device,  and  ribbon,  all  of which shall be of suitable design, 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, and who, while serving in  the  United  States  Armed
 Forces,  defined as army, air force, navy, marine corps, or coast guard,
 has, or shall have received a United States unit level decoration denot
 ing combat participation and foreign unit awards, issued from a company,
 regimental, brigade, or division commander, or equivalent naval unit, or
 issued by the President of the United States, the Congress of the United
 States, the United States Defense Department  or  the  joint  chiefs  of
 staff,  such  as,  but not limited to, a presidential unit citation or a
 joint meritorious unit award. Not more than one conspicuous service star
 shall be issued to any one person; nor shall any citation 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 star shall
 not have been honorable. For each succeeding star  as  provided  herein,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07152-01-3
 
       S. 2660                             2
 such  person shall be entitled to wear, as the [chief of staff] ADJUTANT
 GENERAL of the state may direct, a ribbon whose color and  design  shall
 be selected by the division of [miliary] MILITARY AND NAVAL affairs.  In
 the event of the death of any person during or subsequent to the receipt
 of such citation the conspicuous service star shall be presented to such
 representative  of  the  deceased  as  may  be designated. The [chief of
 staff] ADJUTANT GENERAL shall make such rules and regulations as may  be
 deemed  necessary  for  the proper presentation and distribution of such
 decorations.
 1-B. THE GOVERNOR IS HEREBY AUTHORIZED TO PRESENT IN THE NAME  OF  THE
 LEGISLATURE OF THE STATE OF NEW YORK, A MILITARY DECORATION, TO BE KNOWN
 AS  THE  "ATOMIC VETERANS MEDAL", BEARING A SUITABLE INSCRIPTION, DEVICE
 AND RIBBON, ALL OF WHICH SHALL BE OF SUITABLE DESIGN, 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  OR  THE  ORGANIZED MILITIA, AND WHO, WHILE SERVING IN THE UNITED
 STATES ARMED FORCES, DEFINED AS THE ARMY, AIR FORCE, NAVY, MARINE  CORPS
 OR  COAST  GUARD,  OR  THE ORGANIZED MILITIA WHO WAS EXPOSED TO IONIZING
 RADIATION AS A RESULT OF ATOMIC WEAPONS TESTS CONDUCTED  BY  THE  UNITED
 STATES   BETWEEN   NINETEEN  HUNDRED  FORTY-FIVE  AND  NINETEEN  HUNDRED
 SIXTY-THREE. NOT MORE THAN ONE ATOMIC VETERANS MEDAL SHALL BE ISSUED  TO
 ANY  ONE  PERSON;  NOR SHALL ANY CITATION 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. FOR EACH SUCCEEDING  MEDAL  PRESENTED  AS  PROVIDED  IN  THIS
 SUBDIVISION,  SUCH  PERSON  SHALL  BE  ENTITLED TO WEAR, AS THE ADJUTANT
 GENERAL OF THE STATE MAY DIRECT, A RIBBON WHOSE COLOR AND  DESIGN  SHALL
 BE  SELECTED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS. IN THE EVENT
 OF THE DEATH OF ANY PERSON DURING OR SUBSEQUENT TO THE RECEIPT  OF  SUCH
 CITATION  THE ATOMIC VETERANS MEDAL SHALL BE PRESENTED TO SUCH REPRESEN
 TATIVE OF THE DECEASED AS MAY BE DESIGNATED. THE ADJUTANT GENERAL  SHALL
 MAKE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE PROP
 ER PRESENTATION AND DISTRIBUTION OF SUCH DECORATIONS.
 4.  This section shall not be construed to require that a recipient of
 the conspicuous service cross [or], the conspicuous service star OR  THE
 ATOMIC  VETERANS  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, marine corps, COAST GUARD or nurses corps.
 

S 2. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!