Bill S3097-2011

Establishes the "atomic veterans medal" for members of the armed forces or organized militia exposed to ionizing radiation as a result of atomic weapons tests

Establishes the "atomic veterans medal" for members of the armed forces or organized militia exposed to ionizing radiation as a result of atomic weapons tests conducted by the United State between 1945 and 1963.

Details

Actions

  • Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Feb 16, 2011: REPORTED AND COMMITTED TO FINANCE
  • Feb 8, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Feb 15, 2011
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino
VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Jun 5, 2012
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino

Memo

BILL NUMBER:S3097

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: New bill in Senate.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3097 2011-2012 Regular Sessions IN SENATE February 8, 2011 ___________
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,
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.

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