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.

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S3097-2011 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

S3097-2011 Meetings

Veterans, Homeland Security and Military Affairs: Feb 15, 2011, Veterans, Homeland Security and Military Affairs: Jun 5, 2012

S3097-2011 Votes

S3097-2011 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.

S3097-2011 Text

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

                                    3097

                         2011-2012 Regular Sessions

                              I N  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,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07848-01-1

 S. 3097                             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.