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.
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
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.
STATE OF NEW YORK ________________________________________________________________________ 5788 2011-2012 Regular Sessions IN SENATE June 16, 2011 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD07588-02-1 S. 5788 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.