S T A T E O F N E W Y O R K
________________________________________________________________________
5788
2011-2012 Regular Sessions
I N S E N A T E
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.