NY State Senate Bill 2011-S5788

Senate Bill S5788

2011-2012 Legislative Session

Provides to 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

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2012	reported and committed to finance
Jan 04, 2012	referred to veterans, homeland security and military affairs
Jun 16, 2011	referred to rules

Votes

- Mar 13, 2012 - Veterans, Homeland Security And Military Affairs Committee Vote
  S5788
  
  14
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Mar 13, 2012
      
      aye (14)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Carlucci
      
      Flanagan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Klein
      
      Larkin
      
      McDonald
      
      Savino
      
      Stewart-Cousins
      
      Zeldin

co-Sponsors

2011-S5788 (ACTIVE) - Details

See Assembly Version of this Bill:: A7379
Current Committee:: Senate Finance
Law Section:: Military Law
Laws Affected:: Amd §247, Mil L
Versions Introduced in 2013-2014 Legislative Session:: S2574, A5890

2011-S5788 (ACTIVE) - Summary

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.

2011-S5788 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5788

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.

2011-S5788 (ACTIVE) - Bill Text download pdf

                            
                    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.

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Senate Bill S5788

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Sponsored By

Greg Ball