senate Bill S2660

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2014 reported and committed to finance
Jan 08, 2014 referred to veterans, homeland security and military affairs
Jan 23, 2013 referred to veterans, homeland security and military affairs

Votes

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Feb 4, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S2660
13
0
committee
13
Aye
0
Nay
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Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: Feb 4, 2014

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S2660 - Bill Details

Current Committee:
Senate Finance
Law Section:
Military Law
Laws Affected:
Amd ยงยง247, Mil L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3097
2009-2010: A8716

S2660 - Bill Texts

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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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BILL NUMBER:S2660 REVISED 6/3/14

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: This bill would amend section 247 of the
military law, to provide that 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.

This bill would further provide that 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.

This bill would additionally provide that in the event of the death of
any person during or subsequent to the receipt of such medal shall be
presented to such representative of the deceased as may be designated.
The adjutant general would further 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 and 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
definitions, that are included in this bill, are consistent with the
federal Veterans Administration'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: S.3097 of 2012/13 - Reported to Senate Finance

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act would take effect immediately.

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

                                  2660

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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.
                                                           LBD07152-01-3

S. 2660                             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.

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