NY State Senate Bill 2017-S6037

Senate Bill S6037

2017-2018 Legislative Session

Establishes the "New York State Silver Rose Veterans Service Medal" for veterans exposed to dioxin or phenoxy herbicides during military service

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to veterans, homeland security and military affairs
Jun 02, 2017	print number 6037a
Jun 02, 2017	amend and recommit to veterans, homeland security and military affairs
May 10, 2017	referred to veterans, homeland security and military affairs

Bill Amendments

Original

A (Active)

2017-S6037 - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Amd §247, Mil L

2017-S6037 - Summary

Establishes the "New York State Silver Rose Veterans Service Medal" for veterans exposed to dioxin or phenoxy herbicides during military service.

2017-S6037 - Sponsor Memo

                                 BILL NUMBER:  S6037

 TITLE OF BILL :

An act to amend the military law, in relation to establishing the "New
York State Silver Rose Veterans Service Medal"

 PURPOSE :

Establishes the "New York State Silver Rose Veterans Service Medal"
for veterans exposed to dioxin or phenoxy herbicides during military
service.

 SUMMARY OF PROVISIONS :

Section 1. Amends section 247 of the military law by adding a new
subdivision 1-c, authorizing the adjutant general to present a
military decoration, in the name of the New York State Legislature,
known as the "New York State Silver Rose Veterans Service Medal."

Section 2. Amends subdivision 4 of section 247 of the military law.

Section 3. Amends subdivision 1-a of section 247 of the military law.

Section 4. Sets forth the effective date.

 JUSTIFICATION :

New York State has a long history of recognizing the valiant actions
of its veterans, as well as their brave and honorable service and
sacrifice. Many veterans who have returned home still bear the scars,
the emotional and psychological trauma, as well as the physical
effects of their service.

In 1961, President John F. Kennedy authorized "Operation Ranch Hand,"
the codename for the United States Air Force's herbicide program in
Vietnam. A number of herbicidal agents were used while the programming
was ongoing, including, most infamously, Agent Orange.

Agent Orange was the most widely used "tactical use" defoliation
chemical during the Vietnam War. It contains extremely toxic compounds
which are classified as "Persistent Organic Pollutants", which remain
for long periods in water tables where the chemical was applied, as
well as within local vegetation.

Veterans who were exposed to chemicals such as Agent Orange have
increased rates of cancer, as well as several disorders of the
nervous, digestive, and respiratory systems. They have higher rates of
many kinds of cancer, including Hodgkin's and non-Hodgkin's lymphoma,
throat, prostate, lung, colon, and liver cancer, as well as Ischemic
Heart Disease and acute/chronic leukemia.

The medal created by this legislation would help to bring awareness to
the long-suffered effects of exposure to tactical herbicides such as
Agent Orange while also recognizing and honoring the tremendous
sacrifice and bravery of our veterans.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

Undetermined at this time.

 EFFECTIVE DATE :
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
in its effective date on or before such date.

2017-S6037 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6037
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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 establishing  the  "New
   York State Silver Rose Veterans Service Medal"

   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-c to read as follows:
   1-C.  THE ADJUTANT GENERAL 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  "NEW YORK STATE SILVER ROSE VETERANS SERVICE MEDAL",
 BEARING A SUITABLE INSCRIPTION, DEVICE AND RIBBON 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 ARMED FORCES OF THE UNITED  STATES,
 OR THE ORGANIZED MILITIA ON ACTIVE DUTY WAS EXPOSED TO DIOXIN OR PHENOXY
 HERBICIDES, AS EVINCED BY SUCH PROOF AS SHALL BE DETERMINED BY THE ADJU-
 TANT  GENERAL TO BE NECESSARY; AND (III) WHO WAS HONORABLY DISCHARGED OR
 RELEASED FROM MILITARY SERVICE UNDER HONORABLE CIRCUMSTANCES.  NOT  MORE
 THAN  ONE  NEW  YORK  STATE  SILVER ROSE VETERANS SERVICE MEDAL 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.  FOR EACH SUCCEEDING  STAR  AS
 PROVIDED  HEREIN, SUCH PERSON SHALL BE ENTITLED TO WEAR, AS THE CHIEF OF
 STAFF 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 IT SHALL BE PRESENTED TO SUCH REPRESENTATIVE OF THE DECEASED AS
 MAY BE DESIGNATED. THE ADJUTANT GENERAL, IN CONSULTATION WITH THE DIREC-
 TOR  OF  THE  DIVISION  OF  VETERANS' AFFAIRS, SHALL MAKE SUCH RULES AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11563-02-7

 S. 6037                             2
 
 REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE PROPER  PRESENTATION  AND
 DISTRIBUTION OF SUCH MEDALS.
   §  2.  Subdivision 4 of section 247 of the military law, as amended by
 chapter 477 of the laws of 2013, is amended to read as follows:
   4. This section shall not be construed to require that a recipient  of
 the  conspicuous  service  cross, the conspicuous service star [or], the
 Cold War Certificate OR THE NEW YORK STATE SILVER ROSE VETERANS  SERVICE
 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, or
 nurses corps.
   §  3.  Subdivision 1-a of section 247 of the military law, as added by
 chapter 184 of the laws of 1998, is amended 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,
 such person shall be entitled to wear, as the  chief  of  staff  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  repre-
 sentative of the deceased as may be designated. The chief of staff shall
 make such rules and regulations as may be deemed necessary for the prop-
 er presentation and distribution of such decorations.
   § 4. 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.

2017-S6037A (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Amd §247, Mil L

2017-S6037A (ACTIVE) - Summary

Establishes the "New York State Silver Rose Veterans Service Medal" for veterans exposed to dioxin or phenoxy herbicides during military service.

2017-S6037A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6037A

 TITLE OF BILL :  An act to amend the military law, in relation to
establishing the "New York State Silver Rose Veterans Service Medal"

 PURPOSE :

Establishes the "New York State Silver Rose Veterans Service Medal"
for veterans exposed to dioxin or phenoxy herbicides during military
service.

 SUMMARY OF PROVISIONS :

Section 1. Amends section 247 of the military law by adding a new
subdivision 1-c, authorizing the adjutant general to present a
military decoration, in the name of the New York State Legislature,
known as the "New York State Silver Rose Veterans Service Medal."

Section 2. Amends subdivision 4 of section 247 of the military law.

Section 3. Amends subdivision 1-a of section 247 of the military law.

Section 4. Sets forth the effective date.

 JUSTIFICATION :

New York State has a long history of recognizing the valiant actions
of its veterans, as well as their brave and honorable service and
sacrifice. Many veterans who have returned home still bear the scars,
the emotional and psychological trauma, as well as the physical
effects of their service.

In 1961, President John F. Kennedy authorized "Operation Ranch Hand,"
the code name for the United States Air Force's herbicide program in
Vietnam. A number of herbicidal agents were used while the programming
was ongoing, including, most infamously, Agent Orange.

Agent Orange was the most widely used "tactical use" defoliation
chemical during the Vietnam War. It contains extremely toxic compounds
which are classified as "Persistent Organic Pollutants", which remain
for long periods in water tables where the chemical was applied, as
well as within local vegetation.

Veterans who were exposed to chemicals such as Agent Orange have
increased rates of cancer, as well as several disorders of the
nervous, digestive, and respiratory systems. They have higher rates of
many kinds of cancer, including Hodgkin's and non-Hodgkin's lymphoma,
throat, prostate, lung, colon, and liver cancer, as well as Ischemic
Heart Disease and acute/chronic leukemia.

The medal created by this legislation would help to bring awareness to
the long-suffered effects of exposure to tactical herbicides such as
Agent Orange while also recognizing and honoring the tremendous
sacrifice and bravery of our veterans.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

Undetermined at this time.

 EFFECTIVE DATE :
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
in its effective date on or before such date.

2017-S6037A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6037--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the military law, in relation to establishing  the  "New
   York State Silver Rose Veterans Service Medal"
 
   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-c to read as follows:
   1-C.  THE ADJUTANT GENERAL 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  "NEW YORK STATE SILVER ROSE VETERANS SERVICE MEDAL",
 BEARING A SUITABLE INSCRIPTION, DEVICE AND RIBBON 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 ARMED FORCES OF THE UNITED  STATES,
 OR THE ORGANIZED MILITIA ON ACTIVE DUTY WAS EXPOSED TO DIOXIN OR PHENOXY
 HERBICIDES, AS EVINCED BY SUCH PROOF AS SHALL BE DETERMINED BY THE ADJU-
 TANT  GENERAL TO BE NECESSARY; AND (III) WHO WAS HONORABLY DISCHARGED OR
 RELEASED FROM MILITARY SERVICE UNDER HONORABLE CIRCUMSTANCES.  NOT  MORE
 THAN  ONE  NEW  YORK  STATE  SILVER ROSE VETERANS SERVICE MEDAL 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 MEDAL IT SHALL BE
 PRESENTED  TO  SUCH REPRESENTATIVE OF THE DECEASED AS MAY BE DESIGNATED.
 THE ADJUTANT 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  SUCH
 MEDALS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11563-04-7

 S. 6037--A                          2
 
   §  2.  Subdivision 4 of section 247 of the military law, as amended by
 chapter 477 of the laws of 2013, is amended to read as follows:
   4.  This section shall not be construed to require that a recipient of
 the conspicuous service cross, the conspicuous service  star  [or],  the
 Cold  War Certificate OR THE NEW YORK STATE SILVER ROSE VETERANS SERVICE
 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, or
 nurses corps.
   § 3. Subdivision 1-a of section 247 of the military law, as  added  by
 chapter 184 of the laws of 1998, is amended 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,
 such  person  shall  be  entitled  to wear, as the chief of staff 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 repre-
 sentative of the deceased as may be designated. The chief of staff shall
 make such rules and regulations as may be deemed necessary for the prop-
 er presentation and distribution of such decorations.
   § 4. 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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