Bill Text: NY A09586 | 2017-2018 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-05-22 - substituted by s6606 [A09586 Detail]

Download: New_York-2017-A09586-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9586
                   IN ASSEMBLY
                                    January 23, 2018
                                       ___________
        Introduced  by  M.  of A. DenDEKKER, CUSICK, LAVINE, HUNTER -- read once
          and referred to the Committee on Veterans' Affairs
        AN ACT to amend the military law, in relation to establishing  the  "New
          York State Silver Rose Veterans Service Certificate"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 247 of the military law is amended by adding a  new
     2  subdivision 1-c to read as follows:
     3    1-c.  The adjutant general is hereby authorized to present in the name
     4  of the legislature of the state of New York, a certificate, to be  known
     5  as  the "New York State Silver Rose Veterans Service Certificate", bear-
     6  ing a suitable inscription to any person: (i) who is a  citizen  of  the
     7  state  of  New  York; or (ii) who was a citizen of the state of New York
     8  while serving in the armed forces of the United States,  and  who  while
     9  serving in the armed forces of the United States, or the organized mili-
    10  tia  on  active  duty  was  exposed  to dioxin or phenoxy herbicides, as
    11  evinced by a medical diagnosis of a disease associated  with  dioxin  or
    12  phenoxy  herbicides,  and  any  other  proof  determined by the adjutant
    13  general to be necessary; and  (iii)  who  was  honorably  discharged  or
    14  released under honorable circumstances. Not more than one New York State
    15  Silver  Rose  Veterans  Certificate shall be awarded or presented, under
    16  the provisions of this subdivision, to any person whose  entire  service
    17  subsequent to the time of the receipt of such certificate shall not have
    18  been honorable. In the event of the death of any person during or subse-
    19  quent  to  the receipt of such certificate it shall be presented to such
    20  representative of the deceased as may be designated. The adjutant gener-
    21  al, in consultation with the  director  of  the  division  of  veterans'
    22  affairs,  shall  make such rules and regulations as may be deemed neces-
    23  sary for the proper presentation and distribution of such certificates.
    24    § 2. Subdivision 4 of section 247 of the military law, as  amended  by
    25  chapter 477 of the laws of 2013, is amended to read as follows:
    26    4.  This section shall not be construed to require that a recipient of
    27  the conspicuous service cross, the conspicuous service  star  [or],  the
    28  Cold  War Certificate or the New York State Silver Rose Veterans Service
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11563-05-7

        A. 9586                             2
     1  Certificate has been a resident of the state of New York at the time  of
     2  his  or  her  entry into the United States army, air force, navy, marine
     3  corps, or nurses corps.
     4    §  3.  Subdivision 1-a of section 247 of the military law, as added by
     5  chapter 184 of the laws of 1998, is amended to read as follows:
     6    1-a. The governor is hereby authorized to present in the name  of  the
     7  legislature of the state of New York, a military decoration, to be known
     8  as  the  "conspicuous  service  star",  bearing  a suitable inscription,
     9  device, and ribbon, all of which shall be of  suitable  design,  to  any
    10  person  (i)  who is a citizen of the state of New York or (ii) who was a
    11  citizen of the state of New York while serving in the  armed  forces  of
    12  the  United  States,  and  who, while serving in the United States Armed
    13  Forces, defined as army, air force, navy, marine corps, or coast  guard,
    14  has, or shall have received a United States unit level decoration denot-
    15  ing combat participation and foreign unit awards, issued from a company,
    16  regimental, brigade, or division commander, or equivalent naval unit, or
    17  issued by the President of the United States, the Congress of the United
    18  States,  the  United  States  Defense  Department or the joint chiefs of
    19  staff, such as, but not limited to, a presidential unit  citation  or  a
    20  joint meritorious unit award. Not more than one conspicuous service star
    21  shall  be issued to any one person; nor shall any citation be awarded or
    22  presented, under the provisions of this subdivision, to any person whose
    23  entire service subsequent to the time of the receipt of such star  shall
    24  not  have  been  honorable. For each succeeding star as provided herein,
    25  such person shall be entitled to wear, as the  chief  of  staff  of  the
    26  state  may  direct, a ribbon whose color and design shall be selected by
    27  the division of [miliary] military and naval affairs. In  the  event  of
    28  the  death  of  any  person  during or subsequent to the receipt of such
    29  citation the conspicuous service star shall be presented to such  repre-
    30  sentative of the deceased as may be designated. The chief of staff shall
    31  make such rules and regulations as may be deemed necessary for the prop-
    32  er presentation and distribution of such decorations.
    33    § 4. This act shall take effect on the one hundred eightieth day after
    34  it  shall  have become a law.  Provided that, effective immediately, the
    35  adjutant general is authorized to promulgate any and all rules and regu-
    36  lations, and take any other actions necessary to implement the provision
    37  of this act on its effective date on or before such date.
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