Bill Text: NY S05788 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-13 - REPORTED AND COMMITTED TO FINANCE [S05788 Detail]

Download: New_York-2011-S05788-Introduced.html

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                           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:
    1    Section 1. Section 247 of the military law is amended by adding a  new
    2  subdivision 1-b to read as follows:
    3    1-B.  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  "COLD  WAR CERTIFICATE", BEARING A SUITABLE INSCRIPTION, TO ANY
    6  PERSON: (I) WHO IS A CITIZEN OF THE STATE OF NEW YORK OR (II) WHO WAS  A
    7  CITIZEN  OF  THE  STATE OF NEW YORK WHILE SERVING IN THE ARMED FORCES OF
    8  THE UNITED STATES; (III) WHO SERVED IN THE UNITED  STATES  ARMED  FORCES
    9  DURING  THE  PERIOD  OF  TIME  FROM  SEPTEMBER  SECOND, NINETEEN HUNDRED
   10  FORTY-FIVE THROUGH DECEMBER TWENTY-SIXTH, NINETEEN  HUNDRED  NINETY-ONE,
   11  COMMONLY  KNOWN  AS  THE  COLD  WAR  ERA;  AND  (IV)  WHO  WAS HONORABLY
   12  DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES DURING THE COLD WAR
   13  ERA. NOT MORE  THAN  ONE  COLD  WAR  CERTIFICATE  SHALL  BE  AWARDED  OR
   14  PRESENTED, UNDER THE PROVISIONS OF THIS SUBDIVISION, TO ANY PERSON WHOSE
   15  ENTIRE SERVICE SUBSEQUENT TO THE TIME OF THE RECEIPT OF SUCH MEDAL SHALL
   16  NOT  HAVE BEEN HONORABLE. IN THE EVENT OF THE DEATH OF ANY PERSON DURING
   17  OR SUBSEQUENT TO THE RECEIPT OF SUCH CERTIFICATE IT SHALL  BE  PRESENTED
   18  TO  SUCH  REPRESENTATIVE OF THE DECEASED AS MAY BE DESIGNATED. THE ADJU-
   19  TANT GENERAL, IN CONSULTATION WITH  THE  DIRECTOR  OF  THE  DIVISION  OF
   20  VETERANS'  AFFAIRS,  SHALL  MAKE  SUCH  RULES  AND REGULATIONS AS MAY BE
   21  DEEMED NECESSARY FOR THE PROPER PRESENTATION  AND  DISTRIBUTION  OF  THE
   22  CERTIFICATE.
   23    S  2.  Subdivision 4 of section 247 of the military law, as amended by
   24  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
    1    4. This section shall not be construed to require that a recipient  of
    2  the  conspicuous service cross [or], the conspicuous service star OR THE
    3  COLD WAR CERTIFICATE has been a resident of the state of New York at the
    4  time of his or her entry into the United States army, air  force,  navy,
    5  marine corps, or nurses corps.
    6    S 3. This act shall take effect on the one hundred twentieth day after
    7  it  shall  have become a law. The division of military and naval affairs
    8  is authorized to promulgate any and all rules and regulations  and  take
    9  any  other measures necessary to implement the provisions of this act on
   10  its effective date on or before such date.