Bill Text: NY A07379 | 2011-2012 | General Assembly | Amended


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: Moderate Partisan Bill (Democrat 17-3)

Status: (Engrossed - Dead) 2012-02-06 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A07379 Detail]

Download: New_York-2011-A07379-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7379--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 3, 2011
                                      ___________
       Introduced  by  M. of A. ORTIZ, N. RIVERA, COOK, BOYLAND, ABBATE, NOLAN,
         SCHIMMINGER, CUSICK, P. RIVERA, CASTRO, CASTELLI, M. MILLER --  Multi-
         Sponsored  by  --  M.  of  A. BENEDETTO, CANESTRARI, FARRELL, LUPARDO,
         McENENY, WEISENBERG -- read once and  referred  to  the  Committee  on
         Veterans'  Affairs  -- reported and referred to the Committee on Rules
         -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
         amended and recommitted 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07588-03-1
       A. 7379--A                          2
    1  DEEMED  NECESSARY  FOR  THE  PROPER PRESENTATION AND DISTRIBUTION OF THE
    2  CERTIFICATE.
    3    S  2.  Subdivision 4 of section 247 of the military law, as amended by
    4  chapter 184 of the laws of 1998, is amended to read as follows:
    5    4. This section shall not be construed to require that a recipient  of
    6  the  conspicuous service cross [or], the conspicuous service star OR THE
    7  COLD WAR CERTIFICATE has been a resident of the state of New York at the
    8  time of his or her entry into the United States army, air  force,  navy,
    9  marine corps, or nurses corps.
   10    S 3. This act shall take effect on the one hundred twentieth day after
   11  it  shall  have become a law. The division of military and naval affairs
   12  is authorized to promulgate any and all rules and regulations  and  take
   13  any  other measures necessary to implement the provisions of this act on
   14  its effective date on or before such date.
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