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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: 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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7379
                              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, PHEFFER, ABBATE,
         NOLAN,  SCHIMMINGER, CUSICK, P. RIVERA, CASTRO, CASTELLI, M. MILLER --
         Multi-Sponsored by -- M. of A. BENEDETTO, CANESTRARI, FARRELL,  LUPAR-
         DO,  McENENY, WEISENBERG -- read once and referred to the Committee on
         Veterans' Affairs
       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 VETER-
   20  ANS' AFFAIRS SHALL MAKE SUCH RULES AND  REGULATIONS  AS  MAY  BE  DEEMED
   21  NECESSARY  FOR  THE  PROPER PRESENTATION AND DISTRIBUTION OF THE CERTIF-
   22  ICATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07588-01-1
       A. 7379                             2
    1    S 2. Subdivision 4 of section 247 of the military law, as  amended  by
    2  chapter 184 of the laws of 1998, is amended to read as follows:
    3    4.  This section shall not be construed to require that a recipient of
    4  the conspicuous service cross [or], the conspicuous service star OR  THE
    5  COLD WAR CERTIFICATE has been a resident of the state of New York at the
    6  time  of  his or her entry into the United States army, air force, navy,
    7  marine corps, or nurses corps.
    8    S 3. This act shall take effect on the one hundred twentieth day after
    9  it shall have become a law. The division of military and  naval  affairs
   10  is  authorized  to promulgate any and all rules and regulations and take
   11  any other measure necessary to implement the provisions of this  act  on
   12  its effective date on or before such date.