Establishes the "atomic veterans medal" for members of the armed forces or organized militia exposed to ionizing radiation as a result of atomic weapons tests conducted by the United State between 1945 and 1963.
STATE OF NEW YORK
________________________________________________________________________
3097
2011-2012 Regular Sessions
IN SENATE
February 8, 2011
___________
Introduced by Sen. BALL -- 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 providing for the
"atomic veterans medal" to be granted to certain veterans exposed to
ionizing radiation as a result of atomic weapons tests
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1-a and 4 of section 247 of the military law,
2 subdivision 1-a as added and subdivision 4 as amended by chapter 184 of
3 the laws of 1998, are amended and a new subdivision 1-b is added to read
4 as follows:
5 1-a. The governor is hereby authorized to present in the name of the
6 legislature of the state of New York, a military decoration, to be known
7 as the "conspicuous service star", bearing a suitable inscription,
8 device, and ribbon, all of which shall be of suitable design, to any
9 person (i) who is a citizen of the state of New York or (ii) who was a
10 citizen of the state of New York while serving in the armed forces of
11 the United States, and who, while serving in the United States Armed
12 Forces, defined as army, air force, navy, marine corps, or coast guard,
13 has, or shall have received a United States unit level decoration denot-
14 ing combat participation and foreign unit awards, issued from a company,
15 regimental, brigade, or division commander, or equivalent naval unit, or
16 issued by the President of the United States, the Congress of the United
17 States, the United States Defense Department or the joint chiefs of
18 staff, such as, but not limited to, a presidential unit citation or a
19 joint meritorious unit award. Not more than one conspicuous service star
20 shall be issued to any one person; nor shall any citation be awarded or
21 presented, under the provisions of this subdivision, to any person whose
22 entire service subsequent to the time of the receipt of such star shall
23 not have been honorable. For each succeeding star as provided herein,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07848-01-1
S. 3097 2
1 such person shall be entitled to wear, as the [chief of staff] adjutant
2 general of the state may direct, a ribbon whose color and design shall
3 be selected by the division of [miliary] military and naval affairs. In
4 the event of the death of any person during or subsequent to the receipt
5 of such citation the conspicuous service star shall be presented to such
6 representative of the deceased as may be designated. The [chief of
7 staff] adjutant general shall make such rules and regulations as may be
8 deemed necessary for the proper presentation and distribution of such
9 decorations.
10 1-b. The governor is hereby authorized to present in the name of the
11 legislature of the state of New York, a military decoration, to be known
12 as the "atomic veterans medal", bearing a suitable inscription, device
13 and ribbon, all of which shall be of suitable design, to any person (i)
14 who is a citizen of the state of New York or (ii) who was a citizen of
15 the state of New York while serving in the armed forces of the United
16 States or the organized militia, and who, while serving in the United
17 States Armed Forces, defined as the army, air force, navy, marine corps
18 or coast guard, or the organized militia who was exposed to ionizing
19 radiation as a result of atomic weapons tests conducted by the United
20 States between nineteen hundred forty-five and nineteen hundred sixty-
21 three. Not more than one atomic veterans medal shall be issued to any
22 one person; nor shall any citation be awarded or presented, under the
23 provisions of this subdivision, to any person whose entire service
24 subsequent to the time of the receipt of such medal shall not have been
25 honorable. For each succeeding medal presented as provided in this
26 subdivision, such person shall be entitled to wear, as the adjutant
27 general of the state may direct, a ribbon whose color and design shall
28 be selected by the division of military and naval affairs. In the event
29 of the death of any person during or subsequent to the receipt of such
30 citation the atomic veterans medal shall be presented to such represen-
31 tative of the deceased as may be designated. The adjutant general shall
32 make such rules and regulations as may be deemed necessary for the prop-
33 er presentation and distribution of such decorations.
34 4. This section shall not be construed to require that a recipient of
35 the conspicuous service cross [or], the conspicuous service star or the
36 atomic veterans medal has been a resident of the state of New York at
37 the time of his or her entry into the United States army, air force,
38 navy, marine corps, coast guard or nurses corps.
39 § 2. This act shall take effect immediately.
