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A09586 Summary:

BILL NOA09586
 
SAME ASSAME AS S06606
 
SPONSORDenDekker
 
COSPNSRCusick, Lavine, Hunter
 
MLTSPNSR
 
Amd 247, Mil L
 
Establishes the "New York State Silver Rose Veterans Service Certificate" for veterans exposed to dioxin or phenoxy herbicides during military service.
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A09586 Actions:

BILL NOA09586
 
01/23/2018referred to veterans' affairs
05/16/2018reported
05/17/2018advanced to third reading cal.923
05/22/2018substituted by s6606
 S06606 AMEND= YOUNG
 06/07/2017REFERRED TO RULES
 06/15/2017ORDERED TO THIRD READING CAL.1825
 06/15/2017PASSED SENATE
 06/15/2017DELIVERED TO ASSEMBLY
 06/15/2017referred to veterans' affairs
 01/03/2018died in assembly
 01/03/2018returned to senate
 01/03/2018REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
 04/23/20181ST REPORT CAL.848
 04/24/20182ND REPORT CAL.
 04/25/2018ADVANCED TO THIRD READING
 05/15/2018PASSED SENATE
 05/15/2018DELIVERED TO ASSEMBLY
 05/15/2018referred to veterans' affairs
 05/22/2018substituted for a9586
 05/22/2018ordered to third reading cal.923
 05/22/2018passed assembly
 05/22/2018returned to senate
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A09586 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9586
 
SPONSOR: DenDekker
  TITLE OF BILL: An act to amend the military law, in relation to establishing the "New York State Silver Rose Veterans Service Certif- icate"   PURPOSE OR GENERAL IDEA OF BILL: To establish the "New York State Silver Rose Veterans Service Certif- icate" for veterans exposed to dioxin or phenoxy herbicides during mili- tary service.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Section 247 of the military law by adding a new subdi- vision 1-c that authorizes the presentation of the "New York State Silver Rose Veterans Service Certificate" to any person that is (i) a New York State citizen, (ii) was a citizen of New York while serving in the armed forces and was exposed to dioxin or phenoxy herbicides while on active duty, and suffered from a disease resulting from that expo- sure, (iii) and was honorable discharged or released under honorable circumstances. This certificate may be awarded posthumously and presented to a representative of the deceased. Section 2: Amends Subdivision 4 of section 247 of the military law to add the "New York State Silver Rose Veterans Service Certificate" to the list of honors that do not require the recipient to be a resident of New York State at the time of his or her entry into the armed forces. Section 3: Amends subdivision 1-a of section 247 of the military law to designate that the division of military and naval affairs shall select the design and color of the ribbon worn by recipients of the "New York State Conspicious Service Star." Section 4: Effective Date   JUSTIFICATION: New York State has a long history of recognizing the valiant actions of its veterans, as well as their brave and honorable service and sacri- fice. Many veterans who have returned home still bear the scars, the emotional and psychological trauma, as well as the physical effects of their service. In 1961, President John F. Kennedy authorized "Operation Ranch Hand," the code name for the United States Air Force's herbicide program in Vietnam. A number of herbicidal agents were used while the programming was ongoing, including, most famously, Agent Orange. Agent Orange was the most widely used "tactical use" defoliation chemi- cal during the Vietnam War. It contains extremely toxic compounds which are classified as "Peristent Organic Pollutants," which remain for long periods in water tablets where the chemical was applied, as well as within local vegetation. Veterans who were exposed to chemicals such as Agent Orange have increased rates of cancer, as well as several disorders of the nervous, digestive, and respiratory systems. They have higher rates of many kinds of cancer, including Hodgkin's and non-Hodgkin's lymphoma, throat, prostate, lung, colon, and liver cancer, as well as Ischemich Heart Disease and acute/chronic leukemia. The certificate created by this legislation would help to bring aware- ness to the long-suffered effects of exposure to tactical herbicides such as Agent Orange while also recognizing and honoring the tremendous sacrifice and bravery of our veterans.   PRIOR LEGISLATIVE HISTORY: New Legislation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined at this time.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law. Provided that, effective immediately, the adju- tant generalis authorized to promulgate any and all rules and regu- lations, and take any other actions necessary to implement the provision of this act on its effective date on or before such date.
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A09586 Text:



 
                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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