|SAME AS||SAME AS S06606|
|COSPNSR||Cusick, Lavine, Hunter|
|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.|
|01/23/2018||referred to veterans' affairs|
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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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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. LBD11563-05-7A. 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.