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

Summary of provisions

Section 1. :Stated that thie, act shall be known and may be cited as "the atomic veterans act of 2009".

Section 2. Subdivisions 1-a and 4 of section 247 of the military law, subdivision 1-a as added and subdivision 4 as amended 1w chapter 184 of the laws of lens are amended to, read that the adjutant general of the state may direct a ribbon whose color and design shall be selected by the division of military and naval affairs, and a new subdivision 1-b is( added to read chat the governor is authorized to present in the name of the legislature a decoration to be known as the "atomic veterans medal" to any person who is a,citizen of the state of New York or was while serving in the armed forces of the United States or the organized militia and who were exposed to ionizing radiation as a result of atomic weapons tests conducted by the United States between 1945 and 1963, and allows the presentation of the both the atomic veterans medal and the conspicuous service cross to those service members who served in the army, air force, navy, marine corps, coast guard, or, nurses corps.

Section 3. Paragraph (b) of subdivision 1 of section 55 of the civil service law is amended by adding a new subparagraph 4 to read that a veteran who served in the armed forces of the United States who was exposed during the course of such service to ionizing radiation as the result of atomic weapons tests conducted by the United States between 1945 and 1963 and who is certified by the United States veterans' admin- istration as receiving disability payments upon the certification of such veterans' administration for a disability incurred by him or her in such service.

Section 4. Paragraph (c) of subdivision 1 of section 85 of the civil service law is amended by adding a.new subparagraph 9 to include those who gave service in the military forces of the United States which entailed exposure to ionizing radiation as a result Of the atomic weap- ons test's conducted by United states between 1945 and 1963.

Section 5. The opening paragraph of subdivision 6 of section 503 of the education law is amended to include those who gave service in the mili- tary forces of the United States which entailed exposure to ionizing

radiation as a-result of the atomic weapons tests conducted by United states between 1345 and 1963.

Section 6. Paragraph (a) of subdivision 10 of section 503 of the educa- tion law, as amended by chapter 616, of the laws of 1595, is amended include to those who gave service in the military forces of the United States which entailed exposure to ionizing radiation as a result of the atomic weapons tests conducted by United states between 1945 and 1963.

Section 7. Paragraph (a). of subdivision 10-a of section 503 of the education law, as amended by chapter 616.of the laws of 1995, is amended to include those who gave service in the military forces of the United States which entailed exposure to ionizing radiation as a result of the 'atomic weapons tests conducted by United states between 1945 and 1963,

Section 8. Paragraph (b) of subdivision 1 of section 243 of the military law, as amended by chapter 246 of the laws of 2001, is amended to include those who gave service in the military forces of the United States which entailed exposure to ionizing radiation as a result of the atomic weapons tests conducted by United states between 1945 and 2963.

Section 9. The opening paragraph of paragraph 1 of subdivision 31 of section 2 of the retirement and social security law, as amended by chan- ter 616 of the laws of 1995 is amended to include those who gave service in the military forces of the United States which entailed exposure to ionizing radiation as a result of the atomic weapons tests conducted by United states between 1945 and 1963.

Section 10. The opening paragraph of subdivision 31 of section 302 of the retirement and Social security law, as amended by chapter 616 of the laws of 1995, is amended to include those who gave service in the mili- tary forces of the United States which entailed exposure to ionizing radiation as a result. of the atomic -weapons tests conducted by United. states between 1945 and 1963.

Section 11. Subdivision 4-a of section 456 of the real property tax law, as amended by chapter 616 of the laws of 1995 to include those who gave service in the military farces of the United States which entailed expo- sure to ionizing radiation-as a result of the atomic weapons tests conducted by United states between 1945 and 1963.

Section 12. Paragraph (e)subdivision 1 of section 458-a of the real property tax law, as amended by chapter 384 of the laws of 2008 to include those who gave service in the military forces of the United States which entailed exposure to ionizing radiation as a result of the atomic weapons tests conducted by United states between 1945 and 1963.

Section 13. Section 363 of the executive law is amended by adding a new subdivision 20 to read that the department should identify those who gave service in the military forces of the United States which entailed exposure to ionizing radiation as a result of the atomic weapons tests conducted by United states between 1945 and 1963 and the surviving

spouses of any such veteran, and advise such resident or surviving spouse of the provisions of the federal Retirement Exposure Compensation Act and their right to file a claim thereunder and to provide such assistance as shall be necessary for the filing of such a claim.

Section 14. States when the article shall.take effect.

Justification

Atomic Veterans were members of the United States Armed Forces who participated in atmospheric and underwater nuclear weapons tests from 16 July, 1945 to 30 October 1962. They also include veterans who were assigned to post test duties, such as "ground zero" nuclear warfare maneuvers e.exercises, removing radiation cloud samples from aircraft wing pods, working in close proximity to radiated test animals, decontamination of aircraft and field test equipment, retrieval and transport of test instruments e devices, and a host of other duty assignments that provided an opportunity for a radiation exposure & contamination event.

Also included are military personnel who, were a part of the occupation Forces assigned to Hiroshima and Nagasaei, Japan soon after the detona- tion of Atomic Bombs over those respective cities, and those American prisoners of war (POW's) who were housed in close proximity to those cities. These Veterans fit the VA's "official" description of an Atom- ic-Veteran.

There were more than one million U.S. Armed Forces personnel, civilian scientists and engineering technicians involved in the detonation of nuclear & thermonuclear weapon devices, from 16 July 1945 to 23 Septem- ber, 1992. The United States has sponsored a total of 1,054 nuclear weapons tests, and detonated two of these weapons over enemy soil during an act of war.

During this period of time there were 1,147 actual nuclear tests. Some of these nuclear and thermonuclear detonations failed to produce any noticeable explosion, either by design, or due to mechanical or elec- trical faults. Several of these tests, by official definition, were actually multiple detonations, two or more at the same time, designed for gathering specific data & information or for instrument calibration purposes.

Even since nuclear testing began, it has beet very difficult to get a useful accounting of the effects of human exposure to the radiation particle fallout from these tests. However; this information has slowly come to light over the last 29 years.

What is probably the most important study of the health effects of test- ing were announced by the National Cancer Institute in August of 1997, and released in October of that same year. The basic finding of the report is that internal exposures to Radioiodine (I-131) in fallout from continental nuclear weapons testing was the most serious of all health consequences. Radioiodine concentrates in milk, when consumed by grazing

cows, then concentrates in human thyroid glands after contaminated milk has been ingested into the body.

This concentration effect is especially strong in children. The effect of these exposures is to boost the chance of contracting thyroid cancer, sometime in the lifetime, of those effected, No efforts were made to systematically study the nationwide effects of atmospheric nuclear weap- on testing until Congress ordered such a study which was finally released 15 years after the order.

The New York state Department of Veterans Affairs should salute the memory of those veterans who suffered and died from the after effects of radiation exposure, in the interest of U.S. National Security, and who's conditions and suffering were totally ignored by their own government for so many years.

It is overdue then, that the approximately 3,000 Atomic Veterans and their surviving spouses residing in New York receive the potential mone- tary benefits due them for (service connected) radiation induced illnesses. The assembly can pass the Atomic Veterans Act waking New York the first state in the nation to salute their honor, duty and dedication to serving their country.

Legislative history

New bill.

Fiscal implications

There are approximately 3,000 atomic veterans and surviving spouses left in New York. A fiscal note is attached stating the fiscal implications of the bill.

Effective date

This act shall take effect immediately.