Bill Text: NY A00134 | 2013-2014 | General Assembly | Amended
Bill Title: Provides for payment of bonuses to veterans of the Korean war.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-02 - opinion referred to judiciary [A00134 Detail]
Download: New_York-2013-A00134-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 134--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. CUSICK, ENGLEBRIGHT -- read once and referred to the Committee on Veterans' Affairs -- recommitted to the Committee on Veterans' Affairs in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 18 of article 7 of the constitution, in relation to providing for payment of bonuses to members of the armed forces from this state for service during the period of the Korean war 1 Section 1. RESOLVED (if the Senate concur), That section 18 of article 2 7 of the constitution be amended to read as follows: 3 S 18. (A) The legislature may authorize by law the creation of a debt 4 or debts of the state to provide for the payment of a bonus to each male 5 and female member of the armed forces of the United States, still in the 6 armed forces, or separated or discharged under honorable conditions, for 7 service while on active duty with the armed forces at any time during 8 the period from December seventh, nineteen hundred forty-one to and 9 including September second, nineteen hundred forty-five, who was a resi- 10 dent of this state for a period of at least six months immediately prior 11 to his or her enlistment, induction or call to active duty. The law 12 authorizing the creation of the debt shall provide for payment of such 13 bonus to the next of kin of each male and female member of the armed 14 forces who, having been a resident of this state for a period of six 15 months immediately prior to his or her enlistment, induction or call to 16 active duty, died while on active duty at any time during the period 17 from December seventh, nineteen hundred forty-one to and including 18 September second, nineteen hundred forty-five; or who died while on 19 active duty subsequent to September second, nineteen hundred forty-five, 20 or after his or her separation or discharge under honorable conditions, 21 prior to receiving payment of such bonus. An apportionment of the moneys EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89003-03-4 A. 134--A 2 1 on the basis of the periods and places of service of such members of the 2 armed forces shall be provided by general laws. 3 (B) THE LEGISLATURE MAY ALSO AUTHORIZE THE CREATION OF A DEBT OR DEBTS 4 OF THE STATE TO PROVIDE FOR THE PAYMENT OF A BONUS TO EACH MALE AND 5 FEMALE MEMBER OF THE ARMED FORCES OF THE UNITED STATES, STILL IN THE 6 ARMED FORCES, OR SEPARATED OR DISCHARGED UNDER HONORABLE CONDITIONS, FOR 7 SERVICE WHILE ON ACTIVE DUTY WITH THE ARMED FORCES AT ANY TIME DURING 8 THE PERIOD FROM JUNE TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY TO AND 9 INCLUDING JANUARY THIRTY-FIRST, NINETEEN HUNDRED FIFTY-FIVE. THE LAW 10 AUTHORIZING THE CREATION OF THE DEBT SHALL PROVIDE FOR PAYMENT OF SUCH 11 BONUS TO THE LEGATEES OR DISTRIBUTEES OF EACH MALE AND FEMALE MEMBER OF 12 THE ARMED FORCES WHO, WAS A RESIDENT OF THIS STATE, DIED WHILE ON ACTIVE 13 DUTY AT ANY TIME DURING THE PERIOD FROM JUNE TWENTY-SEVENTH, NINETEEN 14 HUNDRED FIFTY TO AND INCLUDING JANUARY THIRTY-FIRST, NINETEEN HUNDRED 15 FIFTY-FIVE; OR WHO DIED WHILE ON ACTIVE DUTY SUBSEQUENT TO JANUARY THIR- 16 TY-FIRST, NINETEEN HUNDRED FIFTY-FIVE, RESPECTIVELY, OR AFTER HIS OR HER 17 SEPARATION OR DISCHARGE UNDER HONORABLE CONDITIONS, PRIOR TO RECEIVING 18 PAYMENT OF SUCH BONUS. IN THE EVENT SUCH MEMBER IS DECEASED, SUCH BONUS 19 MAY BE APPLIED FOR AND SHALL BE PAYABLE AS FOLLOWS: 20 (1) IF THE QUALIFIED PERSON LEFT A VALID WILL THAT PROVIDES FOR THE 21 DISPOSITION OF SUCH BONUS, EITHER SPECIFICALLY OR BY RESIDUARY DISPOSI- 22 TION, THEN PURSUANT TO SUCH WILL, WHETHER OR NOT THE ESTATE HAS BEEN 23 CLOSED; OR 24 (2) IN THE ABSENCE OF A VALID WILL MAKING A DISPOSITION AS PROVIDED 25 FOR IN PARAGRAPH ONE OF THIS SUBDIVISION, THEN PURSUANT TO THE LAWS OF 26 INTESTATE SUCCESSION, AS IN EFFECT AND APPLICABLE AS OF THE DECEDENT'S 27 DATE OF DEATH. 28 AN APPORTIONMENT OF THE MONEYS ON THE BASIS OF THE PERIODS AND PLACES 29 OF SERVICE OF SUCH MEMBERS OF THE ARMED FORCES SHALL BE PRESCRIBED BY 30 GENERAL LAWS; PROVIDED, HOWEVER, THAT THE MAXIMUM AMOUNT TO BE PAID TO 31 ANY SUCH MEMBER ENTITLED TO SUCH BONUS WITH OVERSEAS SERVICE SHALL BE 32 FOUR HUNDRED DOLLARS AND THE MAXIMUM AMOUNT TO BE PAID TO ANY SUCH 33 MEMBER ENTITLED TO SUCH BONUS WITH STATESIDE SERVICE SHALL BE THREE 34 HUNDRED DOLLARS. 35 (C) The aggregate of ALL OF the debts authorized by this section shall 36 not exceed [four] SIX hundred million dollars. 37 (D) The provisions of this article, not inconsistent with this 38 section, relating to the issuance of bonds for a debt or debts of the 39 state and the maturity and payment thereof, shall apply to a debt or 40 debts created pursuant to this section; except that [the] ANY law 41 authorizing the contracting of such debt or debts shall take effect 42 without submission to the people pursuant to section eleven of this 43 article. 44 (E) Proceeds of bonds issued pursuant to law, as authorized by SUBDI- 45 VISION (A) OF this section as in force prior to January first, nineteen 46 hundred fifty AND PROCEEDS OF BONDS ISSUED PURSUANT TO LAW, AS AUTHOR- 47 IZED BY SUBDIVISION (B) OF THIS SECTION AS IN FORCE PRIOR TO JANUARY 48 FIRST, TWO THOUSAND FIFTEEN shall be available and may be expended for 49 the payment of such bonus to persons qualified therefor as now provided 50 by this section. 51 S 2. RESOLVED (if the Senate concur), That the foregoing amendment be 52 referred to the first regular legislative session convening after the 53 next succeeding general election of members of the assembly, and, in 54 conformity with section 1 of article 19 of the constitution, be 55 published for 3 months previous to the time of such election.