Bill Text: NY A07310 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes creation of a state debt for payment of a bonus to members of the armed forces from this state for service during the period of the Korean, Vietnam or Persian Gulf hostilities of a maximum of $400 for overseas service and $300 for stateside service.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2018-01-31 - opinion referred to judiciary [A07310 Detail]

Download: New_York-2017-A07310-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7310
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 21, 2017
                                       ___________
        Introduced by M. of A. TITONE -- read once and referred to the Committee
          on Veterans' Affairs
                    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 a  bonus  to  members  of  the
          armed  forces  from  this  state  for service during the period of the
          Korean, Vietnam or Persian Gulf hostilities
     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    § 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
    22  on the basis of the periods and places of service of such members of the
    23  armed forces shall be provided by general laws.
    24    (b) The legislature may also authorize the creation of a debt or debts
    25  of the state to provide for the payment of a  bonus  to  each  male  and
    26  female  member  of  the  armed forces of the United States, still in the
    27  armed forces, or separated or discharged under honorable conditions, for
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89107-01-7

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     1  service while on active duty with the armed forces at  any  time  during
     2  the  period  from  June  twenty-seventh,  nineteen  hundred fifty to and
     3  including January thirty-first, nineteen hundred fifty-five, during  the
     4  period  from  December  twenty-second, nineteen hundred sixty-one to and
     5  including May seventh, nineteen  hundred  seventy-five,  or  during  the
     6  period  from  August  second, nineteen hundred ninety to the end of such
     7  hostilities, who is a resident of this state.  The law  authorizing  the
     8  creation  of  the  debt  shall  provide for payment of such bonus to the
     9  legatees or distributees of each male and female  member  of  the  armed
    10  forces  who,  was a resident of this state, died while on active duty at
    11  any time during the period from June  twenty-seventh,  nineteen  hundred
    12  fifty  to  and  including  January thirty-first, nineteen hundred fifty-
    13  five, during the period from December  twenty-second,  nineteen  hundred
    14  sixty-one  to  and including May seventh, nineteen hundred seventy-five,
    15  or during the period from August second, nineteen hundred ninety to  the
    16  end  of such hostilities; or who died while on active duty subsequent to
    17  January thirty-first, nineteen hundred fifty-five, May seventh, nineteen
    18  hundred seventy-five, or the end of such hostilities,  respectively,  or
    19  after  his  or  her  separation or discharge under honorable conditions,
    20  prior to receiving payment of such bonus.  In the event such  member  is
    21  deceased, such bonus may be applied for and shall be payable as follows:
    22    (1)  if  the  qualified person left a valid will that provides for the
    23  disposition of such bonus, either specifically or by residuary  disposi-
    24  tion,  then  pursuant  to  such will, whether or not the estate has been
    25  closed; or
    26    (2) in the absence of a valid will making a  disposition  as  provided
    27  for  in  paragraph one of this subdivision, then pursuant to the laws of
    28  intestate succession, as in effect and applicable as of  the  decedent's
    29  date of death.
    30    An  apportionment of the moneys on the basis of the periods and places
    31  of service of such members of the armed forces shall  be  prescribed  by
    32  law;  provided,  however, that the maximum amount to be paid to any such
    33  member entitled to such  bonus  with  overseas  service  shall  be  four
    34  hundred  dollars  and  the  maximum amount to be paid to any such member
    35  entitled to such bonus with stateside service  shall  be  three  hundred
    36  dollars.
    37    (c) The aggregate of all of the debts authorized by this section shall
    38  not exceed [four] six hundred million dollars.
    39    (d)  The  provisions  of  this  article,  not  inconsistent  with this
    40  section, relating to the issuance of bonds for a debt or  debts  of  the
    41  state  and  the  maturity  and payment thereof, shall apply to a debt or
    42  debts created pursuant to  this  section;  except  that  [the]  any  law
    43  authorizing  the  contracting  of  such  debt or debts shall take effect
    44  without submission to the people pursuant  to  section  eleven  of  this
    45  article.
    46    (e)  Proceeds of bonds issued pursuant to law, as authorized by subdi-
    47  vision (a) of this section as in force prior to January first,  nineteen
    48  hundred  fifty  and proceeds of bonds issued pursuant to law, as author-
    49  ized by subdivision (b) of this section as in  force  prior  to  January
    50  first,  two thousand eighteen shall be available and may be expended for
    51  the payment of such [bonus] bonuses to persons qualified therefor as now
    52  provided by this section.
    53    § 2. RESOLVED (if the Senate concur), That the foregoing amendment  be
    54  referred  to  the  first regular legislative session convening after the
    55  next succeeding general election of members of  the  assembly,  and,  in

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     1  conformity  with  section  1  of  article  19  of  the  constitution, be
     2  published for 3 months previous to the time of such election.
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