Bill Text: NY A07921 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides for payment of bonuses to veterans of the Korean war.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2016-02-05 - opinion referred to judiciary [A07921 Detail]

Download: New_York-2015-A07921-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7921
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 1, 2015
                                      ___________
       Introduced  by M. of A. CUSICK, ENGLEBRIGHT -- 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 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
   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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89013-01-5
       A. 7921                             2
    1  FEMALE MEMBER OF THE ARMED FORCES OF THE UNITED  STATES,  STILL  IN  THE
    2  ARMED FORCES, OR SEPARATED OR DISCHARGED UNDER HONORABLE CONDITIONS, FOR
    3  SERVICE  WHILE  ON  ACTIVE DUTY WITH THE ARMED FORCES AT ANY TIME DURING
    4  THE  PERIOD  FROM  JUNE  TWENTY-SEVENTH,  NINETEEN  HUNDRED FIFTY TO AND
    5  INCLUDING JANUARY THIRTY-FIRST, NINETEEN HUNDRED FIFTY-FIVE.    THE  LAW
    6  AUTHORIZING  THE  CREATION OF THE DEBT SHALL PROVIDE FOR PAYMENT OF SUCH
    7  BONUS TO THE LEGATEES OR DISTRIBUTEES OF EACH MALE AND FEMALE MEMBER  OF
    8  THE ARMED FORCES WHO, WAS A RESIDENT OF THIS STATE, DIED WHILE ON ACTIVE
    9  DUTY  AT  ANY  TIME DURING THE PERIOD FROM JUNE TWENTY-SEVENTH, NINETEEN
   10  HUNDRED FIFTY TO AND INCLUDING JANUARY  THIRTY-FIRST,  NINETEEN  HUNDRED
   11  FIFTY-FIVE; OR WHO DIED WHILE ON ACTIVE DUTY SUBSEQUENT TO JANUARY THIR-
   12  TY-FIRST, NINETEEN HUNDRED FIFTY-FIVE, RESPECTIVELY, OR AFTER HIS OR HER
   13  SEPARATION  OR  DISCHARGE UNDER HONORABLE CONDITIONS, PRIOR TO RECEIVING
   14  PAYMENT OF SUCH BONUS.  IN THE EVENT SUCH MEMBER IS DECEASED, SUCH BONUS
   15  MAY BE APPLIED FOR AND SHALL BE PAYABLE AS FOLLOWS:
   16    (1) IF THE QUALIFIED PERSON LEFT A VALID WILL THAT  PROVIDES  FOR  THE
   17  DISPOSITION  OF SUCH BONUS, EITHER SPECIFICALLY OR BY RESIDUARY DISPOSI-
   18  TION, THEN PURSUANT TO SUCH WILL, WHETHER OR NOT  THE  ESTATE  HAS  BEEN
   19  CLOSED; OR
   20    (2)  IN  THE  ABSENCE OF A VALID WILL MAKING A DISPOSITION AS PROVIDED
   21  FOR IN PARAGRAPH ONE OF THIS SUBDIVISION, THEN PURSUANT TO THE  LAWS  OF
   22  INTESTATE  SUCCESSION,  AS IN EFFECT AND APPLICABLE AS OF THE DECEDENT'S
   23  DATE OF DEATH.
   24    AN APPORTIONMENT OF THE MONEYS ON THE BASIS OF THE PERIODS AND  PLACES
   25  OF  SERVICE  OF  SUCH MEMBERS OF THE ARMED FORCES SHALL BE PRESCRIBED BY
   26  GENERAL LAWS; PROVIDED, HOWEVER, THAT THE MAXIMUM AMOUNT TO BE  PAID  TO
   27  ANY  SUCH  MEMBER  ENTITLED TO SUCH BONUS WITH OVERSEAS SERVICE SHALL BE
   28  FOUR HUNDRED DOLLARS AND THE MAXIMUM AMOUNT  TO  BE  PAID  TO  ANY  SUCH
   29  MEMBER  ENTITLED  TO  SUCH  BONUS  WITH STATESIDE SERVICE SHALL BE THREE
   30  HUNDRED DOLLARS.
   31    (C) The aggregate of ALL OF the debts authorized by this section shall
   32  not exceed [four] SIX hundred million dollars.
   33    (D) The  provisions  of  this  article,  not  inconsistent  with  this
   34  section,  relating  to  the issuance of bonds for a debt or debts of the
   35  state and the maturity and payment thereof, shall apply  to  a  debt  or
   36  debts  created  pursuant  to  this  section;  except  that [the] ANY law
   37  authorizing the contracting of such debt  or  debts  shall  take  effect
   38  without  submission  to  the  people  pursuant to section eleven of this
   39  article.
   40    (E) Proceeds of bonds issued pursuant to law, as authorized by  SUBDI-
   41  VISION  (A) OF this section as in force prior to January first, nineteen
   42  hundred fifty AND PROCEEDS OF BONDS ISSUED PURSUANT TO LAW,  AS  AUTHOR-
   43  IZED  BY  SUBDIVISION  (B)  OF THIS SECTION AS IN FORCE PRIOR TO JANUARY
   44  FIRST, TWO THOUSAND SIXTEEN shall be available and may be  expended  for
   45  the  payment of such bonus to persons qualified therefor as now provided
   46  by this section.
   47    S 2. Resolved (if the Senate concur), That the foregoing amendment  be
   48  referred  to  the  first regular legislative session convening after the
   49  next succeeding general election of members of  the  assembly,  and,  in
   50  conformity  with  section  1  of  article  19  of  the  constitution, be
   51  published for 3 months previous to the time of such election.
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