Bill Text: NY S01685 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for payment of bonuses to veterans of the Korean war.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-13 - OPINION REFERRED TO JUDICIARY [S01685 Detail]
Download: New_York-2019-S01685-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1685 2019-2020 Regular Sessions IN SENATE January 15, 2019 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 Assembly concur), That section 18 of arti- 2 cle 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89074-01-9S. 1685 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 twenty-one shall be available and may be expended 45 for the payment of such bonus to persons qualified therefor as now 46 provided by this section. 47 § 2. Resolved (if the Assembly concur), That the foregoing amendment 48 be 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.
