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A06174 Summary:

BILL NOA06174
 
SAME ASSAME AS S03653
 
SPONSORCusick
 
COSPNSREnglebright, Santabarbara
 
MLTSPNSR
 
Amd Art 7 18, Constn
 
Provides for payment of bonuses to veterans of the Korean war.
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A06174 Actions:

BILL NOA06174
 
02/27/2017referred to veterans' affairs
03/01/2017to attorney-general for opinion
03/23/2017opinion referred to judiciary
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A06174 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6174
 
SPONSOR: Cusick
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Provides for the creation of state debts to fund the payment of, and to pay, bonuses to members of the armed forces for Korea service.   SUMMARY OF SPECIFIC PROVISIONS: The legislature would authorize the creation of a debt or debts to provide payment of a bonus to each member of the United States Armed Forces who served in the Korean Conflict (June 27, 1950-January 31, 1955).   JUSTIFICATION: With the exception of a bonus for World War II Merchant Marine's enacted into law in 2007, the last time the State of New York offered a bonus was for veterans who served during World War II. It was granted by the Legislature in 1947 and approved by the voters the same year. As Thomas E. Dewey stated in his approval message: "We owe a real debt of grati- tude of our veterans." This legislation presents a bonus in appreciation and acknowledgement of the service and sacrifices by our veterans during the Korean War.   PRIOR LEGISLATIVE HISTORY: 2016: A.7921 - Opinion referred to Judiciary. 2014: A.134A - Opinion referred to Judiciary. 2012: A.36 - Opinion referred to Judiciary. 2010: A.5048 Opinion referred to Judiciary. 2008: A.11266 - Opinion referred to Judiciary. 2000: A.11308 (Connelly) died in Assembly Judiciary.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: The amendment is referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 or article 19 of the consti- tution and published for 3 months previous to the time of such election.
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A06174 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6174
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2017
                                       ___________
 
        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    §  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.
                                                                   LBD89009-01-7

        A. 6174                             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 eighteen 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    § 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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