STATE OF NEW YORK
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134--A
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
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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 § 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 § 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.
