Senate Bill S4047

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4047--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced  by  Sens. SQUADRON, LANZA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  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

  Section 1. RESOLVED (if the Assembly concur), That section 18 of arti-
cle 7 of the constitution be amended to read as follows:
  S  18. (A) The legislature may authorize by law the creation of a debt
or debts of the state to provide for the payment of a bonus to each male
and female member of the armed forces of the United States, still in the
armed forces, or separated or discharged under honorable conditions, for
service while on active duty with the armed forces at  any  time  during
the  period  from  December  seventh,  nineteen hundred forty-one to and
including September second, nineteen hundred forty-five, who was a resi-
dent of this state for a period of at least six months immediately prior
to his or her enlistment, induction or call  to  active  duty.  The  law
authorizing  the  creation of the debt shall provide for payment of such
bonus to the next of kin of each male and female  member  of  the  armed
forces  who,  having  been  a resident of this state for a period of six
months immediately prior to his or her enlistment, induction or call  to
active  duty,  died  while  on active duty at any time during the period
from December seventh,  nineteen  hundred  forty-one  to  and  including
September  second,  nineteen  hundred  forty-five;  or who died while on
active duty subsequent to September second, nineteen hundred forty-five,
or after his or her separation or discharge under honorable  conditions,
prior to receiving payment of such bonus. An apportionment of the moneys
on the basis of the periods and places of service of such members of the
armed forces shall be provided by general laws.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89041-04-9

S. 4047--A                          2

  (B) THE LEGISLATURE MAY ALSO AUTHORIZE THE CREATION OF A DEBT OR DEBTS
OF  THE  STATE  TO  PROVIDE  FOR THE PAYMENT OF A BONUS TO EACH MALE AND
FEMALE MEMBER OF THE ARMED FORCES OF THE UNITED  STATES,  STILL  IN  THE
ARMED FORCES, OR SEPARATED OR DISCHARGED UNDER HONORABLE CONDITIONS, FOR
SERVICE  WHILE  ON  ACTIVE DUTY WITH THE ARMED FORCES AT ANY TIME DURING
THE PERIOD FROM JUNE  TWENTY-SEVENTH,  NINETEEN  HUNDRED  FIFTY  TO  AND
INCLUDING  JANUARY  THIRTY-FIRST,  NINETEEN HUNDRED FIFTY-FIVE.  THE LAW
AUTHORIZING THE CREATION OF THE DEBT SHALL PROVIDE FOR PAYMENT  OF  SUCH
BONUS  TO THE LEGATEES OR DISTRIBUTEES OF EACH MALE AND FEMALE MEMBER OF
THE ARMED FORCES WHO, WAS A RESIDENT OF THIS STATE, DIED WHILE ON ACTIVE
DUTY AT ANY TIME DURING THE PERIOD FROM  JUNE  TWENTY-SEVENTH,  NINETEEN
HUNDRED  FIFTY  TO  AND INCLUDING JANUARY THIRTY-FIRST, NINETEEN HUNDRED
FIFTY-FIVE; OR WHO DIED WHILE ON ACTIVE DUTY SUBSEQUENT TO JANUARY THIR-
TY-FIRST, NINETEEN HUNDRED FIFTY-FIVE, RESPECTIVELY, OR AFTER HIS OR HER
SEPARATION OR DISCHARGE UNDER HONORABLE CONDITIONS, PRIOR  TO  RECEIVING
PAYMENT OF SUCH BONUS.  IN THE EVENT SUCH MEMBER IS DECEASED, SUCH BONUS
MAY BE APPLIED FOR AND SHALL BE PAYABLE AS FOLLOWS:
  (1)  IF  THE  QUALIFIED PERSON LEFT A VALID WILL THAT PROVIDES FOR THE
DISPOSITION OF SUCH BONUS, EITHER SPECIFICALLY OR BY RESIDUARY  DISPOSI-
TION,  THEN  PURSUANT  TO  SUCH WILL, WHETHER OR NOT THE ESTATE HAS BEEN
CLOSED; OR
  (2) IN THE ABSENCE OF A VALID WILL MAKING A  DISPOSITION  AS  PROVIDED
FOR  IN  PARAGRAPH ONE OF THIS SUBDIVISION, THEN PURSUANT TO THE LAWS OF
INTESTATE SUCCESSION, AS IN EFFECT AND APPLICABLE AS OF  THE  DECEDENT'S
DATE OF DEATH.
  AN  APPORTIONMENT OF THE MONEYS ON THE BASIS OF THE PERIODS AND PLACES
OF SERVICE OF SUCH MEMBERS OF THE ARMED FORCES SHALL  BE  PRESCRIBED  BY
GENERAL  LAWS;  PROVIDED, HOWEVER, THAT THE MAXIMUM AMOUNT TO BE PAID TO
ANY SUCH MEMBER ENTITLED TO SUCH BONUS WITH OVERSEAS  SERVICE  SHALL  BE
FOUR  HUNDRED  DOLLARS  AND  THE  MAXIMUM  AMOUNT TO BE PAID TO ANY SUCH
MEMBER ENTITLED TO SUCH BONUS WITH  STATESIDE  SERVICE  SHALL  BE  THREE
HUNDRED DOLLARS.
  (C) The aggregate of ALL OF the debts authorized by this section shall
not exceed [four] SIX hundred million dollars.
  (D)  The  provisions  of  this  article,  not  inconsistent  with this
section, relating to the issuance of bonds for a debt or  debts  of  the
state  and  the  maturity  and payment thereof, shall apply to a debt or
debts created pursuant to  this  section;  except  that  [the]  ANY  law
authorizing  the  contracting  of  such  debt or debts shall take effect
without submission to the people pursuant  to  section  eleven  of  this
article.
  (E)  Proceeds of bonds issued pursuant to law, as authorized by SUBDI-
VISION (A) OF this section as in force prior to January first,  nineteen
hundred  fifty  AND PROCEEDS OF BONDS ISSUED PURSUANT TO LAW, AS AUTHOR-
IZED BY SUBDIVISION (B) OF THIS SECTION AS IN  FORCE  PRIOR  TO  JANUARY
FIRST,  TWO  THOUSAND TEN shall be available and may be expended for the
payment of such bonus to persons qualified therefor as now  provided  by
this section.
  S  2.  RESOLVED (if the Assembly concur), That the foregoing amendment
be 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  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.