Senate Bill S651

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

                                   651

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation  to  awarding  an  annual
  annuity to recipients of purple heart medals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 369 to
read as follows:
  S 369.  PAYMENT TO RECIPIENTS OF PURPLE  HEART  MEDALS.    1.  ANNUITY
ESTABLISHED.    (A)  A  RECIPIENT  OF  A  PURPLE HEART (AUTHORIZED TO BE
AWARDED PURSUANT TO EXECUTIVE ORDER 11016), SHALL  UPON  APPLICATION  TO
THE STATE DIRECTOR, BE PAID AN ANNUAL ANNUITY OUT OF THE TREASURY OF THE
STATE  FOR THE SUM OF ONE THOUSAND DOLLARS FOR SUCH TERM AS SUCH RECIPI-
ENT SHALL BE ENTITLED THERETO UNDER THE PROVISIONS OF THIS ARTICLE.
  (B) THE ENTITLEMENT OF ANY  RECIPIENT  OF  A  PURPLE  HEART  MEDAL  TO
RECEIVE  THE  ANNUITY  HEREIN  PROVIDED  SHALL TERMINATE UPON HIS OR HER
DEATH OR UPON HIS OR HER CEASING TO CONTINUE TO BE A RESIDENT AND  DOMI-
CILED  IN  THE STATE OF NEW YORK, BUT SUCH ENTITLEMENT MAY BE REINSTATED
UPON APPLICATION TO THE STATE DIRECTOR, IF SUCH RECIPIENT  SHALL  THERE-
AFTER RESUME HIS OR HER RESIDENCE AND DOMICILE OF THE STATE.
  (C)  THE EFFECTIVE DATE OF AN AWARD OF THE ANNUITY TO A RECIPIENT OF A
PURPLE HEART MEDAL SHALL BE THE DAY AFTER THE AWARDING OF A PURPLE HEART
MEDAL IF THE APPLICATION THEREFOR IS RECEIVED WITHIN ONE YEAR  FROM  THE
DATE OF AWARDING THE PURPLE HEART MEDAL.  IF THE APPLICATION IS RECEIVED
AFTER  THE EXPIRATION OF THE FIRST YEAR FOLLOWING THE DATE OF THE AWARD-
ING OF THE PURPLE HEART MEDAL, THE EFFECTIVE DATE OF  AN  AWARD  OF  THE
ANNUITY  TO  A  RECIPIENT  OF  A PURPLE HEART MEDAL SHALL BE THE DATE OF
RECEIPT OF THE APPLICATION BY THE STATE DIRECTOR. IF THE APPLICATION  IS
DENIED  BUT IS GRANTED AT A LATER DATE UPON AN APPLICATION FOR RECONSID-

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

                                                           LBD03575-01-3

S. 651                              2

ERATION BASED UPON NEW EVIDENCE, THE EFFECTIVE DATE OF THE AWARD OF  THE
ANNUITY  TO A RECIPIENT OF A PURPLE HEART MEDAL SHALL BE THE DATE OF THE
RECEIPT OF THE APPLICATION FOR RECONSIDERATION BY THE STATE DIRECTOR.
  (D)  ANY  APPLICANT  CONVICTED  OF  MAKING  ANY FALSE STATEMENT IN THE
APPLICATION FOR THE ANNUITY SHALL BE SUBJECT TO PENALTIES PRESCRIBED  IN
THE PENAL LAW.
  2.  QUALIFICATIONS. (A) ANY RECIPIENT OF A PURPLE HEART MEDAL (AUTHOR-
IZED TO BE AWARDED PURSUANT TO EXECUTIVE ORDER 11016), WHO IS A RESIDENT
OF THE STATE OF NEW YORK, SHALL MAKE APPLICATION TO THE DIVISION.
  (B) NO ENTITLEMENT SHALL BE PAID UNDER THIS SECTION TO OR FOR A RECIP-
IENT OF A PURPLE HEART MEDAL WHO IS IN PRISON IN A  FEDERAL,  STATE,  OR
LOCAL  PENAL INSTITUTION AS A RESULT OF CONVICTION OF A FELONY OR MISDE-
MEANOR FOR ANY PART OF THE PERIOD BEGINNING SIXTY-ONE DAYS AFTER HIS  OR
HER IMPRISONMENT BEGINS AND ENDING WITH HIS OR HER RELEASE.
  (C)  THE  DECISION OF THE DIRECTOR ON MATTERS REGARDING THE PAYMENT OF
SUCH ANNUITY SHALL BE FINAL.
  3. METHOD OF PAYMENT. (A) EVIDENCE OF  THE  MILITARY  SERVICE  OF  THE
RECIPIENT  FOR  EACH  CASE  SHALL  BE  FURNISHED  IN THE MANNER AND FORM
PRESCRIBED BY THE STATE DIRECTOR.
  (B) UPON BEING SATISFIED THAT SUCH SERVICE WAS HONORABLE,  THAT  OTHER
FACTS  AND  STATEMENTS  IN THE APPLICATION OF SUCH RECIPIENT OF A PURPLE
HEART MEDAL ARE TRUE, THE STATE DIRECTOR  SHALL  CERTIFY  TO  THE  STATE
COMPTROLLER THE NAME AND ADDRESS OF SUCH RECIPIENT.
  (C)  THEREAFTER,  THE  DEPARTMENT OF TAXATION AND FINANCE, THROUGH THE
DIVISION OF FINANCE, ON THE AUDIT AND WARRANT OF THE COMPTROLLER,  SHALL
PAY  SUCH RECIPIENT OF A PURPLE HEART MEDAL SUCH SUM AS IS AUTHORIZED BY
THE PROVISIONS OF THIS SECTION IN SEMI-ANNUAL INSTALLMENTS FOR  SO  LONG
AS  SUCH  QUALIFIED  RECIPIENT  OF  A  PURPLE HEART MEDAL SHALL MEET THE
REQUIREMENTS OF THIS SECTION.
  4. REPORT. THE STATE DIRECTOR SHALL SUBMIT A REPORT TO  THE  GOVERNOR,
THE CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY
WAYS  AND  MEANS COMMITTEE NOT LATER THAN JANUARY FIFTEENTH OF EACH YEAR
THIS SECTION IS IN EFFECT.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
ED  TO  REGULATIONS  PROMULGATED  PURSUANT  TO  THIS  SECTION,   AND   A
DESCRIPTION AND EVALUATION OF THE PROGRAM.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided rules and regulations necessary for
the  implementation of this act on its effective date are authorized and
directed to be made by the division of veterans' affairs  on  or  before
such effective date.