S T A T E O F N E W Y O R K
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7921
2015-2016 Regular Sessions
I N A S S E M B L Y
June 1, 2015
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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
Section 1. Resolved (if the Senate concur), That section 18 of article
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.
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89013-01-5
A. 7921 2
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 SIXTEEN 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 Senate 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.