Senate Bill S490

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

                                   490

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

            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 a bonus to members of the
  armed forces from this state for service  during  the  period  of  the
  Korean, Vietnam or Persian Gulf hostilities

  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.
              

                                                           LBD89032-01-9

S. 490                              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, DURING THE
PERIOD FROM DECEMBER TWENTY-SECOND, NINETEEN HUNDRED  SIXTY-ONE  TO  AND
INCLUDING  MAY  SEVENTH,  NINETEEN  HUNDRED  SEVENTY-FIVE, OR DURING THE
PERIOD FROM AUGUST SECOND, NINETEEN HUNDRED NINETY TO THE  END  OF  SUCH
HOSTILITIES,  WHO  IS A RESIDENT OF THIS STATE.  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,  DURING  THE  PERIOD  FROM  DECEMBER TWENTY-SECOND, NINETEEN
HUNDRED SIXTY-ONE TO AND INCLUDING MAY SEVENTH, NINETEEN HUNDRED  SEVEN-
TY-FIVE, OR DURING THE PERIOD FROM AUGUST SECOND, NINETEEN HUNDRED NINE-
TY  TO  THE  END  OF  SUCH HOSTILITIES; OR WHO DIED WHILE ON ACTIVE DUTY
SUBSEQUENT TO JANUARY THIRTY-FIRST,  NINETEEN  HUNDRED  FIFTY-FIVE,  MAY
SEVENTH,  NINETEEN HUNDRED SEVENTY-FIVE, OR THE END OF SUCH HOSTILITIES,
RESPECTIVELY, OR AFTER HIS OR HER SEPARATION OR DISCHARGE  UNDER  HONOR-
ABLE 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 TWELVE shall be available and may  be  expended  for

S. 490                              3

the payment of such [bonus] BONUSES 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.