S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1342
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 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:
   §  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.
                                                            LBD89033-01-1

 S. 1342                             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 TWENTY-THREE shall be available and may be  expended
 for  the  payment  of  such  bonus  to persons qualified therefor as now
 provided by this section.
   § 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.