A4506-2011 Actions

• Feb 16, 2012: opinion referred to judiciary
• Jan 18, 2012: to attorney-general for opinion
• Jan 4, 2012: referred to veterans' affairs
• Apr 25, 2011: opinion referred to judiciary
• Feb 7, 2011: to attorney-general for opinion
• Feb 3, 2011: referred to veterans' affairs

A4506-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4506
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 3, 2011
 
 Introduced  by  M.  of  A.  TITONE,  TOBACCO, SCHROEDER -- 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 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 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.
 LBD89036-01-1
 
       A. 4506                             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, 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
 LAW;  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 FOURTEEN shall be available and may be expended for
 the payment of such [bonus] BONUSES to persons qualified therefor as now
 provided by this section.
 
       A. 4506                             3
 

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.

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