Bill S179A-2013

Provides for payment of bonuses to veterans of the Korean war

Provides for payment of bonuses to veterans of the Korean war.

Details

Actions

  • May 5, 2014: OPINION REFERRED TO JUDICIARY
  • Mar 28, 2014: PRINT NUMBER 179A
  • Mar 28, 2014: AMEND AND RECOMMIT TO JUDICIARY
  • Feb 21, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S179A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

Provides for the creation of state debts to fund the payment of, and to pay, bonuses to members of the armed forces for Korea service.

SUMMARY OF SPECIFIC PROVISIONS:

The legislature would authorize the creation of a debt or debts to provide payment of a bonus to each member of the United States Armed Forces who served in the Korean Conflict. (June 27, 1950-January 31, 1955).

JUSTIFICATION:

With the exception of a bonus for World War II Merchant Marine's enacted into law in 2007, the last time the State of New York offered a bonus was for veterans who served during World War II. It was granted by the Legislature in 1947 and approved by the voters the same year. As Thomas E. Dewey stated in his approval message: "We owe a real debt of gratitude of our veterans."

This legislation presents a bonus in appreciation and acknowledgement of the service and sacrifices by our veterans during the Korean War.

PRIOR LEGISLATIVE HISTORY:

2012: Referred to Judiciary To Attorney General for Opinion 2011: Referred to Judiciary To Attorney General for Opinion 2010: S.4047A (Squadron) - Judiciary, A.5048A (Cusick) - Veterans Affairs 2009: S.4047A (Squadron) - Judiciary, A.5048A (Cusick) - Ways and Means 2008: A.11266 - Opinion referred to Judiciary 2000: A.11308 (Connelly) died in Assembly Judiciary

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

The amendment is 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 or article 19 of the constitution and published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 179--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. SQUADRON, ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89003-02-4 S. 179--A 2 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 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 FIFTEEN 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 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.

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