S45-2011 Actions

• Feb 8, 2012: OPINION REFERRED TO JUDICIARY
• Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Jan 4, 2012: REFERRED TO JUDICIARY
• Apr 27, 2011: OPINION REFERRED TO JUDICIARY
• Jan 14, 2011: TO ATTORNEY-GENERAL FOR OPINION
• Jan 5, 2011: REFERRED TO JUDICIARY

S45-2011 Memo

BILL NUMBER:S45

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:
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.

S45-2011 Text

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

                                     45

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced by Sens. SQUADRON, ADDABBO -- 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:

    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.
                                                             LBD89004-01-1

 S. 45                               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.  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  TWELVE 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.