S T A T E   O F   N E W   Y O R K
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                                  5146

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

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.
              

                                                           LBD89032-01-9

A. 5146                             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
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] BONUSES to persons qualified therefor as now
provided by this section.

A. 5146                             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.