HOUSE JOINT RESOLUTION NO. 105
(By Delegates Fleischauer, Staton, Michael, Amores, Mezzatesta,
Mahan and Trump)
[Introduced February 11, 2004; referred to the
Committee on Constitutional Revisions then Finance .]
Proposing an amendment to the Constitution of the State of West
Virginia, authorizing appropriations and/or the issuance and
sale of additional state bonds in an amount not exceeding six
million dollars for the purpose of paying bonuses to certain
veterans or to relatives of certain veterans; numbering and
designating such proposed amendment; and providing a
summarized statement of purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year two thousand four, or at any special election held prior
thereto, which proposed amendment is as follows:
VETERANS BONUS AMENDMENT
(Kosovo, Afghanistan, and Iraq)
The Legislature shall provide by law, either for the
appropriation from the general revenues of the State, or for the
issuance and sale of state bonds, which shall be in addition to all
other state bonds heretofore issued, or a combination of both as
the Legislature may determine, for the purpose of paying a cash
bonus to (1)veterans of the armed forces of the United States who
served on active duty, or were members of reserve components called
to active duty by the President of the United States under Title
10, United States Code section 12301, 12302, 12303 or 12304 during
the Iraqi War, between the nineteenth day of March, two thousand
three and the date determined by the President or Congress of the
United States as the end of the involvement of the United States
armed forces in Iraq, both dates inclusive; or (2)veterans, active
service members, or members of reserve components of the armed
forces of the United States, who served on active duty in one of
the military operations for which he or she received a campaign
badge or expeditionary medal during the periods hereinafter
described. For purposes of this amendment, periods of active duty
in a campaign or expedition are designated as: the conflict in
Kosovo between the twentieth day of November, one thousand nine
hundred ninety-five and the thirty-first day of December, two
thousand, both dates inclusive; and the conflict in Afghanistan,
between the seventh day of October, two thousand one and the date determined by the President or Congress of the United States as the
end of the involvement of the United States armed forces in
Afghanistan, both dates inclusive. For purposes of this amendment
not more than one bonus shall be paid to or on behalf of the
service of a veteran. In order to be eligible to receive a bonus,
a veteran must have been a bona fide resident of the State of West
Virginia at the time of his or her entry into such active service
and for a period of at least six months immediately prior thereto,
and has not been separated from such service under conditions other
than honorable. Such bonus shall also be paid to any veteran
otherwise qualified under the two sentences next preceding, who was
discharged within ninety days after entering the armed forces
because of a service-connected disability. The amount of the bonus
shall be six hundred dollars per eligible veteran who was in active
service, inside the combat zone in Kosovo, Afghanistan or Iraq as
designated by the President or Congress of the United States at
anytime during the dates specified hereinabove. The amount of bonus
shall be four hundred dollars per eligible veteran who was in
active service outside of the combat zone designated by the
President or Congress of the United States at anytime during the
dates specified hereinabove. The bonus to which any deceased
veteran would have been entitled, if living, shall be paid to the
following surviving relatives of the veteran, if such relatives are
residents of the State when such application is made and if such relatives are living at the time payment is made: Any unremarried
widow or widower, or, if none, all children, stepchildren and
adopted children under the age of eighteen, or, if none, any
parent, stepparent, adoptive parent or person standing in loco
parentis. The categories of persons listed shall be treated as
separate categories listed in order of entitlement and where there
is more than one member of a class, the bonus shall be paid to each
member according to his or her proportional share. Where a
deceased veteran's death was connected with the service and
resulted from the service during the time period specified,
however, the surviving relatives shall be paid, in accordance with
the same order of entitlement, the sum of two thousand dollars in
lieu of any bonus to which the deceased might have been entitled if
living. The person receiving the bonus shall not be required to
include the bonus as income for State income tax purposes.
The principal amount of any bonds issued for the purpose of
paying the bonuses provided for in this amendment shall not exceed
the principal amount of six million dollars, but may be funded or
refunded either on the maturity dates of the bonds or on any date
on which the bonds are callable prior to maturity, and if any of
the bonds have not matured or are not then callable prior to
maturity, the Legislature may nevertheless provide at any time for
the issuance of refunding bonds to fund or refund the bonds on the
dates when the bonds mature or on any date on which the bonds are callable prior to maturity and for the investment or reinvestment
of the proceeds of the refunding bonds in direct obligations of the
United States of America until the date or dates upon which the
bonds mature or are callable prior to maturity. The principal
amount of any refunding bonds issued under the provisions of this
paragraph shall not exceed the principal amount of the bonds to be
funded or refunded thereby.
The bonds may be issued from time to time for the purposes
authorized by this amendment as separate issues or as combined
issues.
Whenever the Legislature shall provide for the issuance of any
bonds under the authority of this amendment, it shall at the same
time provide for the levy, collection and dedication of an
additional tax, or enhancement to such other tax as the Legislature
may determine, in such amount as may be required to pay annually
the interest on the bonds and the principal thereof within and not
exceeding fifteen years, and all such taxes or charges so levied
shall be irrevocably dedicated for the payment of the principal of
and interest on the bonds until such principal of and interest on
the bonds are finally paid and discharged and any of the covenants,
agreements or provisions in the acts of the Legislature levying
such taxes or charges shall be enforceable in any court of
competent jurisdiction by any of the holders of said bonds. Any
revenue generated in excess of that which is required to pay the bonuses herein and to pay any administrative cost associated with
the payment shall be used to pay the principal and interest on any
bonds issued as soon as is economically practicable.
The Legislature shall have the power to enact legislation
necessary and proper to implement the provisions of this amendment.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Veterans Bonus Amendment of 2004," and the purpose of the
proposed amendment is summarized as follows: "To amend the State
Constitution to permit the Legislature to appropriate general
revenues or sell state bonds for the payment of bonuses and death
benefits to veterans of the conflicts in Kosovo, Afghanistan and
Iraq or to their relatives, and to impose or increase a tax to pay
for the bonds.
NOTE: The purpose of this resolution is to amend the state
Constitution to provide for a general revenue bond or a tax
increase to provide veterans or their families with a bonus or a
death benefit for serving his or her country in Kosovo,
Afghanistan, and Iraq.
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