BILL NUMBER:S5805

TITLE OF BILL:  An act to amend the military law, in relation to estab-
lishing the Lt. Colonel Todd Clark Memorial Flag Presentment Program

PURPOSE:  This bill would establish the Lt. Colonel Todd Clark Memorial
Flag Presentment Program to present flags lowered to half staff by order
of the Governor to be presented to the family next of kin of a fallen
military service member.

SUMMARY OF SPECIFIC PROVISIONS:  Specifically, this bill would amend
section 250-a of the military law to establish the Lt. Colonel Todd
Clark Memorial Flag Presentment Program.

This program would provide that in the event the governor orders the
flags of the United States and the State of New York, to be lowered to
half staff, in memorial of the death of any military service member, the
adjutant general, shall, in cooperation with the office of general
services, arrange for the procurement of a flag of the United States and
a flag of the State of New York, which were flying over the capitol
building at the time such flags were lowered to half staff in compliance
with the governor's order.

Upon the procurement of such flags, the adjutant general, or his or her
representative, shall offer the presentment of such flags, without cost,
to the person designated to dispose of the remains of the service
              

member, in whose honor such flags were lowered in memorial.

For the purposes of this section, the following persons in the order
named shall be designated to dispose of the remains of a decedent:

1. Surviving spouse of decedent

2. Blood relatives of the decedent

3. Adoptive relatives of the decedent

4. Person standing in loco parentis to decedent

JUSTIFICATION:  This bill would establish the Lt. Colonel Todd Clark
Memorial Flag Presentment Program, to present flags lowered to half
staff over the capitol building, by order of the Governor, to the next
of kin of a fallen military service member.

Lt. Colonel Clark was a soldier serving in the United States Army, who
after multiple combat tours in the Middle East, was recently killed in
the service of his nation. Between tours, Lt. Colonel Clark, seriously
wounded during prior duty, visited the capitol building, visiting with
legislators and representing the army and its mission with great
distinction. Called back to active duty in Afghanistan, Lt. Colonel
Clark bravely confronted a terrorist threatening soldiers in his unit,
and was shot and killed during the incident. He was honored by the

Governor after his death, by having the flags of the United States and
the State of New York lowered to half staff, in memorial to his devoted
service.

Presently, flags lowered to half staff in honor of a fallen service
member are retired after their initial use. This new program would have
such flags offered for presentment to the next of kin of such service
member, to demonstrate the appreciation of a grateful state.  This
offering, which has no cost to the state, would provide a significant
demonstration of public respect and appreciation, that any such sacri-
ficing veteran, and their surviving family, deserves.

PRIOR LEGISLATIVE HISTORY:  This is a new bill.

BUDGET IMPLICATIONS:  None noted.

EFFECTIVE DATE:  This act would take effect immediately.