Legislation

Search OpenLegislation Statutes

This entry was published on 2023-05-12
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 221
Military funds
Military (MIL) CHAPTER 36, ARTICLE 10
§ 221. Military funds. * 1. The military fund of a unit of the
organized militia shall consist of the sums paid to the adjutant general
as prescribed in this section, the fines paid pursuant to the sentence
of a military court and the moneys recovered from property losses and
paid as provided by this chapter. Such fund may be created by the
receipt of moneys from any of the above sources.

* NB Effective until September 1, 2025

* 1. The military fund of a unit of the organized militia shall
consist of the sums paid to the adjutant general as prescribed in this
section, the fines paid pursuant to the sentence of a military court and
the moneys recovered from property losses and paid as provided by this
chapter and the share of armory rentals credited to such fund as
provided by this chapter. Such fund may be created by the receipt of
moneys from any of the above sources.

* NB Effective September 1, 2025

2. On the certificate of the adjutant general, the comptroller of the
state shall annually from funds appropriated therefor draw his warrant
in favor of the adjutant general for the units of the organized militia
mentioned therein to defray necessary military expenses prescribed by
regulations issued pursuant to this chapter, as follows:

a. For each separate division or separate company of the New York
naval militia and each separate company or separate detachment or
separate corresponding unit of the other forces of the organized
militia, as designated and prescribed by regulations issued pursuant to
this chapter, two hundred fifty dollars.

b. For each unit of the organized militia, as designated and
prescribed by regulations issued pursuant to this chapter, a sum
apportioned by the adjutant general in proportion to the enlisted
personnel assigned strength in each such unit on the preceding March
thirty-one. The adjutant general shall by regulation establish a formula
for determination of enlisted personnel assigned strength to be used in
computing the entitlement of any unit to funds under this section. Said
formula shall require attendance at a specified number of compulsory
drills or assemblies in the preceding fiscal year.

3. a. Except as to collections made from the fund for property losses
pursuant to section fifty-two of this chapter, the military fund of a
unit shall be expended upon approval of an auditing board composed as
prescribed by regulations issued pursuant to this chapter.

b. Each claim examined and found correct by the auditing board and
each collection for property losses assessed by the adjutant general
pursuant to section fifty-two of this chapter, shall be paid from the
military fund of a unit after the vouchers in support thereof have been
approved as provided in regulations issued pursuant to this chapter and
by the comptroller of the state.

4. The adjutant general is hereby authorized and empowered to draw,
use and apply or place in escrow to the benefit of any unit of the
organized militia and of units of the organized militia in the active
military service of the United States or otherwise to direct the
disposition of any and all moneys and balances remaining in his hands to
the credit of any unit of the organized militia which has been
disbanded, inactivated, ordered or called into the active military
service of the United States or to pay audited bills of disbanded or
inactivated units or of units ordered or called into the active military
service of the United States from such funds, or from unexpended
appropriations for the division of military and naval affairs where
balances remain.

All unexpended and unobligated balances of unit funds remaining to the
credit of any unit of the organized militia or of any disbanded or
deactivated unit and of any unit ordered or called into the active
military service of the United States shall at the end of each fiscal
year be turned over to the adjutant general and transmitted by him to
the state treasury. The use or appropriation by a county treasurer or by
the commissioner of finance of the city of New York of any money
belonging to the military fund of a unit of the organized militia to any
use or purpose not authorized by this chapter shall constitute the crime
of larceny and be punished accordingly.

5. Any moneys which may have accrued or which may hereafter accrue and
be on deposit with the adjutant general, as interest upon moneys
constituting a military fund of a unit of the organized militia shall,
except as otherwise provided in this chapter, be subject to the draft of
the adjutant general and shall be transmitted by him to the state
treasury.