N.Y. Military Law § 221: Military funds

§ 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, 2027

* 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, 2027

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.