§ 221 — Military funds

§ 221. Military funds. * 1. The military fund of a unit of the\norganized militia shall consist of the sums paid to the adjutant general\nas prescribed in this section, the fines paid pursuant to the sentence\nof a military court and the moneys recovered from property losses and\npaid as provided by this chapter. Such fund may be created by the\nreceipt of moneys from any of the above sources.\n * NB Effective until September 1, 2027\n * 1. The military fund of a unit of the organized militia shall\nconsist of the sums paid to the adjutant general as prescribed in this\nsection, the fines paid pursuant to the sentence of a military court and\nthe moneys recovered from property losses and paid as provided by this\nchapter and the share of armory rentals credited to such fund as\nprovided by this chapter. Such fund may be created by the receipt of\nmoneys from any of the above sources.\n * NB Effective September 1, 2027\n 2. On the certificate of the adjutant general, the comptroller of the\nstate shall annually from funds appropriated therefor draw his warrant\nin favor of the adjutant general for the units of the organized militia\nmentioned therein to defray necessary military expenses prescribed by\nregulations issued pursuant to this chapter, as follows:\n a. For each separate division or separate company of the New York\nnaval militia and each separate company or separate detachment or\nseparate corresponding unit of the other forces of the organized\nmilitia, as designated and prescribed by regulations issued pursuant to\nthis chapter, two hundred fifty dollars.\n b. For each unit of the organized militia, as designated and\nprescribed by regulations issued pursuant to this chapter, a sum\napportioned by the adjutant general in proportion to the enlisted\npersonnel assigned strength in each such unit on the preceding March\nthirty-one. The adjutant general shall by regulation establish a formula\nfor determination of enlisted personnel assigned strength to be used in\ncomputing the entitlement of any unit to funds under this section. Said\nformula shall require attendance at a specified number of compulsory\ndrills or assemblies in the preceding fiscal year.\n 3. a. Except as to collections made from the fund for property losses\npursuant to section fifty-two of this chapter, the military fund of a\nunit shall be expended upon approval of an auditing board composed as\nprescribed by regulations issued pursuant to this chapter.\n b. Each claim examined and found correct by the auditing board and\neach collection for property losses assessed by the adjutant general\npursuant to section fifty-two of this chapter, shall be paid from the\nmilitary fund of a unit after the vouchers in support thereof have been\napproved as provided in regulations issued pursuant to this chapter and\nby the comptroller of the state.\n 4. The adjutant general is hereby authorized and empowered to draw,\nuse and apply or place in escrow to the benefit of any unit of the\norganized militia and of units of the organized militia in the active\nmilitary service of the United States or otherwise to direct the\ndisposition of any and all moneys and balances remaining in his hands to\nthe credit of any unit of the organized militia which has been\ndisbanded, inactivated, ordered or called into the active military\nservice of the United States or to pay audited bills of disbanded or\ninactivated units or of units ordered or called into the active military\nservice of the United States from such funds, or from unexpended\nappropriations for the division of military and naval affairs where\nbalances remain.\n All unexpended and unobligated balances of unit funds remaining to the\ncredit of any unit of the organized militia or of any disbanded or\ndeactivated unit and of any unit ordered or called into the active\nmilitary service of the United States shall at the end of each fiscal\nyear be turned over to the adjutant general and transmitted by him to\nthe state treasury. The use or appropriation by a county treasurer or by\nthe commissioner of finance of the city of New York of any money\nbelonging to the military fund of a unit of the organized militia to any\nuse or purpose not authorized by this chapter shall constitute the crime\nof larceny and be punished accordingly.\n 5. Any moneys which may have accrued or which may hereafter accrue and\nbe on deposit with the adjutant general, as interest upon moneys\nconstituting a military fund of a unit of the organized militia shall,\nexcept as otherwise provided in this chapter, be subject to the draft of\nthe adjutant general and shall be transmitted by him to the state\ntreasury.\n