Bill Text: NY A05262 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the New York state armed services memorial award for liberty and honor with attendant honorarium for beneficiaries of deceased members and outlines criteria for distribution of honoraria to surviving spouses, children and/or parents; creates a fund for purposes of distribution of honoraria and makes an appropriation thereto.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2012-01-04 - referred to veterans' affairs [A05262 Detail]
Download: New_York-2011-A05262-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5262
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
___________
Introduced by M. of A. MENG, COLTON, SPANO -- Multi-Sponsored by -- M.
of A. ABBATE, PHEFFER, TITONE, WEISENBERG -- read once and referred to
the Committee on Veterans' Affairs
AN ACT to amend the military law, in relation to the New York state
armed services memorial award for liberty and honor and attendant
honorarium; to amend the state finance law, in relation to establish-
ing the New York state armed services memorial award for liberty and
honor fund; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The military law is amended by adding a new section 301-c
2 to read as follows:
3 S 301-C. NEW YORK STATE ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND
4 HONOR. 1. THE NEW YORK STATE ARMED SERVICES MEMORIAL AWARD FOR LIBERTY
5 AND HONOR SHALL BE MADE ON BEHALF OF ALL THE PEOPLE OF THE STATE OF NEW
6 YORK IN RECOGNITION OF THE SPECIAL PLACE OF HONOR EARNED BY NEW YORK
7 MEMBERS OF THE ARMED SERVICES WHO SELFLESSLY GAVE THEIR LIVES IN THE
8 CAUSE OF LIBERTY. ANY NEW YORK MEMBER OF THE ARMED SERVICES WHO IS
9 KILLED IN ACTION, OR WHO DIES AS A DIRECT RESULT OF AND WITHIN ONE YEAR
10 OF THE DATE OF AN INJURY OR ILLNESS SUSTAINED WHILE PERFORMING ACTIVE
11 DUTY, SHALL, UPON CERTIFICATION BY THE OFFICIAL REPRESENTATIVE OF THE
12 STATE OF NEW YORK, BE DEEMED A POSTHUMOUS RECIPIENT OF THE NEW YORK
13 STATE ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND HONOR.
14 2. THE AWARD ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
15 SHALL BE BESTOWED UPON EACH RECIPIENT BY MEANS OF AN OFFICIAL STATE
16 POSTHUMOUS COMMENDATION DELIVERED TO THE RECIPIENT'S FAMILY REPRESEN-
17 TATIVE BY THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK. EACH
18 AWARD SHALL INCLUDE AN ATTENDANT HONORARIUM.
19 3. THE HONORARIUM ATTENDANT TO THE MEMORIAL AWARD SHALL BE DETERMINED
20 AND DISTRIBUTED BY THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK
21 AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05519-01-1
A. 5262 2
1 (A) WHERE THE RECIPIENT IS SURVIVED BY A SPOUSE:
2 (I) WHO IS THE MARITAL PARENT OF THE RECIPIENT'S CHILD OR WHERE THE
3 MARRIAGE EXISTED FOUR OR MORE YEARS, THE SUM OF FIFTY THOUSAND DOLLARS
4 TO BE DISTRIBUTED TO THE SURVIVING SPOUSE IN EQUAL PERIODIC INSTALLMENTS
5 OVER A PERIOD OF FIVE YEARS; OR
6 (II) WHERE THE MARRIAGE EXISTED LESS THAN FOUR YEARS, THE SUM OF TWEN-
7 TY-FIVE THOUSAND DOLLARS TO BE DISTRIBUTED TO THE SURVIVING SPOUSE IN
8 EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF FIVE YEARS;
9 (III) EXCEPT IN EVERY CASE (A) NO SUM OR INSTALLMENTS, OTHER THAN
10 UNDISTRIBUTED RETROACTIVE INSTALLMENTS, SHALL BE DISTRIBUTED AFTER THE
11 REMARRIAGE OF THE SPOUSE WITHIN THREE YEARS OF THE RECIPIENT'S DEATH;
12 (B) NO SUM SHALL BE DISTRIBUTED TO ANY SPOUSE WHO, PRIOR TO THE RECIPI-
13 ENT'S DEATH, HAD SUBSTANTIALLY ABANDONED THE MARRIAGE, WAS OTHERWISE
14 SUBSTANTIALLY ESTRANGED FROM THE RECIPIENT OR WHO WAS LEGALLY SEPARATED
15 FROM THE RECIPIENT; AND (C) NO MORE THAN ONE PERSON SHALL QUALIFY AS THE
16 SPOUSE OF A RECIPIENT FOR PURPOSES OF THIS SUBDIVISION.
17 (B) WHERE THE RECIPIENT IS SURVIVED BY A DEPENDENT CHILD OR CHILDREN:
18 (I) WHERE THERE ARE FOUR OR FEWER DEPENDENT CHILDREN, TO EACH INDIVID-
19 UAL SURVIVING DEPENDENT CHILD THE SUM OF TWENTY-FIVE THOUSAND DOLLARS TO
20 BE DISTRIBUTED TO THE INDIVIDUAL CHILD IN EQUAL PERIODIC INSTALLMENTS
21 OVER A PERIOD OF FIVE YEARS; OR
22 (II) WHERE THERE ARE FIVE OR MORE DEPENDENT CHILDREN, TO EACH INDIVID-
23 UAL SURVIVING DEPENDENT CHILD AN EQUALLY DIVIDED SHARE OF THE SUM OF ONE
24 HUNDRED THOUSAND DOLLARS TO BE DISTRIBUTED TO THE INDIVIDUAL CHILD IN
25 EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF FIVE YEARS;
26 (III) EXCEPT IN EVERY CASE, (A) NO SUM OR INSTALLMENT SHALL BE
27 DISTRIBUTED TO ANY INDIVIDUAL CHILD OVER THE AGE OF TWENTY-THREE, UNLESS
28 SUCH CHILD IS PHYSICALLY OR MENTALLY DISABLED; (B) ANY SUM DISTRIBUTED
29 TO A SURVIVING DEPENDENT MINOR CHILD SHALL BE KEPT IN TRUST IN A FINAN-
30 CIAL ACCOUNT, OF A TYPE APPROVED BY THE STATE COMPTROLLER AS ONE APPRO-
31 PRIATE FOR MAINTAINING THE VALUE OF SUCH SUM, UNTIL SUCH MINOR CHILD
32 REACHES EIGHTEEN YEARS OF AGE, AT WHICH TIME, SUCH SUM IN TRUST, TOGETH-
33 ER WITH ANY INTEREST AND APPRECIATION AND ANY UNDISTRIBUTED INSTALL-
34 MENTS, SHALL BE DISTRIBUTED TO SUCH CHILD IN EQUAL PERIODIC INSTALLMENTS
35 OVER A PERIOD OF FIVE YEARS.
36 (C) WHERE THE RECIPIENT IS SURVIVED BY DEPENDENT LEGAL PARENTS:
37 (I) WHERE THE RECIPIENT IS SURVIVED BY TWO LEGAL PARENTS WHO WERE
38 SUBSTANTIALLY DEPENDENT UPON THE RECIPIENT, THE SUM OF THIRTY THOUSAND
39 DOLLARS TO BE DISTRIBUTED TO EACH SUCH INDIVIDUAL SURVIVING LEGAL PARENT
40 IN EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF THREE YEARS; OR
41 (II) WHERE THE RECIPIENT IS SURVIVED BY ONE LEGAL PARENT WHO WAS
42 SUBSTANTIALLY DEPENDENT UPON THE RECIPIENT, THE SUM OF FORTY-TWO THOU-
43 SAND FIVE HUNDRED DOLLARS TO BE DISTRIBUTED TO SUCH SURVIVING LEGAL
44 PARENT IN EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF THREE YEARS;
45 (III) EXCEPT IN EVERY CASE, (A) NO MORE THAN TWO PERSONS CAN QUALIFY
46 AS THE LEGAL PARENTS OF A RECIPIENT FOR PURPOSES OF THIS PARAGRAPH; AND
47 (B) NO SUM SHALL BE DISTRIBUTED TO ANY LEGAL PARENT WHO WAS SUBSTANTIAL-
48 LY ESTRANGED FROM THE RECIPIENT FOR THREE OR MORE YEARS IMMEDIATELY
49 PRIOR TO THE RECIPIENT'S DEATH.
50 (D) WHERE THE RECIPIENT IS SURVIVED BY NON-DEPENDENT LEGAL PARENTS:
51 (I) WHERE THE RECIPIENT IS SURVIVED BY TWO LEGAL PARENTS, NEITHER OF
52 WHOM WAS SUBSTANTIALLY DEPENDENT UPON THE RECIPIENT, THE SUM OF EIGHT
53 THOUSAND DOLLARS TO BE DISTRIBUTED TO EACH SURVIVING PARENT IN EQUAL
54 PERIODIC INSTALLMENTS OVER A PERIOD OF TWO YEARS; OR
55 (II) WHERE THE RECIPIENT IS SURVIVED BY ONE LEGAL PARENT, WHO WAS NOT
56 SUBSTANTIALLY DEPENDENT UPON THE RECIPIENT, THE SUM OF TWELVE THOUSAND
A. 5262 3
1 DOLLARS TO BE DISTRIBUTED TO SUCH SURVIVING LEGAL PARENT IN EQUAL PERI-
2 ODIC INSTALLMENTS OVER A PERIOD OF TWO YEARS;
3 (III) EXCEPT IN EVERY CASE, (A) NO MORE THAN TWO PERSONS CAN QUALIFY
4 AS THE LEGAL PARENTS OF A RECIPIENT FOR PURPOSES OF THIS PARAGRAPH; AND
5 (B) NO SUM SHALL BE DISTRIBUTED TO ANY INDIVIDUAL LEGAL PARENT WHO WAS
6 SUBSTANTIALLY ESTRANGED FROM THE RECIPIENT FOR THREE OR MORE YEARS IMME-
7 DIATELY PRIOR TO THE RECIPIENT'S DEATH.
8 (E) IN THE ABSENCE OF ANY SURVIVING LEGAL PARENT, WHERE ANOTHER RELA-
9 TIVE OR PERSON SERVED AS THE RECIPIENT'S DE FACTO PARENT OR LEGAL GUARD-
10 IAN FOR A SUBSTANTIAL PART OF THE RECIPIENT'S CHILDHOOD, SUCH DE FACTO
11 PARENT OR LEGAL GUARDIAN, SUBJECT TO THE DISCRETION OF THE OFFICIAL
12 REPRESENTATIVE OF THE STATE OF NEW YORK, MAY BE DEEMED TO QUALIFY AS A
13 LEGAL PARENT FOR PURPOSES OF THIS SUBDIVISION.
14 (F) IN NO CASE SHALL THE TOTAL HONORARIUM PAID IN CONNECTION WITH A
15 SINGLE MEMORIAL AWARD EXCEED THE SUM OF TWO HUNDRED TEN THOUSAND
16 DOLLARS, SUBJECT TO THE FOLLOWING LIMITATIONS: (I) IN NO CASE SHALL THE
17 TOTAL OF ALL SUMS DISTRIBUTED TO THE SPOUSE OF A RECIPIENT EXCEED FIFTY
18 THOUSAND DOLLARS; (II) IN NO CASE SHALL THE TOTAL OF ALL SUMS DISTRIB-
19 UTED TO THE DEPENDENT CHILDREN OF A RECIPIENT EXCEED ONE HUNDRED THOU-
20 SAND DOLLARS; (III) IN NO CASE SHALL THE TOTAL OF ALL SUMS DISTRIBUTED
21 TO DEPENDENT PARENTS OF A RECIPIENT EXCEED SIXTY THOUSAND DOLLARS; (IV)
22 IN NO CASE SHALL THE TOTAL OF ALL SUMS DISTRIBUTED TO NON-DEPENDENT
23 PARENTS OF A RECIPIENT EXCEED SIXTEEN THOUSAND DOLLARS; (V) AND IN NO
24 CASE SHALL THE TOTAL OF ALL SUMS DISTRIBUTED TO A COMBINATION OF BOTH
25 DEPENDENT AND NON-DEPENDENT PARENTS OF A RECIPIENT EXCEED FIFTY-FOUR
26 THOUSAND FIVE HUNDRED DOLLARS.
27 (G) UPON REQUEST FROM THE STATE DIRECTOR OF THE DIVISION OF VETERANS
28 AFFAIRS, THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK, MAY
29 DISTRIBUTE TO AN HONORARIUM BENEFICIARY, A SINGLE LUMP SUM AMOUNT NOT TO
30 EXCEED THE TOTAL OF ALL INSTALLMENTS SCHEDULED TO BE DISTRIBUTED TO SUCH
31 BENEFICIARY IN THE NEXT TWELVE MONTH PERIOD. ONLY ONE SUCH LUMP SUM
32 PAYMENT SHALL BE ALLOWED FOR EACH BENEFICIARY.
33 (H) THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK MAY MAKE
34 PROVISION FOR EACH NEW YORK MEMBER OF THE ARMED SERVICES TO MAKE A WRIT-
35 TEN DESIGNATION OF THOSE POTENTIAL BENEFICIARIES WHO WOULD AND WOULD NOT
36 BE ELIGIBLE, BASED ON AN EXCEPTION, FOR A PORTION OF AN HONORARIUM IN
37 ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
38 (I) NO PORTION OF ANY HONORARIUM SHALL BE SUBJECT TO INCOME TAX IN
39 THIS STATE AND NO PORTION OF ANY HONORARIUM SHALL BE INCLUDED IN ANY
40 CALCULATION OF INCOME OR FINANCIAL RESOURCES FOR ANY PURPOSE. NO PORTION
41 OF ANY HONORARIUM SHALL BE SUBJECT TO ASSIGNMENT OR ATTACHMENT. ANY
42 LEGAL DOCUMENT OR AGREEMENT PURPORTING TO REQUIRE OR ACCOMPLISH ANY OF
43 THESE PROHIBITED ACTIONS IS DEEMED VOID AS AGAINST PUBLIC POLICY.
44 (J) THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK SHALL MAKE,
45 BASED UPON REASONABLE EVIDENCE, A DETERMINATION REGARDING THE ELIGIBIL-
46 ITY OF ANY PERSON AS AN HONORARIUM BENEFICIARY WITHIN NINETY DAYS AFTER
47 THE DEATH OF THE RECIPIENT OF THE MEMORIAL AWARD. ELIGIBILITY TO RECEIVE
48 ANY PORTION OF AN HONORARIUM PURSUANT TO THIS SUBDIVISION MUST EXIST ON
49 THE DAY OF THE RECIPIENT'S DEATH. ANY PORTION OF AN HONORARIUM MAY BE
50 DETERMINED AND DISTRIBUTED SUBSEQUENT TO THE DELIVERY OF THE MEMORIAL
51 AWARD.
52 (K) PERIODIC INSTALLMENTS SHALL BE MADE AT LEAST FOUR TIMES PER YEAR.
53 THE PERIOD OF YEARS OVER WHICH PERIODIC INSTALLMENTS ARE TO BE PAID
54 SHALL COMMENCE ON THE NINETY-FIRST DAY AFTER THE DAY OF THE RECIPIENT'S
55 DEATH. IF PERIODIC INSTALLMENTS DO NOT ACTUALLY COMMENCE ON THAT DAY,
56 SUCH DELAYED PERIODIC INSTALLMENTS SHALL BE PAID RETROACTIVELY FOLLOWING
A. 5262 4
1 THE ISSUANCE OF THE FIRST REGULAR PERIODIC INSTALLMENT. ALL SUCH RETRO-
2 ACTIVE INSTALLMENTS SHALL BE SEPARATELY AGGREGATED INTO A LUMP SUM AND
3 THEN DISTRIBUTED IN AT LEAST FOUR BUT NOT MORE THAN SIXTEEN EQUAL QUAR-
4 TERLY INSTALLMENTS, COMMENCING WITHIN THIRTY DAYS AFTER THE ISSUANCE OF
5 THE FIRST REGULAR PERIODIC INSTALLMENT, SO AS TO APPROXIMATE THE APPLI-
6 CABLE PERIODIC SCHEDULE SPECIFIED IN THIS SUBDIVISION. IN NO CASE,
7 HOWEVER, SHALL ANY ADMINISTRATIVE DELAY BEYOND SUCH NINETY-FIRST DAY
8 RESULT IN ANY DIMINUTION OR REDUCTION IN THE SUM OF THE HONORARIUM
9 DETERMINED AND TO BE DISTRIBUTED PURSUANT TO THIS SUBDIVISION.
10 (L) UPON THE SUBSEQUENT DEATH OF A SPOUSE, CHILD OR PARENT ENTITLED TO
11 A SUM PURSUANT TO THIS SUBDIVISION, ALL INSTALLMENTS OF SUCH SUM THAT
12 HAVE NOT YET BEEN DISTRIBUTED TO SUCH SPOUSE, CHILD OR PARENT SHALL
13 BECOME PAYABLE TO SUCH PERSON'S ESTATE.
14 4. THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK SHALL FILE AN
15 ANNUAL REPORT WITH THE GOVERNOR AND THE STATE LEGISLATURE REGARDING ALL
16 MEMORIAL AWARDS BESTOWED. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED
17 TO:
18 (A) A DESCRIPTION OF ANY CASE WHERE A CLAIM FOR A PORTION OF AN HONO-
19 RARIUM WAS DENIED AND THE REASONS FOR SUCH DENIAL;
20 (B) RECOMMENDATIONS FOR LEGISLATIVE OR EXECUTIVE ACTION RELATING TO
21 THE MEMORIAL AWARD AND THE ATTENDANT HONORARIUM.
22 5. FOR PURPOSES OF THIS SECTION:
23 (A) "NEW YORK MEMBER OF THE ARMED SERVICES" MEANS ANY PERSON IN THE
24 ACTIVE MILITARY OF THE UNITED STATES, INCLUDING THE COAST GUARD, AND ANY
25 PERSON WHO IS A MEMBER OF THE NEW YORK STATE RESERVE, NEW YORK NATIONAL
26 GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA WHO WAS DOMICILED IN
27 THIS STATE AT THE TIME SUCH PERSON WAS CALLED TO ACTIVE SERVICE AND WHO
28 WAS DEPLOYED ON OR AFTER SEPTEMBER ELEVENTH, TWO THOUSAND ONE, IN
29 SUPPORT OF A WAR ENACTED BY THE CONGRESS OF THE UNITED STATES, INCLUDING
30 BUT NOT LIMITED TO "OPERATION ENDURING FREEDOM" OR "OPERATION IRAQI
31 FREEDOM."
32 (B) "OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK" MEANS THE ADJU-
33 TANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS.
34 (C) "SPOUSE" MEANS THE PERSON RECOGNIZED UNDER THE LAWS OF NEW YORK AS
35 LEGALLY MARRIED TO THE RECIPIENT AT THE TIME OF THE RECIPIENT'S DEATH.
36 (D) "MARITAL PARENT" MEANS A SPOUSE WHO IS LISTED AS THE BIOLOGICAL
37 MOTHER OR FATHER ON THE BIRTH CERTIFICATE OF RECIPIENT'S CHILD OR WHO
38 LEGALLY ADOPTED, OR IS IN THE PROCESS OF AND DOES SO ADOPT, RECIPIENT'S
39 CHILD.
40 (E) "CHILD" MEANS A BIOLOGICAL CHILD OF THE RECIPIENT, ALSO INCLUDING
41 ONE LATER BORN OF AN EXISTING PREGNANCY, OR A CHILD LEGALLY ADOPTED BY
42 THE RECIPIENT. AT THE DISCRETION OF THE OFFICIAL REPRESENTATIVE OF THE
43 STATE OF NEW YORK, A "CHILD" MAY ALSO INCLUDE A CHILD OF THE RECIPIENT'S
44 SPOUSE, PROVIDED THE RECIPIENT HAD A SUBSTANTIAL PARENTAL RELATIONSHIP
45 WITH SUCH CHILD AND PROVIDED SUCH CHILD RESIDED FULL TIME IN THE RECIPI-
46 ENT'S HOUSEHOLD DURING THE MARRIAGE.
47 (F) "LEGAL PARENT" MEANS A PERSON LISTED AS THE BIOLOGICAL MOTHER OR
48 FATHER ON THE RECIPIENT'S BIRTH CERTIFICATE OR A PERSON SUBSEQUENTLY
49 SPECIFIED AS THE RECIPIENT'S PARENT PURSUANT TO LAW.
50 S 2. The state finance law is amended by adding a new section 98-d to
51 read as follows:
52 S 98-D. NEW YORK STATE ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND
53 HONOR FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
54 STATE COMPTROLLER AND THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY
55 AND NAVAL AFFAIRS A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE
56 ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND HONOR FUND."
A. 5262 5
1 2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
2 OF SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO OR CREDITED TO
3 SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT. INVEST-
4 MENT EARNINGS CREDITED TO THE ASSETS OF THE FUND SHALL BECOME PART OF
5 THE ASSETS OF THE FUND.
6 3. MONIES OF THE FUND SHALL BE AVAILABLE FOR THE PURPOSES OF PAYING
7 HONORARIUMS PURSUANT TO THE NEW YORK STATE ARMED SERVICES MEMORIAL AWARD
8 FOR LIBERTY AND HONOR ESTABLISHED PURSUANT TO SECTION THREE HUNDRED
9 ONE-C OF THE MILITARY LAW.
10 4. ON AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, THE DIVISION OF MILI-
11 TARY AND NAVAL AFFAIRS MAY DEDUCT AND RETAIN FROM THE MONEYS IN THE FUND
12 AN AMOUNT EQUAL TO THE COSTS INCURRED BY SUCH DIVISION IN ADMINISTERING
13 THE PROVISIONS OF SECTION THREE HUNDRED ONE-C OF THE MILITARY LAW,
14 EXCEPT THAT SAID AMOUNT SHALL NOT EXCEED FIVE PERCENT OF THE MONEYS
15 DEPOSITED INTO THE FUND IN ANY FISCAL YEAR.
16 5. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
17 OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE ADJUTANT
18 GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS OR HIS OR HER
19 REPRESENTATIVE.
20 S 3. The sum of eight hundred fifty thousand dollars ($850,000), or so
21 much thereof as may be necessary, is hereby appropriated to the "New
22 York armed services memorial award for liberty and honor fund" from any
23 moneys in the state treasury in the general fund to the credit of the
24 state operations and aid to localities account not otherwise appropri-
25 ated for services and expenses of the division of military and naval
26 affairs for the purposes of carrying out the provisions of this act.
27 Such sum shall be payable on the audit and warrant of the state comp-
28 troller on vouchers certified or approved by the adjutant general of the
29 division of military and naval affairs, or his or her duly designated
30 representative in the manner provided by law. No expenditure shall be
31 made from this appropriation until a certificate of approval of avail-
32 ability shall have been issued by the director of the budget and filed
33 with the state comptroller and a copy filed with the chair of the senate
34 finance committee and the chair of the assembly ways and means commit-
35 tee. Such certificate may be amended from time to time by the director
36 of the budget and a copy of each such amendment shall be filed with the
37 state comptroller, the chair of the senate finance committee and the
38 chair of the assembly ways and means committee.
39 S 4. This act shall take effect on the one hundred eightieth day after
40 it shall have become a law; provided, however that effective immediate-
41 ly, the state director of the division of veterans' affairs and the
42 adjutant general of the division of military and naval affairs are
43 authorized and directed to add, amend and/or repeal any rule or regu-
44 lation necessary for the implementation of this act on its effective
45 date, and to identify any deceased New York members of the armed
46 services and the spouses, children and parents of such deceased recipi-
47 ents who are eligible to receive the memorial award and/or a portion of
48 the honorarium pursuant to section one of this act.
