Section 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 July 31, 2011
    * 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 July 31, 2011
    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.