§ 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, 2020

* 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, 2020

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.