Extending the effectiveness of the military funds of the organized militia

Summary of provisions

Section 1 of the bill would amend section 3 of Part C of Chapter 152 of the Laws of 2001 to extend the expiration dates of Military Law §. 183(5) and 221(1) from July 31, 2011 to July 31, 2013.

Section 2 of the bill would make it effective immediately.

Existing law

Military Law § 183(5) provides that all moneys paid as rent for non-military use of an armory, together with all sums paid to cover expenses of heating and lighting, shall be transmitted by the Officer in Charge and Control of the armory through the Adjutant General, who is the Commissioner of the Division of Military and Naval Affairs, to the State treasury for deposit to the miscellaneous special revenue fund-339 armory rental account. The existing subdivision 5 expires on July 31, 2011 and, unless extended by this bill, the reversion provisions, which provide for only fifty percent of such sums to be transmitted and deposited in the 339 armory rental account, would become effective.

Military Law § 221 (1) provides that the military fund of a unit of the organized militia shall consist of the sums paid to the Adjutant General, as prescribed by Section 221 of the Military Law, which include fines paid pursuant to the sentence of a military court and the moneys recovered from property losses and paid as provided in the Military Law. The existing subdivision 1 expires on July 31, 2011 and, unless extended by this bill, the reversion provisions, which provide, in part, that the military fund shall consist of 50 percent of armory rental funds, would become effective.

Legislative history

Military Law §§ 183(5) and 221 (1), allowing rental of armories for non-military uses when space is available and defining State military unit funds, date back to 1951. Historically, expenditures from these State military unit funds were used to purchase recreation equipment for members of the organized militia stationed in armories (almost

exclusively the New York Army National Guard). In the late 1980s, State budget revenues were constrained statewide and armory rental income was in excess of what was needed for reasonable expenditures for recreational equipment. Consequently, the State Executive Budget began to utilize surplus armory rental income to offset armory facility maintenance costs. But for this application of surplus armory rental funds, many operational costs of armories could not have been met.

Every State Executive Budget enacted since 1991 has directed that 100 percent of military fund monies from armory rentals be redirected to the Division of Military and Naval Affairs (DMNA) armory facility operations costs. The former (reversion) provisions of Military Law §§ 183(5) and 221 (1) were annually superseded by budgetary enactments or, during the past 13 years, by bi-annual extension provisions in the State Executive Budget. Amendments to these provisions include: Chapter 152, Part C, Section 3 of the Laws of 2001; Chapter 62, Part D, Section 1 of the Laws of 2003; Chapter 52, Part A, Section 1 of the Laws of 2005; Chapter 56, Part B, Section 1 of the Laws of 2007; and Chapter 56, Part RR, Section 1 of the Laws of 2009.

Statement in support

For the past 20 years, DMNA has expended 100 percent of non-military use armory rental revenue funds ($250,000 during State Fiscal Year 2010-2011) to pay operating costs for New York Army National Guard armories statewide. If this bill is not enacted, the annual armory rental proceeds that are budgeted by the DMNA for critical maintenance of New York's aging armory facilities, many of which are among the oldest in the United States, would be reduced by 50 percent ($125,000). In a time of severe budgetary constraints, these funds are needed to provide training facilities to support the New York Army National Guard's homeland security and overseas national security missions. The loss of $125,000 from the DMNA facilities' maintenance budget would not only jeopardize mission capability, but it would mandate an unnecessary engorgement of the military funds of units whose recreational equipment needs have been adequately met during the past 20 years by appropriate expenditures from other DMNA State and federal fund sources.

Budget implications

This bill would ensure that the full amount of annual armory rental proceeds ($250,000 in State Fiscal Year 2010-2011) can be budgeted by DMNA for maintenance of New York Army National Guard armories. If the bill is not enacted, the maintenance budget would be reduced by 50 percent. The bill would not result in either a net increase or decrease in the State Executive Budget.

Effective date

This bill would take effect immediately upon enactment.