Establishes the Lt. Colonel Todd Clark Memorial Flag Presentment Program

6 Co-sponsors

• Greg Ball
• Timothy M. Kennedy
• William J. Larkin Jr.
• Kathleen A. Marchione
• Patty Ritchie
• Cecilia Tkaczyk

BILL NUMBER:S5805

Title of bill

An act to amend the military law, in relation to estab- lishing the Lt. Colonel Todd Clark Memorial Flag Presentment Program

Purpose

This bill would establish the Lt. Colonel Todd Clark Memorial Flag Presentment Program to present flags lowered to half staff by order of the Governor to be presented to the family next of kin of a fallen military service member.

Summary of specific provisions

Specifically, this bill would amend section 250-a of the military law to establish the Lt. Colonel Todd Clark Memorial Flag Presentment Program.

This program would provide that in the event the governor orders the flags of the United States and the State of New York, to be lowered to half staff, in memorial of the death of any military service member, the adjutant general, shall, in cooperation with the office of general services, arrange for the procurement of a flag of the United States and a flag of the State of New York, which were flying over the capitol building at the time such flags were lowered to half staff in compliance with the governor's order.

Upon the procurement of such flags, the adjutant general, or his or her representative, shall offer the presentment of such flags, without cost, to the person designated to dispose of the remains of the service member, in whose honor such flags were lowered in memorial.

For the purposes of this section, the following persons in the order named shall be designated to dispose of the remains of a decedent:

1. Surviving spouse of decedent

2. Blood relatives of the decedent

3. Adoptive relatives of the decedent

4. Person standing in loco parentis to decedent

Justification

This bill would establish the Lt. Colonel Todd Clark Memorial Flag Presentment Program, to present flags lowered to half staff over the capitol building, by order of the Governor, to the next of kin of a fallen military service member.

Lt. Colonel Clark was a soldier serving in the United States Army, who after multiple combat tours in the Middle East, was recently killed in the service of his nation. Between tours, Lt. Colonel Clark, seriously wounded during prior duty, visited the capitol building, visiting with legislators and representing the army and its mission with great distinction. Called back to active duty in Afghanistan, Lt. Colonel Clark bravely confronted a terrorist threatening soldiers in his unit, and was shot and killed during the incident. He was honored by the

Governor after his death, by having the flags of the United States and the State of New York lowered to half staff, in memorial to his devoted service.

Presently, flags lowered to half staff in honor of a fallen service member are retired after their initial use. This new program would have such flags offered for presentment to the next of kin of such service member, to demonstrate the appreciation of a grateful state. This offering, which has no cost to the state, would provide a significant demonstration of public respect and appreciation, that any such sacri- ficing veteran, and their surviving family, deserves.

Prior legislative history

This is a new bill.

Budget implications

None noted.

Effective date

This act would take effect immediately.