S T A T E   O F   N E W   Y O R K
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                                  4652

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by M. of A. MENG, COLTON, DelMONTE, SPANO -- Multi-Sponsored
  by -- M. of A.  ABBATE, GREENE, 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:

  Section 1. The military law is amended by adding a new  section  301-c
to read as follows:
  S  301-C. NEW YORK STATE ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND
HONOR.  1. THE NEW YORK STATE ARMED SERVICES MEMORIAL AWARD FOR  LIBERTY
AND  HONOR SHALL BE MADE ON BEHALF OF ALL THE PEOPLE OF THE STATE OF NEW
YORK IN RECOGNITION OF THE SPECIAL PLACE OF HONOR  EARNED  BY  NEW  YORK
MEMBERS  OF  THE  ARMED  SERVICES WHO SELFLESSLY GAVE THEIR LIVES IN THE
CAUSE OF LIBERTY.  ANY NEW YORK MEMBER OF  THE  ARMED  SERVICES  WHO  IS
KILLED  IN ACTION, OR WHO DIES AS A DIRECT RESULT OF AND WITHIN ONE YEAR
OF THE DATE OF AN INJURY OR ILLNESS SUSTAINED  WHILE  PERFORMING  ACTIVE
DUTY,  SHALL,  UPON  CERTIFICATION BY THE OFFICIAL REPRESENTATIVE OF THE
STATE OF NEW YORK, BE DEEMED A POSTHUMOUS  RECIPIENT  OF  THE  NEW  YORK
STATE ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND HONOR.
  2.  THE  AWARD ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
SHALL BE BESTOWED UPON EACH RECIPIENT BY  MEANS  OF  AN  OFFICIAL  STATE
POSTHUMOUS  COMMENDATION  DELIVERED  TO THE RECIPIENT'S FAMILY REPRESEN-
TATIVE BY THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW  YORK.    EACH
AWARD SHALL INCLUDE AN ATTENDANT HONORARIUM.
  3.  THE HONORARIUM ATTENDANT TO THE MEMORIAL AWARD SHALL BE DETERMINED
AND DISTRIBUTED BY THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW  YORK
AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05324-01-9
              

A. 4652                             2

  (A) WHERE THE RECIPIENT IS SURVIVED BY A SPOUSE:
  (I)  WHO  IS  THE MARITAL PARENT OF THE RECIPIENT'S CHILD OR WHERE THE
MARRIAGE EXISTED FOUR OR MORE YEARS, THE SUM OF FIFTY  THOUSAND  DOLLARS
TO BE DISTRIBUTED TO THE SURVIVING SPOUSE IN EQUAL PERIODIC INSTALLMENTS
OVER A PERIOD OF FIVE YEARS; OR
  (II) WHERE THE MARRIAGE EXISTED LESS THAN FOUR YEARS, THE SUM OF TWEN-
TY-FIVE  THOUSAND  DOLLARS  TO BE DISTRIBUTED TO THE SURVIVING SPOUSE IN
EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF FIVE YEARS;
  (III) EXCEPT IN EVERY CASE (A) NO  SUM  OR  INSTALLMENTS,  OTHER  THAN
UNDISTRIBUTED  RETROACTIVE  INSTALLMENTS, SHALL BE DISTRIBUTED AFTER THE
REMARRIAGE OF THE SPOUSE WITHIN THREE YEARS OF  THE  RECIPIENT'S  DEATH;
(B)  NO SUM SHALL BE DISTRIBUTED TO ANY SPOUSE WHO, PRIOR TO THE RECIPI-
ENT'S DEATH, HAD SUBSTANTIALLY ABANDONED  THE  MARRIAGE,  WAS  OTHERWISE
SUBSTANTIALLY  ESTRANGED FROM THE RECIPIENT OR WHO WAS LEGALLY SEPARATED
FROM THE RECIPIENT; AND (C) NO MORE THAN ONE PERSON SHALL QUALIFY AS THE
SPOUSE OF A RECIPIENT FOR PURPOSES OF THIS SUBDIVISION.
  (B) WHERE THE RECIPIENT IS SURVIVED BY A DEPENDENT CHILD OR CHILDREN:
  (I) WHERE THERE ARE FOUR OR FEWER DEPENDENT CHILDREN, TO EACH INDIVID-
UAL SURVIVING DEPENDENT CHILD THE SUM OF TWENTY-FIVE THOUSAND DOLLARS TO
BE DISTRIBUTED TO THE INDIVIDUAL CHILD IN  EQUAL  PERIODIC  INSTALLMENTS
OVER A PERIOD OF FIVE YEARS; OR
  (II) WHERE THERE ARE FIVE OR MORE DEPENDENT CHILDREN, TO EACH INDIVID-
UAL SURVIVING DEPENDENT CHILD AN EQUALLY DIVIDED SHARE OF THE SUM OF ONE
HUNDRED  THOUSAND  DOLLARS  TO BE DISTRIBUTED TO THE INDIVIDUAL CHILD IN
EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF FIVE YEARS;
  (III) EXCEPT IN EVERY  CASE,  (A)  NO  SUM  OR  INSTALLMENT  SHALL  BE
DISTRIBUTED TO ANY INDIVIDUAL CHILD OVER THE AGE OF TWENTY-THREE, UNLESS
SUCH  CHILD  IS PHYSICALLY OR MENTALLY DISABLED; (B) ANY SUM DISTRIBUTED
TO A SURVIVING DEPENDENT MINOR CHILD SHALL BE KEPT IN TRUST IN A  FINAN-
CIAL  ACCOUNT, OF A TYPE APPROVED BY THE STATE COMPTROLLER AS ONE APPRO-
PRIATE FOR MAINTAINING THE VALUE OF SUCH SUM,  UNTIL  SUCH  MINOR  CHILD
REACHES EIGHTEEN YEARS OF AGE, AT WHICH TIME, SUCH SUM IN TRUST, TOGETH-
ER  WITH  ANY  INTEREST  AND APPRECIATION AND ANY UNDISTRIBUTED INSTALL-
MENTS, SHALL BE DISTRIBUTED TO SUCH CHILD IN EQUAL PERIODIC INSTALLMENTS
OVER A PERIOD OF FIVE YEARS.
  (C) WHERE THE RECIPIENT IS SURVIVED BY DEPENDENT LEGAL PARENTS:
  (I) WHERE THE RECIPIENT IS SURVIVED BY  TWO  LEGAL  PARENTS  WHO  WERE
SUBSTANTIALLY  DEPENDENT  UPON THE RECIPIENT, THE SUM OF THIRTY THOUSAND
DOLLARS TO BE DISTRIBUTED TO EACH SUCH INDIVIDUAL SURVIVING LEGAL PARENT
IN EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF THREE YEARS; OR
  (II) WHERE THE RECIPIENT IS SURVIVED  BY  ONE  LEGAL  PARENT  WHO  WAS
SUBSTANTIALLY  DEPENDENT  UPON THE RECIPIENT, THE SUM OF FORTY-TWO THOU-
SAND FIVE HUNDRED DOLLARS TO BE  DISTRIBUTED  TO  SUCH  SURVIVING  LEGAL
PARENT IN EQUAL PERIODIC INSTALLMENTS OVER A PERIOD OF THREE YEARS;
  (III)  EXCEPT  IN EVERY CASE, (A) NO MORE THAN TWO PERSONS CAN QUALIFY
AS THE LEGAL PARENTS OF A RECIPIENT FOR PURPOSES OF THIS PARAGRAPH;  AND
(B) NO SUM SHALL BE DISTRIBUTED TO ANY LEGAL PARENT WHO WAS SUBSTANTIAL-
LY  ESTRANGED  FROM  THE  RECIPIENT  FOR THREE OR MORE YEARS IMMEDIATELY
PRIOR TO THE RECIPIENT'S DEATH.
  (D) WHERE THE RECIPIENT IS SURVIVED BY NON-DEPENDENT LEGAL PARENTS:
  (I) WHERE THE RECIPIENT IS SURVIVED BY TWO LEGAL PARENTS,  NEITHER  OF
WHOM  WAS  SUBSTANTIALLY  DEPENDENT UPON THE RECIPIENT, THE SUM OF EIGHT
THOUSAND DOLLARS TO BE DISTRIBUTED TO EACH  SURVIVING  PARENT  IN  EQUAL
PERIODIC INSTALLMENTS OVER A PERIOD OF TWO YEARS; OR
  (II)  WHERE THE RECIPIENT IS SURVIVED BY ONE LEGAL PARENT, WHO WAS NOT
SUBSTANTIALLY DEPENDENT UPON THE RECIPIENT, THE SUM OF  TWELVE  THOUSAND

A. 4652                             3

DOLLARS  TO BE DISTRIBUTED TO SUCH SURVIVING LEGAL PARENT IN EQUAL PERI-
ODIC INSTALLMENTS OVER A PERIOD OF TWO YEARS;
  (III)  EXCEPT  IN EVERY CASE, (A) NO MORE THAN TWO PERSONS CAN QUALIFY
AS THE LEGAL PARENTS OF A RECIPIENT FOR PURPOSES OF THIS PARAGRAPH;  AND
(B)  NO  SUM SHALL BE DISTRIBUTED TO ANY INDIVIDUAL LEGAL PARENT WHO WAS
SUBSTANTIALLY ESTRANGED FROM THE RECIPIENT FOR THREE OR MORE YEARS IMME-
DIATELY PRIOR TO THE RECIPIENT'S DEATH.
  (E) IN THE ABSENCE OF ANY SURVIVING LEGAL PARENT, WHERE ANOTHER  RELA-
TIVE OR PERSON SERVED AS THE RECIPIENT'S DE FACTO PARENT OR LEGAL GUARD-
IAN  FOR  A SUBSTANTIAL PART OF THE RECIPIENT'S CHILDHOOD, SUCH DE FACTO
PARENT OR LEGAL GUARDIAN, SUBJECT TO  THE  DISCRETION  OF  THE  OFFICIAL
REPRESENTATIVE  OF  THE STATE OF NEW YORK, MAY BE DEEMED TO QUALIFY AS A
LEGAL PARENT FOR PURPOSES OF THIS SUBDIVISION.
  (F) IN NO CASE SHALL THE TOTAL HONORARIUM PAID IN  CONNECTION  WITH  A
SINGLE  MEMORIAL  AWARD  EXCEED  THE  SUM  OF  TWO  HUNDRED TEN THOUSAND
DOLLARS, SUBJECT TO THE FOLLOWING LIMITATIONS: (I) IN NO CASE SHALL  THE
TOTAL  OF ALL SUMS DISTRIBUTED TO THE SPOUSE OF A RECIPIENT EXCEED FIFTY
THOUSAND DOLLARS; (II) IN NO CASE SHALL THE TOTAL OF ALL  SUMS  DISTRIB-
UTED  TO  THE DEPENDENT CHILDREN OF A RECIPIENT EXCEED ONE HUNDRED THOU-
SAND DOLLARS; (III) IN NO CASE SHALL THE TOTAL OF ALL  SUMS  DISTRIBUTED
TO  DEPENDENT PARENTS OF A RECIPIENT EXCEED SIXTY THOUSAND DOLLARS; (IV)
IN NO CASE SHALL THE TOTAL OF  ALL  SUMS  DISTRIBUTED  TO  NON-DEPENDENT
PARENTS  OF  A  RECIPIENT EXCEED SIXTEEN THOUSAND DOLLARS; (V) AND IN NO
CASE SHALL THE TOTAL OF ALL SUMS DISTRIBUTED TO A  COMBINATION  OF  BOTH
DEPENDENT  AND  NON-DEPENDENT  PARENTS  OF A RECIPIENT EXCEED FIFTY-FOUR
THOUSAND FIVE HUNDRED DOLLARS.
  (G) UPON REQUEST FROM THE STATE DIRECTOR OF THE DIVISION  OF  VETERANS
AFFAIRS,  THE  OFFICIAL  REPRESENTATIVE  OF  THE  STATE OF NEW YORK, MAY
DISTRIBUTE TO AN HONORARIUM BENEFICIARY, A SINGLE LUMP SUM AMOUNT NOT TO
EXCEED THE TOTAL OF ALL INSTALLMENTS SCHEDULED TO BE DISTRIBUTED TO SUCH
BENEFICIARY IN THE NEXT TWELVE MONTH PERIOD.  ONLY  ONE  SUCH  LUMP  SUM
PAYMENT SHALL BE ALLOWED FOR EACH BENEFICIARY.
  (H)  THE  OFFICIAL  REPRESENTATIVE  OF  THE STATE OF NEW YORK MAY MAKE
PROVISION FOR EACH NEW YORK MEMBER OF THE ARMED SERVICES TO MAKE A WRIT-
TEN DESIGNATION OF THOSE POTENTIAL BENEFICIARIES WHO WOULD AND WOULD NOT
BE ELIGIBLE, BASED ON AN EXCEPTION, FOR A PORTION OF  AN  HONORARIUM  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
  (I)  NO  PORTION  OF  ANY HONORARIUM SHALL BE SUBJECT TO INCOME TAX IN
THIS STATE AND NO PORTION OF ANY HONORARIUM SHALL  BE  INCLUDED  IN  ANY
CALCULATION OF INCOME OR FINANCIAL RESOURCES FOR ANY PURPOSE. NO PORTION
OF  ANY  HONORARIUM  SHALL  BE  SUBJECT TO ASSIGNMENT OR ATTACHMENT. ANY
LEGAL DOCUMENT OR AGREEMENT PURPORTING TO REQUIRE OR ACCOMPLISH  ANY  OF
THESE PROHIBITED ACTIONS IS DEEMED VOID AS AGAINST PUBLIC POLICY.
  (J)  THE  OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK SHALL MAKE,
BASED UPON REASONABLE EVIDENCE, A DETERMINATION REGARDING THE  ELIGIBIL-
ITY  OF ANY PERSON AS AN HONORARIUM BENEFICIARY WITHIN NINETY DAYS AFTER
THE DEATH OF THE RECIPIENT OF THE MEMORIAL AWARD. ELIGIBILITY TO RECEIVE
ANY PORTION OF AN HONORARIUM PURSUANT TO THIS SUBDIVISION MUST EXIST  ON
THE  DAY  OF  THE RECIPIENT'S DEATH. ANY PORTION OF AN HONORARIUM MAY BE
DETERMINED AND DISTRIBUTED SUBSEQUENT TO THE DELIVERY  OF  THE  MEMORIAL
AWARD.
  (K)  PERIODIC INSTALLMENTS SHALL BE MADE AT LEAST FOUR TIMES PER YEAR.
THE PERIOD OF YEARS OVER WHICH PERIODIC  INSTALLMENTS  ARE  TO  BE  PAID
SHALL  COMMENCE ON THE NINETY-FIRST DAY AFTER THE DAY OF THE RECIPIENT'S
DEATH. IF PERIODIC INSTALLMENTS DO NOT ACTUALLY COMMENCE  ON  THAT  DAY,
SUCH DELAYED PERIODIC INSTALLMENTS SHALL BE PAID RETROACTIVELY FOLLOWING

A. 4652                             4

THE  ISSUANCE OF THE FIRST REGULAR PERIODIC INSTALLMENT. ALL SUCH RETRO-
ACTIVE INSTALLMENTS SHALL BE SEPARATELY AGGREGATED INTO A LUMP  SUM  AND
THEN  DISTRIBUTED IN AT LEAST FOUR BUT NOT MORE THAN SIXTEEN EQUAL QUAR-
TERLY  INSTALLMENTS, COMMENCING WITHIN THIRTY DAYS AFTER THE ISSUANCE OF
THE FIRST REGULAR PERIODIC INSTALLMENT, SO AS TO APPROXIMATE THE  APPLI-
CABLE  PERIODIC  SCHEDULE  SPECIFIED  IN  THIS  SUBDIVISION. IN NO CASE,
HOWEVER, SHALL ANY ADMINISTRATIVE DELAY  BEYOND  SUCH  NINETY-FIRST  DAY
RESULT  IN  ANY  DIMINUTION  OR  REDUCTION  IN THE SUM OF THE HONORARIUM
DETERMINED AND TO BE DISTRIBUTED PURSUANT TO THIS SUBDIVISION.
  (L) UPON THE SUBSEQUENT DEATH OF A SPOUSE, CHILD OR PARENT ENTITLED TO
A SUM PURSUANT TO THIS SUBDIVISION, ALL INSTALLMENTS OF  SUCH  SUM  THAT
HAVE  NOT  YET  BEEN  DISTRIBUTED  TO SUCH SPOUSE, CHILD OR PARENT SHALL
BECOME PAYABLE TO SUCH PERSON'S ESTATE.
  4. THE OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK SHALL FILE  AN
ANNUAL  REPORT WITH THE GOVERNOR AND THE STATE LEGISLATURE REGARDING ALL
MEMORIAL AWARDS BESTOWED. THE REPORT SHALL INCLUDE, BUT NOT  BE  LIMITED
TO:
  (A)  A DESCRIPTION OF ANY CASE WHERE A CLAIM FOR A PORTION OF AN HONO-
RARIUM WAS DENIED AND THE REASONS FOR SUCH DENIAL;
  (B) RECOMMENDATIONS FOR LEGISLATIVE OR EXECUTIVE  ACTION  RELATING  TO
THE MEMORIAL AWARD AND THE ATTENDANT HONORARIUM.
  5. FOR PURPOSES OF THIS SECTION:
  (A)  "NEW  YORK  MEMBER OF THE ARMED SERVICES" MEANS ANY PERSON IN THE
ACTIVE MILITARY OF THE UNITED STATES, INCLUDING THE COAST GUARD, AND ANY
PERSON WHO IS A MEMBER OF THE NEW YORK STATE RESERVE, NEW YORK  NATIONAL
GUARD,  NEW  YORK  GUARD  OR NEW YORK NAVAL MILITIA WHO WAS DOMICILED IN
THIS STATE AT THE TIME SUCH PERSON WAS CALLED TO ACTIVE SERVICE AND  WHO
WAS  DEPLOYED  ON  OR  AFTER  SEPTEMBER  ELEVENTH,  TWO THOUSAND ONE, IN
SUPPORT OF A WAR ENACTED BY THE CONGRESS OF THE UNITED STATES, INCLUDING
BUT NOT LIMITED TO "OPERATION  ENDURING  FREEDOM"  OR  "OPERATION  IRAQI
FREEDOM."
  (B) "OFFICIAL REPRESENTATIVE OF THE STATE OF NEW YORK" MEANS THE ADJU-
TANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS.
  (C) "SPOUSE" MEANS THE PERSON RECOGNIZED UNDER THE LAWS OF NEW YORK AS
LEGALLY MARRIED TO THE RECIPIENT AT THE TIME OF THE RECIPIENT'S DEATH.
  (D)  "MARITAL  PARENT"  MEANS A SPOUSE WHO IS LISTED AS THE BIOLOGICAL
MOTHER OR FATHER ON THE BIRTH CERTIFICATE OF RECIPIENT'S  CHILD  OR  WHO
LEGALLY  ADOPTED, OR IS IN THE PROCESS OF AND DOES SO ADOPT, RECIPIENT'S
CHILD.
  (E) "CHILD" MEANS A BIOLOGICAL CHILD OF THE RECIPIENT, ALSO  INCLUDING
ONE  LATER  BORN OF AN EXISTING PREGNANCY, OR A CHILD LEGALLY ADOPTED BY
THE RECIPIENT. AT THE DISCRETION OF THE OFFICIAL REPRESENTATIVE  OF  THE
STATE OF NEW YORK, A "CHILD" MAY ALSO INCLUDE A CHILD OF THE RECIPIENT'S
SPOUSE,  PROVIDED  THE RECIPIENT HAD A SUBSTANTIAL PARENTAL RELATIONSHIP
WITH SUCH CHILD AND PROVIDED SUCH CHILD RESIDED FULL TIME IN THE RECIPI-
ENT'S HOUSEHOLD DURING THE MARRIAGE.
  (F) "LEGAL PARENT" MEANS A PERSON LISTED AS THE BIOLOGICAL  MOTHER  OR
FATHER  ON  THE  RECIPIENT'S  BIRTH CERTIFICATE OR A PERSON SUBSEQUENTLY
SPECIFIED AS THE RECIPIENT'S PARENT PURSUANT TO LAW.
  S 2. The state finance law is amended by adding a new section 98-d  to
read as follows:
  S  98-D.  NEW YORK STATE ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND
HONOR FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY  OF  THE
STATE  COMPTROLLER  AND THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY
AND NAVAL AFFAIRS A SPECIAL FUND TO BE KNOWN  AS  THE  "NEW  YORK  STATE
ARMED SERVICES MEMORIAL AWARD FOR LIBERTY AND HONOR FUND."

A. 4652                             5

  2.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO OR  CREDITED  TO
SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT. INVEST-
MENT  EARNINGS  CREDITED  TO THE ASSETS OF THE FUND SHALL BECOME PART OF
THE ASSETS OF THE FUND.
  3.  MONIES  OF  THE FUND SHALL BE AVAILABLE FOR THE PURPOSES OF PAYING
HONORARIUMS PURSUANT TO THE NEW YORK STATE ARMED SERVICES MEMORIAL AWARD
FOR LIBERTY AND HONOR ESTABLISHED  PURSUANT  TO  SECTION  THREE  HUNDRED
ONE-C OF THE MILITARY LAW.
  4.  ON  AND AFTER JULY FIRST, TWO THOUSAND NINE, THE DIVISION OF MILI-
TARY AND NAVAL AFFAIRS MAY DEDUCT AND RETAIN FROM THE MONEYS IN THE FUND
AN AMOUNT EQUAL TO THE COSTS INCURRED BY SUCH DIVISION IN  ADMINISTERING
THE  PROVISIONS  OF  SECTION  THREE  HUNDRED  ONE-C OF THE MILITARY LAW,
EXCEPT THAT SAID AMOUNT SHALL NOT EXCEED  FIVE  PERCENT  OF  THE  MONEYS
DEPOSITED INTO THE FUND IN ANY FISCAL YEAR.
  5.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR  APPROVED  BY  THE  ADJUTANT
GENERAL  OF  THE  DIVISION  OF  MILITARY AND NAVAL AFFAIRS OR HIS OR HER
REPRESENTATIVE.
  S 3. The sum of eight hundred fifty thousand dollars ($850,000), or so
much thereof as may be necessary, is hereby  appropriated  to  the  "New
York  armed services memorial award for liberty and honor fund" from any
moneys in the state treasury in the general fund to the  credit  of  the
state  operations  and aid to localities account not otherwise appropri-
ated for services and expenses of the division  of  military  and  naval
affairs  for  the  purposes  of carrying out the provisions of this act.
Such sum shall be payable on the audit and warrant of  the  state  comp-
troller on vouchers certified or approved by the adjutant general of the
division  of  military  and naval affairs, or his or her duly designated
representative in the manner provided by law. No  expenditure  shall  be
made  from  this appropriation until a certificate of approval of avail-
ability shall have been issued by the director of the budget  and  filed
with the state comptroller and a copy filed with the chair of the senate
finance  committee  and the chair of the assembly ways and means commit-
tee. Such certificate may be amended from time to time by  the  director
of  the budget and a copy of each such amendment shall be filed with the
state comptroller, the chair of the senate  finance  committee  and  the
chair of the assembly ways and means committee.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however that effective immediate-
ly, the state director of the division  of  veterans'  affairs  and  the
adjutant  general  of  the  division  of  military and naval affairs are
authorized and directed to add, amend and/or repeal any  rule  or  regu-
lation  necessary  for  the  implementation of this act on its effective
date, and to identify  any  deceased  New  York  members  of  the  armed
services  and the spouses, children and parents of such deceased recipi-
ents who are eligible to receive the memorial award and/or a portion  of
the honorarium pursuant to section one of this act.