BILL NUMBER:S4569

TITLE OF BILL:

An act
to amend section 3 of part C of chapter 152 of the laws of 2001,
amending the military law relating to military funds of the organized
militia, in relation to the effectiveness thereof

PURPOSE OF BILL:

This bill would extend two provisions of the Military Law that will
expire on July 31, 2011 to ensure that all funds paid as rent for
non-military use of an armory would continue to be paid into a
special revenue account that is used to pay operating costs for New
York Army National Guard armories statewide.

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.