S T A T E   O F   N E W   Y O R K
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                                  5262

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M. of A. MENG, COLTON, SPANO -- Multi-Sponsored by -- M.
  of A. ABBATE, 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.
                                                           LBD05519-01-1
              

A. 5262                             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. 5262                             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. 5262                             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. 5262                             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 ELEVEN, 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.