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This entry was published on 2014-09-22
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Pay of troops when used in civil disorders
Military (MIL) CHAPTER 36, ARTICLE 10
§ 212. Pay of troops when used in civil disorders. All officers and
enlisted men while on duty, or assembled therefor, by order of the
governor, upon the request of the sheriff of a county, or in the county
of Nassau the county executive or mayor of a city, in aid of the civil
authorities, in case of breach of the peace, riot, resistance to process
of this state, disaster, or imminent danger thereof, shall receive the
pay set forth in subdivision one of section two hundred ten of this
chapter. Fifty percent of such compensation and expenses incurred in
connection with such duty or as a result thereof including quartering,
caring for, transporting and subsisting the troops, and other expenses
including the expense incurred for pay, care, and subsistence of
officers and enlisted men temporarily disabled in the line of duty,
while on such duty, as set forth in section two hundred sixteen of this
chapter, shall be paid by the county or city at the request of whose
sheriff, or in the county of Nassau the county executive, or mayor, as
the case may be, the military or naval forces of the state have been
heretofore or may hereafter be ordered out. The balance shall be paid
by the state. If troops on duty in aid of the civil authorities render
service in more than one county or city, fifty percent of the expenses
and compensation of such troops shall be apportioned among the counties
or cities in which such service is rendered by the officer who approves
the vouchers and payrolls of such troops. The balance shall be paid by
the state. Upon presentation to the county treasurer of such county or
the chief fiscal officer of such city where the service was rendered, of
appropriate evidence certified by the state comptroller, that payment of
expenses including payment of troops, has been consummated, provision
shall forthwith be made by the county or city to make available the
money required to reimburse the state for its share of expenses already
paid. In the city of New York, upon similar presentation to the
comptroller of said city, the money necessary to comply with the
provisions of this section shall forthwith be raised. Such expenses and
compensation may be paid in the first instance by the state comptroller
as an advance subject to subsequent reimbursement by the county or city
or counties or cities in which such service is rendered. In the event a
county or city shall fail to pay its share of such expenses and
compensation within six months of the certification to the county or
city by the state comptroller of such cost, the state comptroller shall
cause to be withheld from local assistance moneys to which such county
or city would otherwise be entitled, a sum sufficient to reimburse the
state for any amount remaining unpaid. Any public officer, who shall
neglect or refuse to perform any of the duties required by this section
including such duties as may arise in connection with the financing of
payments required to be made pursuant to the provisions of this section,
shall be personally charged with the costs and all necessary
disbursements of any action or proceeding brought to compel such
performance, together with a reasonable additional allowance to the
plaintiff or relator in such action or proceeding, to be fixed by the