Bill Text: NY S05805 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the Lt. Colonel Todd Clark Memorial Flag Presentment Program; provides that flags flown at half mast in honor of a service member be presented to a family member.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2013-11-08 - SIGNED CHAP.465 [S05805 Detail]

Download: New_York-2013-S05805-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5805
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 16, 2013
                                      ___________
       Introduced  by Sens. FARLEY, BALL -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the military law, in relation to  establishing  the  Lt.
         Colonel Todd Clark Memorial Flag Presentment Program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 250-a of the military law, as added by chapter  871
    2  of  the  laws  of  1965  and as renumbered by chapter 179 of the laws of
    3  1970, subdivision 1 as amended by chapter 141 of the laws  of  1988,  is
    4  amended to read as follows:
    5    S  250-a.  [Flags]  LT.  COLONEL  TODD CLARK MEMORIAL FLAG PRESENTMENT
    6  PROGRAM. 1.  THERE SHALL BE ESTABLISHED WITHIN THE DIVISION OF  MILITARY
    7  AND  NAVAL  AFFAIRS, BY THE ADJUTANT GENERAL, THE LT. COLONEL TODD CLARK
    8  MEMORIAL FLAG PRESENTMENT PROGRAM. PURSUANT TO SUCH PROGRAM:
    9    A. The adjutant general upon request, may, in his discretion,  author-
   10  ize  the purchase and presentation of a flag of the United States, where
   11  such flag is not provided by the United States, to the person designated
   12  to dispose of the remains of a member of the organized militia who  dies
   13  while  on the active list, and whose service up to the date of death was
   14  honorable.
   15    B. IN THE EVENT THE GOVERNOR ORDERS THE FLAGS OF THE UNITED STATES AND
   16  THE STATE OF NEW YORK, TO BE LOWERED TO HALF STAFF, IN MEMORIAL  OF  THE
   17  DEATH  OF ANY SERVICE MEMBER OF THE ARMY, NAVY (INCLUDING MARINE CORPS),
   18  AIR FORCE, OR COAST GUARD OF THE UNITED STATES, OR ANY SERVICE MEMBER OF
   19  THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, STATE GUARD OR NAVAL  MILI-
   20  TIA,  THE  ADJUTANT  GENERAL,  SHALL,  IN COOPERATION WITH THE OFFICE OF
   21  GENERAL SERVICES, ARRANGE FOR THE PROCUREMENT OF A FLAG  OF  THE  UNITED
   22  STATES  AND  A FLAG OF THE STATE OF NEW YORK, WHICH WERE FLYING OVER THE
   23  CAPITOL BUILDING AT THE TIME SUCH FLAGS WERE LOWERED TO  HALF  STAFF  IN
   24  COMPLIANCE  WITH  THE  GOVERNOR'S  ORDER.  UPON  THE PROCUREMENT OF SUCH
   25  FLAGS, THE ADJUTANT GENERAL, OR HIS OR HER REPRESENTATIVE,  SHALL  OFFER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11544-01-3
       S. 5805                             2
    1  THE PRESENTMENT OF SUCH FLAGS, WITHOUT COST, TO THE PERSON DESIGNATED TO
    2  DISPOSE  OF THE REMAINS OF THE SERVICE MEMBER, IN WHOSE HONOR SUCH FLAGS
    3  WERE LOWERED IN MEMORIAL.
    4    2. For the purposes of this section only, the following persons in the
    5  order named shall be designated to dispose of the remains of a decedent:
    6    a. Surviving spouse of decedent
    7    b. Blood relatives of the decedent
    8    c. Adoptive relatives of the decedent
    9    d. Person standing in loco parentis to decedent
   10    S 2. This act shall take effect immediately.