2021 New York Laws
EXC - Executive
Article 9 - Division of Military and Naval Affairs
191 - Restoration and Display of New York State's Military Battle Flags.

§ 191. Restoration  and  display  of  New York state's military battle
flags. 1. There is hereby established within the  division  of  military
and  naval affairs a temporary advisory committee on the restoration and
display of New York state's military battle flags (hereinafter  referred
to  as  the  "committee").  The committee shall have thirteen members as
follows: the adjutant general,  the  director  of  the  New  York  state
military  heritage  museum,  the  commissioners  of education and parks,
recreation and historic preservation and the director of the division of
veterans' services, or their  designated  representatives,  two  members
appointed  each  by  the  governor, speaker of the assembly and majority
leader of the senate and one  member  each  appointed  by  the  minority
leaders  of  the  senate and assembly and shall serve at the pleasure of
the appointing authority. Appointed members  shall  include  individuals
with  experience  in restoration of historical memorabilia, expertise in
military history, or a background in historical restoration or fine arts
conservation. No appointed member shall be a member  of  the  executive,
legislative  or  judicial  branch of the state government at the time of
his/her appointment. The advisory committee shall  meet  at  least  four
times a year. No members shall receive any compensation, but members who
are  not  state  officials  may  receive  actual  and necessary expenses
incurred in the performance of their duties.
  2. The primary duties of the committee shall be to  conduct  a  study,
make recommendations regarding the hiring of conservation personnel, and
the  commencement  of  conservation and preservation of all the military
battle flags in the state's possession. The committee  shall  elect  its
own  chair,  vice-chair  and  secretary  from  among  its  members.  The
committee's duties shall include, but not be limited  to,  conducting  a
comprehensive  study  and  preparing a report including an evaluation of
different conservation options,  a  professional  condition  report  and
options  for  conservation  of  individual  items in the collection, and
recommendations regarding the display and storage of the collection. The
committee may:
  (a) (i) establish project schedules and timetables;  project  expenses
including an estimate of total conservation, display interpretation, and
continuing  management  costs;  and propose a budget for the recommended
expenses;
  (ii) recommend specific conservation measures;
  (iii) obtain a professional condition report and  photograph  of  each
item in the collection; and
  (iv) establish a plan for continuing management and conservation.
  (b)  Recommend  hiring  consultants  as required, subject to budgetary
limitations.
  (c) Recommend hiring  a  professional  textile  conservator  or  other
suitable professional to commence the conservation work within budgetary
limitations  under the supervision of New York State's Military Heritage
museum curator.
  (d)  Coordinate  and  conduct  fund   raising   activities   for   the
conservation,   preservation,  interpretation,  display  and  continuing
management of the state's military battle flag collection, including:
  (i) soliciting gifts, grants or donations of any kind; and
  (ii) soliciting donations from businesses, individuals of all ages and
organizations.
  All monetary grants, gifts, or donations, shall be  deposited  in  the
trust fund.
  (e)  Advise  the  division  of  military  and naval affairs on matters
related to the restoration and display of the  state's  military  battle
flags.

  3.  (a) There is hereby established the New York state military battle
flags partnership trust fund (hereinafter referred to as "trust fund" or
"fund"). The fund shall be in the joint custody of the state comptroller
and commissioner of taxation and finance.
  (b)   Moneys   in   the  fund  shall  consist  of  donations  and  any
appropriations by the legislature  to  match  any  such  donations.  Any
interest  received  by the comptroller on moneys on deposit in the trust
fund shall be retained in and become part of the trust fund.
  (c) Money in the fund may be used for restoration and display  of  the
state's  military  battle flags. When all of the state's military battle
flags have been restored and provision has been made  for  their  public
display subject to the approval of the advisory committee, any remaining
funds  are  to  be used as needed for the maintenance and display of the
flags.
  (d) The moneys 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.
  4. The committee shall file an annual report  of  its  activities  and
provide  a  full  accounting of the New York state military battle flags
partnership trust fund. This report shall be filed  with  the  governor,
the  speaker  of  the  assembly and the majority leader of the senate no
later than the end of each state fiscal year.