2025 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  commissioner  of  the
department  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.