N.Y. Executive Law § 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.