N.Y. EXC Law § 191 — New York Code / Act EXC / Article 9 / Section 191
Restoration and display of New York state's military battle flags
Status: in_force

§ 191. Restoration and display of New York state's military battle\nflags. 1. There is hereby established within the division of military\nand naval affairs a temporary advisory committee on the restoration and\ndisplay of New York state's military battle flags (hereinafter referred\nto as the "committee"). The committee shall have thirteen members as\nfollows: the adjutant general, the director of the New York state\nmilitary heritage museum, the commissioners of education and parks,\nrecreation and historic preservation and the commissioner of the\ndepartment of veterans' services, or their designated representatives,\ntwo members appointed each by the governor, speaker of the assembly and\nmajority leader of the senate and one member each appointed by the\nminority leaders of the senate and assembly and shall serve at the\npleasure of the appointing authority. Appointed members shall include\nindividuals with experience in restoration of historical memorabilia,\nexpertise in military history, or a background in historical restoration\nor fine arts conservation. No appointed member shall be a member of the\nexecutive, legislative or judicial branch of the state government at the\ntime of his/her appointment. The advisory committee shall meet at least\nfour times a year. No members shall receive any compensation, but\nmembers who are not state officials may receive actual and necessary\nexpenses incurred in the performance of their duties.\n  2. The primary duties of the committee shall be to conduct a study,\nmake recommendations regarding the hiring of conservation personnel, and\nthe commencement of conservation and preservation of all the military\nbattle flags in the state's possession. The committee shall elect its\nown chair, vice-chair and secretary from among its members. The\ncommittee's duties shall include, but not be limited to, conducting a\ncomprehensive study and preparing a report including an evaluation of\ndifferent conservation options, a professional condition report and\noptions for conservation of individual items in the collection, and\nrecommendations regarding the display and storage of the collection. The\ncommittee may:\n  (a) (i) establish project schedules and timetables; project expenses\nincluding an estimate of total conservation, display interpretation, and\ncontinuing management costs; and propose a budget for the recommended\nexpenses;\n  (ii) recommend specific conservation measures;\n  (iii) obtain a professional condition report and photograph of each\nitem in the collection; and\n  (iv) establish a plan for continuing management and conservation.\n  (b) Recommend hiring consultants as required, subject to budgetary\nlimitations.\n  (c) Recommend hiring a professional textile conservator or other\nsuitable professional to commence the conservation work within budgetary\nlimitations under the supervision of New York State's Military Heritage\nmuseum curator.\n  (d) Coordinate and conduct fund raising activities for the\nconservation, preservation, interpretation, display and continuing\nmanagement of the state's military battle flag collection, including:\n  (i) soliciting gifts, grants or donations of any kind; and\n  (ii) soliciting donations from businesses, individuals of all ages and\norganizations.\n  All monetary grants, gifts, or donations, shall be deposited in the\ntrust fund.\n  (e) Advise the division of military and naval affairs on matters\nrelated to the restoration and display of the state's military battle\nflags.\n  3. (a) There is hereby established the New York state military battle\nflags partnership trust fund (hereinafter referred to as "trust fund" or\n"fund"). The fund shall be in the joint custody of the state comptroller\nand commissioner of taxation and finance.\n  (b) Moneys in the fund shall consist of donations and any\nappropriations by the legislature to match any such donations. Any\ninterest received by the comptroller on moneys on deposit in the trust\nfund shall be retained in and become part of the trust fund.\n  (c) Money in the fund may be used for restoration and display of the\nstate's military battle flags. When all of the state's military battle\nflags have been restored and provision has been made for their public\ndisplay subject to the approval of the advisory committee, any remaining\nfunds are to be used as needed for the maintenance and display of the\nflags.\n  (d) The moneys of the fund shall be paid out on the audit and warrant\nof the comptroller on vouchers certified or approved by the adjutant\ngeneral of the division of military and naval affairs.\n  4. The committee shall file an annual report of its activities and\nprovide a full accounting of the New York state military battle flags\npartnership trust fund. This report shall be filed with the governor,\nthe speaker of the assembly and the majority leader of the senate no\nlater than the end of each state fiscal year.\n