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This entry was published on 2023-04-07
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SECTION 191
Restoration and display of New York state's military battle flags
Executive (EXC) CHAPTER 18, ARTICLE 9
§ 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.