Executive Law Section 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.
Section 191 — Restoration and display of New York state's military battle flags,
https://www.nysenate.gov/legislation/laws/EXC/191 (updated Apr. 7, 2023; accessed Dec. 2, 2023).