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Home » US Law » 2022 New York Laws » Consolidated Laws » MIL - Military » Article 1 - The Militia of the State » 24 – Bureau of War Records; Completion and Preservation of the Records and Relics; Free Inspection of the Same and Quarters in the Capitol.
§ 24. Bureau  of  war  records;  completion  and  preservation  of the
records and relics; free inspection of the  same  and  quarters  in  the
capitol.  1.  The adjutant general shall cause the chief of staff of the
state to establish and maintain as part of his office, a bureau  of  war
records,  in  which  all  records  in his office relating to the wars in
which the state participated, and relics shall be  kept.  The  chief  of
staff  of  the state shall be the custodian of all such records, relics,
colors, standards and battle flags of New York troops now  the  property
of  the  state  or  in  its possession, or which the state may hereafter
acquire  or  become   possessed   of.   The   adjutant   general,   upon
recommendation  of  the  chief  of  staff, shall appoint a chief of this
bureau, who shall hold office under his direction for six years.
  2. The chief of staff of the state by all reasonable ways  and  means,
shall  complete such records and gather from every available source such
colors, standards and battle flags as  were  borne  by  New  York  state
troops  in the wars in which the state participated, and such statistics
and historical information and relics as may  serve  to  perpetuate  the
memory  and  heroic  deeds  of  the  soldiers of the state, and keep and
carefully preserve the same in such bureau.
  3.  He  is  authorized  to  request  and  accept   from   incorporated
associations  of  veterans  of  the  different regiments, statements and
information duly authenticated by them,  descriptive  of  their  colors,
standards  and  battle flags, together with the number and class of arms
of the regiment, the date and place of muster into the  service  of  the
state  and  also  into  the  service of the United States, the period of
service, and the date and place of muster-out, the date of departure for
the seat of war, and the various battles and engagements and  places  of
service,  including  garrison  duty, the time of joining brigades, corps
and armies, with the time and nature of the service, and  the  names  of
colonels  of  such  regiments,  the  names  of  those  killed in action,
including those who died of wounds, and the names of those who  died  of
disease  during their period of service. He is further authorized to ask
the cooperation and assistance of the  adjutant-general  of  the  United
States,  and of the city, county and town authorities and officials, and
of the Grand Army of the Republic,  the  Military  Order  of  the  Loyal
Legion,  the  United  Spanish  War  Veterans,  the  American Legion, the
Veterans of Foreign Wars, the Jewish War Veterans of the United  States,
Inc., the Catholic War Veterans, Inc., the Italian American War Veterans
of  the  United  States,  Incorporated,  the  Polish  Legion of American
Veterans, Inc., Vietnam Veterans of America and of  other  organizations
and  persons in the state of New York and elsewhere in the collection of
such other  information,  relics,  memorials  and  battle  flags  as  is
contemplated  by  this article, in order to make as complete as possible
the records, history and statistics of  the  patriotic  service  of  the
soldiers of the state during the wars in which the state participated.
  4.  The  chief  of  staff  of  the  state  is  directed to cause to be
transcribed and kept in books of record in such  bureau  the  historical
facts,  information  and statistics as provided above; and is authorized
to determine a convenient size for the volumes in which such  statistics
and  historical  data  may be bound, and to request veteran associations
and others proposing to supply such historical data and  information  to
furnish  the  same  on printed or manuscript sheets of a uniform size to
correspond with the size of such volumes.
  5. He is further authorized to provide locked and  sealed  cases  with
glass fronts, as nearly air-tight as practicable, in which shall be kept
and  displayed  the  colors, standards and battle flags above mentioned,
and receive placards in  duplicate,  which  incorporated  in  regimental
veteran  associations  are  privileged and empowered to furnish and upon

which shall be inscribed synopses  of  the  historical  information  and
statistics  herein provided to be furnished to such bureau by regimental
veteran associations, or failing to receive such  data  and  information
from such veteran associations, for the preparation of such placards, he
may  utilize  the  authentic  information which he may obtain from other
sources, as herein provided, which placards shall be uniform in size and
color and shall be attached to or conspicuously placed in  proximity  to
the  colors,  standards  and  battle  flags  to which they refer. If any
placard or inscription shall be lost, destroyed or removed, the chief of
staff of the state shall at once replace it by duplicate of the original
on file.
  The legislature shall annually make suitable appropriations to  enable
the  adjutant  general  of the state to carry out the provisions of this
section.
  6. a. The books, records, relics and other  property  in  such  bureau
shall  be  open  for  inspection  and use, except the use of the colors,
standards and battle flags, at such  reasonable  hours  and  under  such
regulations as the chief of staff of the state may determine.
  b.  No property placed in such bureau for the purposes of this section
shall be removed therefrom, or from the immediate custody and control of
the chief of staff of the state, except as follows:

(1) colors, standards, battle flags and guidons received from the United States may be turned over by the chief of staff, with the approval of the governor, under such conditions as the governor may prescribe, to active organizations of the New York national guard and New York naval militia, representing the organizations which carried such colors, standards, battle flags and guidons while in the active military service of the United States;

(2) the chief of staff of the state, subject to the approval of the adjutant general, may lend any of the property placed in such bureau for the purposes of this section to a public corporation or agency thereof; state institution or other state agency; educational corporation or institution; museum; or historical society under such conditions as the chief of staff may prescribe;

(3) notwithstanding any other provision of law, the chief of staff of the state, subject to the approval of the adjutant general, may destroy, sell or otherwise permanently dispose of any property in such bureau, except books and records, provided he:

(a) advises the state historian of the nature of the property;

(b) certifies to the state historian that such property no longer has sufficient administrative, historical or military value to warrant its retention; and

(c) receives the consent of the state historian to the destruction, sale or other permanent disposition of the property;

(4) books and records in such bureau shall be disposed of or destroyed in accordance with the provisions of subdivision eleven of section 57.05 of the arts and cultural affairs law. 7. The commissioner of general services is authorized and directed to provide suitable and convenient quarters in the capitol for the bureau of war records whenever the adjutant general shall require and make demand therefor, and to properly fit up and prepare the same for the safe-keeping of such records, books and property, and for the display of such colors, standards, battle flags and relics which shall be known and maintained as the hall of military records. The several municipalities of the state may deposit their record books and papers relating to the wars in which the state participated in the archives of the hall for safe-keeping, and transcripts therefrom shall be furnished on application by the chief officer of the municipality without cost to it. Officers or soldiers may deposit therein their discharge papers, descriptive lists, muster rolls or company or regimental books and papers for safe-keeping.