NY State Assembly Bill 2009-A6959

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to tourism, arts and sports development
Jun 04, 2009	print number 6959a
Jun 04, 2009	amend (t) and recommit to ways and means
May 19, 2009	reported referred to ways and means
Apr 07, 2009	reported referred to codes
Mar 17, 2009	referred to tourism, arts and sports development

Bill Amendments

Original

A (Active)

2009-A6959 - Details

Current Committee:: Assembly Tourism, Arts And Sports Development
Law Section:: Education Law
Laws Affected:: Add §233-aaa, rpld & add §233-a sub 5 ¶(a), 233-aa sub 5, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3957
2013-2014: A4220
2015-2016: A4888
2017-2018: A3302
2019-2020: A3355

2009-A6959 - Summary

Relates to the accessioning and deaccessioning of museum property.

2009-A6959 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6959

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2009
                               ___________

Introduced  by M. of A. BRODSKY, TITONE -- read once and referred to the
  Committee on Tourism, Arts and Sports Development

AN ACT to amend the education law, in relation to the deaccessioning  of
  property  by  museums;  and  to  repeal certain provisions of such law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines that the state of New York has  the  finest  museums  in  the
world, giving the people of the state and visitors an unequaled opportu-
nity  to  experience the world's cultural, artistic, historical, natural
history and scientific heritage. These museums exist across  the  state,
range  in  size  from  the  smallest  to the largest institutions in the
world, and are all   creatures of state government.  Some  are  directly
chartered  by the legislature, and some by the board of regents, but all
are subject to the public interest as  set  forth  in  law,  regulation,
charter  requirement,  and  sound museum practice as set forth by museum
associations and accreditation organizations. The state's  museums  have
been exemplary in abiding by and protecting the public interest.
  The  legislature further finds and determines that there is a need for
clarification and standards with respect to the  ways  museums  acquire,
hold, and dispose of property, especially property that is part of their
collections.  The need for such improvement in state policy and practice
is of long-standing concern, but has been highlighted by the recent  and
widely  discussed  increase  in  financial  pressure  on cultural insti-
tutions.  The legislature notes attempts in New York  and  elsewhere  to
monetize  museum  collections  and  the asserted use of those monies for
purposes other than the protection and  expansion  of  collections.  The
legislature  further finds and determines that such practices are incon-
sistent  with the interest of the people of the state, are  inconsistent
with  requirements  of governing documents, accreditation standards, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-01-9

A. 6959                             2

accepted museum practices, and, if unchecked, will permanently  endanger
the integrity and existence of museum collections handed to us by earli-
er generations as a sacred cultural and ethical trust.
  The  legislature therefore finds and declares that the requirements of
this law are necessary to protect the  cultural,  artistic,  historical,
and  scientific  heritage  of  the  state,  and the public interest, are
consistent with long-standing professional standards set  forth  by  the
museum  community,  and  are consistent with the statutory and constitu-
tional responsibilities of the legislature and the board of regents.
  S 2. The education law is amended by adding a new section  233-aaa  to
read as follows:
  S  233-AAA. ACCESSION AND DEACCESSION OF PROPERTY. 1. FOR THE PURPOSES
OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MUSEUM" MEANS ANY  INSTITUTION  HAVING  COLLECTING  AS  A  STATED
PURPOSE  IN ITS CHARTER, CERTIFICATE OF INCORPORATION, OR OTHER ORGANIZ-
ING DOCUMENTS, OR OWNING OR HOLDING COLLECTIONS, OR INTENDING TO OWN  OR
HOLD  COLLECTIONS  THAT IS A GOVERNMENTAL ENTITY, EDUCATION CORPORATION,
NOT-FOR-PROFIT CORPORATION, OR CHARITABLE TRUST.
  (B) "ACCESSIONING" MEANS THE PLACEMENT OF  AN  ITEM  INTO  A  MUSEUM'S
COLLECTION  AND ON ITS COLLECTION REGISTER FOLLOWING PROCEDURES THAT ARE
SET FORTH IN THE  MUSEUM'S  COLLECTION  MANAGEMENT  POLICY  AND  MISSION
STATEMENT.
  (C)  "DEACCESSIONING"  MEANS  THE  REMOVAL  OF AN ITEM FROM A MUSEUM'S
COLLECTION AND ITS COLLECTION REGISTER FOLLOWING PROCEDURES THAT ARE SET
FORTH IN THE MUSEUM'S COLLECTION MANAGEMENT POLICY AND  CONSISTENT  WITH
ITS MISSION STATEMENT.
  (D)  "DISPOSAL" MEANS THE REMOVAL OF AN ITEM FROM A MUSEUM'S OWNERSHIP
BY MEANS OF ITS SALE, DESTRUCTION, TRANSFER, LEASE, GIFT  OR  ANY  OTHER
MEANS.
  (E)  "MISSION  STATEMENT"  MEANS  A STATEMENT APPROVED BY THE MUSEUM'S
GOVERNING BODY, WHICH IS MODELED ON, DERIVED FROM  AND  CONSISTENT  WITH
THE MUSEUM'S CORPORATE PURPOSES AS SET FORTH IN ITS CHARTER, CERTIFICATE
OF  INCORPORATION  OR  OTHER  ORGANIZING  DOCUMENT  THAT  IDENTIFIES ITS
PURPOSES, BENEFITS, ACTIVITIES AND PRACTICES.
  (F) "COLLECTION MANAGEMENT POLICY" MEANS A STATEMENT APPROVED  BY  THE
MUSEUM'S GOVERNING BODY AND ADMINISTERED BY ITS BOARD, OFFICERS, EMPLOY-
EES,  AND  CONSULTANTS WHICH INCLUDES ALL POLICIES AND PRACTICES RELATED
TO THE PRESERVATION, ACCESSIBILITY, AND USE OF THE MUSEUM'S  COLLECTIONS
AND  ASSOCIATED  DATA,  INCLUDING LOAN MANAGEMENT, COLLECTION GROWTH AND
REFINEMENT; METHODS OF ACCESSIONING, DEACCESSIONING, AND DISPOSAL; PLAN-
NING AND ESTABLISHING COLLECTION PRIORITIES; OBTAINING, ALLOCATING,  AND
MANAGING  RESOURCES, COORDINATING COLLECTION PROCESSES WITH THE NEEDS OF
CURATION, PRESERVATION, COLLECTION USE; AND A PUBLIC REGISTER OF  ACCES-
SIONED  ITEMS, WHICH IS MODELED ON, DERIVED FROM AND CONSISTENT WITH THE
MUSEUM'S MISSION STATEMENT.
  (G) "COLLECTION" MEANS THE TANGIBLE OR  INTANGIBLE  THINGS  OWNED  AND
ACCESSIONED  BY  A MUSEUM, INCLUDING THINGS THAT ARE GENERATED BY VIDEO,
COMPUTER OR SIMILAR MEANS OF PROJECTION AND DISPLAY, INCLUDING CONCEPTS,
THAT HAVE INTRINSIC HISTORICAL, ARTISTIC, CULTURAL, SCIENTIFIC,  NATURAL
HISTORY OR OTHER VALUE.
  (H) "ITEM" MEANS AN INDIVIDUAL ELEMENT OF A COLLECTION.
  (I)  "REFINEMENT" MEANS CHANGING THE ITEMS IN A MUSEUM'S COLLECTION IN
ORDER TO FULFILL ITS MISSION STATEMENT AND COLLECTIONS MANAGEMENT  POLI-
CY.

A. 6959                             3

  2.  EACH  MUSEUM SHALL DEVELOP, ADOPT AND PUBLISH A COLLECTION MANAGE-
MENT POLICY AND A MISSION STATEMENT. EACH MUSEUM SHALL BE BOUND  BY  ITS
COLLECTION MANAGEMENT POLICY AND ITS MISSION STATEMENT.
  3.  A  MUSEUM  MUST  ACCESSION  ALL  ITEMS  IN ITS POSSESSION THAT ARE
CONSISTENT WITH ITS MISSION STATEMENT AND COLLECTION MANAGEMENT POLICY.
  4. EACH MUSEUM SHALL  PUBLISH  A  REGISTER  OF  THE  CONTENTS  OF  ITS
COLLECTION.
  5.  NO MUSEUM MAY DISPOSE OF AN ITEM OR ITEMS IN ITS COLLECTION EXCEPT
AS  SET  FORTH  IN  THIS  STATUTE  AND  IN  ITS  MISSION  STATEMENT  AND
COLLECTIONS  MANAGEMENT POLICY AND NOT UNTIL THE ITEM OR ITEMS HAVE BEEN
DEACCESSIONED.
  6. PROCEEDS FROM DISPOSAL OF AN ITEM IN ITS COLLECTION SHALL  ONLY  BE
USED FOR PURPOSES SET FORTH IN THIS STATUTE.
  7.  NO  ITEM IN A MUSEUM'S COLLECTION MAY BE USED AS COLLATERAL OR MAY
BE CAPITALIZED.
  8. A MUSEUM MAY DEACCESSION AN ITEM IN ITS COLLECTION ONLY IF  ONE  OR
MORE OF THE FOLLOWING CRITERIA HAVE BEEN MET:
  (A)  THE  ITEM  IS  INCONSISTENT WITH THE MISSION OF THE MUSEUM AS SET
FORTH IN ITS MISSION STATEMENT;
  (B) THE ITEM HAS FAILED TO RETAIN ITS IDENTITY;
  (C) THE ITEM IS REDUNDANT;
  (D) THE ITEM'S PRESERVATION AND  CONSERVATION  NEEDS  ARE  BEYOND  THE
CAPACITY OF THE MUSEUM TO PROVIDE;
  (E)  THE ITEM IS DEACCESSIONED TO ACCOMPLISH REFINEMENT OF COLLECTIONS
AS REQUIRED BY AND/OR STATED IN ITS COLLECTION MANAGEMENT POLICY;
  (F) IT HAS BEEN ESTABLISHED THAT THE ITEM IS INAUTHENTIC;
  (G) THE MUSEUM IS REPATRIATING THE ITEM OR RETURNING THE ITEM  TO  ITS
RIGHTFUL OWNER;
  (H)  THE  MUSEUM  IS  RETURNING  THE ITEM TO THE DONOR, OR THE DONOR'S
HEIRS OR ASSIGNS, TO FULFILL DONOR RESTRICTIONS  RELATING  TO  THE  ITEM
WHICH THE MUSEUM IS NO LONGER ABLE TO MEET;
  (I) THE ITEM PRESENTS A HAZARD TO PEOPLE OR OTHER COLLECTION ITEMS.
  9.  ANY  MUSEUM  DISPOSING OF AN ITEM MUST MAKE A GOOD FAITH EFFORT TO
SELL OR TRANSFER SUCH ITEM TO ANOTHER MUSEUM IN NEW YORK STATE. IF  SUCH
SALE  OR TRANSFER CANNOT BE ACCOMPLISHED A MUSEUM MUST MAKE A GOOD FAITH
EFFORT TO SELL OR TRANSFER SUCH ITEM TO ANOTHER PUBLIC MUSEUM.
  10. PROCEEDS FROM THE DISPOSAL OF AN ITEM OR  ITEMS  FROM  A  MUSEUM'S
COLLECTION  MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM OR ITEMS FOR
THE MUSEUM'S COLLECTION AND/OR FOR THE PRESERVATION, PROTECTION OR  CARE
OF  AN  ITEM  OR  ITEMS  IN  THE COLLECTION. IN NO EVENT, HOWEVER, SHALL
PROCEEDS DERIVED FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM  A  MUSEUM'S
COLLECTION  BE  USED  FOR  TRADITIONAL AND CUSTOMARY OPERATING EXPENSES.
NOTHING IN THIS SECTION SHALL LIMIT THE ABILITY OF A MUSEUM TO SET  MORE
RESTRICTIVE  POLICIES  RELATING  TO  THE USE OF PROCEEDS FROM A DISPOSED
ITEM.
  11. THE BOARD OF REGENTS SHALL ADOPT RULES OR REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 3. The board of regents is hereby authorized and directed to consid-
er and make recommendations concerning whether  museums  should  include
buildings  in  their  collection.  Such  study shall include, but not be
limited to:
  (a) The reasons  for  the  inclusion  of  a  building  in  a  museum's
collection;
  (b)  Criteria  for  determining  when  it  is permissible to include a
building in a museum's collection;

A. 6959                             4

  (c) Whether funds from the sale of disposed items can be used to  care
for the physical well-being of the structure and if so what limitations,
if any, should there be.
  The  regents  shall  submit  a  copy of the study to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairperson of the senate higher education committee and the chairperson
of the assembly higher education committee no later than six months from
the effective date of this act.
  S  4. Paragraph (a) of subdivision 5 of section 233-a of the education
law is REPEALED and a new paragraph (a) is added to read as follows:
  (A) PROCEEDS FROM THE DISPOSAL OF AN ITEM OR  ITEMS  FROM  A  MUSEUM'S
COLLECTION  MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM OR ITEMS FOR
THE MUSEUM'S COLLECTION AND/OR FOR THE PRESERVATION, PROTECTION OR  CARE
OF  AN  ITEM  OR  ITEMS  IN  THE COLLECTION. IN NO EVENT, HOWEVER, SHALL
PROCEEDS DERIVED FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM  A  MUSEUM'S
COLLECTION  BE  USED  FOR  TRADITIONAL AND CUSTOMARY OPERATING EXPENSES.
NOTHING IN THIS SECTION SHALL LIMIT THE ABILITY OF A MUSEUM TO SET  MORE
RESTRICTIVE  POLICIES  RELATING  TO  THE USE OF PROCEEDS FROM A DISPOSED
ITEM.
  S 5. Subdivision 5 of section 233-aa of the education law is  REPEALED
and a new subdivision 5 is added to read as follows:
  5.  PROCEEDS  FROM  THE  DISPOSAL  OF AN ITEM OR ITEMS FROM A MUSEUM'S
COLLECTION MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM OR ITEMS  FOR
THE  MUSEUM'S COLLECTION AND/OR FOR THE PRESERVATION, PROTECTION OR CARE
OF AN ITEM OR ITEMS IN THE  COLLECTION.  IN  NO  EVENT,  HOWEVER,  SHALL
PROCEEDS  DERIVED  FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM A MUSEUM'S
COLLECTION BE USED FOR TRADITIONAL  AND  CUSTOMARY  OPERATING  EXPENSES.
NOTHING  IN THIS SECTION SHALL LIMIT THE ABILITY OF A MUSEUM TO SET MORE
RESTRICTIVE POLICIES RELATING TO THE USE OF  PROCEEDS  FROM  A  DISPOSED
ITEM.
  S 6. This act shall take effect immediately.

2009-A6959A (ACTIVE) - Details

Current Committee:: Assembly Tourism, Arts And Sports Development
Law Section:: Education Law
Laws Affected:: Add §233-aaa, rpld & add §233-a sub 5 ¶(a), 233-aa sub 5, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3957
2013-2014: A4220
2015-2016: A4888
2017-2018: A3302
2019-2020: A3355

2009-A6959A (ACTIVE) - Summary

Relates to the accessioning and deaccessioning of museum property.

2009-A6959A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A6959A

TITLE  OF  BILL:   An act to amend the education law, in relation to the
deaccessioning of property by collecting  institutions;  and  to  repeal
certain provisions of such law relating thereto

PURPOSE:  To  create  rules  for deaccessioning of items in a collecting
institution's collection and to regulate the use of funds from  disposed
items.

SUMMARY OF PROVISIONS:

*Requires  each  collecting  institution  to adopt and publish a binding
collection management policy and mission statement. Nothing in the  bill
would  prevent  institutions  from  changing or amending their policies,
which they currently have the ability to do.

*Each collecting institution shall accession all items in its possession
that are consistent with its mission statement and collection management
policy. This bill emphasizes the fact that institutions are required  to
accession only those items that are consistent with its mission.

*Collecting  institutions  must publish a register of all items in their
collection. They will have three  years  place  on  the  register  items
already in their collection. However all items acquired after the effec-
tive date of this bill must be placed on the register immediately.

*Items  may  only  be  deaccessioned  if certain criteria have been met;
either that the item is inconsistent with the mission of the  collecting
institution,  the  item  has  failed to retain its identity, the item is
redundant, the item's preservation and conservations  needs  are  beyond
the  capacity  of  the  collecting  institution to provide, or the deac-
cession of the item refines the collection per its collection management
policy.

*This bill directs the Board of Regents to create  a  website  on  which
institutions are required to post items they are deaccessioning.

*Proceeds  from  the disposal of deaccessioned items may be used for the
acquisition of another item for the collecting institution's collection,
and/or for the preservation and protection of an item in the collection,
proceeds may never be used for customary operating expenses.

*While this bill bans the use of an item for  future  collateral  agree-
ments  it  does  not  interfere  with  collateral  agreements already in
effect.

*The Board of Regents will have the authority to enforce the  provisions
of this law

*Additionally, the board of regents is authorized to study and report to
the  Governor  whether  or  not  collecting  institutions should include

buildings in their collection. The Regents will be required  to  consult
with

JUSTIFICATION:  The  State  of New York has the finest collecting insti-
tutions in the world, giving the people of the  State  and  visitors  an
unequaled  opportunity  to  experience  the  world's cultural, artistic,
historical, natural history and scientific  heritage.  These  collecting
institutions  exist across the state, range in size from the smallest to
the largest institutions in the world, and are all  creatures  of  state
government.  Some are directly chartered by the Legislature, and some by
the Board of Regents, but all are subject to the public interest as  set
forth  in  law,  regulation,  charter  requirement, and sound collecting
institution practice as set forth by collecting institution associations
and accreditation organizations. This legislation is intended to  assure
and  enhance the continuing interest of collecting institutions in abid-
ing by and protecting the public interest. It should be noted that  just
because  an institution owns items does not mean those items are part of
a collection that would be  covered  by  this  legislation.  Items  only
become part of a collection when they are accessioned by an institution.
And  they  are  only  required  to  be accessioned when they fulfill the
mission of the institution as laid out in its mission statement.

There is a need for clarification and standards with respect to the ways
collecting institutions acquire, hold, and dispose  of  property,  espe-
cially  property  that  is  part of their collections. The need for such
improvement in state policy and practice is of longstanding concern, but
has been highlighted by the recent  and  widely  discussed  increase  in
financial pressure on cultural institutions. There have been attempts in
New  York  and  elsewhere to monetize collecting institution collections
and the asserted use  of  those  monies  for  purposes  other  than  the
protection and expansion of collections. Such practices are inconsistent
with  the  interest  of  the  people of the State, are inconsistent with
requirements  of  governing  documents,  accreditation  standards,   and
accepted  collecting  institution  practices,  and,  if  unchecked, will
permanently endanger the integrity and existence of collecting  institu-
tion  collections  handed  to  us  by  earlier  generations  as a sacred
cultural and ethical trust.

The requirements of this law are  necessary  to  protect  the  cultural,
artistic,  historical,  scientific heritage of the state, and the public
interest, are consistent with long-standing professional  standards  set
forth  by  the collecting institution community, and are consistent with
the statutory and constitutional responsibilities of the Legislature and
the Board of Regents.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:  N/A

EFFECTIVE DATE:  Immediately

2009-A6959A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6959--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2009
                               ___________

Introduced  by  M.  of  A. BRODSKY, TITONE, REILLY, SPANO, HYER-SPENCER,
  JAFFEE, ZEBROWSKI, KOON, MAYERSOHN, MILLMAN -- Multi-Sponsored  by  --
  M.  of A.   McENENY, NOLAN, RAIA, SCHIMEL, WEISENBERG -- read once and
  referred to the Committee on Tourism, Arts and Sports  Development  --
  reported  and referred to the Committee on Ways and Means -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to the deaccessioning  of
  property  by collecting institutions; and to repeal certain provisions
  of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines that the state of New York has the finest  collecting  insti-
tutions  in  the  world,  giving the people of the state and visitors an
unequaled opportunity to  experience  the  world's  cultural,  artistic,
historical,  natural  history  and scientific heritage. These collecting
institutions exist across the state, range in size from the smallest  to
the  largest  institutions in the world, and are all  creatures of state
government. Some are directly chartered by the legislature, and some  by
the  board of regents, but all are subject to the public interest as set
forth in law, regulation,  charter  requirement,  and  sound  collecting
institution  practice as also set forth by collecting institutions asso-
ciations and accreditation organizations.  This legislation is  intended
to assure and enhance the continuing interest of collecting institutions
in abiding by and protecting the public interest.
  The  legislature further finds and determines that there is a need for
clarification and standards with respect to the ways  collecting  insti-
tutions acquire, hold, and dispose of property, especially property that
is  part  of  their  collections. The need for such improvement in state
policy and practice is a long-standing concern, and has been highlighted

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-08-9

A. 6959--A                          2

by the recent and widely discussed increase  in  financial  pressure  on
cultural  institutions.   The legislature notes attempts in New York and
elsewhere to monetize collections and the asserted use of  those  monies
for purposes other than the protection and expansion of collections. The
legislature  further finds and determines that such practices are incon-
sistent  with the interest of the people of the state, are  inconsistent
with  requirements  of governing documents, accreditation standards, and
accepted collecting  institution  practices,  and,  if  unchecked,  will
permanently  endanger the integrity and existence of collecting institu-
tion collections handed to  us  by  earlier  generations  as  a  sacred,
cultural, ethical, and public trust.
  The  legislature therefore finds and declares that the requirements of
this law are necessary to protect the  cultural,  artistic,  historical,
and  scientific  heritage  of  the  state,  and the public interest, are
consistent with long-standing professional standards set  forth  by  the
collecting  institution community, and are consistent with the statutory
and constitutional responsibilities of the legislature and the board  of
regents.
  S  2.  The education law is amended by adding a new section 233-aaa to
read as follows:
  S 233-AAA. ACCESSION AND DEACCESSION OF PROPERTY. 1. FOR THE  PURPOSES
OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "COLLECTING  INSTITUTION"  MEANS  A  MUSEUM  OR OTHER CULTURAL OR
EDUCATIONAL INSTITUTION THAT  IS  OPERATED  BY  A  GOVERNMENTAL  ENTITY,
EDUCATION  CORPORATION,  NOT-FOR-PROFIT  CORPORATION OR CHARITABLE TRUST
AND OWNS OR HOLDS COLLECTIONS, OR HAS COLLECTING AS A STATED PURPOSE  IN
ITS CHARTER, CERTIFICATE OF INCORPORATION OR OTHER ORGANIZING DOCUMENTS,
OR INTENDS TO OWN OR HOLD COLLECTIONS.
  (B)  "ACCESSIONING"  MEANS  THE PLACEMENT OF AN ITEM INTO A COLLECTING
INSTITUTION'S COLLECTION AND ON ITS COLLECTION REGISTER FOLLOWING PROCE-
DURES THAT ARE SET FORTH  IN  THE  COLLECTING  INSTITUTION'S  COLLECTION
MANAGEMENT POLICY AND MISSION STATEMENT.
  (C)  "DEACCESSIONING"  MEANS  THE REMOVAL OF AN ITEM FROM A COLLECTING
INSTITUTION'S COLLECTION AND ITS COLLECTION  REGISTER  FOLLOWING  PROCE-
DURES  THAT  ARE  SET  FORTH  IN THE COLLECTING INSTITUTION'S COLLECTION
MANAGEMENT POLICY AND CONSISTENT WITH ITS MISSION STATEMENT.
  (D) "DISPOSAL" MEANS THE REMOVAL OF AN ITEM FROM A  COLLECTING  INSTI-
TUTION'S  OWNERSHIP  BY MEANS OF ITS SALE, DESTRUCTION, TRANSFER, LEASE,
GIFT OR ANY OTHER MEANS.
  (E) "MISSION STATEMENT" MEANS A STATEMENT APPROVED BY  THE  COLLECTING
INSTITUTION'S  GOVERNING  BODY,  WHICH  IS  MODELED ON, DERIVED FROM AND
CONSISTENT WITH THE COLLECTING INSTITUTION'S CORPORATE PURPOSES  AS  SET
FORTH  IN  ITS CHARTER, CERTIFICATE OF INCORPORATION OR OTHER ORGANIZING
DOCUMENT THAT IDENTIFIES ITS PURPOSES, BENEFITS,  ACTIVITIES  AND  PRAC-
TICES.
  (F)  "COLLECTION  MANAGEMENT POLICY" MEANS A STATEMENT APPROVED BY THE
COLLECTING INSTITUTION'S GOVERNING BODY AND ADMINISTERED BY  ITS  BOARD,
OFFICERS,  EMPLOYEES,  AND  CONSULTANTS  WHICH INCLUDES ALL POLICIES AND
PRACTICES RELATED TO THE PRESERVATION, ACCESSIBILITY,  AND  USE  OF  THE
COLLECTING INSTITUTION'S COLLECTIONS AND ASSOCIATED DATA, INCLUDING LOAN
MANAGEMENT,  COLLECTION  GROWTH  AND REFINEMENT; DISCHARGE OF THE PUBLIC
TRUST WITH RESPECT TO COLLECTIONS; METHODS OF ACCESSIONING, DEACCESSION-
ING, AND DISPOSAL;  PLANNING  AND  ESTABLISHING  COLLECTION  PRIORITIES;
OBTAINING,  ALLOCATING,  AND MANAGING RESOURCES, COORDINATING COLLECTION
PROCESSES WITH THE NEEDS OF CURATION, PRESERVATION, COLLECTION USE;  AND

A. 6959--A                          3

A  PUBLIC  REGISTER  OF  ACCESSIONED ITEMS, WHICH IS MODELED ON, DERIVED
FROM AND CONSISTENT WITH THE COLLECTING INSTITUTION'S MISSION STATEMENT.
  (G)  "COLLECTION"  MEANS  THE  TANGIBLE OR INTANGIBLE THINGS OWNED AND
ACCESSIONED BY A  COLLECTING  INSTITUTION,  INCLUDING  THINGS  THAT  ARE
GENERATED BY VIDEO, COMPUTER OR SIMILAR MEANS OF PROJECTION AND DISPLAY,
INCLUDING  CONCEPTS, THAT HAVE INTRINSIC HISTORICAL, ARTISTIC, CULTURAL,
SCIENTIFIC, NATURAL HISTORY OR OTHER VALUE.
  (H) "ITEM" MEANS AN INDIVIDUAL ELEMENT OF A COLLECTION.
  (I) "REFINEMENT" MEANS CHANGING  THE  ITEMS  IN  A  COLLECTING  INSTI-
TUTION'S  COLLECTION  IN  ORDER  TO  FULFILL  ITS  MISSION STATEMENT AND
COLLECTIONS MANAGEMENT POLICY.
  2. EACH COLLECTING INSTITUTION SHALL  DEVELOP,  ADOPT  AND  PUBLISH  A
COLLECTION  MANAGEMENT  POLICY  AND A MISSION STATEMENT. EACH COLLECTING
INSTITUTION SHALL BE BOUND BY ITS COLLECTION MANAGEMENT POLICY  AND  ITS
MISSION STATEMENT.
  3. A COLLECTING INSTITUTION MUST ACCESSION ALL ITEMS IN ITS POSSESSION
THAT ARE CONSISTENT WITH ITS MISSION STATEMENT AND COLLECTION MANAGEMENT
POLICY.
  4.  EACH  COLLECTING  INSTITUTION SHALL PUBLISH A REGISTER OF ITEMS IN
ITS COLLECTION. SUCH REGISTER SHALL BE PUBLISHED WITHIN THREE  YEARS  OF
THE  EFFECTIVE DATE OF THIS SECTION. THE BOARD OF REGENTS MAY EXTEND THE
DEADLINE AFTER GOOD CAUSE HAS BEEN SHOWN. NOTWITHSTANDING THE FOREGOING,
AS OF THE EFFECTIVE DATE OF THIS SECTION,  ALL  COLLECTING  INSTITUTIONS
SHALL  PUBLISH  A  REGISTER OF NEWLY ACCESSIONED OR DEACCESSIONED ITEMS.
ANY REGULATIONS PROMULGATED BY  THE  REGENTS  SHALL  INCLUDE  REASONABLE
STANDARDS AND REQUIREMENTS FOR SUCH REGISTER WHICH SHALL INCLUDE THE USE
OF  CLASSES  OF  ITEMS  WHERE  THE  INDIVIDUAL LISTING OF ITEMS WOULD BE
BURDENSOME.
  5. NO COLLECTING INSTITUTION MAY DISPOSE OF AN ITEM OR  ITEMS  IN  ITS
COLLECTION EXCEPT AS SET FORTH IN THIS STATUTE AND IN ITS MISSION STATE-
MENT  AND  COLLECTIONS MANAGEMENT POLICY AND NOT UNTIL THE ITEM OR ITEMS
HAVE BEEN DEACCESSIONED.
  6. PROCEEDS FROM DISPOSAL OF AN ITEM SHALL ONLY BE USED  FOR  PURPOSES
SET FORTH IN THIS STATUTE.
  7.  NO  ITEM  IN  A COLLECTING INSTITUTION'S COLLECTION MAY BE USED AS
COLLATERAL OR MAY BE CAPITALIZED. NOTHING IN THIS SECTION  SHALL  AFFECT
ANY  COLLATERALIZATION  OR  CAPITALIZATION  AGREEMENT, ENTERED INTO BY A
COLLECTING INSTITUTION IN EXISTENCE  FOR  OVER  SEVENTY-FIVE  YEARS  AND
WHOSE  CERTIFICATE OF INCORPORATION, AS AMENDED, HAS BEEN FILED WITH THE
SECRETARY OF STATE, THAT IS ALREADY IN EFFECT OR PREVENT  ITEMS  PLEDGED
AS  COLLATERAL  OR  CAPITALIZED ON THE EFFECTIVE DATE OF THIS SECTION TO
CONTINUE TO BE USED AS COLLATERAL OR CAPITALIZED  AT  ANY  TIME  IN  THE
FUTURE PROVIDING THAT THE ITEMS REMAIN IN THE POSSESSION OF THE COLLECT-
ING  INSTITUTION  EXCEPT  THAT  NOTHING  HEREIN  SHALL IMPAIR A LENDER'S
RIGHTS UNDER A COLLATERALIZATION AGREEMENT TO FORECLOSE ON  THE  COLLAT-
ERAL UNDER THE TERMS OF THE AGREEMENT. THE EXISTENCE OF ANY COLLATERALI-
ZATION OR CAPITALIZATION AGREEMENT SHALL BE DISCLOSED TO THE DEPARTMENT.
  8.  A COLLECTING INSTITUTION MAY DEACCESSION AN ITEM IN ITS COLLECTION
ONLY IF ONE OR MORE OF THE FOLLOWING CRITERIA HAVE BEEN MET:
  (A) THE ITEM IS INCONSISTENT WITH THE MISSION OF THE COLLECTING INSTI-
TUTION AS SET FORTH IN ITS MISSION STATEMENT;
  (B) THE ITEM HAS FAILED TO RETAIN ITS IDENTITY;
  (C) THE ITEM IS REDUNDANT;
  (D) THE ITEM'S PRESERVATION AND  CONSERVATION  NEEDS  ARE  BEYOND  THE
CAPACITY OF THE COLLECTING INSTITUTION TO PROVIDE;

A. 6959--A                          4

  (E)  THE ITEM IS DEACCESSIONED TO ACCOMPLISH REFINEMENT OF COLLECTIONS
AS REQUIRED BY AND/OR STATED IN ITS COLLECTION MANAGEMENT POLICY;
  (F) IT HAS BEEN ESTABLISHED THAT THE ITEM IS INAUTHENTIC;
  (G)  THE  COLLECTING INSTITUTION IS REPATRIATING THE ITEM OR RETURNING
THE ITEM TO ITS RIGHTFUL OWNER;
  (H) THE COLLECTING INSTITUTION IS RETURNING THE ITEM TO THE DONOR,  OR
THE  DONOR'S HEIRS OR ASSIGNS, TO FULFILL DONOR RESTRICTIONS RELATING TO
THE ITEM WHICH THE COLLECTING INSTITUTION IS NO LONGER ABLE TO MEET;
  (I) THE ITEM PRESENTS A HAZARD TO PEOPLE OR OTHER COLLECTION ITEMS.
  9. THE BOARD OF REGENTS IS DIRECTED TO  CREATE  A  STATEWIDE  REGISTER
AVAILABLE  ON  THE INTERNET FOR THE PURPOSES OF COLLECTING AND PROVIDING
PUBLIC INFORMATION ABOUT DEACCESSIONING, WHICH SHALL INCLUDE THE ABILITY
OF A COLLECTING INSTITUTION TO LIST AN  ITEM  FOR  ACTUAL  OR  POTENTIAL
DEACCESSIONING.
  10. (A) PROCEEDS FROM THE DISPOSAL OF AN ITEM OR ITEMS MAY BE USED FOR
THE  ACQUISITION  OF ANOTHER ITEM OR ITEMS FOR THE COLLECTION AND/OR FOR
THE PRESERVATION, PROTECTION  OR  CARE  OF  AN  ITEM  OR  ITEMS  IN  THE
COLLECTION.  IN  NO  EVENT,  HOWEVER,  SHALL  PROCEEDS  DERIVED FROM THE
DISPOSAL OF AN ITEM OR ITEMS FROM A COLLECTION BE USED  FOR  TRADITIONAL
AND  CUSTOMARY  OPERATING EXPENSES.  NOTHING IN THIS SECTION SHALL LIMIT
THE ABILITY OF A COLLECTING INSTITUTION TO SET MORE RESTRICTIVE POLICIES
RELATING TO THE USE OF PROCEEDS FROM A DISPOSED ITEM.
  (B) A GOVERNMENTAL ENTITY OPERATING  A  COLLECTING  INSTITUTION  SHALL
ESTABLISH  A COLLECTION RESERVE FUND. PROCEEDS RECEIVED FROM THE SALE OF
A DISPOSED ITEM SHALL BE USED TO PAY OFF ANY REMAINING DEBT INCURRED  IN
THE PURCHASE OF THE DEACCESSIONED ITEM THAT WAS SOLD. ANY MONEYS REMAIN-
ING  AFTER  THE  PAYMENT  OF SUCH DEBT SHALL BE PAID INTO THE COLLECTION
RESERVE FUND AND SHALL BE DEPOSITED AND SECURED IN THE  MANNER  PROVIDED
BY SECTION TEN OF THE GENERAL MUNICIPAL LAW. THE GOVERNMENTAL COLLECTING
INSTITUTION MAY USE MONEYS FROM THE COLLECTION RESERVE FUND ONLY FOR THE
PURPOSES AUTHORIZED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  11. THE BOARD OF REGENTS SHALL ADOPT RULES OR REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S  3.  The  board  of  regents  is  hereby authorized and directed, in
consultation with groups and  individuals  who  have  expertise  in  the
field,  to consider and make recommendations concerning whether collect-
ing institutions should include  buildings  in  their  collection.  Such
study shall include, but not be limited to:
  (a) The reasons for the inclusion of a building in a collecting insti-
tution's collection;
  (b)  Criteria  for  determining  when  it  is permissible to include a
building in a collecting institution's collection;
  (c) Whether funds from the sale of disposed items can be used to  care
for the physical well-being of the structure and if so what limitations,
if any, should there be.
  The  regents  shall  submit  a  copy of the study to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairperson of the senate higher education committee and the chairperson
of the assembly higher education committee no later than six months from
the effective date of this act.
  S  4. Paragraph (a) of subdivision 5 of section 233-a of the education
law is REPEALED and a new paragraph (a) is added to read as follows:
  (A) PROCEEDS FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM  A  COLLECTING
INSTITUTION'S COLLECTION MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM
OR  ITEMS  FOR  THE  COLLECTING  INSTITUTION'S COLLECTION AND/OR FOR THE
PRESERVATION, PROTECTION OR CARE OF AN ITEM OR ITEMS IN THE  COLLECTION.

A. 6959--A                          5

IN  NO  EVENT,  HOWEVER,  SHALL PROCEEDS DERIVED FROM THE DISPOSAL OF AN
ITEM OR ITEMS FROM A COLLECTING INSTITUTION'S  COLLECTION  BE  USED  FOR
TRADITIONAL  AND  CUSTOMARY  OPERATING EXPENSES. NOTHING IN THIS SECTION
SHALL LIMIT THE ABILITY OF A COLLECTING INSTITUTION TO SET MORE RESTRIC-
TIVE POLICIES RELATING TO THE USE OF PROCEEDS FROM A DISPOSED ITEM.
  S  5. Subdivision 5 of section 233-aa of the education law is REPEALED
and a new subdivision 5 is added to read as follows:
  5. PROCEEDS FROM THE DISPOSAL OF AN ITEM OR ITEMS  FROM  A  COLLECTING
INSTITUTION'S COLLECTION MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM
OR  ITEMS  FOR  THE  COLLECTION  AND/OR FOR THE PRESERVATION, PROTECTION
COLLECTING INSTITUTION'S OR CARE OF AN ITEM OR ITEMS IN THE  COLLECTION.
IN  NO  EVENT,  HOWEVER,  SHALL PROCEEDS DERIVED FROM THE DISPOSAL OF AN
ITEM OR ITEMS FROM A COLLECTING INSTITUTION'S  COLLECTION  BE  USED  FOR
TRADITIONAL  AND  CUSTOMARY  OPERATING EXPENSES. NOTHING IN THIS SECTION
SHALL LIMIT THE ABILITY OF A COLLECTING INSTITUTION TO SET MORE RESTRIC-
TIVE POLICIES RELATING TO THE USE OF PROCEEDS FROM A DISPOSED ITEM.
  S 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A6959

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A6959 - Details

2009-A6959 - Summary

2009-A6959 - Bill Text download pdf

2009-A6959A (ACTIVE) - Details

2009-A6959A (ACTIVE) - Summary

2009-A6959A (ACTIVE) - Sponsor Memo

2009-A6959A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A6959

Assembly Bill A6959

Share this bill

Sponsored By

BRODSKY

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A6959 - Details

2009-A6959 - Summary

2009-A6959 - Bill Text download pdf

2009-A6959A (ACTIVE) - Details

2009-A6959A (ACTIVE) - Summary

2009-A6959A (ACTIVE) - Sponsor Memo

2009-A6959A (ACTIVE) - Bill Text download pdf

Comments