assembly Bill A8604B

Signed By Governor
2011-2012 Legislative Session

Relates to consignments of works of art to art merchants by artists and their successors in interest

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

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.
Use this box to enter a message to your senator.

Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 07, 2012 signed chap.450
Aug 27, 2012 delivered to governor
Jun 20, 2012 returned to assembly
passed senate
3rd reading cal.1018
substituted for s4988b
Jun 14, 2012 referred to rules
delivered to senate
passed assembly
Jun 13, 2012 ordered to third reading rules cal.159
rules report cal.159
reported
Jun 12, 2012 reported referred to rules
Jun 05, 2012 reported referred to codes
May 31, 2012 print number 8604b
amend and recommit to tourism, parks, arts and sports development
May 29, 2012 print number 8604a
amend (t) and recommit to tourism, parks, arts and sports development
Jan 04, 2012 referred to tourism, parks, arts and sports development
Sep 21, 2011 referred to tourism, parks, arts and sports development

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A8604 - Details

See Senate Version of this Bill:
S4988B
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§11.01 & 12.01, Arts & Cul L

A8604 - Summary

Relates to consignments of works of art to art merchants by artists and their successors in interest.

A8604 - Bill Text download pdf

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

                                  8604

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M.  of A. ROSENTHAL, PAULIN, BRONSON, ZEBROWSKI, JAFFEE,
  MILLMAN, GALEF, WEPRIN, SCHROEDER, BARRON, MARKEY,  GABRYSZAK,  HOOPER
  --  Multi-Sponsored by -- M. of A.  ABINANTI, CAHILL, COLTON, McENENY,
  REILLY, P. RIVERA, ROBINSON, SCHIMEL,  WEISENBERG  --  read  once  and
  referred  to the Committee on Tourism, Parks, Arts and Sports Develop-
  ment

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  consignments  of works of art to art merchants by artists, their heirs
  and personal representatives

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

  Section  1.  Section  11.01  of  the arts and cultural affairs law, as
added by chapter 849 of the laws of 1984,  subdivisions  11  and  20  as
amended,  subdivision  18  as added and subdivisions 19 and 21 as renum-
bered by chapter 940 of the laws of 1990, is amended to read as follows:
  S 11.01. Definitions. As used in this title:
  1. "Artist" means the creator of a work of fine art or, in the case of
multiples, the person who  conceived  or  created  the  image  which  is
contained  in  or which constitutes the master from which the individual
print was made.
  2. "Art merchant" means a person who is in the  business  of  dealing,
exclusively  or non-exclusively, in works of fine art or multiples, or a
person who by his occupation holds himself  OR  HERSELF  out  as  having
knowledge  or skill peculiar to such works, or to whom such knowledge or
skill may be attributed by his OR HER employment of an  agent  or  other
intermediary  who  by his OR HER occupation holds himself OR HERSELF out
as having such knowledge or skill.  The term "art merchant" includes  an
auctioneer  who  sells  such  works at public auction, and except in the
case of multiples, includes persons, not otherwise defined or treated as
art merchants herein, who are consignors or principals of auctioneers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13227-01-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A8604A - Details

See Senate Version of this Bill:
S4988B
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§11.01 & 12.01, Arts & Cul L

A8604A - Summary

Relates to consignments of works of art to art merchants by artists and their successors in interest.

A8604A - Bill Text download pdf

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

                                 8604--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M.  of A. ROSENTHAL, PAULIN, BRONSON, ZEBROWSKI, JAFFEE,
  MILLMAN, GALEF, WEPRIN, BARRON, MARKEY, GABRYSZAK,  HOOPER  --  Multi-
  Sponsored  by  --  M. of A. ABINANTI, CAHILL, COLTON, McENENY, REILLY,
  P. RIVERA, ROBINSON, SCHIMEL, WEISENBERG -- read once and referred  to
  the Committee on Tourism, Parks, Arts and Sports Development -- recom-
  mitted to the Committee on Tourism, Parks, Arts and Sports Development
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  arts  and  cultural affairs law, in relation to
  consignments of works of art to art merchants  by  artists  and  their
  successors in interest

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

  Section 1. Subdivisions 20 and 21 of section 11.01  of  the  arts  and
cultural affairs law, subdivision 21 as renumbered by chapter 940 of the
laws  of  1990, are renumbered subdivisions 21 and 22 and a new subdivi-
sion 20 is added to read as follows:
  20. "SUCCESSOR IN INTEREST" SHALL MEAN  A  "PERSONAL  REPRESENTATIVE",
"TESTAMENTARY BENEFICIARY", TRUSTEE OR BENEFICIARY OF A "LIFETIME TRUST"
OR AN "HEIR" (INCLUDING HEIRS WHO ACQUIRE THE WORK OF FINE ART, CRAFT OR
PRINT  FROM THE ARTIST OR CRAFTSPERSON OR FROM ANOTHER HEIR OR BENEFICI-
ARY OF THE ARTIST OR CRAFTSPERSON), WHICH  TERMS  SHALL  HAVE  THE  SAME
MEANINGS AS SET FORTH IN THE ESTATES, POWERS AND TRUSTS LAW.
  S  2.  Section 12.01 of the arts and cultural affairs law, as added by
chapter 849 of the laws of 1984 and paragraph (c) of  subdivision  1  as
added by chapter 675 of the laws of 1995, is amended to read as follows:
  S 12.01. Artist-art  merchant  relationships.  1.  Notwithstanding any
custom, practice or usage of the trade, any  provision  of  the  uniform
commercial  code  or any other law, statute, requirement or rule, or any
agreement, note, memorandum or writing to the contrary:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13227-02-2

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A8604B (ACTIVE) - Details

See Senate Version of this Bill:
S4988B
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§11.01 & 12.01, Arts & Cul L

A8604B (ACTIVE) - Summary

Relates to consignments of works of art to art merchants by artists and their successors in interest.

A8604B (ACTIVE) - Bill Text download pdf

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

                                 8604--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M.  of A. ROSENTHAL, PAULIN, BRONSON, ZEBROWSKI, JAFFEE,
  MILLMAN, GALEF, WEPRIN, BARRON, MARKEY, GABRYSZAK,  HOOPER  --  Multi-
  Sponsored  by  --  M. of A. ABINANTI, CAHILL, COLTON, McENENY, REILLY,
  P. RIVERA, ROBINSON, SCHIMEL, WEISENBERG -- read once and referred  to
  the Committee on Tourism, Parks, Arts and Sports Development -- recom-
  mitted to the Committee on Tourism, Parks, Arts and Sports Development
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  consignments  of  works  of  art to art merchants by artists and their
  successors in interest

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

  Section  1.  Subdivisions  20  and 21 of section 11.01 of the arts and
cultural affairs law, subdivision 21 as renumbered by chapter 940 of the
laws of 1990, are renumbered subdivisions 21 and 22 and a  new  subdivi-
sion 20 is added to read as follows:
  20.  "SUCCESSOR  IN  INTEREST" SHALL MEAN A "PERSONAL REPRESENTATIVE",
"TESTAMENTARY BENEFICIARY", TRUSTEE OR BENEFICIARY OF A "LIFETIME TRUST"
OR AN "HEIR" (INCLUDING HEIRS WHO ACQUIRE THE WORK OF FINE ART, CRAFT OR
PRINT FROM THE ARTIST OR CRAFTSPERSON OR FROM ANOTHER HEIR OR  BENEFICI-
ARY  OF  THE  ARTIST  OR  CRAFTSPERSON), WHICH TERMS SHALL HAVE THE SAME
MEANINGS AS SET FORTH IN THE ESTATES, POWERS AND TRUSTS LAW.
  S 2. Section 12.01 of the arts and cultural affairs law, as  added  by
chapter  849  of  the laws of 1984 and paragraph (c) of subdivision 1 as
added by chapter 675 of the laws of 1995, is amended to read as follows:
  S 12.01. Artist-art merchant  relationships.  1.  Notwithstanding  any
custom,  practice  or  usage  of the trade, any provision of the uniform

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13227-03-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.