senate Bill S4988A

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A8604 - Signed by Governor


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

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Actions

view actions (19)
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 20, 2012 substituted by a8604b
Jun 11, 2012 advanced to third reading
Jun 06, 2012 amended 4988b
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1018
May 25, 2012 print number 4988a
amend (t) and recommit to cultural affairs, tourism, parks and recreation
Jan 04, 2012 referred to cultural affairs, tourism, parks and recreation
Jun 24, 2011 committed to rules
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1008
May 02, 2011 referred to cultural affairs, tourism, parks and recreation

Votes

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Jun 5, 2012 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S4988A
11
0
committee
11
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Jun 5, 2012

aye wr (3)

Jun 6, 2011 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S4988
12
0
committee
12
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 6, 2011

aye wr (2)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S4988 - Details

Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§11.01 & 12.01, Arts & Cul L

S4988 - Summary

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

S4988 - Sponsor Memo

S4988 - Bill Text download pdf

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

                                  4988

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

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.
  3. "Author" or "authorship" refers to the creator of a  work  of  fine
art or multiple or to the period, culture, source or origin, as the case
may  be,  with  which  the  creation  of  such work is identified in the
description of the work.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09750-01-1

Co-Sponsors

S4988A - Details

Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§11.01 & 12.01, Arts & Cul L

S4988A - Summary

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

S4988A - Sponsor Memo

S4988A - Bill Text download pdf

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

                                 4988--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced by Sens. LITTLE, LANZA -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation  --  recommitted  to  the  Committee  on
  Cultural  Affairs,  Tourism,  Parks  and Recreation in accordance with
  Senate Rule 6, sec. 8 -- 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:
  (a) Whenever an artist or craftsperson, [his heirs or personal  repre-
sentatives]  OR  A SUCCESSOR IN INTEREST OF SUCH ARTIST OR CRAFTSPERSON,
delivers or causes to be delivered a work of fine art, craft or a  print

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09750-02-2

Co-Sponsors

S4988B (ACTIVE) - Details

Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§11.01 & 12.01, Arts & Cul L

S4988B (ACTIVE) - Summary

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

S4988B (ACTIVE) - Sponsor Memo

S4988B (ACTIVE) - Bill Text download pdf

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

                                 4988--B
    Cal. No. 1018

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced by Sens. LITTLE, LANZA -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation  --  recommitted  to  the  Committee  on
  Cultural  Affairs,  Tourism,  Parks  and Recreation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second report

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.

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