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 |
May 25, 2012 |
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 |
Senate Bill S4988
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A8604 - Signed by Governor
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP, RFM) 24th Senate District
2011-S4988 - Details
- Law Section:
- Arts and Cultural Affairs Law
- Laws Affected:
- Amd §§11.01 & 12.01, Arts & Cul L
2011-S4988 - Sponsor Memo
BILL NUMBER:S4988 TITLE OF BILL: 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 PURPOSE: To provide increase protections for a consignor or his or her heirs when their works of art are under the fiduciary care of a consignee or art merchant and to mandate that such works of art shall never become property of the consignee, particularly when a consignee is paying a creditor's claim. SUMMARY OF PROVISIONS: Section 1. Amends section 11.01 of the arts and cultural affairs law, as amended by chapter 849 of the laws of 1984, subdivisions 11 and 20 as amended, subdivision 18 as added subdivision 19 and 21 as renumbered by chapter 940 of the laws of 1990 to add and modify several definitions. Section 2. Amends 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 to clarify artist-art merchant relationships to provide increased protections
2011-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
(R, C, IP, RFM) 24th Senate District
2011-S4988A - Details
- Law Section:
- Arts and Cultural Affairs Law
- Laws Affected:
- Amd §§11.01 & 12.01, Arts & Cul L
2011-S4988A - Sponsor Memo
BILL NUMBER:S4988A TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To provide increased protections for a consignor or his or her heirs when, their works of art are under the fiduciary care of a consignee or art merchant and to mandate that such works of art shall never become the property of the consignee, particularly when a consignee is paving a creditor's claim. SUMMARY OF SPECIFIC PROVISIONS: Section 1- Amends 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 subdivision 20 is added to define "successor in interest" Section 2- Amends section 12.01 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984 and paragraph (c) of subdivi- sion 1 as added by chapter 575 of the laws of 1995 to clarifies artist- art merchant relationships to provide increased protections for a consignor's trust property under the fiduciary care of a consignee, including cases of bankruptcy and provides for the consignor's ability
2011-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
(R, C, IP, RFM) 24th Senate District
2011-S4988B (ACTIVE) - Details
- Law Section:
- Arts and Cultural Affairs Law
- Laws Affected:
- Amd §§11.01 & 12.01, Arts & Cul L
2011-S4988B (ACTIVE) - Sponsor Memo
BILL NUMBER:S4988B TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To provide increased protections for a consignor or his or her heirs when, their works of art are under the fiduciary care of a consignee or art merchant and to mandate that such works of art shall never become the property of the consignee, particularly when a consignee is paving a creditor's claim. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends 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 subdivision 20 is added. Section 2 amends 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. Section 3 sets forth the effective date.
2011-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.
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.