Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Apr 11, 2016 | referred to tourism, parks, arts and sports development delivered to assembly passed senate |
Mar 01, 2016 | advanced to third reading |
Feb 29, 2016 | 2nd report cal. |
Feb 25, 2016 | 1st report cal.231 |
Jan 06, 2016 | referred to cultural affairs, tourism, parks and recreation returned to senate died in assembly |
Jun 15, 2015 | referred to tourism, parks, arts and sports development delivered to assembly passed senate |
Jun 02, 2015 | advanced to third reading |
Jun 01, 2015 | 2nd report cal. amended 1229a |
May 28, 2015 | 1st report cal.1038 |
Jan 09, 2015 | referred to cultural affairs, tourism, parks and recreation |
senate Bill S1229A
Sponsored By
Betty Little
(R, C, IP) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
George Latimer
(D) 0 Senate District
S1229 - Details
- See Assembly Version of this Bill:
- A1018
- Law Section:
- Arts and Cultural Affairs Law
- Laws Affected:
- Add §15.12, amd §§11.01, 15.11 & 15.15, Arts & Cul L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: S6794, A9016
2017-2018: S1974, A5120
2019-2020: S7536, A107
2021-2022: S1491, A604
2023-2024: S1607, A1760
S1229 - Summary
Relates to the authenticity, attribution and authorship of fine works of art; defines the term authenticator and stipulates that in a civil action regarding authenticity, the claimant must specify with particularity the facts and prove the elements by clear and convincing evidence; entitles the authenticator to recover reasonable attorneys' fees and expenses if he/she prevails.
S1229 - Sponsor Memo
BILL NUMBER:S1229 REVISED MEMO 02/03/2015 TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to opinions concerning authenticity, attribution and authorship of works of fine art PURPOSE: To enhance protections under the law for individuals who are employed as art authenticator in the visual arts community. SUMMARY OF PROVISIONS: Section one adds a new section 13.04 to the arts and cultural affairs law Section two sets forth the effective date. JUSTIFICATION: In general, artwork is authenticated by a trained person through documentation, stylistic inquiry, and/or scientific verification. No one method is perfect as oftentimes authenticity is difficult to determine. While each authentication method has its own drawbacks, the role of authenticators as drivers of the art market cannot be overstated. Art authenticators reduce the risk of counterfeits and
S1229 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1229 2015-2016 Regular Sessions I N S E N A T E January 9, 2015 ___________ Introduced by Sens. LITTLE, LATIMER -- 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 opin- ions concerning authenticity, attribution and authorship of works of fine art THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The arts and cultural affairs law is amended by adding a new section 13.04 to read as follows: S 13.04. OPINIONS AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF WORKS OF FINE ART. 1. IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICA- TOR THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFOR- MATION CONCERNING A WORK OF FINE ART, THE CLAIMANT SHALL: (A) SPECIFY WITH PARTICULARITY IN THE COMPLAINT FACTS SUFFICIENT TO SUPPORT EACH ELEMENT OF THE CLAIM OR CLAIMS ASSERTED; AND (B) PROVE THE ELEMENTS OF SUCH CLAIM OR CLAIMS BY CLEAR AND CONVINCING EVIDENCE. 2. IN ANY ACTION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE AUTHENTICATOR SHALL BE ENTITLED TO RECOVER HIS, HER OR ITS REASONABLE ATTORNEYS' FEES, COSTS AND EXPENSES IF AND TO THE EXTENT THAT THE AUTHENTICATOR PREVAILS IN SUCH ACTION. 3. "AUTHENTICATOR" AS USED IN THIS SECTION SHALL MEAN, SUBJECT TO THE LIMITATIONS IN THE FINAL SENTENCE OF THIS PARAGRAPH, A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS HAVING EXPERTISE REGARDING THE ARTIST OR WORK OF FINE ART WITH RESPECT TO WHOM SUCH PERSON OR ENTI- TY RENDERS AN OPINION IN GOOD FAITH AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART, OR A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS OR SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN UNCOVER- ING FACTS THAT SERVE AS A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04295-01-5
Co-Sponsors
George Latimer
(D) 0 Senate District
S1229A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1018
- Law Section:
- Arts and Cultural Affairs Law
- Laws Affected:
- Add §15.12, amd §§11.01, 15.11 & 15.15, Arts & Cul L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: S6794, A9016
2017-2018: S1974, A5120
2019-2020: S7536, A107
2021-2022: S1491, A604
2023-2024: S1607, A1760
S1229A (ACTIVE) - Summary
Relates to the authenticity, attribution and authorship of fine works of art; defines the term authenticator and stipulates that in a civil action regarding authenticity, the claimant must specify with particularity the facts and prove the elements by clear and convincing evidence; entitles the authenticator to recover reasonable attorneys' fees and expenses if he/she prevails.
S1229A (ACTIVE) - Sponsor Memo
BILL NUMBER:S1229A TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to opinions concerning authenticity, attribution and authorship of works of fine art PURPOSE OR GENERAL IDEA OF BILL: To enhance protections under the law for individuals who are employed as art authenticator in the visual arts community SPECIFIC PROVISIONS: Section one amends section 11.01 of the arts and cultural affairs law by adding a new subdivision 23 to define authenticator. Section two amends section 15.11 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984. Section three amends the arts and cultural affairs law by adding a new section 15.12. Section four amends subdivision 4 of section 15.15 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984. Section five amends subdivision five of section 15.15 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984
S1229A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1229--A Cal. No. 1038 2015-2016 Regular Sessions I N S E N A T E January 9, 2015 ___________ Introduced by Sens. LITTLE, LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- reported favorably from said commit- tee, 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 opin- ions concerning authenticity, attribution and authorship of works of fine art 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 is amended by adding a new subdivision 23 to read as follows: 23. "AUTHENTICATOR" AS USED IN SECTION 15.11, 15.12 AND 15.15 OF THIS CHAPTER SHALL MEAN, SUBJECT TO THE LIMITATIONS IN THIS SUBDIVISION, A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS HAVING EXPERTISE REGARDING THE ARTIST, WORK OF FINE ART, OR VISUAL ART MULTIPLE WITH RESPECT TO WHOM SUCH PERSON OR ENTITY RENDERS AN OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR VISUAL ART MULTIPLE, OR A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS OR SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN UNCOVERING FACTS THAT SERVE AS A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN OPINION AS TO THE AUTHEN- TICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR VISUAL ART MULTIPLE. "AUTHENTICATOR" SHALL INCLUDE, BUT NOT BE LIMITED TO, AUTHORS OF CATALOGUES RAISONNE OR OTHER SCHOLARLY TEXTS IN WHICH AN OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR VISUAL ART MULTIPLE IS EXPRESSED OR IMPLIED. "AUTHENTICATOR" SHALL NOT INCLUDE A PERSON OR ENTITY THAT HAS A FINANCIAL INTEREST IN THE WORK OF FINE ART OR VISUAL ART MULTIPLE FOR WHICH SUCH OPINION IS RENDERED OR IN ANY TRANSACTION CONCERNING SUCH WORK OF FINE ART OR VISUAL ART MULTIPLE FOR WHICH THE OPINION IS RENDERED, OTHER THAN TO BE COMPENSATED FOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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