NY State Senate Bill S1229A

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

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

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.

Leave this field blank

Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Votes

view votes

Apr 11, 2016 - floor Vote

S1229A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 25, 2016 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S1229A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 15, 2015 - floor Vote

S1229A

floor

Aye

Nay

Absent

Excused

Abstained

May 28, 2015 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S1229

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

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

imitation flooding the art market that could potentially  devalue  the
work of millions of artists.

In  recent  years,  the work of authenticators has come under pressure
from meritless lawsuits against those  who  render  opinions  in  good
faith. Such defense of expensive and frivolous lawsuits have left many
in  the  industry  reluctant to lend their expertise in authenticating
art works.

This bill would clarify the role of art authenticators to ensure  that
those  who practice their profession, in good faith, would be afforded
protections under the law to ensure that only valid, verifiable claims
against authenticators are allowed to proceed in civil court.

LEGISLATIVE HISTORY:

2014: S.1356 Committed to Rules; A. 9016 Referred to  Tourism,  Parks,
Arts and Sports Development

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This  act  shall  take  effect on the sixtieth day after it shall have
become a law and shall apply to all opinions as to  the  authenticity,


attribution  or  authorship  of a work of fine art provided to someone
other than the authenticator after such effective date.

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

S. 1229                             2

FINE  ART. "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 ART IS
EXPRESSED  OR  IMPLIED.  "AUTHENTICATOR"  SHALL  NOT INCLUDE A PERSON OR
ENTITY THAT HAS A FINANCIAL INTEREST IN THE WORK OF FINE ART  FOR  WHICH
SUCH  OPINION  IS RENDERED OR IN ANY TRANSACTION CONCERNING SUCH WORK OF
FINE ART FOR WHICH THE OPINION IS RENDERED, OTHER THAN TO BE COMPENSATED
FOR SERVICES SUCH PERSON OR ENTITY ENGAGED IN TO PROVIDE AN  OPINION  AS
TO  THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF SUCH WORK OF FINE ART
OR TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION IS BASED IN WHOLE  OR
IN PART.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall apply to all opinions as to the  authentici-
ty,  attribution or authorship of a work of fine art provided to someone
other than the authenticator after such effective date.

Co-Sponsors

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

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

Section six 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 imitations flooding the art market that could
potentially devalue the work of millions of artists.

In recent years, the work of authenticators has come under pressure
from meritless lawsuits against those who render opinions in good
faith. Such defense of expensive and frivolous lawsuits have left many
in the industry reluctant to lend their expertise in authenticating
art works.

This bill would clarify the role of art authenticators to ensure that
those who practice their profession, in good faith, would be afforded
protections under the law to ensure that only valid, verifiable claims
against authenticators are allowed to proceed in civil court.

PRIOR LEGISLATIVE HISTORY:  A.9016 of 2013-2014

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:  None.

EFFECTIVE DATE:  This act shall take effect on the sixtieth day after
it shall have become a law and shall apply to all opinions as to the
authenticity, attribution. or authorship of a work of fine art


provided to someone other than the authenticator after such effective
date.

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.

                                                           LBD04295-03-5

S. 1229--A                          2

SERVICES SUCH PERSON OR ENTITY ENGAGED IN TO PROVIDE AN  OPINION  AS  TO
THE  AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF SUCH WORK OF FINE ART OR
VISUAL ART MULTIPLE OR TO PROVIDE INFORMATION ON WHICH SUCH  AN  OPINION
IS BASED IN WHOLE OR IN PART.
  S  2.  Section 15.11 of the arts and cultural affairs law, as added by
chapter 849 of the laws of 1984, is amended to read as follows:
  S 15.11. Express warranties.  Information  provided  pursuant  to  the
provisions  of this article shall create an express warranty pursuant to
section 13.05 of this title.  When  such  information  is  not  supplied
because  not  applicable, this shall constitute an express warranty that
such required information is not applicable.   THIS  SECTION  SHALL  NOT
APPLY  TO  AN AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISUAL
ART MULTIPLE OR WORK OF FINE ART, AS SET  FORTH  IN  SUBDIVISION  23  OF
SECTION 11.01 OF THIS CHAPTER, SECTION 15.12 OF THIS ARTICLE, AND SUBDI-
VISION 4 OF SECTION 15.15 OF THIS ARTICLE.
  S  3.  The  arts  and  cultural affairs law is amended by adding a new
section 15.12 to read as follows:
  S 15.12. AUTHENTICATION OF WORKS OF FINE ART AND VISUAL ART MULTIPLES.
IN ANY CIVIL ACTION BROUGHT AGAINST  AN  AUTHENTICATOR,  AS  DEFINED  IN
SUBDIVISION  23  OF  SECTION  11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENICATOR'S OPINION OR INFORMATION CONCERNING A VISUAL
ART MULTIPLE OR WORK OF FINE ART, THE CLAIMANT SHALL SPECIFY WITH PARTI-
CULARITY IN THE COMPLAINT FACTS SUFFICIENT TO SUPPORT  EACH  ELEMENT  OF
THE CLAIM OR CLAIMS ASSERTED.
  S  4.  Subdivision 4 of section 15.15 of the arts and cultural affairs
law, as added by chapter 849 of the laws of 1984, is amended to read  as
follows:
  4.  (A)  In any action to enforce any provision of this article, OTHER
THAN A CIVIL ACTION BROUGHT AGAINST  AN  AUTHENTICATOR,  AS  DEFINED  IN
SUBDIVISION  23  OF  SECTION  11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISU-
AL ART MULTIPLE OR WORK OF FINE ART, the court may allow the  prevailing
purchaser  the  costs  of the action together with reasonable attorneys'
and expert witnesses' fees.
  (B) IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR,  AS  DEFINED
IN  SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISU-
AL ART MULTIPLE OR WORK OF FINE ART, THE COURT MAY ALLOW THE  PREVAILING
AUTHENTICATOR  THE  COSTS  OF THE ACTION TOGETHER WITH REASONABLE ATTOR-
NEYS' AND EXPERT WITNESSES' FEES, PROVIDED, HOWEVER, THAT NO SUCH  COSTS
OR  FEES  SHALL  BE  MADE PURSUANT TO THIS SECTION EXCEPT UPON A WRITTEN
FINDING OF GOOD AND JUST CAUSE, WHICH SHALL SPECIFY THE GROUNDS THEREOF.
  (C) In the event, however, the court  determines  that  an  action  to
enforce  ANY  PROVISION  OF THIS ARTICLE was brought in bad faith it may
allow such expenses  to  the  art  merchant  as  it  deems  appropriate;
PROVIDED, HOWEVER, THAT IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTI-
CATOR,  AS  DEFINED  IN SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER,
THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION  OR  INFORMA-
TION  CONCERNING  A  VISUAL  ART  MULTIPLE  OR WORK OF FINE ART, NO SUCH
EXPENSES SHALL BE ASSESSED OR ALLOWED AGAINST THE AUTHENTICATOR.
  S 5. Subdivision 5 of section 15.15 of the arts and  cultural  affairs
law,  as added by chapter 849 of the laws of 1984, is amended to read as
follows:
  5. An action to enforce any liability  under  this  article,  BUT  NOT
INCLUDING  CIVIL ACTIONS AGAINST AUTHENTICATORS, shall be brought within

S. 1229--A                          3

the period prescribed for such actions by article  two  of  the  uniform
commercial code.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall apply to all opinions as to the  authentici-
ty, attribution or authorship of a work of fine art or visual art multi-
ple  provided  to someone other than the authenticator after such effec-
tive date.

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.

The New York State Senate

senate Bill S1229A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Feb 25, 2016 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Feb 25, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 28, 2015 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Committee Vote: May 28, 2015

Bill Amendments

Co-Sponsors

S1229 - Details

S1229 - Summary

S1229 - Sponsor Memo

S1229 - Bill Text download pdf

Co-Sponsors

S1229A (ACTIVE) - Details

S1229A (ACTIVE) - Summary

S1229A (ACTIVE) - Sponsor Memo

S1229A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1229A

Share this bill

Sponsored By

Betty Little

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Feb 25, 2016 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Feb 25, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 28, 2015 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Committee Vote: May 28, 2015

Bill Amendments

Co-Sponsors

George Latimer

S1229 - Details

S1229 - Summary

S1229 - Sponsor Memo

S1229 - Bill Text download pdf

Co-Sponsors

George Latimer

S1229A (ACTIVE) - Details

S1229A (ACTIVE) - Summary

S1229A (ACTIVE) - Sponsor Memo

S1229A (ACTIVE) - Bill Text download pdf

Comments