NY State Senate Bill 2023-S5265B

Senate Bill S5265B

2023-2024 Legislative Session

Directs the department of economic development to conduct a study regarding increasing public access to museums in New York city

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2024	print number 5265b
Jun 05, 2024	amend and recommit to cultural affairs, tourism, parks and recreation
May 15, 2024	print number 5265a
May 15, 2024	amend (t) and recommit to cultural affairs, tourism, parks and recreation
Jan 03, 2024	referred to cultural affairs, tourism, parks and recreation
Mar 01, 2023	referred to cultural affairs, tourism, parks and recreation

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S5265 - Details

See Assembly Version of this Bill:: A3059
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Arts and Cultural Affairs
Versions Introduced in 2025-2026 Legislative Session:: S3747, A4519

2023-S5265 - Summary

Directs the department of economic development, in conjunction with various departments and offices, to conduct a study regarding increasing public access to museums in New York city; directs a report on such study to be submitted no later than one year after the effective date.

2023-S5265 - Sponsor Memo

                                 
BILL NUMBER: S5265

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to direct the department of economic development to conduct a
study regarding increasing public access to museums in New York state

 
PURPOSE OF THE BILL:

New York City is home to the world's most noteworthy museums, zoos,
performing arts centers, botanical gardens and more thanks to a unique
mid-19th century public-private partnership providing free access and
instruction to New Yorkers in exchange for free rent in buildings built
on City-owned parkland. Today, seventeen institutions benefit from the
partnership and receive more than $1 billion annually in free rent,
operating subsidies and admissions fees, while New Yorkers are asked to
pay for entrance. The Bill requests a study of controlling laws and
contracts with regard to each museum's initial or amended incorporating
purpose and each museum's obligation to provide free admission and/or
instruction to New Yorkers in exchange for the financial support, with
the purpose to elicit opinions and recommendations to ensure that each
museum's policies and practices are in compliance.

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 1 - directs the department of economic development, in conjunction
with the Empire State Development Corporation, the Department of Educa-
tion, the Office of Parks, Recreation and Historic Preservation, the
Department of Environmental Conservation, the Department of State, New
York City Department of Cultural Affairs, New York City Parks Department
and the New York State Council on the Arts to conduct a study of seven-
teen museums.

§ 2 - provides that a report of the findings, opinion, recommendations
and any proposed legislation necessary to implement evidence of each
museum's compliance, shall be filed with the Governor, Temporary Presi-
dent of the Senate and the Speaker of the Assembly within one year of
the effective date of this act.

 
JUSTIFICATION:

New Yorkers deserve access to the museums and cultural institutions
created for their free-of-charge access and education. In the mid-1800s,
a group of New York City industrialists had a shared ambition to curate
New York City's prominence on the world stage by showcasing their envia-
ble arts and science collections while preparing the influx of immi-
grants for citizenry and work. The planning for Olm stead's and Vaux's
"central" park was well underway. Andrew Greene, then-President of New
York City's Board of Education, envisioned the park as an education and
cultural campus. The education and cultural central park required short
term and long-term-financing - the "public's" tax dollars and the
"private's" possessions.

The City agreed to provide free rent, use of park land and buildings
constructed with funds from New York City's capital budget and later
operating subsidies in exchange for New Yorkers' free admission. These
terms were written into founding legislation for 17 institutions located
across New York City's public park land.
Today all 17 institutions require New Yorkers to pay a stated or pay-
what you-wish fee, without disclosure of our right to free access and
instruction. These institutions receive an estimated one billion dollars
in free rent, operating subsidies, admissions fees and capital costs
from New York City taxpayers every year. Considering the impact of
COVID-19 and education cuts, the time is ripe for our State legislators
to ensure that $1 Billion annually is invested according to the law and
in support of New York's education excellence and prosperity.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5265 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5265
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation
 
 AN ACT to direct the department of economic  development  to  conduct  a
   study regarding increasing public access to museums in New York state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Study. The department of economic development, in  conjunc-
 tion  with  the  empire state development corporation, the department of
 education, the office of parks, recreation  and  historic  preservation,
 the  department  of environmental conservation, the department of state,
 the New York city department of cultural  affairs,  the  New  York  city
 parks  department, and the New York state council on the arts, is hereby
 directed to conduct a comprehensive study on increasing public access to
 museums in New York state. The museums that shall be identified in  such
 study  shall  include,  but  not  be  limited  to the American Museum of
 Natural History, Brooklyn Botanic Garden,  Brooklyn  Academy  of  Music,
 Brooklyn  Children's  Museum, Brooklyn Museum, Museum of the City of New
 York, New York Botanical Garden, New York Hall of Science, Staten Island
 Museum, Staten Island Zoo, Metropolitan Museum of Art, Wave Hill,  Bronx
 Zoo,  Central Park Zoo, New York Aquarium, Prospect Park Zoo, and Queens
 Florham Park Zoo. Such study shall include, but not be limited to:
   1. Taking a census of such museums as at the end of  the  fiscal  year
 2018,  including  information  on the size, including but not limited to
 total land area, square footage and number of buildings,  rent  actually
 paid  or  the  value  of  the rent forgiven, hours of operation, visitor
 statistics,  including  attendance  figures  calculated  using   tickets
 presented  to  cashiers  and  reported  as  complimentary,  full fare or
 discounted, and individuals exempted from paying fees such as  students,
 professors  and teachers, military or persons with disabilities, and zip
 codes of visitors.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05458-01-3

 S. 5265                             2
 
   2. Identifying  the  2018  dollar  benefits,  directly  from  taxpayer
 dollars  and  city  and state agencies' budgets, and indirectly from the
 value of any form of free rent, including but not  limited  to  unstated
 amounts  and  amounts above $1 paid per annum as provided for in laws or
 agreements, real estate or other tax forgiveness.
   3.  Identifying  the market value of each museum's 2018 investment and
 restricted and unrestricted endowment portfolios.
   4. Providing information, including but not limited to, the provisions
 of controlling laws and contracts pertaining to such museums' initial or
 amended incorporating purpose and obligation to provide  free  admission
 and/or  instruction,  laws  appropriating  public funds for operating or
 capital costs, as well as offering opinions to inform the legislature as
 to whether such museums' policies and practices are in  compliance  with
 controlling laws and contracts and how to increase public access to such
 museums  and  the  continued  accessibility  and availability to all New
 Yorkers in consideration for their financial support  of  such  museums,
 and  to  craft  a reporting system that ensures effective and answerable
 oversight of such museums' compliance with  statutes,  codes,  laws  and
 complying agreements.
   §  2. Report. A report of the findings of such study, opinions, recom-
 mendations, and any proposed legislation  necessary  to  implement  such
 recommendations  shall  be filed with the governor, the temporary presi-
 dent of the senate, and the speaker of the assembly no  later  than  one
 year after the effective date of this act.
   § 3. This act shall take effect immediately.

co-Sponsors

2023-S5265A - Details

See Assembly Version of this Bill:: A3059
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Arts and Cultural Affairs
Versions Introduced in 2025-2026 Legislative Session:: S3747, A4519

2023-S5265A - Summary

2023-S5265A - Sponsor Memo

                                 
BILL NUMBER: S5265A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to direct the department of economic development to conduct a
study regarding increasing public access to museums in New York city

 
PURPOSE:

New York City is home to the world's most noteworthy museums, zoos,
performing arts centers, botanical gardens and more thanks to a unique
mid-19th century public-private partnership providing free access and
instruction to New Yorkers in exchange for free rent in buildings built
on City-owned parkland. Today, seventeen institutions benefit from the
partnership and receive more than $1 billion annually in free rent,
operating subsidies and admissions fees, while New Yorkers are asked to
pay for entrance. The Bill requests a study of controlling laws and
contracts with regard to each museum's initial or amended incorporating
purpose and each museum's obligation to provide free admission and/or
instruction to New Yorkers in exchange for the financial support, with
the purpose to elicit opinions and recommendations to ensure that each
museum's policies and practices are in compliance.

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 1 - directs the department of economic development, in conjunction
with the Empire State Development Corporation, the Department of Educa-
tion, the Office of Parks, Recreation and Historic Preservation, the
Department of Environmental Conservation, the Department of State, New
York City Department of Cultural Affairs, New York City Parks Department
and the New York State Council on the Arts to conduct a study of seven-
teen museums.

§ 2 - provides that a report of the findings, opinion, recommendations
and any proposed legislation necessary to implement evidence of each
museum's compliance, shall be filed with the Governor, Temporary Presi-
dent of the Senate and the Speaker of the Assembly within one year of
the effective date of this act.

 
JUSTIFICATION:

New Yorkers deserve access to the museums and cultural institutions
created for their free-of-charge access and education. In the
mid-1800s,. a group of New York City industrialists had a shared ambi-
tion to curate New York City's prominence on the world stage by showcas-
ing their enviable arts and science collections while preparing the
influx of immigrants for citizenry and work. The planning for Olmstead's
and Vaux's "central" park was well underway.  Andrew Greene, then-Presi-
dent of New York City's Board of Education, envisioned the park as an
education and cultural campus. The education and cultural central park
required short term and long-term-financing - the "public's" tax dollars
and the "private's" possessions.

The City agreed to provide free rent, use of park land and buildings
constructed with funds from New York City's capital budget and later
operating subsidies in exchange for New Yorkers' free admission.  These
terms were written into founding legislation for 17 institutions located
across New York City's public park land.  Today all 17 institutions
require New Yorkers to pay a stated or pay-what you-wish fee, without
disclosure of our right to free access and instruction. These insti-
tutions receive an estimated one billion dollars in free rent, operating
subsidies, admissions fees and capital costs from New York City taxpay-
ers every year. Considering the impact of COVID-19 and education cuts,
the time is ripe for our State legislators to ensure that $1 Billion
annually is invested according to the law and in support of New York's
education excellence and prosperity.

 
LEGISLATIVE HISTORY:

This is the first introduction of this bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately upon enactment.

2023-S5265A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5265--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced by Sens. CLEARE, SEPULVEDA -- 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 direct the department of economic  development  to  conduct  a
   study regarding increasing public access to museums in New York city
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Study. The department of economic development, in  conjunc-
 tion  with  the  empire state development corporation, the department of
 education, the office of parks, recreation  and  historic  preservation,
 the  department  of environmental conservation, the department of state,
 the New York city department of cultural  affairs,  the  New  York  city
 parks  department, and the New York state council on the arts, is hereby
 directed to conduct a comprehensive study on increasing public access to
 and laws requiring free public access to museums in New York  city.  The
 museums  that  shall  be  identified  in such study operate as and shall
 include, but not be limited to the American Museum of  Natural  History,
 Brooklyn  Botanic Garden, Brooklyn Academy of Music, Brooklyn Children's
 Museum, Brooklyn Museum, Museum of the City of New York, New York Botan-
 ical Garden, New York Hall of  Science,  Staten  Island  Museum,  Staten
 Island  Zoo,  the  Metropolitan  Museum  of  Art,  Wave Hill, Bronx Zoo,
 Central Park Zoo, New York Aquarium, Prospect Park Zoo, and Queens Flor-
 ham Park Zoo. Such study shall include, but not be limited to:
   1. Taking a census of such museums as at the end of  the  fiscal  year
 2018,  including  information  on the size, including but not limited to
 total land area, square footage and  number  of  buildings,  history  of
 general operating expenses, history of municipal operating, rent actual-
 ly  paid  or the value of the rent forgiven, hours of operation, visitor
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05458-03-4

 S. 5265--A                          2
 
 statistics,  including  attendance  figures  calculated  using   tickets
 presented  to  cashiers  and  reported  as  complimentary,  full fare or
 discounted, and individuals exempted from paying fees such as  students,
 professors  and  teachers,  military  or  persons with disabilities, zip
 codes of visitors, identification  of  the  2018  dollar  benefits  from
 taxpayer  dollars from city and state agency budgets, and description of
 terms of free rent.
   2. Identifying the market value of each museum's 2018  investment  and
 restricted and unrestricted endowment portfolios.
   3. Providing information, including but not limited to, the provisions
 of controlling laws and contracts pertaining to such museums' initial or
 amended  incorporating  purpose and obligation to provide free admission
 and/or instruction, laws appropriating public  funds  for  operating  or
 capital costs, as well as offering opinions to inform the legislature as
 to  whether  such museums' policies and practices are in compliance with
 controlling laws and contracts and how to increase public access to such
 museums and the continued accessibility  and  availability  to  all  New
 Yorkers  in  consideration  for their financial support of such museums,
 and to craft a reporting system that ensures  effective  and  answerable
 oversight  of  such  museums'  compliance with statutes, codes, laws and
 complying agreements.
   § 2. Report. A report of the findings of  such  study,  opinions,  and
 recommendations,  shall be filed with the governor, the temporary presi-
 dent of the senate, and the speaker of the assembly no  later  than  one
 year after the effective date of this act.
   § 3. This act shall take effect immediately.

co-Sponsors

2023-S5265B (ACTIVE) - Details

See Assembly Version of this Bill:: A3059
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Arts and Cultural Affairs
Versions Introduced in 2025-2026 Legislative Session:: S3747, A4519

2023-S5265B (ACTIVE) - Summary

2023-S5265B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5265B

SPONSOR: CLEARE
 
PURPOSE:

New York City is home to the world's most noteworthy museums, zoos,
performing arts centers, botanical gardens and more thanks to a unique
mid-19th century public-private partnership. Since then, due to various
circumstances public access to many of New York City's noteworthy insti-
tutions has decreased. This bill would set fourth a study that focuses
on the historic and current status of public access and free access to
17 of New York city's most noteworthy institutions. The study will exam-
ine the financial status, current policies and practices, historic and
current mission and purpose of these museums. The study will also focus
on the enabling legislating, statutory requirement and historical chang-
es regarding free public access and free admission.

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 1 - Directs the department of economic development, in conjunction
with the Empire State Development Corporation, the Department of Educa-
tion, the Office of Parks, Recreation and Historic Preservation, the
Department of Environmental Conservation, the Department of State, New

York City Department of Cultural Affairs, New York City Parks Department
and the New York State Council on the Arts to conduct a study of seven-
teen museums.

§ 2 - Provides that the Scope of the shall focus on current barriers to
public access, the historical access by the public, laws governing free
public access, the financial and operational impact of increasing public
access, financial support since the creation of these museums and the
other topics that shall be included in the study.

§ 3 - Provides that a report of the findings, and recommendations shall
be field with Governor, Temporary President of Senate, and the Speaker
of the Assembly within one year of the effective date of this act

 
JUSTIFICATION:

New Yorkers deserve access to the museums and cultural institutions
created for their access and education. In the mid-1800s, a group of New
York City industrialists had a shared ambition to curate New York City's
prominence on the world stage by showcasing their enviable arts and
science collections while preparing the influx of immigrants for citi-
zenry and work. The planning for Olmstead's and Vaux's "central" park
was well underway. Andrew Greene, then-President of New York City's
Board of Education, envisioned the park as an education and cultural
campus. The education and cultural central park required short term and
long-term-financing - the "public's" tax dollars and the "private's"
possessions.

The city agreed to provide free rent, use of park land and buildings
constructed with funds from New York City's capital budget and later
operating subsidies in exchange for New Yorkers' free admission.  These
terms were written into founding legislation for 17 institutions located
across New York City's public park land. Today due to various changes to
operations, financial situations and historical circumstances all 17
institutions require New Yorkers to pay a stated or pay what you wish
fee, increasing barriers to public access and free admission.
 
LEGISLATIVE HISTORY:

This is the first introduction of this bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately upon enactment.

2023-S5265B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5265--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced by Sens. CLEARE, SEPULVEDA -- 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  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  direct  the department of economic development to conduct a
   study regarding increasing public access to museums in New York city
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Study.  a.    The  department of economic development, in
 conjunction with the empire state development corporation,  the  depart-
 ment  of education, the office of parks, recreation and historic preser-
 vation, the department of environmental conservation, the department  of
 state,  the  New  York city department of cultural affairs, the New York
 city parks department, and the New York state council on  the  arts,  is
 hereby  directed  to  conduct a comprehensive study on increasing public
 access to museums in New York city.
   b. The museums that shall be identified in such study operate  as  and
 shall  include,  but  not  be  limited to the American Museum of Natural
 History, Brooklyn Botanic Garden, Brooklyn Academy  of  Music,  Brooklyn
 Children's  Museum, Brooklyn Museum, Museum of the City of New York, New
 York Botanical Garden, New York Hall of Science, Staten  Island  Museum,
 Staten Island Zoo, the Metropolitan Museum of Art, Wave Hill, Bronx Zoo,
 Central Park Zoo, New York Aquarium, Prospect Park Zoo, and Queens Flor-
 ham Park Zoo.
   §  2.  Scope.  The  study  shall  focus  on current barriers to public
 access, historical access by the  public,  laws  governing  free  public
 access,  the  financial  and  operational  impact  of  increasing public

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05458-07-4

 S. 5265--B                          2
 
 access, financial support received  by  museums  from  governmental  and
 other entities, and changes in such financial support since the creation
 of  these  museums. To that end, the topics to be studied shall include,
 but not be limited to:
   a.  the financial status of such museums, including assets, sources of
 income, endowment portfolios, and expenses;
   b. current policies and practices of  such  museums  regarding  public
 access, with a focus on laws regarding free access and admission;
   c. historic and current mission, purpose, and operations of such muse-
 ums;
   d.  enabling  legislation  and  other statutory requirements regarding
 free public access and free admission;
   e. historical changes in free access by the public; and
   f. historical changes in support  by  various  governmental  entities,
 including operational funding, use and value of land and buildings owned
 by the state or the city of New York.
   §  3.  Report  and  recommendations.  A report of the findings of such
 study shall be filed with the governor, the temporary president  of  the
 senate, and the speaker of the assembly no later than one year after the
 effective date of this act.  The report shall include recommendations on
 increasing public access, including expanding free public access, and an
 analysis  of  what  measures will need to be taken to ensure such access
 while not undermining the operations or missions of the museums.
   § 4. This act shall take effect immediately.

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Senate Bill S5265B

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Sponsored By

Cordell Cleare

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Bill Amendments

co-Sponsors

Luis R. Sepúlveda

2023-S5265 - Details

2023-S5265 - Summary

2023-S5265 - Sponsor Memo

2023-S5265 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2023-S5265A - Details

2023-S5265A - Summary

2023-S5265A - Sponsor Memo

2023-S5265A - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2023-S5265B (ACTIVE) - Details

2023-S5265B (ACTIVE) - Summary

2023-S5265B (ACTIVE) - Sponsor Memo

2023-S5265B (ACTIVE) - Bill Text download pdf

Comments