NY State Senate Bill 2009-S4584

Archive: Last Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to cultural affairs, tourism, parks and recreation
Jun 15, 2009	print number 4584a
Jun 15, 2009	amend (t) and recommit to cultural affairs, tourism, parks and recreation
Apr 24, 2009	referred to cultural affairs, tourism, parks and recreation

Bill Amendments

Original

A (Active)

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2009-S4584 - Details

Law Section:: Education Law
Laws Affected:: Add §233-aaa, rpld & add §233-a sub 5 ¶(a), §233-aa sub 5, Ed L

2009-S4584 - Summary

Relates to the accessioning and deaccessioning of museum property.

2009-S4584 - Sponsor Memo

                                 BILL NUMBER:  S4584

 TITLE OF BILL :

An act to amend the education law, in relation to the deaccessioning
of property by museums; and to repeal certain provisions of such law
relating thereto


 PURPOSE :

To create rules for deaccessioning of items in a museum's collection
and to regulate the use of funds from disposed items.

 SUMMARY OF PROVISIONS :

* Legally defines what have been 'working' terms for museum
collections and collection management policies.

* Requires each museum to adopt and publish a binding collection
management policy and mission statement.

* Each museum shall accession all items in its possession that are
consistent with its mission statement and collection management
policy.

* Items may only be deaccessioned if certain criteria have been met;
either that the item is inconsistent with the mission of the museum,
the item has failed to retain its identity, the item is redundant, the
item's preservation and conservations needs are beyond the capacity of
the museum to provide, or the deaccession of the item refines the
collection per its collection management policy.

* Any museum disposing of an item must make a 'good faith effort' to
sell or transfer the item to another New York State museum.

* Proceeds from the disposal of deaccessioned items may be used for
the acquisition of another item for the museum's collection, and/or
for the preservation and protection of an item in the collection,
proceeds may never be used for customary operating expenses.

* The Board of Regents will have the authority to enforce the
provisions of this law.

* Additionally, the board of regents is authorized to study and report
to the Governor whether or not museums should include buildings in
their collection.

 JUSTIFICATION :
The State of New York has the finest museums in the world, giving the
people of the State and visitors an unequaled opportunity to
experience the world's cultural, artistic, historical, natural history
and scientific heritage. These museums exist across the state, range
in size from the smallest to the largest institutions in the world,
and are all creatures of state government. Some are directly chartered
by the Legislature, and some by the Board of Regents, but all are
subject to the public interest as set forth in law, regulation,
charter requirement, and sound museum practice as set forth by museum
associations and accreditation organizations. The state's museums have
been exemplary in abiding by and protecting the public interest.

There is a need for clarification and standards with respect to the
ways museums acquire, hold, and dispose of property, especially
property that is part of their collections. The need for such
improvement in state policy and practice is of longstanding concern,
but has been highlighted by the recent and widely discussed increase
in financial pressure on cultural institutions. There have been
attempts in New York and elsewhere to monetize museum collections and
the asserted use of those monies for purposes other than the
protection and expansion of collections. Such practices are
inconsistent with the interest of the people of the State, are
inconsistent with requirements of governing documents, accreditation
standards, and accepted museum practices, and, if unchecked, will
permanently endanger the integrity and existence of museum collections
handed to us by earlier generations as a sacred cultural and ethical
trust.

The requirements of this law are necessary to protect the cultural,
artistic, historical, and scientific heritage of the state, and the
public interest, are consistent with long-standing professional
standards set forth by the museum community, and are consistent with
the statutory and constitutional responsibilities of the Legislature
and the Board of Regents.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Not applicable.

 EFFECTIVE DATE :
Immediately.

2009-S4584 - Bill Text download pdf

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

                                  4584

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced by Sens. SERRANO, HASSELL-THOMPSON, LITTLE, MONTGOMERY, MORA-
  HAN,  SCHNEIDERMAN -- 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 education law, in relation to the deaccessioning of
  property by museums; and to repeal  certain  provisions  of  such  law
  relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
determines  that  the  state  of  New York has the finest museums in the
world, giving the people of the state and visitors an unequaled opportu-
nity to experience the world's cultural, artistic,  historical,  natural
history  and  scientific heritage. These museums exist across the state,
range in size from the smallest  to  the  largest  institutions  in  the
world,  and  are  all   creatures of state government. Some are directly
chartered by the legislature, and some by the board of regents, but  all
are  subject  to  the  public  interest as set forth in law, regulation,
charter requirement, and sound museum practice as set  forth  by  museum
associations  and  accreditation organizations. The state's museums have
been exemplary in abiding by and protecting the public interest.
  The legislature further finds and determines that there is a need  for
clarification  and  standards  with respect to the ways museums acquire,
hold, and dispose of property, especially property that is part of their
collections. The need for such improvement in state policy and  practice
is  of long-standing concern, but has been highlighted by the recent and
widely discussed increase  in  financial  pressure  on  cultural  insti-
tutions.    The  legislature notes attempts in New York and elsewhere to
monetize museum collections and the asserted use  of  those  monies  for
purposes  other  than  the  protection and expansion of collections. The
legislature further finds and determines that such practices are  incon-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-01-9

S. 4584                             2

sistent   with the interest of the people of the state, are inconsistent
with requirements of governing documents, accreditation  standards,  and
accepted  museum practices, and, if unchecked, will permanently endanger
the integrity and existence of museum collections handed to us by earli-
er generations as a sacred cultural and ethical trust.
  The  legislature therefore finds and declares that the requirements of
this law are necessary to protect the  cultural,  artistic,  historical,
and  scientific  heritage  of  the  state,  and the public interest, are
consistent with long-standing professional standards set  forth  by  the
museum  community,  and  are consistent with the statutory and constitu-
tional responsibilities of the legislature and the board of regents.
  S 2. The education law is amended by adding a new section  233-aaa  to
read as follows:
  S  233-AAA. ACCESSION AND DEACCESSION OF PROPERTY. 1. FOR THE PURPOSES
OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MUSEUM" MEANS ANY  INSTITUTION  HAVING  COLLECTING  AS  A  STATED
PURPOSE  IN ITS CHARTER, CERTIFICATE OF INCORPORATION, OR OTHER ORGANIZ-
ING DOCUMENTS, OR OWNING OR HOLDING COLLECTIONS, OR INTENDING TO OWN  OR
HOLD  COLLECTIONS  THAT IS A GOVERNMENTAL ENTITY, EDUCATION CORPORATION,
NOT-FOR-PROFIT CORPORATION, OR CHARITABLE TRUST.
  (B) "ACCESSIONING" MEANS THE PLACEMENT OF  AN  ITEM  INTO  A  MUSEUM'S
COLLECTION  AND ON ITS COLLECTION REGISTER FOLLOWING PROCEDURES THAT ARE
SET FORTH IN THE  MUSEUM'S  COLLECTION  MANAGEMENT  POLICY  AND  MISSION
STATEMENT.
  (C)  "DEACCESSIONING"  MEANS  THE  REMOVAL  OF AN ITEM FROM A MUSEUM'S
COLLECTION AND ITS COLLECTION REGISTER FOLLOWING PROCEDURES THAT ARE SET
FORTH IN THE MUSEUM'S COLLECTION MANAGEMENT POLICY AND  CONSISTENT  WITH
ITS MISSION STATEMENT.
  (D)  "DISPOSAL" MEANS THE REMOVAL OF AN ITEM FROM A MUSEUM'S OWNERSHIP
BY MEANS OF ITS SALE, DESTRUCTION, TRANSFER, LEASE, GIFT  OR  ANY  OTHER
MEANS.
  (E)  "MISSION  STATEMENT"  MEANS  A STATEMENT APPROVED BY THE MUSEUM'S
GOVERNING BODY, WHICH IS MODELED ON, DERIVED FROM  AND  CONSISTENT  WITH
THE MUSEUM'S CORPORATE PURPOSES AS SET FORTH IN ITS CHARTER, CERTIFICATE
OF  INCORPORATION  OR  OTHER  ORGANIZING  DOCUMENT  THAT  IDENTIFIES ITS
PURPOSES, BENEFITS, ACTIVITIES AND PRACTICES.
  (F) "COLLECTION MANAGEMENT POLICY" MEANS A STATEMENT APPROVED  BY  THE
MUSEUM'S GOVERNING BODY AND ADMINISTERED BY ITS BOARD, OFFICERS, EMPLOY-
EES,  AND  CONSULTANTS WHICH INCLUDES ALL POLICIES AND PRACTICES RELATED
TO THE PRESERVATION, ACCESSIBILITY, AND USE OF THE MUSEUM'S  COLLECTIONS
AND  ASSOCIATED  DATA,  INCLUDING LOAN MANAGEMENT, COLLECTION GROWTH AND
REFINEMENT; METHODS OF ACCESSIONING, DEACCESSIONING, AND DISPOSAL; PLAN-
NING AND ESTABLISHING COLLECTION PRIORITIES; OBTAINING, ALLOCATING,  AND
MANAGING  RESOURCES, COORDINATING COLLECTION PROCESSES WITH THE NEEDS OF
CURATION, PRESERVATION, COLLECTION USE; AND A PUBLIC REGISTER OF  ACCES-
SIONED  ITEMS, WHICH IS MODELED ON, DERIVED FROM AND CONSISTENT WITH THE
MUSEUM'S MISSION STATEMENT.
  (G) "COLLECTION" MEANS THE TANGIBLE OR  INTANGIBLE  THINGS  OWNED  AND
ACCESSIONED  BY  A MUSEUM, INCLUDING THINGS THAT ARE GENERATED BY VIDEO,
COMPUTER OR SIMILAR MEANS OF PROJECTION AND DISPLAY, INCLUDING CONCEPTS,
THAT HAVE INTRINSIC HISTORICAL, ARTISTIC, CULTURAL, SCIENTIFIC,  NATURAL
HISTORY OR OTHER VALUE.
  (H) "ITEM" MEANS AN INDIVIDUAL ELEMENT OF A COLLECTION.
  (I)  "REFINEMENT" MEANS CHANGING THE ITEMS IN A MUSEUM'S COLLECTION IN
ORDER TO FULFILL ITS MISSION STATEMENT AND COLLECTIONS MANAGEMENT  POLI-
CY.

S. 4584                             3

  2.  EACH  MUSEUM SHALL DEVELOP, ADOPT AND PUBLISH A COLLECTION MANAGE-
MENT POLICY AND A MISSION STATEMENT. EACH MUSEUM SHALL BE BOUND  BY  ITS
COLLECTION MANAGEMENT POLICY AND ITS MISSION STATEMENT.
  3.  A  MUSEUM  MUST  ACCESSION  ALL  ITEMS  IN ITS POSSESSION THAT ARE
CONSISTENT WITH ITS MISSION STATEMENT AND COLLECTION MANAGEMENT POLICY.
  4. EACH MUSEUM SHALL  PUBLISH  A  REGISTER  OF  THE  CONTENTS  OF  ITS
COLLECTION.
  5.  NO MUSEUM MAY DISPOSE OF AN ITEM OR ITEMS IN ITS COLLECTION EXCEPT
AS  SET  FORTH  IN  THIS  STATUTE  AND  IN  ITS  MISSION  STATEMENT  AND
COLLECTIONS  MANAGEMENT POLICY AND NOT UNTIL THE ITEM OR ITEMS HAVE BEEN
DEACCESSIONED.
  6. PROCEEDS FROM DISPOSAL OF AN ITEM IN ITS COLLECTION SHALL  ONLY  BE
USED FOR PURPOSES SET FORTH IN THIS STATUTE.
  7.  NO  ITEM IN A MUSEUM'S COLLECTION MAY BE USED AS COLLATERAL OR MAY
BE CAPITALIZED.
  8. A MUSEUM MAY DEACCESSION AN ITEM IN ITS COLLECTION ONLY IF  ONE  OR
MORE OF THE FOLLOWING CRITERIA HAVE BEEN MET:
  (A)  THE  ITEM  IS  INCONSISTENT WITH THE MISSION OF THE MUSEUM AS SET
FORTH IN ITS MISSION STATEMENT;
  (B) THE ITEM HAS FAILED TO RETAIN ITS IDENTITY;
  (C) THE ITEM IS REDUNDANT;
  (D) THE ITEM'S PRESERVATION AND  CONSERVATION  NEEDS  ARE  BEYOND  THE
CAPACITY OF THE MUSEUM TO PROVIDE;
  (E)  THE ITEM IS DEACCESSIONED TO ACCOMPLISH REFINEMENT OF COLLECTIONS
AS REQUIRED BY AND/OR STATED IN ITS COLLECTION MANAGEMENT POLICY;
  (F) IT HAS BEEN ESTABLISHED THAT THE ITEM IS INAUTHENTIC;
  (G) THE MUSEUM IS REPATRIATING THE ITEM OR RETURNING THE ITEM  TO  ITS
RIGHTFUL OWNER;
  (H)  THE  MUSEUM  IS  RETURNING  THE ITEM TO THE DONOR, OR THE DONOR'S
HEIRS OR ASSIGNS, TO FULFILL DONOR RESTRICTIONS  RELATING  TO  THE  ITEM
WHICH THE MUSEUM IS NO LONGER ABLE TO MEET;
  (I) THE ITEM PRESENTS A HAZARD TO PEOPLE OR OTHER COLLECTION ITEMS.
  9.  ANY  MUSEUM  DISPOSING OF AN ITEM MUST MAKE A GOOD FAITH EFFORT TO
SELL OR TRANSFER SUCH ITEM TO ANOTHER MUSEUM IN NEW YORK STATE. IF  SUCH
SALE  OR TRANSFER CANNOT BE ACCOMPLISHED A MUSEUM MUST MAKE A GOOD FAITH
EFFORT TO SELL OR TRANSFER SUCH ITEM TO ANOTHER PUBLIC MUSEUM.
  10. PROCEEDS FROM THE DISPOSAL OF AN ITEM OR  ITEMS  FROM  A  MUSEUM'S
COLLECTION  MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM OR ITEMS FOR
THE MUSEUM'S COLLECTION AND/OR FOR THE PRESERVATION, PROTECTION OR  CARE
OF  AN  ITEM  OR  ITEMS  IN  THE COLLECTION. IN NO EVENT, HOWEVER, SHALL
PROCEEDS DERIVED FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM  A  MUSEUM'S
COLLECTION  BE  USED  FOR  TRADITIONAL AND CUSTOMARY OPERATING EXPENSES.
NOTHING IN THIS SECTION SHALL LIMIT THE ABILITY OF A MUSEUM TO SET  MORE
RESTRICTIVE  POLICIES  RELATING  TO  THE USE OF PROCEEDS FROM A DISPOSED
ITEM.
  11. THE BOARD OF REGENTS SHALL ADOPT RULES OR REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 3. The board of regents is hereby authorized and directed to consid-
er and make recommendations concerning whether  museums  should  include
buildings  in  their  collection.  Such  study shall include, but not be
limited to:
  (a) The reasons  for  the  inclusion  of  a  building  in  a  museum's
collection;
  (b)  Criteria  for  determining  when  it  is permissible to include a
building in a museum's collection;

S. 4584                             4

  (c) Whether funds from the sale of disposed items can be used to  care
for the physical well-being of the structure and if so what limitations,
if any, should there be.
  The  regents  shall  submit  a  copy of the study to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairperson of the senate higher education committee and the chairperson
of the assembly higher education committee no later than six months from
the effective date of this act.
  S  4. Paragraph (a) of subdivision 5 of section 233-a of the education
law is REPEALED and a new paragraph (a) is added to read as follows:
  (A) PROCEEDS FROM THE DISPOSAL OF AN ITEM OR  ITEMS  FROM  A  MUSEUM'S
COLLECTION  MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM OR ITEMS FOR
THE MUSEUM'S COLLECTION AND/OR FOR THE PRESERVATION, PROTECTION OR  CARE
OF  AN  ITEM  OR  ITEMS  IN  THE COLLECTION. IN NO EVENT, HOWEVER, SHALL
PROCEEDS DERIVED FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM  A  MUSEUM'S
COLLECTION  BE  USED  FOR  TRADITIONAL AND CUSTOMARY OPERATING EXPENSES.
NOTHING IN THIS SECTION SHALL LIMIT THE ABILITY OF A MUSEUM TO SET  MORE
RESTRICTIVE  POLICIES  RELATING  TO  THE USE OF PROCEEDS FROM A DISPOSED
ITEM.
  S 5. Subdivision 5 of section 233-aa of the education law is  REPEALED
and a new subdivision 5 is added to read as follows:
  5.  PROCEEDS  FROM  THE  DISPOSAL  OF AN ITEM OR ITEMS FROM A MUSEUM'S
COLLECTION MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM OR ITEMS  FOR
THE  MUSEUM'S COLLECTION AND/OR FOR THE PRESERVATION, PROTECTION OR CARE
OF AN ITEM OR ITEMS IN THE  COLLECTION.  IN  NO  EVENT,  HOWEVER,  SHALL
PROCEEDS  DERIVED  FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM A MUSEUM'S
COLLECTION BE USED FOR TRADITIONAL  AND  CUSTOMARY  OPERATING  EXPENSES.
NOTHING  IN THIS SECTION SHALL LIMIT THE ABILITY OF A MUSEUM TO SET MORE
RESTRICTIVE POLICIES RELATING TO THE USE OF  PROCEEDS  FROM  A  DISPOSED
ITEM.
  S 6. This act shall take effect immediately.

co-Sponsors

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2009-S4584A (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Add §233-aaa, rpld & add §233-a sub 5 ¶(a), §233-aa sub 5, Ed L

2009-S4584A (ACTIVE) - Summary

Relates to the accessioning and deaccessioning of museum property.

2009-S4584A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4584A

 TITLE OF BILL :
An act to amend the education law, in relation to the deaccessioning
of property by collecting institutions; and to repeal certain
provisions of such law relating thereto


 PURPOSE :
To create rules for deaccessioning of items in a collecting
institution's collection and to regulate the use of funds from
disposed items.

 SUMMARY OF PROVISIONS :
*Requires each collecting institution to adopt and publish a binding
collection management policy and mission statement. Nothing in the
bill would prevent institutions from changing or amending their
policies, which they currently have the ability to do.

*Each collecting institution shall accession all items in its
possession that are consistent with its mission statement and
collection management policy. This bill emphasizes the fact that
institutions are required to accession only those items that are
consistent with its mission.

*Collecting institutions must publish a register of all items in their

collection. They will have three years place on the register items
already in their collection. However all items acquired after the
effective date of this bill must be placed on the register
immediately.

*Items may only be deaccessioned if certain criteria have been met;
either that the item is inconsistent with the mission of the
collecting institution, the item has failed to retain its identity,
the item is redundant, the item's preservation and conservations needs
are beyond the capacity of the collecting institution to provide, or
the deaccession of the item refines the collection per its collection
management policy.

*This bill directs the Board of Regents to create a website on which
institutions are required to post items they are deaccessioning.

*Proceeds from the disposal of deaccessioned items may be used for the
acquisition of another item for the collecting institution's
collection, and/or for the preservation and protection of an item in
the collection, proceeds may never be used for customary operating
expenses.

*While this bill bans the use of an item for future collateral
agreements it does not interfere with collateral agreements already in
effect.

*The Board of Regents will have the authority to enforce the
provisions of this law.

*Additionally, the board of regents is authorized to study and report
to the Governor whether or not collecting institutions should include
buildings in their collection. The Regents will be required to consult
with

 JUSTIFICATION :
The State of New York has the finest collecting institutions in the
world, giving the people of the State and visitors an unequaled
opportunity to experience the world's cultural, artistic, historical,
natural history and scientific heritage. These collecting institutions
exist across the state, range in size from the smallest to the largest
institutions in the world, and are all creatures of state government.
Some are directly chartered by the Legislature, and some by the Board
of Regents, but all are subject to the public interest as set forth in
law, regulation, charter requirement, and sound collecting institution
practice as set forth by collecting institution associations and
accreditation organizations. This legislation is intended to assure
and enhance the continuing interest of collecting institutions in
abiding by and protecting the public interest. It should be noted that
just because an institution owns items does not mean those items are
part of a collection that would be covered by this legislation. Items
only become part of a collection when they are accessioned by an
institution.  And they are only required to be accessioned when they
fulfill the mission of the institution as laid out in its mission
statement.

There is a need for clarification and standards with respect to the
ways collecting institutions acquire, hold, and dispose of property,
especially property that is part of their collections. The need for
such improvement in state policy and practice is of longstanding
concern, but has been highlighted by the recent and widely discussed
increase in financial pressure on cultural institutions. There have
been attempts in New York and elsewhere to monetize collecting
institution collections and the asserted use of those monies for
purposes other than the protection and expansion of collections. Such
practices are inconsistent with the interest of the people of the
State, are inconsistent with requirements of governing documents,
accreditation standards, and accepted collecting institution
practices, and, if unchecked, will permanently endanger the integrity
and existence of collecting institution collections handed to us by
earlier generations as a sacred cultural and ethical trust.

The requirements of this law are necessary to protect the cultural,
artistic, historical, scientific heritage of the state, and the public
interest, are consistent with long-standing professional standards set
forth by the collecting institution community, and are consistent with
the statutory and constitutional responsibilities of the Legislature
and the Board of Regents.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Not applicable.

 EFFECTIVE DATE :
Immediately.

2009-S4584A (ACTIVE) - Bill Text download pdf

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

                                 4584--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced by Sens. SERRANO, HASSELL-THOMPSON, KRUEGER, LITTLE, MONTGOM-
  ERY, MORAHAN, SCHNEIDERMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks  and  Recreation  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to the deaccessioning  of
  property  by collecting institutions; and to repeal certain provisions
  of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines that the state of New York has the finest  collecting  insti-
tutions  in  the  world,  giving the people of the state and visitors an
unequaled opportunity to  experience  the  world's  cultural,  artistic,
historical,  natural  history  and scientific heritage. These collecting
institutions exist across the state, range in size from the smallest  to
the  largest  institutions in the world, and are all  creatures of state
government. Some are directly chartered by the legislature, and some  by
the  board of regents, but all are subject to the public interest as set
forth in law, regulation,  charter  requirement,  and  sound  collecting
institution  practice as also set forth by collecting institutions asso-
ciations and accreditation organizations.  This legislation is  intended
to assure and enhance the continuing interest of collecting institutions
in abiding by and protecting the public interest.
  The  legislature further finds and determines that there is a need for
clarification and standards with respect to the ways  collecting  insti-
tutions acquire, hold, and dispose of property, especially property that
is  part  of  their  collections. The need for such improvement in state
policy and practice is a long-standing concern, and has been highlighted
by the recent and widely discussed increase  in  financial  pressure  on
cultural  institutions.   The legislature notes attempts in New York and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-09-9

S. 4584--A                          2

elsewhere to monetize collections and the asserted use of  those  monies
for purposes other than the protection and expansion of collections. The
legislature  further finds and determines that such practices are incon-
sistent   with the interest of the people of the state, are inconsistent
with requirements of governing documents, accreditation  standards,  and
accepted  collecting  institution  practices,  and,  if  unchecked, will
permanently endanger the integrity and existence of collecting  institu-
tion  collections  handed  to  us  by  earlier  generations as a sacred,
cultural, ethical, and public trust.
  The legislature therefore finds and declares that the requirements  of
this  law  are  necessary to protect the cultural, artistic, historical,
and scientific heritage of the  state,  and  the  public  interest,  are
consistent  with  long-standing  professional standards set forth by the
collecting institution community, and are consistent with the  statutory
and  constitutional responsibilities of the legislature and the board of
regents.
  S 2. The education law is amended by adding a new section  233-aaa  to
read as follows:
  S  233-AAA. ACCESSION AND DEACCESSION OF PROPERTY. 1. FOR THE PURPOSES
OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COLLECTING INSTITUTION" MEANS  A  MUSEUM  OR  OTHER  CULTURAL  OR
EDUCATIONAL  INSTITUTION  THAT  IS  OPERATED  BY  A GOVERNMENTAL ENTITY,
EDUCATION CORPORATION, NOT-FOR-PROFIT CORPORATION  OR  CHARITABLE  TRUST
AND  OWNS OR HOLDS COLLECTIONS, OR HAS COLLECTING AS A STATED PURPOSE IN
ITS CHARTER, CERTIFICATE OF INCORPORATION OR OTHER ORGANIZING DOCUMENTS,
OR INTENDS TO OWN OR HOLD COLLECTIONS.
  (B) "ACCESSIONING" MEANS THE PLACEMENT OF AN ITEM  INTO  A  COLLECTING
INSTITUTION'S COLLECTION AND ON ITS COLLECTION REGISTER FOLLOWING PROCE-
DURES  THAT  ARE  SET  FORTH  IN THE COLLECTING INSTITUTION'S COLLECTION
MANAGEMENT POLICY AND MISSION STATEMENT.
  (C) "DEACCESSIONING" MEANS THE REMOVAL OF AN ITEM  FROM  A  COLLECTING
INSTITUTION'S  COLLECTION  AND  ITS COLLECTION REGISTER FOLLOWING PROCE-
DURES THAT ARE SET FORTH  IN  THE  COLLECTING  INSTITUTION'S  COLLECTION
MANAGEMENT POLICY AND CONSISTENT WITH ITS MISSION STATEMENT.
  (D)  "DISPOSAL"  MEANS THE REMOVAL OF AN ITEM FROM A COLLECTING INSTI-
TUTION'S OWNERSHIP BY MEANS OF ITS SALE, DESTRUCTION,  TRANSFER,  LEASE,
GIFT OR ANY OTHER MEANS.
  (E)  "MISSION  STATEMENT" MEANS A STATEMENT APPROVED BY THE COLLECTING
INSTITUTION'S GOVERNING BODY, WHICH IS  MODELED  ON,  DERIVED  FROM  AND
CONSISTENT  WITH  THE COLLECTING INSTITUTION'S CORPORATE PURPOSES AS SET
FORTH IN ITS CHARTER, CERTIFICATE OF INCORPORATION OR  OTHER  ORGANIZING
DOCUMENT  THAT  IDENTIFIES  ITS PURPOSES, BENEFITS, ACTIVITIES AND PRAC-
TICES.
  (F) "COLLECTION MANAGEMENT POLICY" MEANS A STATEMENT APPROVED  BY  THE
COLLECTING  INSTITUTION'S  GOVERNING BODY AND ADMINISTERED BY ITS BOARD,
OFFICERS, EMPLOYEES, AND CONSULTANTS WHICH  INCLUDES  ALL  POLICIES  AND
PRACTICES  RELATED  TO  THE  PRESERVATION, ACCESSIBILITY, AND USE OF THE
COLLECTING INSTITUTION'S COLLECTIONS AND ASSOCIATED DATA, INCLUDING LOAN
MANAGEMENT, COLLECTION GROWTH AND REFINEMENT; DISCHARGE  OF  THE  PUBLIC
TRUST WITH RESPECT TO COLLECTIONS; METHODS OF ACCESSIONING, DEACCESSION-
ING,  AND  DISPOSAL;  PLANNING  AND  ESTABLISHING COLLECTION PRIORITIES;
OBTAINING, ALLOCATING, AND MANAGING RESOURCES,  COORDINATING  COLLECTION
PROCESSES  WITH THE NEEDS OF CURATION, PRESERVATION, COLLECTION USE; AND
A PUBLIC REGISTER OF ACCESSIONED ITEMS, WHICH  IS  MODELED  ON,  DERIVED
FROM AND CONSISTENT WITH THE COLLECTING INSTITUTION'S MISSION STATEMENT.

S. 4584--A                          3

  (G)  "COLLECTION"  MEANS  THE  TANGIBLE OR INTANGIBLE THINGS OWNED AND
ACCESSIONED BY A  COLLECTING  INSTITUTION,  INCLUDING  THINGS  THAT  ARE
GENERATED BY VIDEO, COMPUTER OR SIMILAR MEANS OF PROJECTION AND DISPLAY,
INCLUDING  CONCEPTS, THAT HAVE INTRINSIC HISTORICAL, ARTISTIC, CULTURAL,
SCIENTIFIC, NATURAL HISTORY OR OTHER VALUE.
  (H) "ITEM" MEANS AN INDIVIDUAL ELEMENT OF A COLLECTION.
  (I)  "REFINEMENT"  MEANS  CHANGING  THE  ITEMS  IN A COLLECTING INSTI-
TUTION'S COLLECTION IN  ORDER  TO  FULFILL  ITS  MISSION  STATEMENT  AND
COLLECTIONS MANAGEMENT POLICY.
  2.  EACH  COLLECTING  INSTITUTION  SHALL  DEVELOP, ADOPT AND PUBLISH A
COLLECTION MANAGEMENT POLICY AND A MISSION  STATEMENT.  EACH  COLLECTING
INSTITUTION  SHALL  BE BOUND BY ITS COLLECTION MANAGEMENT POLICY AND ITS
MISSION STATEMENT.
  3. A COLLECTING INSTITUTION MUST ACCESSION ALL ITEMS IN ITS POSSESSION
THAT ARE CONSISTENT WITH ITS MISSION STATEMENT AND COLLECTION MANAGEMENT
POLICY.
  4. EACH COLLECTING INSTITUTION SHALL PUBLISH A REGISTER  OF  ITEMS  IN
ITS  COLLECTION.  SUCH REGISTER SHALL BE PUBLISHED WITHIN THREE YEARS OF
THE EFFECTIVE DATE OF THIS SECTION. THE BOARD OF REGENTS MAY EXTEND  THE
DEADLINE AFTER GOOD CAUSE HAS BEEN SHOWN. NOTWITHSTANDING THE FOREGOING,
AS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ALL COLLECTING INSTITUTIONS
SHALL PUBLISH A REGISTER OF NEWLY ACCESSIONED  OR  DEACCESSIONED  ITEMS.
ANY  REGULATIONS  PROMULGATED  BY  THE  REGENTS SHALL INCLUDE REASONABLE
STANDARDS AND REQUIREMENTS FOR SUCH REGISTER WHICH SHALL INCLUDE THE USE
OF CLASSES OF ITEMS WHERE THE  INDIVIDUAL  LISTING  OF  ITEMS  WOULD  BE
BURDENSOME.
  5.  NO  COLLECTING  INSTITUTION MAY DISPOSE OF AN ITEM OR ITEMS IN ITS
COLLECTION EXCEPT AS SET FORTH IN THIS STATUTE AND IN ITS MISSION STATE-
MENT AND COLLECTIONS MANAGEMENT POLICY AND NOT UNTIL THE ITEM  OR  ITEMS
HAVE BEEN DEACCESSIONED.
  6.  PROCEEDS  FROM DISPOSAL OF AN ITEM SHALL ONLY BE USED FOR PURPOSES
SET FORTH IN THIS STATUTE.
  7. NO ITEM IN A COLLECTING INSTITUTION'S COLLECTION  MAY  BE  USED  AS
COLLATERAL  OR  MAY BE CAPITALIZED. NOTHING IN THIS SECTION SHALL AFFECT
ANY COLLATERALIZATION OR CAPITALIZATION AGREEMENT,  ENTERED  INTO  BY  A
COLLECTING  INSTITUTION  IN  EXISTENCE  FOR  OVER SEVENTY-FIVE YEARS AND
WHOSE CERTIFICATE OF INCORPORATION, AS AMENDED, HAS BEEN FILED WITH  THE
SECRETARY  OF  STATE, THAT IS ALREADY IN EFFECT OR PREVENT ITEMS PLEDGED
AS COLLATERAL OR CAPITALIZED ON THE EFFECTIVE DATE OF  THIS  SECTION  TO
CONTINUE  TO  BE  USED  AS  COLLATERAL OR CAPITALIZED AT ANY TIME IN THE
FUTURE PROVIDING THAT THE ITEMS REMAIN IN THE POSSESSION OF THE COLLECT-
ING INSTITUTION EXCEPT THAT  NOTHING  HEREIN  SHALL  IMPAIR  A  LENDER'S
RIGHTS  UNDER  A COLLATERALIZATION AGREEMENT TO FORECLOSE ON THE COLLAT-
ERAL UNDER THE TERMS OF THE AGREEMENT. THE EXISTENCE OF ANY COLLATERALI-
ZATION OR CAPITALIZATION AGREEMENT SHALL BE DISCLOSED TO THE DEPARTMENT.
  8. A COLLECTING INSTITUTION MAY DEACCESSION AN ITEM IN ITS  COLLECTION
ONLY IF ONE OR MORE OF THE FOLLOWING CRITERIA HAVE BEEN MET:
  (A) THE ITEM IS INCONSISTENT WITH THE MISSION OF THE COLLECTING INSTI-
TUTION AS SET FORTH IN ITS MISSION STATEMENT;
  (B) THE ITEM HAS FAILED TO RETAIN ITS IDENTITY;
  (C) THE ITEM IS REDUNDANT;
  (D)  THE  ITEM'S  PRESERVATION  AND  CONSERVATION NEEDS ARE BEYOND THE
CAPACITY OF THE COLLECTING INSTITUTION TO PROVIDE;
  (E) THE ITEM IS DEACCESSIONED TO ACCOMPLISH REFINEMENT OF  COLLECTIONS
AS REQUIRED BY AND/OR STATED IN ITS COLLECTION MANAGEMENT POLICY;
  (F) IT HAS BEEN ESTABLISHED THAT THE ITEM IS INAUTHENTIC;

S. 4584--A                          4

  (G)  THE  COLLECTING INSTITUTION IS REPATRIATING THE ITEM OR RETURNING
THE ITEM TO ITS RIGHTFUL OWNER;
  (H)  THE COLLECTING INSTITUTION IS RETURNING THE ITEM TO THE DONOR, OR
THE DONOR'S HEIRS OR ASSIGNS, TO FULFILL DONOR RESTRICTIONS RELATING  TO
THE ITEM WHICH THE COLLECTING INSTITUTION IS NO LONGER ABLE TO MEET;
  (I) THE ITEM PRESENTS A HAZARD TO PEOPLE OR OTHER COLLECTION ITEMS.
  9.  THE  BOARD  OF  REGENTS IS DIRECTED TO CREATE A STATEWIDE REGISTER
AVAILABLE ON THE INTERNET FOR THE PURPOSES OF COLLECTING  AND  PROVIDING
PUBLIC INFORMATION ABOUT DEACCESSIONING, WHICH SHALL INCLUDE THE ABILITY
OF  A  COLLECTING  INSTITUTION  TO  LIST AN ITEM FOR ACTUAL OR POTENTIAL
DEACCESSIONING.
  10. (A) PROCEEDS FROM THE DISPOSAL OF AN ITEM OR ITEMS MAY BE USED FOR
THE ACQUISITION OF ANOTHER ITEM OR ITEMS FOR THE COLLECTION  AND/OR  FOR
THE  PRESERVATION,  PROTECTION  OR  CARE  OF  AN  ITEM  OR  ITEMS IN THE
COLLECTION. IN NO  EVENT,  HOWEVER,  SHALL  PROCEEDS  DERIVED  FROM  THE
DISPOSAL  OF  AN ITEM OR ITEMS FROM A COLLECTION BE USED FOR TRADITIONAL
AND CUSTOMARY OPERATING EXPENSES.  NOTHING IN THIS SECTION  SHALL  LIMIT
THE ABILITY OF A COLLECTING INSTITUTION TO SET MORE RESTRICTIVE POLICIES
RELATING TO THE USE OF PROCEEDS FROM A DISPOSED ITEM.
  (B)  A  GOVERNMENTAL  ENTITY  OPERATING A COLLECTING INSTITUTION SHALL
ESTABLISH A COLLECTION RESERVE FUND. PROCEEDS RECEIVED FROM THE SALE  OF
A  DISPOSED ITEM SHALL BE USED TO PAY OFF ANY REMAINING DEBT INCURRED IN
THE PURCHASE OF THE DEACCESSIONED ITEM THAT WAS SOLD. ANY MONEYS REMAIN-
ING AFTER THE PAYMENT OF SUCH DEBT SHALL BE  PAID  INTO  THE  COLLECTION
RESERVE  FUND  AND SHALL BE DEPOSITED AND SECURED IN THE MANNER PROVIDED
BY SECTION TEN OF THE GENERAL MUNICIPAL LAW. THE GOVERNMENTAL COLLECTING
INSTITUTION MAY USE MONEYS FROM THE COLLECTION RESERVE FUND ONLY FOR THE
PURPOSES AUTHORIZED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  11. THE BOARD OF REGENTS SHALL ADOPT RULES OR REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 3. The board of  regents  is  hereby  authorized  and  directed,  in
consultation  with  groups  and  individuals  who  have expertise in the
field, to consider and make recommendations concerning whether  collect-
ing  institutions  should  include  buildings  in their collection. Such
study shall include, but not be limited to:
  (a) The reasons for the inclusion of a building in a collecting insti-
tution's collection;
  (b) Criteria for determining when  it  is  permissible  to  include  a
building in a collecting institution's collection;
  (c)  Whether funds from the sale of disposed items can be used to care
for the physical well-being of the structure and if so what limitations,
if any, should there be.
  The regents shall submit a copy of the  study  to  the  governor,  the
temporary  president  of  the  senate,  the speaker of the assembly, the
chairperson of the senate higher education committee and the chairperson
of the assembly higher education committee no later than six months from
the effective date of this act.
  S 4. Paragraph (a) of subdivision 5 of section 233-a of the  education
law is REPEALED and a new paragraph (a) is added to read as follows:
  (A)  PROCEEDS  FROM THE DISPOSAL OF AN ITEM OR ITEMS FROM A COLLECTING
INSTITUTION'S COLLECTION MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM
OR ITEMS FOR THE COLLECTING  INSTITUTION'S  COLLECTION  AND/OR  FOR  THE
PRESERVATION,  PROTECTION OR CARE OF AN ITEM OR ITEMS IN THE COLLECTION.
IN NO EVENT, HOWEVER, SHALL PROCEEDS DERIVED FROM  THE  DISPOSAL  OF  AN
ITEM  OR  ITEMS  FROM  A COLLECTING INSTITUTION'S COLLECTION BE USED FOR
TRADITIONAL AND CUSTOMARY OPERATING EXPENSES. NOTHING  IN  THIS  SECTION

S. 4584--A                          5

SHALL LIMIT THE ABILITY OF A COLLECTING INSTITUTION TO SET MORE RESTRIC-
TIVE POLICIES RELATING TO THE USE OF PROCEEDS FROM A DISPOSED ITEM.
  S  5. Subdivision 5 of section 233-aa of the education law is REPEALED
and a new subdivision 5 is added to read as follows:
  5. PROCEEDS FROM THE DISPOSAL OF AN ITEM OR ITEMS  FROM  A  COLLECTING
INSTITUTION'S COLLECTION MAY BE USED FOR THE ACQUISITION OF ANOTHER ITEM
OR  ITEMS  FOR  THE  COLLECTION  AND/OR FOR THE PRESERVATION, PROTECTION
COLLECTING INSTITUTION'S OR CARE OF AN ITEM OR ITEMS IN THE  COLLECTION.
IN  NO  EVENT,  HOWEVER,  SHALL PROCEEDS DERIVED FROM THE DISPOSAL OF AN
ITEM OR ITEMS FROM A COLLECTING INSTITUTION'S  COLLECTION  BE  USED  FOR
TRADITIONAL  AND  CUSTOMARY  OPERATING EXPENSES. NOTHING IN THIS SECTION
SHALL LIMIT THE ABILITY OF A COLLECTING INSTITUTION TO SET MORE RESTRIC-
TIVE POLICIES RELATING TO THE USE OF PROCEEDS FROM A DISPOSED ITEM.
  S 6. This act shall take effect immediately.

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Senate Bill S4584

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2009-S4584 - Details

2009-S4584 - Summary

2009-S4584 - Sponsor Memo

2009-S4584 - Bill Text download pdf

co-Sponsors

2009-S4584A (ACTIVE) - Details

2009-S4584A (ACTIVE) - Summary

2009-S4584A (ACTIVE) - Sponsor Memo

2009-S4584A (ACTIVE) - Bill Text download pdf

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Senate Bill S4584

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Sponsored By

Archive: Last Bill Status - Stricken

Bill Amendments

co-Sponsors

2009-S4584 - Details

2009-S4584 - Summary

2009-S4584 - Sponsor Memo

2009-S4584 - Bill Text download pdf

co-Sponsors

2009-S4584A (ACTIVE) - Details

2009-S4584A (ACTIVE) - Summary

2009-S4584A (ACTIVE) - Sponsor Memo

2009-S4584A (ACTIVE) - Bill Text download pdf

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