S T A T E O F N E W Y O R K
________________________________________________________________________
3583
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the arts and cultural affairs law, in relation to the
American Museum of Natural History Planetarium Authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 4 of section 59.03 of the arts and
cultural affairs law are amended to read as follows:
1. The term ["authority"] "PLANETARIUM AUTHORITY" shall mean the
corporation created by section 59.05 of this chapter;
4. The term "board" shall mean the members of the [authority] BOARD OF
DIRECTORS OF THE PLANETARIUM AUTHORITY.
S 2. Section 59.05 of the arts and cultural affairs law is amended to
read as follows:
S 59.05. The American Museum of Natural History Planetarium Authority.
The trustees of The American Museum of Natural History, a corporation
created by chapter one hundred and nineteen of the laws of eighteen
hundred sixty-nine, and their successors in such office [are] SHALL
APPOINT NO LESS THAN THREE NOR MORE THAN FIVE INDIVIDUALS TO SERVE AS
MEMBERS OF THE BOARD OF DIRECTORS OF THE PLANETARIUM AUTHORITY FOR TERMS
OF ONE TO THREE YEARS (AS DETERMINED BY THE TRUSTEES OF THE AMERICAN
MUSEUM OF NATURAL HISTORY), AND WHICH IS hereby continued as a body
corporate by the name of "The American Museum of Natural History Plane-
tarium Authority," to be located in the city of New York, for the
purpose of establishing and maintaining in such city a planetarium upon
a site provided by the authorities of such city adjacent to The American
Museum of Natural History in such city; of encouraging and developing
the study of astronomical science; of advancing the general knowledge of
kindred subjects, and to that end, of furnishing popular instruction.
Such authority shall constitute a public benefit corporation.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10147-01-9
S. 3583 2
EACH MEMBER OF THE BOARD OF THE PLANETARIUM AUTHORITY SHALL BE INDE-
PENDENT OF THE PLANETARIUM AUTHORITY AND OF THE AMERICAN MUSEUM OF
NATURAL HISTORY AS DESCRIBED IN THE PUBLIC AUTHORITIES LAW; AND THE
AMERICAN MUSEUM OF NATURAL HISTORY SHALL NOT BE CONSIDERED AN AFFILIATE
OF THE PLANETARIUM AUTHORITY.
[The president of the authority shall be the president of The American
Museum of Natural History.] THE BOARD OF THE PLANETARIUM AUTHORITY MAY
APPOINT AN EXECUTIVE DIRECTOR. The members of the [authority] BOARD AND
THE EXECUTIVE DIRECTOR OF THE PLANETARIUM AUTHORITY SHALL SERVE PRO BONO
AND shall be entitled to no compensation for their services [but shall
be entitled to] OR reimbursement for [all] expenses incurred or to be
incurred in connection with the planetarium hereby authorized. [Nine
members of the authority, or, if nine be more than a majority of all of
the members then in office, a] A majority of the members of the [author-
ity,] BOARD OF THE PLANETARIUM AUTHORITY shall constitute a quorum at
any meeting of the board, and a majority of the members present at a
meeting of the board at which there is a quorum may exercise the powers
of the authority. The [authority] BOARD OF THE PLANETARIUM AUTHORITY
may delegate to one or more of its members or to its officers, [agents
and employees,] ANY such powers and duties as it may deem proper. THE
PLANETARIUM AUTHORITY SHALL CONTINUE THE LEASE WITH THE AMERICAN MUSEUM
OF NATURAL HISTORY FOR THE EXCLUSIVE OCCUPANCY, OPERATION AND USE OF THE
PLANETARIUM BY THE AMERICAN MUSEUM OF NATURAL HISTORY FOR THE PURPOSE OF
CARRYING OUT THE PURPOSES SET FORTH ABOVE AND RELATED PURPOSES, ALL UPON
THE OBLIGATION OF THE AMERICAN MUSEUM OF NATURAL HISTORY TO KEEP THE
PLANETARIUM IN REASONABLE REPAIR, AND TO MAINTAIN AND OPERATE THE PLANE-
TARIUM, WHICH LEASE MAY BE OF INDEFINITE DURATION TERMINABLE ONLY UPON
SURRENDER OF THE LEASE BY THE DIRECTION AND AUTHORIZATION OF THE BOARD
OF TRUSTEES OF THE AMERICAN MUSEUM OF NATURAL HISTORY.
The existence of the [authority] PLANETARIUM AUTHORITY shall continue
[only for a period of five years and thereafter] until DISSOLVED BY ITS
BOARD, PROVIDED THAT all its liabilities have been met and its bonds
have been paid in full or such liabilities or bonds have [otherwise]
been discharged AND PROVIDED FURTHER THAT THE PLANETARIUM AUTHORITY'S
LEASE TO THE AMERICAN MUSEUM OF NATURAL HISTORY SHALL HAVE BEEN SURREN-
DERED BY THE AMERICAN MUSEUM OF NATURAL HISTORY. NOTWITHSTANDING THE
FOREGOING, THE PLANETARIUM AUTHORITY SHALL BE DISSOLVED WHEN THE AMERI-
CAN MUSEUM OF NATURAL HISTORY SURRENDERS ITS LEASE OF THE PLANETARIUM TO
THE PLANETARIUM AUTHORITY, PROVIDED THAT ALL ITS LIABILITIES HAVE BEEN
MET AND ITS BONDS HAVE BEEN PAID IN FULL OR SUCH LIABILITIES OR BONDS
HAVE BEEN DISCHARGED OR ASSUMED BY THE AMERICAN MUSEUM OF NATURAL HISTO-
RY. Upon its ceasing to exist, all of its real property shall pass to
the city of New York and all of its personal property shall pass to The
American Museum of Natural History for its corporate purposes. Thereup-
on, such real property shall be maintained and operated in the same
manner and subject to the same provisions, restrictions and authorities
and by the same corporation as the other property of the city of New
York which is now occupied by The American Museum of Natural History.
S 3. Section 59.07 of the arts and cultural affairs law is amended to
read as follows:
S 59.07. Powers of the [authority] PLANETARIUM AUTHORITY. The
[authority] PLANETARIUM AUTHORITY shall have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes;
S. 3583 3
4. To make by-laws for the management and regulation of its affairs;
5. [With the consent of The American Museum of Natural History, to] TO
use the agents, employees and facilities of [said] The American Museum
of Natural History, paying its proper proportion of the compensation or
cost;
6. To appoint officers[,] AND agents [and employees and fix their
compensation];
7. To make contracts and to execute all instruments necessary or
convenient;
8. By contract or contracts or by its own employees, to construct such
planetarium building, together with incidental machinery, equipment and
facilities;
9. To purchase or construct, or acquire by gift, loan or otherwise
from The American Museum of Natural History or other persons or corpo-
rations, and install in such planetarium building, a planetarium instru-
ment or instruments and such other astronomical instruments and exhibits
as to such board shall seem best adapted for astronomical instruction;
10. To maintain, reconstruct and operate the planetarium;
11. To charge OR GRANT TO THE AMERICAN MUSEUM OF NATURAL HISTORY IN
THE LEASE THE RIGHT TO CHARGE admission fees for exhibiting the plane-
tarium or some part or parts thereof, subject to and in accordance with
section 59.09 of this title and such agreements with bondholders as may
be made as hereinafter provided;
12. To issue negotiable bonds and to provide for the rights of the
holders thereof; and
13. To do all things necessary or convenient to carry out the powers
expressly given by this title.
S 4. Section 59.09 of the arts and cultural affairs law is amended to
read as follows:
S 59.09. Admission fees. In order that the educational influence of
the planetarium shall reach as many persons as possible, the board shall
not fix admission fees, at rates higher than are necessary to pay the
cost of construction, operation, maintenance and repair of the planetar-
ium and instruction in connection therewith, AND RESERVES THEREFOR, and
to pay the principal of and interest on any bonds issued hereunder, and
to meet the reserves and sinking funds provided for in any resolution
authorizing such bonds. Classes from the public schools and colleges of
the city of New York shall be admitted to the planetarium [without
charge] at such times and upon such days of the week and under such
reasonable rules and regulations as the board shall prescribe.
S 5. Section 59.11 of the arts and cultural affairs law is amended to
read as follows:
S 59.11. Moneys of the [authority] PLANETARIUM AUTHORITY. The moneys
in the deposit account of the [authority] PLANETARIUM AUTHORITY shall be
paid out on checks signed by the [president] EXECUTIVE DIRECTOR of the
[authority] PLANETARIUM AUTHORITY or by such other person or persons as
the [authority] PLANETARIUM AUTHORITY may authorize. All deposits of
such moneys shall, if required by the [authority] PLANETARIUM AUTHORITY,
be secured by obligations of the United States or the state of New York,
of a market value equal at all times to the amount of the deposit and
all banks and trust companies are authorized to give such security for
such deposits. The comptroller of the city of New York and his legally
authorized representatives are hereby authorized and empowered from time
to time to examine the accounts and books of the [authority] PLANETARIUM
AUTHORITY, including its receipts, disbursements, contracts, sinking
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funds, investments and any other matters relating to its financial
standing.
S 6. The section heading and subdivisions 1, 3 and 6 of section 59.13
of the arts and cultural affairs law are amended to read as follows:
Bonds of the [authority] PLANETARIUM AUTHORITY. 1. [The authority]
SUBJECT TO THE CONSENT OF THE AMERICAN MUSEUM OF NATURAL HISTORY, THE
PLANETARIUM AUTHORITY shall have power and is hereby authorized from
time to time to issue its negotiable bonds in conformity with applicable
provisions of the uniform commercial code in the aggregate principal
amount of not exceeding one million dollars. The [authority] PLANETARIUM
AUTHORITY shall have power from time to time to refund any bonds by the
issuance of new bonds, whether the bonds to be refunded have or have not
matured, and may issue bonds partly to refund bonds then outstanding and
partly for any other corporate purpose. In computing the total amount of
bonds of the [authority] PLANETARIUM AUTHORITY which may at any time be
outstanding the amount of the outstanding bonds to be refunded from the
proceeds of the sale of new bonds or by exchange for new bonds shall be
excluded.
3. Such bonds may be issued for any corporate purposes of the [author-
ity] PLANETARIUM AUTHORITY.
6. The [authority] PLANETARIUM AUTHORITY shall have power out of any
funds available therefor to purchase any bonds issued by it at a premium
of not more than four percentum and accrued interest. All bonds so
purchased shall be cancelled.
S 7. Section 59.15 of the arts and cultural affairs law is amended to
read as follows:
S 59.15. State and city not liable on bonds. The bonds and other obli-
gations of the [authority] PLANETARIUM AUTHORITY shall not be a debt of
the state of New York or city of New York and neither the state nor such
city shall be liable thereon, nor shall they be payable out of any funds
other than those of the [authority] PLANETARIUM AUTHORITY.
S 8. Subdivision 1, paragraph (a) of subdivision 2 and subdivisions 4
and 5 of section 59.21 of the arts and cultural affairs law are amended
to read as follows:
1. In the event that the [authority] PLANETARIUM AUTHORITY shall
default in the payment of principal of or interest on any of the bonds
after the same shall become due, whether at maturity or upon call for
redemption, and such default shall continue for a period of thirty days,
or in the event that the [authority] PLANETARIUM AUTHORITY shall fail or
refuse to comply with the provisions of this title, or shall default in
any agreement made with the holders of the bonds, the holders of twen-
ty-five percentum in aggregate principal amount of the bonds then
outstanding by instrument or instruments filed in the office of the
clerk of the county of New York and proved or acknowledged in the same
manner as a deed to be recorded may appoint a trustee to represent the
bondholders for the purposes herein provided;
(a) By suit, action or special proceeding enforce all rights of the
bondholders, including the right to require the [authority] PLANETARIUM
AUTHORITY and the board to collect admission fees adequate to carry out
any agreement as to, or pledge of, such admission fees, and to require
the [authority] PLANETARIUM AUTHORITY and the board to carry out any
other agreements with the bondholders and to perform its and their
duties under this title;
4. Before declaring the principal of all bonds due and payable the
trustee shall first give thirty days' notice in writing to the [authori-
ty] PLANETARIUM AUTHORITY.
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5. Any such trustee, whether or not all bonds have been declared due
and payable, shall be entitled as of right to the appointment of a
receiver who may enter and take possession of the planetarium or any
part or parts thereof and operate and maintain the same and collect and
receive all admission fees and other revenues thereafter arising there-
from in the same manner as the [authority] PLANETARIUM AUTHORITY itself
might do and shall deposit all such moneys in a separate account and
apply the same in such manner as the court shall direct. In any suit,
action or proceeding by the trustee the fees, counsel fees and expenses
of the trustee and of the receiver, if any, shall constitute taxable
disbursements and all costs and disbursements allowed by the court shall
be a first charge on any admission fees and other revenues derived from
the planetarium.
S 9. Section 59.23 of the arts and cultural affairs law is amended to
read as follows:
S 59.23. Members OF THE BOARD OF THE PLANETARIUM AUTHORITY and employ-
ees not to profit. No officer, member OF THE BOARD or employee of the
corporation shall receive or may be lawfully entitled to receive any
pecuniary profit from the operation thereof [except reasonable compen-
sation for services in effecting one or more of its purposes herein set
forth].
S 10. Section 59.25 of the arts and cultural affairs law is amended to
read as follows:
S 59.25. Visitation by regents. The regents, or the commissioner of
education, or their representatives, may visit, examine into and
inspect, the [authority] PLANETARIUM AUTHORITY as an institution under
the educational supervision of the state, and may require, as often as
desired, duly verified reports therefrom giving such information and in
such form as the regents or the commissioner of education shall
prescribe.
S 11. Section 59.27 of the arts and cultural affairs law is amended to
read as follows:
S 59.27. Application of law. All of the general provisions of the
public authorities law or of any other law shall apply to the [authori-
ty] PLANETARIUM AUTHORITY herein continued in the same manner as if the
language of such law had been incorporated in full into this article,
except to the extent that such provisions are inconsistent with the
provisions of this article.
S 12. This act shall take effect immediately.
