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