A03355 Summary:

BILL NOA03355
 
SAME ASNo Same As
 
SPONSOREnglebright (MS)
 
COSPNSRJaffee, Zebrowski
 
MLTSPNSRRaia
 
Add 233-aaa, amd 233-a, rpld & add 233-aa sub 5, Ed L
 
Relates to the accessioning and deaccessioning of museum property.
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A03355 Actions:

BILL NOA03355
 
01/29/2019referred to tourism, parks, arts and sports development
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A03355 Committee Votes:

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A03355 Floor Votes:

There are no votes for this bill in this legislative session.
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A03355 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3355
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced by M. of A. ENGLEBRIGHT, JAFFEE, ZEBROWSKI -- Multi-Sponsored
          by  --  M.  of  A.  RAIA -- read once and referred to the Committee on
          Tourism, Parks, Arts and Sports Development
 
        AN ACT to amend the education law, in relation to the deaccessioning  of
          property  by  collecting  institutions; and to repeal subdivision 5 of
          section 233-aa of such law relating to proceeds from the  deaccession-
          ing of property from museums
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
     2  determines  that  the state of New York has the finest collecting insti-
     3  tutions in the world, giving the people of the  state  and  visitors  an
     4  unequaled  opportunity  to  experience  the  world's cultural, artistic,
     5  historical, natural history and scientific  heritage.  These  collecting
     6  institutions  exist across the state, range in size from the smallest to
     7  the largest institutions in the world, and are all   creatures of  state
     8  government.  Some  are directly chartered by the legislature and some by
     9  the board of regents, but all are subject to the public interest as  set
    10  forth  in  law,  regulation,  charter  requirement  and sound collecting
    11  institution practice as also set forth by collecting institutions  asso-
    12  ciations  and  accreditation  organizations.    This  act is intended to
    13  assure and enhance the continuing interest of collecting institutions in
    14  abiding by and protecting the public interest.
    15    The legislature further finds and determines that there is a need  for
    16  clarification  and  standards with respect to the ways collecting insti-
    17  tutions acquire, hold and dispose of property, especially property  that
    18  is  part  of  their  collections. The need for such improvement in state
    19  policy and practice is a long-standing concern, and has been highlighted
    20  by the recent and widely discussed increase  in  financial  pressure  on
    21  cultural institutions.  The legislature notes attempts in this state and
    22  elsewhere  to  monetize collections and the asserted use of those monies
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07129-01-9

        A. 3355                             2
 
     1  for purposes other than the protection and expansion of collections. The
     2  legislature further finds and determines that such practices are  incon-
     3  sistent   with the interest of the people of the state, are inconsistent
     4  with  requirements  of governing documents, accreditation standards, and
     5  accepted collecting  institution  practices,  and,  if  unchecked,  will
     6  permanently  endanger the integrity and existence of collecting institu-
     7  tion collections handed to  us  by  earlier  generations  as  a  sacred,
     8  cultural, ethical and public trust.
     9    The  legislature therefore finds and declares that the requirements of
    10  this law are necessary to protect the cultural, artistic, historical and
    11  scientific heritage of the state, and the public interest, are  consist-
    12  ent  with long-standing professional standards set forth by the collect-
    13  ing institution community and are  consistent  with  the  statutory  and
    14  constitutional  responsibilities  of  the  legislature  and the board of
    15  regents.
    16    § 2. The education law is amended by adding a new section  233-aaa  to
    17  read as follows:
    18    §  233-aaa. Accession and deaccession of property. 1. For the purposes
    19  of this article the following terms shall have the following meanings:
    20    (a) "Collecting institution" means  a  museum  or  other  cultural  or
    21  educational  institution  that  is  operated  by  a governmental entity,
    22  education corporation, not-for-profit corporation  or  charitable  trust
    23  and  owns or holds collections, or has collecting as a stated purpose in
    24  its charter, certificate of incorporation or other organizing documents,
    25  or intends to own or hold collections.
    26    (b) "Accessioning" means the placement of an item  into  a  collecting
    27  institution's collection and on its collection register following proce-
    28  dures  that  are  set  forth  in the collecting institution's collection
    29  management policy and mission statement.
    30    (c) "Deaccessioning" means the removal of an item  from  a  collecting
    31  institution's  collection  and  its collection register following proce-
    32  dures that are set forth  in  the  collecting  institution's  collection
    33  management policy and consistent with its mission statement.
    34    (d)  "Disposal"  means the removal of an item from a collecting insti-
    35  tution's ownership by means of its sale, destruction,  transfer,  lease,
    36  gift or any other means.
    37    (e)  "Mission  statement" means a statement approved by the collecting
    38  institution's governing body, which is  modeled  on,  derived  from  and
    39  consistent  with  the collecting institution's corporate purposes as set
    40  forth in its charter, certificate of incorporation or  other  organizing
    41  document  that  identifies  its purposes, benefits, activities and prac-
    42  tices.
    43    (f) "Collection management policy" means a statement approved  by  the
    44  collecting  institution's  governing body and administered by its board,
    45  officers, employees and consultants  which  includes  all  policies  and
    46  practices  related  to  the  preservation,  accessibility and use of the
    47  collecting institution's collections and associated data, including loan
    48  management, collection growth and refinement; discharge  of  the  public
    49  trust with respect to collections; methods of accessioning, deaccession-
    50  ing  and  disposal;  planning  and  establishing  collection priorities;
    51  obtaining,  allocating  and   managing   resources,   and   coordinating
    52  collection  processes  with  the  needs  of  curation,  preservation and
    53  collection use; and a public register of  accessioned  items,  which  is
    54  modeled  on,  derived  from  and  consistent  with the collecting insti-
    55  tution's mission statement.

        A. 3355                             3
 
     1    (g) "Collection" means the tangible or  intangible  things  owned  and
     2  accessioned  by  a  collecting  institution,  including  things that are
     3  generated by video, computer or similar means of projection and display,
     4  including concepts, that have intrinsic historical, artistic,  cultural,
     5  scientific, natural history or other value.
     6    (h) "Item" means an individual element of a collection.
     7    (i)  "Refinement"  means  changing  the  items  in a collecting insti-
     8  tution's collection in  order  to  fulfill  its  mission  statement  and
     9  collections management policy.
    10    2.  Each  collecting  institution  shall  develop, adopt and publish a
    11  collection management policy and a mission  statement.  Each  collecting
    12  institution  shall  be bound by its collection management policy and its
    13  mission statement.
    14    3. A collecting institution must accession all items in its possession
    15  that are consistent with its mission statement and collection management
    16  policy.
    17    4. Each collecting institution shall publish a register  of  items  in
    18  its  collection.  Such register shall be published within three years of
    19  the effective date of this section. The board of regents may extend  the
    20  deadline after good cause has been shown. Notwithstanding the foregoing,
    21  as  of  the  effective date of this section, all collecting institutions
    22  shall publish a register of newly accessioned  or  deaccessioned  items.
    23  Any  regulations  promulgated  by  the  regents shall include reasonable
    24  standards and requirements for such register which shall include the use
    25  of classes of items where the  individual  listing  of  items  would  be
    26  burdensome.
    27    5.  No  collecting  institution may dispose of an item or items in its
    28  collection except as set forth in this section and in its mission state-
    29  ment and collections management policy and not until the item  or  items
    30  have been deaccessioned.
    31    6.  Proceeds  from disposal of an item shall only be used for purposes
    32  set forth in this section.
    33    7. No item in a collecting institution's collection shall be  used  as
    34  collateral  or  be capitalized. Nothing in this section shall affect any
    35  collateralization  or  capitalization  agreement,  entered  into  by   a
    36  collecting  institution  in  existence  for  over seventy-five years and
    37  whose certificate of incorporation, as amended, has been filed with  the
    38  secretary  of  state, that is already in effect or prevent items pledged
    39  as collateral or capitalized on the effective date of  this  section  to
    40  continue  to  be  used  as  collateral or capitalized at any time in the
    41  future providing that the items remain in the possession of the collect-
    42  ing institution except that nothing in this subdivision shall  impair  a
    43  lender's  rights under a collateralization agreement to foreclose on the
    44  collateral under the terms of the agreement. The existence of any colla-
    45  teralization or capitalization  agreement  shall  be  disclosed  to  the
    46  department.
    47    8.  A collecting institution may deaccession an item in its collection
    48  only if one or more of the following criteria have been met:
    49    (a) the item is inconsistent with the mission of the collecting insti-
    50  tution as set forth in its mission statement;
    51    (b) the item has failed to retain its identity;
    52    (c) the item is redundant;
    53    (d) the item's preservation and  conservation  needs  are  beyond  the
    54  capacity of the collecting institution to provide;
    55    (e)  the item is deaccessioned to accomplish refinement of collections
    56  as required by and/or stated in its collection management policy;

        A. 3355                             4
 
     1    (f) it has been established that the item is inauthentic;
     2    (g)  the  collecting institution is repatriating the item or returning
     3  the item to its rightful owner;
     4    (h) the collecting institution is returning the item to the donor,  or
     5  the  donor's heirs or assigns, to fulfill donor restrictions relating to
     6  the item which the collecting institution is no longer able to meet; or
     7    (i) the item presents a hazard to people or other collection items.
     8    9. The regents is directed to create a statewide register available on
     9  the internet for the purposes of collecting and providing public  infor-
    10  mation  about  deaccessioning,  which  shall  include  the  ability of a
    11  collecting institution to list an item for actual or potential  deacces-
    12  sioning.
    13    10. (a) Proceeds from the disposal of an item or items may be used for
    14  the  acquisition  of another item or items for the collection and/or for
    15  the preservation, protection  or  care  of  an  item  or  items  in  the
    16  collection.  In  no  event,  however,  shall  proceeds  derived from the
    17  disposal of an item or items from a collection be used  for  traditional
    18  and  customary  operating expenses.  Nothing in this section shall limit
    19  the ability of a collecting institution to set more restrictive policies
    20  relating to the use of proceeds from a disposed item.
    21    (b) A governmental entity operating  a  collecting  institution  shall
    22  establish  a collection reserve fund. Proceeds received from the sale of
    23  a disposed item shall be used to pay off any remaining debt incurred  in
    24  the purchase of the deaccessioned item that was sold. Any moneys remain-
    25  ing  after  the  payment  of such debt shall be paid into the collection
    26  reserve fund and shall be deposited and secured in the  manner  provided
    27  by section ten of the general municipal law. The governmental collecting
    28  institution may use moneys from the collection reserve fund only for the
    29  purposes authorized in paragraph (a) of this subdivision.
    30    11.  The  regents  shall  adopt  rules or regulations to implement the
    31  provisions of this section.
    32    § 3. The board of  regents  is  hereby  authorized  and  directed,  in
    33  consultation  with  groups  and  individuals  who  have expertise in the
    34  field, to consider and make recommendations concerning whether  collect-
    35  ing  institutions  should  include  buildings  in their collection. Such
    36  study shall include, but not be limited to:
    37    (a) The reasons for the inclusion of a building in a collecting insti-
    38  tution's collection;
    39    (b) Criteria for determining when  it  is  permissible  to  include  a
    40  building in a collecting institution's collection; and
    41    (c)  Whether funds from the sale of disposed items can be used to care
    42  for the physical well-being of the structure and if so what limitations,
    43  if any, should there be.
    44    The regents shall submit a copy of the  study  to  the  governor,  the
    45  temporary  president  of  the  senate,  the speaker of the assembly, the
    46  chairperson of the senate higher education committee and the chairperson
    47  of the assembly higher education committee no later than six months from
    48  the effective date of this act.
    49    § 4. Section 233-a of the education law is amended  by  adding  a  new
    50  subdivision 5 to read as follows:
    51    5.  Proceeds  from  the disposal of an item or items from a collecting
    52  institution's collection may be used for the acquisition of another item
    53  or items for the collecting  institution's  collection  and/or  for  the
    54  preservation,  protection or care of an item or items in the collection.
    55  In no event, however, shall proceeds derived from  the  disposal  of  an
    56  item  or  items  from  a collecting institution's collection be used for

        A. 3355                             5
 
     1  traditional and customary operating expenses. Nothing  in  this  section
     2  shall limit the ability of a collecting institution to set more restric-
     3  tive policies relating to the use of proceeds from a disposed item.
     4    §  5. Subdivision 5 of section 233-aa of the education law is REPEALED
     5  and a new subdivision 5 is added to read as follows:
     6    5. Proceeds from the disposal of an item or items  from  a  collecting
     7  institution's collection may be used for the acquisition of another item
     8  or  items  for  the  collecting  institution's collection and/or for the
     9  preservation, protection or care of an item or items in the  collection.
    10  In  no  event,  however,  shall proceeds derived from the disposal of an
    11  item or items from a collecting institution's  collection  be  used  for
    12  traditional  and  customary  operating expenses. Nothing in this section
    13  shall limit the ability of a collecting institution to set more restric-
    14  tive policies relating to the use of proceeds from a disposed item.
    15    § 6. This act shall take effect immediately.
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