NY Educ L § 233-AA (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 1 - General Organization 233-AA - Property of Other Museums.

§ 233-aa. Property of other museums. 1. As used in this section:  (a) The term "museum" means any institution, including but not limited to   museums,   historical  societies,  zoological  gardens,  aquariums, botanical gardens, and arboreta, having collecting as a  stated  purpose in its charter, or owning or holding collections, or intending to own or hold  collections,  that  is  a  governmental  entity  or not-for-profit corporation. The term museum does not include the state museum.  (b) The term "deaccession" means the permanent removal or disposal  of property  from  the  collection  of  a  museum  by  virtue  of its sale, exchange, donation, or transfer by any means to any person.  (c)  The  term  "person"  means  any  natural   person,   partnership, corporation,  company,  trust  association,  or  other  entity,  however organized.  (d)  The  term  "property"  means  any  inanimate  object,   document, organism,  or  tangible object under a museum's care which has intrinsic historic, artistic, scientific, or cultural value.  (e) The term "loan" means a deposit of  property  with  a  museum  not accompanied by a transfer to such museum of title to the property.  (f)  The term "lender" means a person legally entitled to, or claiming to be legally entitled to, property held  by  the  museum  or,  if  such person is deceased, the legal heirs of such person.  (g) The term "unclaimed property" means property which is on loan to a museum  and in regard to which the lender, or anyone acting legitimately on the lender's behalf, has not contacted the museum for  at  least  ten years from the date of the beginning of the loan, if the loan was for an indefinite  or undetermined period, or for at least five years after the date upon which the loan for a definite period expired.  (h) The term "undocumented property" means property that has  been  in the  possession  of  a  museum  for at least ten years and for which the museum cannot determine the lender, donor, or owner  by  making  a  good faith  and  reasonable search for the identity and last known address of the lender, donor or owner from the museum  records  and  other  records reasonably available to museum staff.  (i)  The  term  "conservation  measures"  means  any  actions taken to preserve or stabilize a property, including, but not limited to,  proper storage, support, cleaning, and restoration.   2.  The  acquisition  of property by a museum pursuant to this section must be consistent with the mission of the museum.   3. Prior to the acquisition of property by gift, a museum shall inform a donor or prospective donor of the provisions of this section and shall provide a donor or prospective donor with a written copy of its  mission statement  and  collections  policy,  which  shall  include policies and procedures of the museum related to deaccessioning.   4. If the museum has knowledge of a planned bequest  of  any  property prior  to  the  death  of  the  testator,  the  museum shall provide the testator with a written copy of its mission  statement  and  collections policy,  which  shall  include  policies  and  procedures  of the museum relating to deaccessioning, provided,  however,  that  any  museum  that routinely  makes  its mission statement and collections policy available on its website shall be deemed to have complied with this subdivision.   5. Proceeds derived from the sale of any property title to  which  was acquired by a museum pursuant to this section shall be used only for the acquisition   of  property  for  the  museum's  collection  or  for  the preservation, protection, and care of the collection and  shall  not  be used to defray ongoing operating expenses of the museum.   6.  (a)  Notice  by mail required by this section shall be mailed to a lender's last known address by certified mail, return receipt requested;  provided, however, that notice shall be given by publication pursuant to paragraph (b) of this subdivision if the museum does not:  (i) know the identity of the lender; or  (ii) know the address of the lender; or  (iii)  receive  proof  that  the  notice mailed under this section was received within thirty days of mailing.  (b) Notice by publication must be given at least once a week for three consecutive weeks in a newspaper of general circulation in:  (i) the county in which the property is held by the museum; and  (ii) the county of the lender's last address, if known.   The date of notice under this paragraph shall be the date of the third published notice.  (c) In addition to any other information required by this section, any notice given under this section must contain the following:  (i) The name of the lender, if known.  (ii) The last address of the lender, if known.  (iii) A brief description of  the  property  on  loan  to  the  museum referenced in the notice.  (iv)  The  date  of  the  loan,  if  known, or the approximate date of acquisition of the property.  (v) The name and address of the museum.  (vi) The name, address, and telephone  number  of  the  person  to  be contacted regarding the property.  (d)  A  copy  of  all  notices  required by this section pertaining to property in the form of identifiable works of art  known  to  have  been created  before nineteen hundred forty-five and to have changed hands in Europe during the Nazi era (1933-1945) shall be sent  to  The  Art  Loss Register  or  any  successor  organization having similar purposes on or before the date on which such notices  are  mailed  or  first  published pursuant to the requirements of this section.   7.  Unless  there  is  a  written  loan agreement to the contrary, and notwithstanding any other provision of law regarding abandoned  or  lost property,  a museum that has made a good faith and reasonable search for the identity and last known  address  of  the  lender  from  the  museum records  and  other  records  reasonably  available  to museum staff may terminate a loan for unclaimed property in its possession in  accordance with the provisions of this subdivision.  (a)  If  the  museum  has  identified the lender and the lender's last known address, the museum shall give notice by mail, in accordance  with subdivision six of this section, of its intent to terminate the loan.  (b)  Such  notice  shall  be entitled "Notice of Termination" and must include a statement containing substantially the following  information: "The  records of the (name of museum) indicate that you have or may have property on loan at  (name  of  facility).  The  museum  is  seeking  to determine whether you wish:  (i) that the museum return the property to you,  (ii)  that the property remain on loan to the museum subject to annual renewal (if the museum also wishes that the property remain on loan), or  (iii) that the museum  obtain  all  of  the  lender's  rights  to  the property,  either to take the property into its collection or to dispose of the property,  in  its  sole  discretion.  Please  contact  (name  of contact)  in writing within one hundred twenty days to advise the museum as to which of the above alternatives you wish to follow."  (c) If the lender does not  respond  to  the  notice  of  termination, within  one  hundred  twenty  days following receipt thereof, the museum shall send a second  notice  to  the  lender  containing  the  following information: "On (date of first notice), the (name of museum) sent you a notice concerning property that, according to our records, has been lent  to  the  (name of museum). You have not responded to that notice, a copy of which is enclosed,  and  the  museum  will  commence  proceedings  to acquire title to the property if you do not contact (name of contact) in writing within one hundred twenty days of receiving this second notice."  (d)  If  the  lender  fails to respond to the second notice within one hundred twenty days of receipt thereof, the museum shall acquire all  of the lender's rights to the property.  (e)  If  the  museum  does  not  receive proof that the notices mailed pursuant to  this  subdivision  were  received  within  thirty  days  of mailing,  or  if  the  museum has undertaken a good faith and reasonable search of museum records  and  other  records  reasonably  available  to museum  staff  but  has  been  unable to determine the identity and last known address of the lender,  the  museum  may  terminate  the  loan  by complying  with  the procedures established in subdivision eight of this section for acquisition of title to undocumented property.   8. (a) Notwithstanding any other provision of law regarding  abandoned or  lost property, a museum may acquire the rights of the lender, donor, or owner to undocumented property by giving notice  by  publication,  in accordance  with  subdivision  six of this section, that it is asserting title to the undocumented property.  (b) Such notice  shall  be  entitled  "Notice  of  Intent  to  Acquire Property"  and  must  include  a  statement containing substantially the following information: "The (name of museum) hereby asserts  its  intent to  acquire  title  to  the  following  property:  (brief description of property). If you claim ownership of this property, you must contact the museum in writing and make arrangements to collect the property. If  you fail  to  do so within one hundred eighty days, the museum will commence proceedings to acquire title to the property. If you  wish  to  commence legal   proceedings  to  claim  the  property,  you  should  consult  an attorney."  (c) If the museum does not receive contact from  any  person  who  can provide  documentation  or  other  evidence  establishing  an  ownership interest in the property within one hundred eighty days of the  date  of notice by publication, the museum shall cause a brief description of the property  to  be  submitted  to  the  comptroller,  who  shall post such description on the unclaimed  funds  registry  for  not  less  than  one hundred eighty days.  (d)  If  the  museum  does not receive contact from any person who can provide  documentation  or  other  evidence  establishing  an  ownership interest  in  the  property prior to or within thirty days following the conclusion of the unclaimed funds registry  posting,  the  museum  shall acquire title to the property.   9.  The  provisions  of  subdivisions  seven and eight of this section shall not apply to:  (a) any property that was created before nineteen  hundred  forty-five and  changed  hands due to theft, seizure, confiscation, forced sale, or other involuntary means in Europe during the Nazi era (1933-1945); or  (b) notwithstanding any copy of a notice sent pursuant to  subdivision six  of  this  section,  any  property  reported  as  stolen  to  a  law enforcement agency or insurer or The Art Loss Register or any  successor organization having similar purposes no later than three years following the theft or discovery of the theft.   10. A museum shall acquire all rights to undocumented property that is not  solicited by the museum and that is delivered to the museum or left on museum premises after January first, two thousand nine if  no  person provides  documentation  or  other  evidence  establishing  an ownership interest in the property within ninety days of delivery of such property to the museum.    11.(a) The museum shall give a lender prompt written notice  by  mail, in  accordance with subdivision six of this section, of any known injury to, or loss of, property on loan or of the need  to  apply  conservation measures.  Such  notice  shall advise the lender of his or her right, in lieu  of the application of such conservation measures, to terminate the loan and, no later than thirty days after having received  such  notice, either retrieve the property or arrange for its isolation and retrieval. The  museum shall not be required to publish notice of injury or loss to any undocumented property.  (b) Unless there is a written loan  agreement  to  the  contrary,  the museum may apply conservation measures to property on loan to the museum without  giving formal notice or first obtaining the lender's permission if immediate action is required to protect the property on loan or other property in the custody of the museum or if the property on  loan  is  a hazard  to  the  health  and  safety  of the public or the museum staff; provided that:  (i) the museum is unable to reach the lender at the  lender's  address or  telephone  number  before  the  time  by which the museum determines action is necessary; or  (ii) the  lender  either  (1)  does  not  respond  to  a  request  for permission to apply conservation measures within three days of receiving the  request  or  will not agree to the conservation measures the museum recommends; or (2) fails to terminate the loan and either  retrieve  the property  or  arrange for its isolation and retrieval within thirty days of receiving the request.   If immediate  conservation  measures  are  necessary  to  protect  the property  or  to  protect  the  health or safety of the public or museum staff, the conditions set forth in subparagraphs (i) and  (ii)  of  this paragraph shall not apply.  (c)  Unless  provided  otherwise in an agreement with the lender, if a museum applies conservation measures to property under paragraph (a)  of this  subdivision, and provided that the measures were not required as a result of such museum's  own  action  or  inaction,  such  museum  shall acquire  a  lien  on the property in the amount of the costs incurred by such museum, including, but not  limited  to,  the  cost  of  labor  and materials,  and  shall  not  be  liable  for  injury  to  or loss of the property, provided that such museum:  (i) had a reasonable belief at the time when the action was taken that the action was necessary to protect the property on loan or otherwise in the custody of the museum or that such property on loan was a hazard  to the health and safety on the public or the museum staff; and  (ii)  exercised  reasonable  care  in  the  choice  and application of conservation measures.   12. A lender shall promptly notify a museum, in writing, of any change of address or change in the  ownership  of  property  on  loan  to  such museum.   13. The museum shall maintain or continue to maintain, as the case may be  and to the extent such information is reasonably available, a record of acquisition, whether by purchase, bequest, gift, loan  or  otherwise, of  property  for display or collection and of deaccessioning or loan of property  currently  held  or  thereafter  acquired   for   display   or collection. Any such record shall:  (a)  state  the name, address, and telephone number of the person from whom  such  property  was  acquired,  or  to  whom  such  property   was transferred  by  deaccessioning  or  loan,  and  a  description  of such property, its location, if known, and the terms of  the  acquisition  or deaccessioning  or  loan,  including  any  restrictions as to its use or further disposition, and any other material facts about  the  terms  and  conditions  of  the  transaction,  which  records  shall be updated if a lender informs the museum of a  change  in  address,  ownership  of  the property  or  other  relevant  information,  or if the lender and museum negotiate a change in the terms of the transaction;  (b)  include  a  copy  of  any  document of conveyance relating to the acquisition or deaccessioning or loan of such property and  all  notices and other documents prepared or received by the museum; and  (c) in the case of property acquired pursuant to this section, include records  documenting  the search for the identity and last known address of the lender, and copies of all notices and other documents prepared or received by the museum in connection with the acquisition  of  title  to such property.   14.  Nothing  in  this section shall limit the ability of a lender and museum to bind  themselves  to  different  loan  provisions  by  written agreement,  nor  shall this section abrogate rights and obligations of a lender or museum pursuant to a written agreement.