NY Educ L § 233-A (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-A - Property of the State Museum.

§ 233-a. Property of the state museum. 1. As used in this section:  (a) The term "museum" shall mean the New York state museum.  (b)  The  term  "deaccession"  shall  mean  the  permanent  removal or disposal of an object from the collection of the museum by virtue of its sale, exchange, donation or transfer by any means to any person.  (c) The term "person" shall  mean  any  natural  person,  partnership, corporation,   company,  trust  association  or  other  entity,  however organized.  (d) The term  "property"  means  any  inanimate  object,  document  or tangible  object  under  the office's care which has intrinsic historic, artistic, scientific, or cultural value.  (e) The term "claimant" means a person who asserts ownership  or  some other legal right to undocumented property held by the museum.  (f)  The  term  "loan" means a deposit of property with the museum not accompanied by a transfer to the museum of title to the property.  (g) The term "lender" means a person whose name appears on the records of the museum as the person legally  entitled  to,  or  claiming  to  be legally  entitled  to,  property held by the museum or, if deceased, the legal heirs of such person.  (h) The term "lender's address" means the most recent address for  the lender shown on the museum's records pertaining to the property on loan, or  if the lender is deceased, the last known address of the legal heirs of such lender.  (i) The term "permanent loan" means a loan of property to  the  museum for an unspecified period.  (j)  The term "undocumented property" means property in the possession of the museum for  which  the  museum  cannot  determine  the  owner  by reference to its records.  (k)  The  term  "conservation  measures"  means  any  actions taken to preserve or stabilize a property including, but not limited  to,  proper storage support, cleaning, proper lighting, and restoration.   2.  The  deaccessioning  of  property by the museum must be consistent with the mission of the museum.   3. Prior to the acquisition of property  by  gift,  the  museum  shall provide  the  donor  with  a  written  copy of its mission statement and collections policy, which shall include policies and procedures  of  the museum relating to deaccessioning.   4.  If  the  museum  has  the  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.   6. Notice given by the museum under this section must be mailed to the lender's last known address by certified mail, return receipt requested. Service by mail is complete if the museum receives proof that the notice was  received  not  more than thirty days after it was mailed; provided, however, notice may be given by publication if the museum does not:  (a) know the identity of the lender; or  (b) know the address of the lender; or  (c) receive proof that  the  notice  mailed  under  this  section  was received  within  thirty  days of mailing. 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 subdivision shall be  the  date  of  the third published notice.    In  addition  to  any  other  information that may be required or seem appropriate, any notice  given  under  this  section  must  contain  the following:  (A) The name of the lender or claimant, if known.  (B) The last address of the lender or claimant, if known.  (C)  A  brief  description  of  the  property  on  loan  to the museum referenced in the notice.  (D) The date of  the  loan,  if  known  or  the  approximate  date  of acquisition of the property.  (E) The name and address of the museum.  (F)  The  name,  address,  and  telephone  number  of the person to be contacted regarding the property.   7. Notwithstanding any other provisions of law regarding abandoned  or lost  property,  the  museum may, beginning five years from the date the lender last contacted the museum, clarify title to property on permanent loan or loaned for a specified term that  has  expired.  Proof  of  such contact  shall include previously sent restricted letters or loan forms, returned envelopes, inventories  and  other  documentary  evidence.  The procedure for clarifying title shall be as follows:  (a)  The  museum must give notice by mail to the lender that it wishes to clarify ownership rights in the property.  (b) In addition to the information described  in  subdivision  six  of this  section,  the notice shall be entitled "Notice of Termination" and must  include  a  statement  containing  substantially   the   following information:    "The  records of the New York State Museum indicate that you 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 wishes that the property remain on  loan), or  (iii)  that the museum retain the property permanently as its owner. Please contact (name of contact) in writing within  one  hundred  twenty days,  in  order  to  advise  the  museum  as  to  which  of  the  above alternatives you wish to follow."  (c) If, no later  than  one  hundred  twenty  days  following  receipt thereof,  the  lender  does  not respond to the notice of termination by submitting a written claim  to  the  property  on  loan  with  verifying documentation  the  office  shall  send  a  second  notice to the lender containing the following information: "On (date of  first  notice),  the New  York  State  Museum  sent  you  a  notice concerning property that, according to our records, has been loaned to the office.  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."   If the lender fails to respond to the second notice within one hundred twenty days of receipt, at the request of the commissioner, the attorney general may make an application to the supreme court pursuant to article thirty of the civil practice law and rules for a declaratory judgment to determine  the museum's right to such property. In a case in which there is no evidence that the notices  previously  sent  by  the  museum  were received  by  the  lender,  upon  application,  the  supreme court shall specify the method by which service shall be made upon the lender.   8. Notwithstanding any other provision of law regarding  abandoned  or lost property the museum may acquire title to undocumented property held by the museum for at least five years as follows:  (a)  The  museum  must give notice by publication that it is asserting title to the undocumented property.  (b) In addition to the information described herein, the notice  shall be  entitled  "Notice  of  Intent to Acquire Title to Property" and must include a statement containing substantially the following  information: "The  records of the New York State Museum fail to indicate the owner of record  of certain property in its possession. The museum hereby asserts its  intent  to  acquire  title  to  the  following  property:  (general description  of  property). If you claim ownership of this property, you must  submit  written  proof  of  ownership  to  the  museum  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 claim an interest in the property but do not possess written proof of such interest, you should submit your  name and  address and a written statement of your claim to (name of contact), within one hundred eighty days, in order to receive notice of any  legal proceedings  concerning  the  property.  If  you  wish to commence legal proceedings to claim the property, you should consult your attorney."   If  after  one  hundred  eighty  days  following  the  last  date   of publication  of  such  notice  no  claimant  has  responded  thereto  by submitting written proof of ownership of the property to the museum,  or if  there  is  a  dispute  between  the  museum  and  any claimant as to ownership of the property, upon the request  of  the  commissioner,  the attorney  general  may make an application to the supreme court pursuant to article thirty of the civil practice law and rules for a  declaratory judgment to determine the museum's rights in the property.   9.  A  copy  of  all notices required by subdivision seven or eight of this section shall be sent, by certified mail, return receipt requested, to the International Foundation  for  Art  Research,  or  any  successor foundation  or  agency having similar purposes, on or before the date on which such notices  are  mailed  or  first  published  pursuant  to  the requirements of this section.   10.  Any  person who purchases or otherwise acquires property from the museum acquires good title to such property if the museum  has  acquired title in accordance with this section.   11.  The  provisions  of  subdivisions seven and eight of this section shall not apply to any property that has been reported as  stolen  to  a law enforcement agency or to the Art Theft Archives of the International Foundation  for  Art  Research,  or  any  successor foundation or agency having similar purposes, no later than one year following the  theft  or discovery of the theft.   12. The museum shall have the following duty to lenders:  (a)  When  the  museum accepts a loan of property, it shall inform the lender in writing of the provisions of this section.  (b) The museum shall give a lender, at the  lender's  address,  prompt written  notice  by mail 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  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.   13. The owner of property loaned to  the  museum  is  responsible  for promptly  notifying  the museum, in writing, of any change of address or change in the ownership of the property.   14. (a) 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 last known address or telephone number before the time the museum  determines action is necessary; or  (ii)  the  lender  either  (A)  does  not  respond  to  a  request for permission to apply conservation measures made pursuant  to  subdivision twelve  of  this  section  within three days of receiving the request or will not agree to the conservation measures the museum recommends or (B) 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.  (b)  Unless provided otherwise in an agreement with the lender, if the museum applies conservation measures to property under paragraph (a)  of this  subdivision, and provided that the measures were not required as a result of the museum's own action or inaction, the museum shall  acquire a  lien  on  the  property  in  the  amount of the costs incurred by the 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 the museum:  (i) had a reasonable belief at the time the action was taken that  the action  was  necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a  hazard to the health and safety of the public or the museum staff; and  (ii)  exercised  reasonable  care  in  the  choice  and application of conservation measures.   15. The museum shall maintain or continue to maintain, as the case may be and to  the  extent  such  information  is  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; (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.   16. Notwithstanding the provisions of the civil practice law and rules or any other law, except for laws governing actions  to  recover  stolen property:  (a)  No action against the museum for damages arising out of injury to or loss of property loaned to the museum shall be  commenced  more  than three years from the date the museum gives the lender or claimant notice of the injury or loss under this section.  (b)  No  action  against  the  museum  to  recover  property  shall be commenced more than three years from the date the museum gives notice of its intent to terminate the loan or notice of intent to acquire title to undocumented property.