2023 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.