Relates to the accessioning and deaccessioning of museum property; repealer

Summary of provisions

*Requires each collecting institution to adopt and publish a binding collection management policy and mission statement. Nothing in the bill would prevent institutions from changing or amending their policies, which they currently have the ability to do.

*Each collecting institution shall accession all items in its possession that are consistent with its mission statement and collection management policy. This bill emphasizes the fact that institutions are required to accession only those items that are consistent with its mission.

*Collecting institutions must publish a register of all items in their collection. They will have three years place on the register items already in their collection. However all items acquired after the effec- tive date of this bill must be placed on the register immediately.

*Items may only be deaccessioned if certain criteria have been met; either that the item is inconsistent with the mission of the collecting institution, the item has failed to retain its identity, the item is redundant, the item's preservation and conservations needs are beyond the capacity of the collecting institution to provide, or the deac- cession of the item refines the collection per its collection management policy.

*This bill directs the Board of Regents to create a website on which institutions are required to post items they are deaccessioning.

*Proceeds from the disposal of deaccessioned items may be used for the acquisition of another item for the collecting institution's collection, and/or for the preservation and protection of an item in the collection, proceeds may never be used for customary operating expenses.

*While this bill bans the use of an item for future collateral agree- ments it does not interfere with collateral agreements already in effect.

*The Board of Regents will have the authority to enforce the provisions of this law

*Additionally, the board of regents is authorized to study and report to the Governor whether or not collecting institutions should include

buildings in their collection. The Regents will be required to consult with

Justification

The State of New York has the finest collecting insti- tutions in the world, giving the people of the State and visitors an unequaled opportunity to experience the world's cultural, artistic, historical, natural history and scientific heritage. These collecting institutions exist across the state, range in size from the smallest to the largest institutions in the world, and are all creatures of state government. Some are directly chartered by the Legislature, and some by the Board of Regents, but all are subject to the public interest as set forth in law, regulation, charter requirement, and sound collecting institution practice as set forth by collecting institution associations and accreditation organizations. This legislation is intended to assure and enhance the continuing interest of collecting institutions in abid- ing by and protecting the public interest. It should be noted that just because an institution owns items does not mean those items are part of a collection that would be covered by this legislation. Items only become part of a collection when they are accessioned by an institution. And they are only required to be accessioned when they fulfill the mission of the institution as laid out in its mission statement.

There is a need for clarification and standards with respect to the ways collecting institutions acquire, hold, and dispose of property, espe- cially property that is part of their collections. The need for such improvement in state policy and practice is of longstanding concern, but has been highlighted by the recent and widely discussed increase in financial pressure on cultural institutions. There have been attempts in New York and elsewhere to monetize collecting institution collections and the asserted use of those monies for purposes other than the protection and expansion of collections. Such practices are inconsistent with the interest of the people of the State, are inconsistent with requirements of governing documents, accreditation standards, and accepted collecting institution practices, and, if unchecked, will permanently endanger the integrity and existence of collecting institu- tion collections handed to us by earlier generations as a sacred cultural and ethical trust.

The requirements of this law are necessary to protect the cultural, artistic, historical, scientific heritage of the state, and the public interest, are consistent with long-standing professional standards set forth by the collecting institution community, and are consistent with the statutory and constitutional responsibilities of the Legislature and the Board of Regents.

Legislative history

New bill

Fiscal implications

N/A

Effective date

Immediately