§ 233-A — Property of the state museum

§ 233-a. Property of the state museum. 1. As used in this section:\n (a) The term "museum" shall mean the New York state museum.\n (b) The term "deaccession" shall mean the permanent removal or\ndisposal of an object from the collection of the museum by virtue of its\nsale, exchange, donation or transfer by any means to any person.\n (c) The term "person" shall mean any natural person, partnership,\ncorporation, company, trust association or other entity, however\norganized.\n (d) The term "property" means any inanimate object, document or\ntangible object under the office's care which has intrinsic historic,\nartistic, scientific, or cultural value.\n (e) The term "claimant" means a person who asserts ownership or some\nother legal right to undocumented property held by the museum.\n (f) The term "loan" means a deposit of property with the museum not\naccompanied by a transfer to the museum of title to the property.\n (g) The term "lender" means a person whose name appears on the records\nof the museum as the person legally entitled to, or claiming to be\nlegally entitled to, property held by the museum or, if deceased, the\nlegal heirs of such person.\n (h) The term "lender's address" means the most recent address for the\nlender shown on the museum's records pertaining to the property on loan,\nor if the lender is deceased, the last known address of the legal heirs\nof such lender.\n (i) The term "permanent loan" means a loan of property to the museum\nfor an unspecified period.\n (j) The term "undocumented property" means property in the possession\nof the museum for which the museum cannot determine the owner by\nreference to its records.\n (k) The term "conservation measures" means any actions taken to\npreserve or stabilize a property including, but not limited to, proper\nstorage support, cleaning, proper lighting, and restoration.\n 2. The deaccessioning of property by the museum must be consistent\nwith the mission of the museum.\n 3. Prior to the acquisition of property by gift, the museum shall\nprovide the donor with a written copy of its mission statement and\ncollections policy, which shall include policies and procedures of the\nmuseum relating to deaccessioning.\n 4. If the museum has the knowledge of a planned bequest of any\nproperty prior to the death of the testator, the museum shall provide\nthe testator with a written copy of its mission statement and\ncollections policy, which shall include policies and procedures of the\nmuseum relating to deaccessioning.\n 6. Notice given by the museum under this section must be mailed to the\nlender's last known address by certified mail, return receipt requested.\nService by mail is complete if the museum receives proof that the notice\nwas received not more than thirty days after it was mailed; provided,\nhowever, notice may be given by publication if the museum does not:\n (a) know the identity of the lender; or\n (b) know the address of the lender; or\n (c) receive proof that the notice mailed under this section was\nreceived within thirty days of mailing. Notice by publication must be\ngiven at least once a week for three consecutive weeks in a newspaper of\ngeneral circulation in:\n (i) the county in which the property is held by the museum; and\n (ii) the county of the lender's last address, if known.\n The date of notice under this subdivision shall be the date of the\nthird published notice.\n In addition to any other information that may be required or seem\nappropriate, any notice given under this section must contain the\nfollowing:\n (A) The name of the lender or claimant, if known.\n (B) The last address of the lender or claimant, if known.\n (C) A brief description of the property on loan to the museum\nreferenced in the notice.\n (D) The date of the loan, if known or the approximate date of\nacquisition of the property.\n (E) The name and address of the museum.\n (F) The name, address, and telephone number of the person to be\ncontacted regarding the property.\n 7. Notwithstanding any other provisions of law regarding abandoned or\nlost property, the museum may, beginning five years from the date the\nlender last contacted the museum, clarify title to property on permanent\nloan or loaned for a specified term that has expired. Proof of such\ncontact shall include previously sent restricted letters or loan forms,\nreturned envelopes, inventories and other documentary evidence. The\nprocedure for clarifying title shall be as follows:\n (a) The museum must give notice by mail to the lender that it wishes\nto clarify ownership rights in the property.\n (b) In addition to the information described in subdivision six of\nthis section, the notice shall be entitled "Notice of Termination" and\nmust include a statement containing substantially the following\ninformation: "The records of the New York State Museum indicate that\nyou have property on loan at (name of facility). The museum is seeking\nto determine whether you wish (i) that the museum return the property to\nyou, (ii) that the property remain on loan to the museum subject to\nannual renewal (if the museum wishes that the property remain on loan),\nor (iii) that the museum retain the property permanently as its owner.\nPlease contact (name of contact) in writing within one hundred twenty\ndays, in order to advise the museum as to which of the above\nalternatives you wish to follow."\n (c) If, no later than one hundred twenty days following receipt\nthereof, the lender does not respond to the notice of termination by\nsubmitting a written claim to the property on loan with verifying\ndocumentation the office shall send a second notice to the lender\ncontaining the following information: "On (date of first notice), the\nNew York State Museum sent you a notice concerning property that,\naccording to our records, has been loaned to the office. You have not\nresponded to that notice, a copy of which is enclosed, and the museum\nwill commence proceedings to acquire title to the property if you do not\ncontact (name of contact), in writing within one hundred twenty days of\nreceiving this second notice."\n If the lender fails to respond to the second notice within one hundred\ntwenty days of receipt, at the request of the commissioner, the attorney\ngeneral may make an application to the supreme court pursuant to article\nthirty of the civil practice law and rules for a declaratory judgment to\ndetermine the museum's right to such property. In a case in which there\nis no evidence that the notices previously sent by the museum were\nreceived by the lender, upon application, the supreme court shall\nspecify the method by which service shall be made upon the lender.\n 8. Notwithstanding any other provision of law regarding abandoned or\nlost property the museum may acquire title to undocumented property held\nby the museum for at least five years as follows:\n (a) The museum must give notice by publication that it is asserting\ntitle to the undocumented property.\n (b) In addition to the information described herein, the notice shall\nbe entitled "Notice of Intent to Acquire Title to Property" and must\ninclude a statement containing substantially the following information:\n"The records of the New York State Museum fail to indicate the owner of\nrecord of certain property in its possession. The museum hereby asserts\nits intent to acquire title to the following property: (general\ndescription of property). If you claim ownership of this property, you\nmust submit written proof of ownership to the museum and make\narrangements to collect the property. If you fail to do so within one\nhundred eighty days, the museum will commence proceedings to acquire\ntitle to the property. If you claim an interest in the property but do\nnot possess written proof of such interest, you should submit your name\nand address and a written statement of your claim to (name of contact),\nwithin one hundred eighty days, in order to receive notice of any legal\nproceedings concerning the property. If you wish to commence legal\nproceedings to claim the property, you should consult your attorney."\n If after one hundred eighty days following the last date of\npublication of such notice no claimant has responded thereto by\nsubmitting written proof of ownership of the property to the museum, or\nif there is a dispute between the museum and any claimant as to\nownership of the property, upon the request of the commissioner, the\nattorney general may make an application to the supreme court pursuant\nto article thirty of the civil practice law and rules for a declaratory\njudgment to determine the museum's rights in the property.\n 9. A copy of all notices required by subdivision seven or eight of\nthis section shall be sent, by certified mail, return receipt requested,\nto the International Foundation for Art Research, or any successor\nfoundation or agency having similar purposes, on or before the date on\nwhich such notices are mailed or first published pursuant to the\nrequirements of this section.\n 10. Any person who purchases or otherwise acquires property from the\nmuseum acquires good title to such property if the museum has acquired\ntitle in accordance with this section.\n 11. The provisions of subdivisions seven and eight of this section\nshall not apply to any property that has been reported as stolen to a\nlaw enforcement agency or to the Art Theft Archives of the International\nFoundation for Art Research, or any successor foundation or agency\nhaving similar purposes, no later than one year following the theft or\ndiscovery of the theft.\n 12. The museum shall have the following duty to lenders:\n (a) When the museum accepts a loan of property, it shall inform the\nlender in writing of the provisions of this section.\n (b) The museum shall give a lender, at the lender's address, prompt\nwritten notice by mail of any known injury to, or loss of, property on\nloan or of the need to apply conservation measures. Such notice shall\nadvise the lender of his right, in lieu of the application of such\nconservation measures, to terminate the loan and, no later than thirty\ndays after having received such notice, either retrieve the property or\narrange for its isolation and retrieval. The museum shall not be\nrequired to publish notice of injury or loss to any undocumented\nproperty.\n 13. The owner of property loaned to the museum is responsible for\npromptly notifying the museum, in writing, of any change of address or\nchange in the ownership of the property.\n 14. (a) Unless there is a written loan agreement to the contrary, the\nmuseum may apply conservation measures to property on loan to the museum\nwithout giving formal notice or first obtaining the lender's permission\nif immediate action is required to protect the property on loan or other\nproperty in the custody of the museum or if the property on loan is a\nhazard to the health and safety of the public or the museum staff,\nprovided that:\n (i) the museum is unable to reach the lender at the lender's last\nknown address or telephone number before the time the museum determines\naction is necessary; or\n (ii) the lender either (A) does not respond to a request for\npermission to apply conservation measures made pursuant to subdivision\ntwelve of this section within three days of receiving the request or\nwill not agree to the conservation measures the museum recommends or (B)\nfails to terminate the loan and either retrieve the property or arrange\nfor its isolation and retrieval within thirty days of receiving the\nrequest.\n If immediate conservation measures are necessary to protect the\nproperty or to protect the health or safety of the public or museum\nstaff, the conditions set forth in subparagraphs (i) and (ii) of this\nparagraph shall not apply.\n (b) Unless provided otherwise in an agreement with the lender, if the\nmuseum applies conservation measures to property under paragraph (a) of\nthis subdivision, and provided that the measures were not required as a\nresult of the museum's own action or inaction, the museum shall acquire\na lien on the property in the amount of the costs incurred by the\nmuseum, including, but not limited to the cost of labor and materials,\nand shall not be liable for injury to or loss of the property, provided\nthat the museum:\n (i) had a reasonable belief at the time the action was taken that the\naction was necessary to protect the property on loan or other property\nin the custody of the museum, or that the property on loan was a hazard\nto the health and safety of the public or the museum staff; and\n (ii) exercised reasonable care in the choice and application of\nconservation measures.\n 15. The museum shall maintain or continue to maintain, as the case may\nbe and to the extent such information is available, a record of\nacquisition, whether by purchase, bequest, gift, loan or otherwise, of\nproperty for display or collection and of deaccessioning or loan of\nproperty currently held or thereafter acquired for display or\ncollection. Any such record shall: (a) state the name, address, and\ntelephone number of the person from whom such property was acquired, or\nto whom such property was transferred by deaccessioning or loan, and a\ndescription of such property, its location, if known, and the terms of\nthe acquisition or deaccessioning or loan, including any restrictions as\nto its use or further disposition, and any other material facts about\nthe terms and conditions of the transaction; (b) include a copy of any\ndocument of conveyance relating to the acquisition or deaccessioning or\nloan of such property and all notices and other documents prepared or\nreceived by the museum.\n 16. Notwithstanding the provisions of the civil practice law and rules\nor any other law, except for laws governing actions to recover stolen\nproperty:\n (a) No action against the museum for damages arising out of injury to\nor loss of property loaned to the museum shall be commenced more than\nthree years from the date the museum gives the lender or claimant notice\nof the injury or loss under this section.\n (b) No action against the museum to recover property shall be\ncommenced more than three years from the date the museum gives notice of\nits intent to terminate the loan or notice of intent to acquire title to\nundocumented property.\n