Dear Josephine,
I'm attaching here an exerpt from the New York State Consolidated Laws on
Arts and Cultural Affairs, as it is to large for an email.
Maybe it could be helpful to many people - gallerists in New York are
breaking these laws constantly, and most New York artists don't know about
them.
I was shocked when I discovered it - Actual laws protecting artists!
The surprise for me was that in New York State an art gallery is considered
by law to have a fiduciary obligation to the artists: i.e., by law a gallery
is not allowed to spend any of the artist's proceeds for ANYTHING ELSE, as,
say, for their rent, phone bill, a new Condo in the Virgin Islands, gallery
repairs, or whatever. When a gallery receives procceds for the sale of an
artist's artwork, it is required that they hold it for the artist JUST LIKE A
BANK!
Also, the artist is always full owner of any consigned artwork until EVERY
PENNY is paid to the artist.
It's an interest body of laws.... I don't know if there are similar
protections in other states...
If the text attachment can't be opened, please let me know...
Allan McCollum
[log in to unmask]
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New York State Consolidated Laws
Arts and Cultural Affairs - Index
Chapter 11-C
Title A
Title AA1
Title B
Title BA3
Article 4
Title BA5
Title BA7
Title BA8
Title BA9
Title BA10
Title C
Title CA11
Title CA12
Title CA13
Title CA14
Title CA15
Title CA16
Title D
Title DA19
Title E
Title EA20
Title EA21
Title EA22
Title F
Title FA23
Title G
Title GA25
Title J
Title JA31
Title K
Title KA33
Title L
Title LA35
Title M
Title MA37
Title S
Title SA54
Title T
Title TA55
Title U
Title UA57
Title UA57-A
Title V
Title VA59
Title V-1
Title V-1A60
Title W
Title WA61
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New York State Consolidated Laws
Arts and Cultural Affairs
CHAPTER 11-C OF THE CONSOLIDATED LAWS
ARTS AND CULTURAL AFFAIRS LAW
TITLE A
SHORT TITLE
Article
1. Short title (S 1.01)
TITLE B
PROMOTION OF THE ARTS
3. Council on the arts (SS 3.01-3.13)
4. Empire State Plaza Art Commission (SS 4.01-4.11)
5. Art commission (SS 5.01-5.05)
7. New York state summer school of the arts (SS 7.01-7.15)
8. New York state writer`s institute (SS 8.01-8.13)
9. New York state theatre institute corporation (SS 9.01-9.15)
10. Institute for the Hudson River Collection (SS 10.01-10.13)
TITLE C
TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
11. Definitions (S 11.01)
12. Artist-art merchant relationships (SS 12.01-12.03)
13. Express warranties (SS 13.01-13.07)
14. Works of fine art; sculpture and multiples generally (SS
14.01-14.08)
15. Sale of visual art objects and sculptures produced in multiples
(SS 15.01-15.19)
16. Severability (S 16.01)
TITLE D
REGULATION OF PUBLIC
ENTERTAINMENTS OR EXHIBITIONS BY CINEMATOGRAPH
19. Public entertainments or exhibitions by cinematograph or any
other apparatus for projecting moving pictures (SS
19.01-19.15)
TITLE E
NEW YORK STATE CULTURAL RESOURCES ACT
20. New York State Cultural Resources Act (SS 20.01-20.47)
21. Trust For Cultural Resources Of The City Of New York (SS
21.01-21.15)
22. Trust For Cultural Resources Of The County Of Onondaga (SS
22.01-22.09)
TITLE F
THEATRICAL SYNDICATION FINANCING
23. Regulation of theatrical syndication financing (SS 23.01-23.23)
TITLE G
REGULATION OF SALE OF THEATRE TICKETS
* 25. Tickets to places of entertainment (SS 25.01-25.35)
* NB Effective until 98/06/01
* 25. Theatre tickets (SS 25.01-25.27)
* NB Effective 98/06/01
TITLE J
OFFENSES RELATING TO UNAUTHORIZED PHOTOGRAPHS AND
CERTAIN COPYRIGHTED MATERIALS
31. Offenses relating to unauthorized photographs and certain copy-
righted materials (SS 31.01-31.05)
TITLE K
TRADE-MARKS
33. Offenses against trade-marks (SS 33.01-33.15)
TITLE L
PROTECTION OF CHILD PERFORMERS AND MODELS
35. Child performers and models (SS 35.01-35.07)
TITLE M
THEATRICAL EMPLOYMENT CONTRACTS;
SAFETY PRECAUTIONS FOR CERTAIN PERFORMERS; PERFORMING ARTISTS
37. Theatrical employment contracts; safety precautions for certain
performers (SS 37.01-37.11)
TITLE S
EXECUTIVE MANSION TRUST
54. Executive mansion trust (SS 54.01-54.17)
TITLE T
NATURAL HERITAGE TRUST
55. Natural heritage trust (SS 55.01-55.23)
TITLE U
DIVISIONS OF HISTORY AND PUBLIC RECORDS
57. Divisions of history and public records (SS 57.01-57.11)
57-a. Local government records law (SS 57.13-57.39)
TITLE V
AMERICAN MUSEUM OF NATURAL HISTORY
PLANETARIUM AUTHORITY
59. American museum of natural history planetarium authority (SS
59.01-59.27)
TITLE V-1
SALE OF AUTOGRAPHED SPORTS
COLLECTIBLES
60. SALE OF AUTOGRAPHED SPORTS COLLECTIBLES (SS 60.01-60.06)
TITLE W
MISCELLANEOUS PROVISIONS
61. Miscellaneous provisions (SS 61.01-61.13)
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE A
SHORT TITLE
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 1
SHORT TITLE
Section 1.01. Short title.
S 1.01. Short title. This chapter shall be known as the "arts and
cultural affairs law" and may be cited as such.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE B
PROMOTION OF THE ARTS
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 3
COUNCIL ON THE ARTS
Section 3.01. Legislative findings and declaration of policy.
3.03. Council on the arts.
3.05. General powers and duties of council.
3.07. State financial assistance for improvement,
expansion or
rehabilitation of
existing buildings.
3.09. Assistance of other agencies.
3.11. Grants by council; consideration to certain
applicants.
3.13. Participation in programs to promote progress
and scholarship in
the humanities and
the arts.
S 3.01. Legislative findings and declaration of policy. It is hereby
found that many of our citizens lack the opportunity to view, enjoy or
participate in living theatrical performances, musical concerts, operas,
dance and ballet recitals, art exhibits, examples of fine architecture, and
the performing and fine arts generally. It is hereby further found that,
with increasing leisure time, the practice and enjoyment of the arts are of
increasing importance and that the general welfare of the people of the
state will be promoted by giving further recognition to the arts as a vital
aspect of our culture and heritage and as a valued means of expanding the
scope of our educational programs.
It is hereby declared to be the policy of the state to join with private
patrons and with institutions and professional organizations concerned with
the arts to insure that the role of the arts in the life of our communities
will continue to grow and will play an ever more significant part in the
welfare and educational experience of our citizens and in maintaining the
paramount position of this state in the nation and in the world as a
cultural center.
It is further declared that all activities undertaken by the state in
carrying out this policy shall be directed toward encouraging and assisting
rather than in any ways limiting the freedom of artistic expression that is
essential for the well-being of the arts.
S 3.03. Council on the arts. 1. The council on the arts in the executive
department is hereby continued. The twenty members shall be, broadly
representative of all fields of the performing and fine arts, to be
appointed by the governor, with the advice and consent of the senate, from
among private citizens who are widely known for their professional
competence and experience in connection with the performing and fine arts.
In making such appointments, due consideration shall be given to the
recommendations made by representative civic, educational and professional
associations and groups, concerned with or engaged in the production or
presentation of the performing and fine arts generally.
2. The term of office of each member of the council shall be five years.
Vacancies in the council occurring otherwise than by expiration of term,
shall be filled for the unexpired term in the same manner as original
appointments. The governor shall designate a chairperson and a
vice-chairperson from the members of the council, to serve as such at the
pleasure of the governor. The chairperson shall be the chief executive
officer of the council.
3. The chairperson shall receive compensation fixed by the governor and
shall be reimbursed for all expenses actually and necessarily incurred by
him in the performance of his duties hereunder, within the amount made
available by appropriation therefor. The other members of the council
shall receive no compensation for their services, but shall be reimbursed
for all expenses actually and necessarily incurred by them in the
performance of their duties hereunder within the amount made available by
appropriation therefor.
4. The chairperson may appoint such officers, experts and other
employees as he may deem necessary, prescribe their duties, fix their
compensation and provide for reimbursement of their expenses within amounts
available therefor by appropriation.
S 3.05. General powers and duties of council. The council shall have
the following powers and duties:
1. To stimulate and encourage throughout the state the study and
presentation of the performing and fine arts and public interest and
participation therein;
2. To make such surveys as may be deemed advisable of public and
private institutions engaged within the state in artistic and cultural
activities, including but not limited to, music, theatre, dance,
painting, sculpture, architecture, and allied arts and crafts, and to
make recommendations concerning appropriate methods to encourage
participation in and appreciation of the arts to meet the legitimate
needs and aspirations of persons in all parts of the state;
3. To take such steps as may be necessary and appropriate to
encourage public interest in the cultural heritage of our state and to
expand the state`s cultural resources;
4. To hold public or private hearings;
5. To enter into contracts, within the amount available by
appropriation therefor, with individuals, organizations and institutions
for services furthering the educational objectives of the council`s
programs;
6. To enter into contracts, within the amount available by
appropriation therefor, with local and regional associations for
cooperative endeavors furthering the educational objectives of the
council`s programs;
7. To accept gifts, contributions and bequests of unrestricted funds
from individuals, foundations, corporations and other organizations or
institutions for the purpose of furthering the educational objectives of
the council`s programs;
8. To make and sign any agreements and to do and to perform any acts
that may be necessary, desirable or proper to carry out the purposes of
this chapter;
9. To promote tourism by supporting arts and cultural projects which
would stimulate tourism and improve the state`s attractions for
tourists.
10. To administer the New York state musical instrument revolving fund
in accordance with the provisions of section ninety-seven-v of the state
finance law.
S 3.07. State financial assistance for improvement, expansion or reha-
bilitation of existing buildings. 1. Any other provision of any other
law to the contrary notwithstanding, state financial assistance may be
provided for up to fifty percent of the approved costs (excluding feasi-
bility studies, plans or similar activities) of eligible projects for
the rehabilitation of existing buildings, including leasehold improve-
ments, by an eligible nonprofit cultural organization, as provided here-
in. Such financial assistance may be in the form of grants and/or loans.
2. A nonprofit cultural organization may submit an application for
state financial assistance for eligible projects as provided herein. The
council, after review of the programmatic and fiscal needs and resources
of the project and the organization, shall make a determination, subject
to the restrictions, limitations, responsibilities and requirements of
this section, as to the amount of state financial assistance in the form
of a grant and/or state financial assistance in the form of a loan, or
any combination thereof, that the organization may receive, provided,
however, that subject to the requirements established herein:
(a) Any financial assistance in the form of a grant may be provided
for any amount from funds appropriated specifically therefor up to and
including the amount of fifty thousand dollars.
(b) Any financial assistance in the form of a loan may be provided
from the arts capital revolving fund established pursuant to section
ninety-seven-z of the state finance law for any amount up to and includ-
ing the amount of one hundred thousand dollars, provided that interest
in any such loan shall not exceed a maximum of ten or a minimum of three
percent per annum.
(c) Any combined financial assistance in the form of a grant and a
loan may be provided for an amount up to and including the amount of one
hundred thousand dollars and may include any amount of state financial
assistance in the form of a grant and any amount of state financial
assistance in the form of a loan, as shall be determined by the council
subject to the provisions of paragraphs (a) and (b) of this subdivision
and the requirements, duties and responsibilities imposed by this
section.
(d) Nothing contained herein shall be deemed to require approval of a
total of fifty thousand dollars in state financial assistance in the
form of a grant, or approval of a total of one hundred thousand dollars
in state financial assistance in the form of a loan, or to prevent the
council from approving a loan or any combination of a grant and loan in
any amount, subject only to the limitation on such financial assistance
imposed by paragraphs (a) and (b) of this subdivision, and the council`s
determination of the programmatic and fiscal needs and resources of the
project and the organization, and other requirements of this section,
irrespective of the amount of state financial assistance in the form of
a grant and/or state financial assistance in the form of a loan
requested or suggested by the applicant.
(e) The council may contract with outside entities to effect the
purposes of this paragraph and to disburse loans and receive payments on
such loans.
3. (a) For the purposes of this section, organizations or eligible
organizations shall mean nonprofit cultural organizations which received
funding from the council in each of the three previous state fiscal
years and which own a condominium or a building or a part of a building
or which own shares representing a cooperative interest in a building or
which have entered into a lease-purchase agreement to own a building or
which lease a building or space in it, and which operate a program ther-
ein, provided that evidence of such ownership, lease or lease-purchase
agreement shall be provided by the eligible organization in such manner
and form as is satisfactory to the council. Nothing contained herein
shall prevent an eligible organization from receiving financial assist-
ance under this section which has satisfactory occupancy agreements in a
building which is owned by a local government.
(b) Eligible organizations shall not include:
(1) public school districts, their components, and affiliate organiza-
tions, state agencies or departments, or, except as provided hereunder,
public universities, their components and affiliate organizations; or
(2) the provisions of subparagraph one of this paragraph to the
contrary notwithstanding, a public university, its components or affil-
iate organizations may be funded if it serves and is located in a rural
or minority community, as such shall be determined by the council pursu-
ant to subdivisions seven and fifteen of this section and meets all
other applicable requirements for funding under this section, provided
that applications from such entities for state financial assistance
shall not be considered by the council prior to December thirty-first in
any state fiscal year.
(c) Eligible projects shall include:
(1) improvement, expansion or rehabilitation of a building for arts
purposes;
(2) improvement, expansion or rehabilitation of existing buildings to
increase or assure public access;
(3) improvement or rehabilitation of existing buildings for energy
conservation purposes or for such other purposes as will serve to reduce
the organization`s costs of operation in such building;
(4) improvement or rehabilitation of existing buildings to address
known health and safety deficiencies;
(5) improvement, expansion or rehabilitation of existing buildings to
provide for handicapped accessibility;
(6) such other projects of substantive character as are in keeping
with the spirit and intent of this section. (d) No project shall be
considered eligible if it is approved for financing from any other state
assistance program.
4. Each application for financial assistance shall be submitted to the
council by the governing body of the eligible organization. Each appli-
cation shall:
(a) demonstrate that adequate operating support and resources will be
available at the completion of the project to provide an improved or
increased level of service;
(b) contain verification in such form as may be acceptable to the
council that the remaining cost of the project, exclusive of state
financial assistance, has been or will be obtained;
(c) demonstrate that the project will be completed promptly and in
accordance with the application;
(d) either demonstrate that the operation of the organization will be
made more economical or efficient as a consequence of approval or demon-
strate that health and safety concerns will be repaired or access to
handicapped provided;
(e) demonstrate that the project will be conducted in accordance with
applicable federal, state and local laws and regulations;
(f) demonstrate that, where appropriate, competitive bidding proce-
dures will be followed as required by law, or provide such other
evidence of competition as shall be satisfactory to the council;
(g) provide an assessment of the useful life of the project, and such
recommendation, analysis of needs or feasibility studies as may be
required by the council provided, however, that for the purposes of this
section the term "useful life" shall mean such method of calculating the
worth of a project and the amount of annual depreciation necessary for
effecting contracts under this section as the council shall require
after consultation with the state comptroller and upon approval by the
state division of the budget;
(h) demonstrate that contracts for the project will be executed in
accordance with subdivision twelve of this section;
(i) provide such other information as may be required by the council
including such guarantees as are further required by subdivisions eight
and nine of this section.
5. Each organization may submit no more than one application annually.
Any other provision of this section to the contrary notwithstanding, no
organization shall receive state financial assistance under this section
funding more than three years in any consecutive five-year period.
6. (a) Each application for state financial assistance shall be
reviewed by the council for its merits and for the programmatic and
fiscal needs and resources of the proposed project and the applicant
organization. Any application for a project whose total cost equals or
exceeds the sum of three hundred thousand dollars which is deemed
preliminary acceptable shall be submitted by the council to the dormito-
ry authority of the state of New York for technical review. Provided,
however, that nothing contained herein shall prevent the council from
submitting any application for financial assistance, irrespective of the
amount of financial assistance requested or the total project cost, to
the authority for technical review and recommendations pursuant to the
provisions of this section.
(b) Within thirty days of the receipt of an application from the coun-
cil, the authority shall provide the council with a written evaluation
of the project which shall include the following factors:
(1) feasibility of the proposed project from an engineering stand-
point;
(2) total project cost estimate;
(3) proposed project schedule;
(4) useful life of the proposed project as defined pursuant to para-
graph (b) of subdivision four of this section;
(5) such other factors which the authority shall determine are appli-
cable to its evaluation of the project.
(c) If within the thirty-day period the authority finds more informa-
tion is necessary, the authority shall so notify the council and shall
have a maximum of ninety days to complete its review.
(d) Concurrent with its approval of any application, the authority
shall include its recommendation as to the manner in which the design
and construction of the project should be managed.
(e) In any case where the authority and the council and the organiza-
tion have agreed that the authority will award contracts for the design
and construction of the project, the authority shall prepare or cause to
be prepared a feasibility design and performance plan which shall set
forth the terms and conditions associated with the construction manage-
ment process. Such plan shall contain provisions relating to the rela-
tive responsibilities of the authority, appropriate performance and
surety bonds, remedies against architects, contractors and sureties
deemed to be in default in the performance of their obligations, and,
generally, the management of the construction process in a professional
manner in accordance with prevailing construction industry standards.
(f) Should the authority fail to provide the council with an approval,
disapproval or request for additional information within thirty days of
receipt of the original application or within ninety days as may be
appropriate, the application shall be submitted to the council for its
final approval or disapproval.
(g) If approved by the authority, the application shall be returned to
the council, which may provide final approval for state financial
assistance.
(h) Subject to approval by the director of the division of the budget,
the council shall enter into an agreement to insure that the authority
shall be reimbursed for reasonable expenses incurred in fulfilling its
responsibilities under this section and shall authorize payment to the
authority out of monies earned on interest in the arts capital revolving
fund established pursuant to section ninety-seven-z of the state finance
law or from any other funds allocated by it to fulfill the purposes of
this section, provided, however, that in no event shall the council
authorize payment under this paragraph an amount greater than the sum of
fifty thousand dollars in any state fiscal year.
7. In approving any application, the council shall consider:
(a) the condition of the existing building;
(b) the recommendation and analysis of need as provided in the feasi-
bility study or other documentation required by the council;
(c) the available resources for the project;
(d) the nature of the activities proposed to take place at the site
which is the subject of the application;
(e) such other criteria as the council may deem appropriate or neces-
sary to the approval of any application, including the fiscal resources
of the applicant, which shall be determined after review of any one of
the prior year`s report of the following: a financial statement prepared
by an independent certified public accountant; an annual statement of
income and expenses; a federal tax return with all itemizations and
breakdowns; or a long form report from the office of charities registra-
tion; and
(f) where appropriate and in keeping with the provisions of subdivi-
sion fifteen of this section, the needs of rural and minority communi-
ties.
8. Any other provision of law or of this section to the contrary
notwithstanding, state financial assistance shall not be provided pursu-
ant to this section until the council has (a) considered the useful life
of the eligible project as such term is defined herein; (b) determined
the grant, loan or combined amount of state financial assistance to be
provided; and (c) executed an agreement to provide such assistance. Such
agreement shall be executed by the council and the organization or, in
the case of a leasehold or lease-purchase agreement, with the eligible
nonprofit cultural organization and, where appropriate, the owner of the
property for which the eligible project has been proposed. Any such
agreement shall provide for the creation of a lien or other security
interest or such other guarantee as shall be satisfactory to the council
to assure repayment of financial assistance provided under this section.
Such agreement shall assure that the length of a loan shall not exceed
the useful life of the project and shall include, in addition to such
other provisions as the council may require, the following:
(i) the amount of financial assistance, the terms and conditions upon
which it is provided, the useful life of the eligible project and the
method of depreciating the eligible project for purposes of the repay-
ment provisions of the agreement;
(ii) a requirement that the organization provide the council with such
prior notice as the council may require of a sale or other disposition
of the subject property or of a termination of the lease prior to the
expiration of such useful life or the expiration of the term of any loan
made hereunder;
(iii) a requirement that, in the event of such sale or disposition of
the property or termination of the lease prior to the expiration of the
useful life or the expiration of the term of any loan made hereunder,
the owner of the subject property or such other guarantor shall repay to
the council an amount equal to that portion of the approved costs of the
project financed by financial assistance provided under this section,
less accumulated depreciation, as of the date of such sale, disposition
or termination, or, in the case of a loan or a combination of a grant
and loan, repay an amount equal to the unpaid balance of the loan;
(iv) a requirement that, upon a finding by the council that a project
has not been completed, or has not been completed in accordance with the
terms of the agreement, the full amount of the financial assistance
provided in the form of a grant, or the outstanding balance of financial
assistance provided in the form of a loan shall be repaid to the council
by the guarantor, provided that upon a showing of good cause by the
organization the council shall grant an extension of up to ninety days
from the date of such finding to allow the organization to complete the
project in accordance with the terms of the agreement, and further
provided that the council shall provide no more than two such extensions
from the date of such finding to allow the organization to complete the
project in accordance with the terms of the agreement.
9. In any case in which state financial assistance is provided in the
form of a loan or as a combination of a grant and loan, the following
shall additionally be included in the agreement:
(i) a requirement that the organization shall obtain, in addition to
such other security as may be required by the council or by other
provisions of law, an undertaking or surety bond from any person or
entity which has contracted to perform work on an approved project to
assure the faithful performance of such project and/or a labor and/or
material bond as may be appropriate; and
(ii) a requirement that the authority shall provide such construction
management services as have been specified and agreed to pursuant to
paragraphs (d) and (e) of subdivision six of this section.
10. Any lien, security interest or guarantee established created under
the provisions of subdivision eight or nine of this section shall be in
addition to any other rights or obligations of the council under the
provisions of the lien law or any other law.
11. The council shall cause to be filed and to be recorded in the
office of the county clerk in the county where the subject property is
situated any lien or other security interest as may be required to
assure repayment of financial assistance in accordance with the
provisions of this section. The department of law shall provide such
assistance as the council may require to create and perfect any such
liens or other security interests.
12. (a) All contracts for design, construction, services and materials
pursuant to this section of whatever nature and all documents soliciting
bids or proposals therefor shall contain or make reference to the
following provisions:
(i) That the contractor will not discriminate against employees or
applicants for employment because of race, creed, color, national
origin, sex, age, disability, or marital status, and will undertake or
continue existing programs of affirmative action to ensure that minority
group persons and women are afforded equal opportunity without discrimi-
nation. Such programs shall include, but not be limited to, recruitment,
employment, job assignment, promotion, upgrading, demotion, transfer,
layoff, termination, rates of pay or other forms of compensation, and
selection for training and retraining, including apprenticeship and
on-the-job training;
(ii) That the contractor shall request any employment agency, labor
union, or authorized representative of workers with which it has a
collective bargaining or other agreement or understanding and which is
involved in the performance of the contract to furnish a written state-
ment that it will not discriminate because of race, creed, color,
national origin, sex, age, disability or marital status and it will
cooperate in the implementation of the contractor`s obligations here-
under;
(iii) That the contractor will state, in any solicitations or adver-
tisements for employees placed by or on behalf of the contractor in the
performance of the contract, that all qualified applicants will be
afforded equal employment opportunity without discrimination because of
race, creed, color, national origin, sex, age, disability or marital
status;
(iv) That the contractor will include the provisions of subparagraphs
(i) through (iii) of this paragraph in every subcontract or purchase
order in such a manner that such provisions will be binding upon each
subcontractor or vendor as to its work in connection with the contract
with the agency.
(b) The council shall establish appropriate measures, procedures and
guidelines to ensure that contractors and subcontractors undertake mean-
ingful programs to employ and promote qualified minority group members
and women. Such procedures may require after notice in a bid solicita-
tion, the submission of a minority and women workforce utilization
program prior to the award of any contract, or at any time thereafter,
and may require the submission of compliance reports relating to the
operation and implementation of any workforce utilization program
adopted hereunder. The council may take appropriate action, including
the impositions of sanctions for non-compliance to effectuate the
provisions of this subdivision and the monitoring of compliance with
this subdivision.
(c) (i) In the performance of projects pursuant to this section,
minority and women-owned business enterprises shall be given the oppor-
tunity for meaningful participation. For purposes hereof, minority
business enterprise shall mean any business enterprise which is at least
fifty-one per centum owned by, or in the case of a publicly owned busi-
ness, at least fifty-one per centum of the stock or other voting inter-
est is owned by citizens or permanent resident aliens who are Black,
Hispanic, Asian, American Indian, Pacific Islander, or Alaskan native,
and such ownership interest is real, substantial and continuing and has
the authority to independently control the day to day business decisions
of the entity for at least one year; and women-owned business enterprise
shall mean any business enterprise which is at least fifty-one per
centum owned by, or in the case of a publicly owned business, at least
fifty-one per centum of the stock to other voting interests of which is
owned by citizens or permanent resident aliens who are women, and such
ownership interest is real, substantial and continuing and has the
authority to independently control the day to day business decisions of
the entity for at least one year.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
(ii) In order to implement the requirements and objectives of this
section, the council shall request, as appropriate, the assistance of
other state agencies to monitor the contractors` compliance with
provisions hereof, provide assistance in obtaining competing qualified
minority and women-owned business enterprises to perform contracts
proposed to be awarded, and take other appropriate measures to improve
the access of minority and women-owned business enterprises to these
contracts.
13. In approving applications pursuant to this section, the council
shall seek to insure that:
(a) sixty percent of the funds appropriated pursuant to this section
and made available for grants, and sixty percent of the funds made
available for loans shall be made available in such a manner as to
insure that the ratio of the amount received within each county to the
whole of the financial assistance made available pursuant to this para-
graph is no greater than the ratio of the population of such county to
the population of the state, provided;
(b) notwithstanding the provisions of paragraph (a) of this subdivi-
sion the council shall make such additional allocations for rural and
minority communities as to insure that the needs of cultural development
are met; and
(c) any funds made available pursuant to paragraph (a) or (b) of this
subdivision which, by December thirty-first of the year in which this
section shall have become a law, and October thirty-first of each year
thereafter are declined by or which cannot be used by such organizations
within such counties, and/or such communities, as such shall be deter-
mined by the council, shall be made available to other eligible nonpro-
fit cultural organizations for eligible projects.
14. Any other provision of this section or of any other law to the
contrary notwithstanding, the council shall provide a reasonable amount
not exceeding seven and one-half percent of the funds appropriated
pursuant to this section to organizations located in rural or minority
communities, as such shall be determined by the council, to obtain tech-
nical and/or financial assistance necessary to bring a project to frui-
tion, provided, however that this subdivision shall only be effective
until March thirty-first, nineteen hundred eighty-nine.
15. The council shall establish a written policy recognizing the
importance of and making provision to further cultural development in
rural and minority communities, as such shall be determined by the coun-
cil. Copies of the council policy concerning minority and rural cultural
development shall be provided to the senate finance and the assembly
ways and means committees.
16. To insure effective evaluation of applications made to it for
financial assistance under this section at least three or one-fourth
whichever is less of the persons designated by the chairman to provide a
review of such application shall be licensed professional engineers.
Such engineers shall be chosen for their expertise in the disciplines
critical to the design process including but not limited to structural,
mechanical and electrical and acoustical. The recommendations made by
such engineers concerning each application shall be considered specif-
ically and apart from the reviews of any other persons designated to
provide a review of such applications, and, any other provision of any
other law to the contrary notwithstanding, such engineers may be desig-
nated to conduct audits or may be retained as consultants by the coun-
cil. Nothing contained herein shall prevent the council from meeting the
requirements of this subdivision by retaining an engineering firm as a
consultant. Nothing contained in this subdivision shall be deemed to
affect quorum requirements of any review group or panel established by
the chairman to review such applications, or to require the presence of
all of such engineers at each such meeting of each such review group or
panel. The council shall establish appropriate quorum requirements for
this panel or review group.
17. In the event an eligible organization fails to make a payment on a
loan or fails to make any other payment required under the provisions of
this section, the council shall inform the comptroller of such failure
and of the amount overdue, which amount the comptroller may recover from
any payments due from the state to the eligible organization, including
local assistance payments.
18. The council shall adopt guidelines within sixty days of the effec-
tive date of this section, and shall promulgate rules and regulations
not later than September first, nineteen hundred eighty-eight as are
necessary to carry out the purposes and provisions of this section. In
addition to any other requirements set forth by this section, the coun-
cil shall, in establishing such guidelines, rules and regulations,
delimit the application process, provide for an appeals procedure,
establish the written policy required by subdivision fifteen of this
section and establish procedures for the recoupment of financial assist-
ance provided in the event that a project is not completed or not
completed as proposed by the applicant organization. Copies of such
rules and regulations shall be provided at least sixty days prior to the
time they shall be effective to the senate finance committee and the
assembly ways and means committee.
19. The council shall report to the governor, the temporary president
of the senate, the speaker of the assembly, the chairs of the senate
finance committee and assembly ways and means committee not later than
January fifteenth of each year concerning the amounts appropriated and
expended pursuant to this section, the number of applications received,
the total amount of financial assistance requested, the total number of
applications funded, the amount of funding provided, and such other
information as the chairman shall deem appropriate, including any recom-
mendations for program improvement, recommendations for increasing the
total amount of funding from state and nonstate sources available to
increase total funds for projects available to the arts and cultural
community of this state, in particular for rural and minority communi-
ties, and identification of and proposals for removing barriers or
limits faced by communities in accessing the program or in maximizing
use of funds provided hereunder.
S 3.09. Assistance of other agencies. To effectuate the purposes of this
article, the council on the arts may request from any department, board,
bureau, commission or other agency of the state, and the same are
authorized to provide, such assistance, services and data as will enable
the council properly to carry out its powers and duties hereunder.
S 3.11. Grants by council; consideration to certain applicants. In
issuing grants to applicants for council funds in the area of the
performing arts the council may give consideration to the applicant`s
demonstration of an ability to enhance the state`s capacity to attract
tourists as evidenced by showing that significant numbers of persons in
such audiences are or will be attracted to the applicant`s geographical
area by reason of such applicant`s program and evidence of advertising and
publicity designed and planned in such a manner as to reach potential
audiences from outside the applicant`s geographical area.
S 3.13. Participation in programs to promote progress and scholarship in
the humanities and the arts. 1. As used in this section, the following
terms shall mean and include:
a. "Municipal corporation". A county, city, town, village, or school
district of the state, or a board of higher education in a city having a
population of one million or more.
b. "National foundation act". The national foundation on the arts and
humanities act of nineteen hundred sixty-five and any federal laws
amendatory or supplemental thereto heretofore or hereafter enacted.
2. Any municipal corporation shall have power, either individually or
jointly with one or more other municipal corporations, to apply for,
accept, and expend funds made available by the federal government pursuant
to the provisions of the national foundation act in order to administer,
conduct or participate with the federal government in a program which has
as its purpose the promotion of progress and scholarship in the humanities
and the arts. Any such municipal corporation is authorized to appropriate
and expend such sums as are required to administer, conduct, or participate
in any such program and may perform any and all acts necessary to
effectuate the purposes of any such program.
3. Any municipal corporation, either individually or jointly with one or
more other municipal corporations, may enter into agreements with private,
non-profit agencies which are authorized to apply for and accept funds made
available by the federal government pursuant to the provisions of the
national foundation act. Such agreements may provide that funds, services,
or facilities will be made available by any such municipal corporation or
municipal corporations to such private, non-profit agency upon such terms
and conditions as may be prescribed by such municipal corporation or
municipal corporations, in order to defray that portion of the cost of any
program administered by any such private, non-profit agency which is not
paid for by funds made available by the federal government. Such private,
non-profit agency shall file annually with each such municipal corporation
with which it has entered into such an agreement, or at such more frequent
periods as may be required by such municipality, a financial report with
respect to such program or programs and shall make available for inspection
or audit by each such municipal corporation, its books, records and other
data.
4. No funds, services, or facilities shall be made available by a
municipal corporation to a private, non-profit agency pursuant to the
provisions of subdivision three of this section unless such agency has
obtained approval of its application for a federal grant-in-aid as required
by the provisions of the national foundation act, and its program is
designed to promote progress and scholarship in the humanities and the arts
within the municipal corporation or municipal corporations with which it
has entered into such an agreement.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 4
EMPIRE STATE PLAZA ART COMMISSION
Section 4.01. Legislative findings and declaration of policy.
4.03. Definitions.
4.05. Empire state plaza art commission; creation.
4.07. Powers and duties of commission.
4.09. Appointment of curator and other employees.
4.11. Assistance of state agencies and political subdivisions.
S 4.01. Legislative findings and declaration of policy. The
legislature hereby finds and declares that the Governor Nelson A.
Rockefeller empire state plaza is a unique architectural entity and is
intensively used by the public for recreation, for conventions of
business and governmental groups and for participation in exhibits and
exhibitions of the visual and performing arts.
It is hereby declared a policy of the state that there be created in
the executive department the empire state plaza art commission, with a
legislative mandate regarding the works of art of great value to the
people of the state of New York which are located in the empire state
plaza.
S 4.03. Definitions. Except as otherwise provided herein and unless
the context shall otherwise require, the following terms as used in this
article shall have the following meanings:
1. "Commission" shall mean the empire state plaza art commission
created by this article.
2. "Empire state plaza" shall mean the Governor Nelson A. Rockefeller
empire state plaza, excluding the cultural education center, the
legislative office building and any other offices and facilities of the
legislature in said plaza.
3. "State agency" shall mean any state board, body, bureau,
commission, council, department, public authority, public corporation,
division, office, or other governmental entity performing a governmental
or proprietary function for the state, but shall not include the
legislature.
S 4.05. Empire state plaza art commission; creation. 1. The empire state
plaza art commission is hereby created in the executive department.
2. The commission shall be located in the empire state plaza in space
designated therein by the commissioner of general services.
3. The commission shall consist of twenty-five members. Twenty-one of
such members shall be appointed by the governor by and with the advice and
consent of the senate, four of whom shall be so appointed on recommendation
of the temporary president of the senate, four on recommendation of the
speaker of the assembly, two on recommendation of the minority leader of
the senate and two on recommendation of the minority leader of the
assembly. The commissioner of education, the commissioner of general
services, the commissioner of parks, recreation and historic preservation
and the chairman of the state council on the arts shall serve as ex officio
members and shall have the same rights as other members.
4. The governor shall designate one of the members to serve as chairman
of the commission, by and with the advice and consent of the senate.
5. The term of each member appointed by the governor shall be for three
years provided, however, that of the members first appointed (a) the
persons appointed on recommendation of the temporary president of the
senate and the speaker of the assembly shall be appointed for terms ending
December thirty-first, nineteen hundred eighty-six, provided, however, that
the persons first so appointed on or after December thirty-first, nineteen
hundred eighty-six shall be appointed for terms ending December
thirty-first, nineteen hundred eighty-nine; (b) the persons appointed on
recommendation of the minority leader of the senate and the minority leader
of the assembly shall be appointed for terms ending December thirty-first,
nineteen hundred eighty-five, provided, however, that the persons first so
appointed on or after December thirty-first, nineteen hundred eighty-six
shall be appointed for terms ending December thirty-first, nineteen hundred
eighty-eight; and (c) the other nine persons appointed by the governor
shall be appointed for terms ending December thirty-first, nineteen hundred
eighty-four, provided, however, that the persons so appointed on or after
December thirty-first, nineteen hundred eighty-six shall be appointed for
terms ending December thirty-first, nineteen hundred eighty-seven.
Vacancies shall be filled for the unexpired terms in the same manner as the
original appointment. The ex officio members shall serve only during their
tenures as commissioner or chairman.
6. Members shall receive no compensation for their services but shall be
allowed their reasonable expenses actually and necessarily incurred in the
performance of their duties. No member shall be disqualified from holding
any other public office or employment by reason of such person`s
appointment or service as a member notwithstanding the provisions of any
other law to the contrary.
7. The commission shall conduct at least four regular meetings a year at
such times and places as may be fixed by it.
8. Thirteen members shall constitute a quorum for the transaction of
business and, unless a greater number is required by the by-laws, the
commission shall exercise its powers and duties by a vote of the majority
of the total members of the commission then serving.
9. The commission shall adopt by-laws governing the calling and conduct
of its meetings and all other matters relating to its organization and
internal operations.
S 4.07. Powers and duties of commission. The commission shall have the
following responsibilities, powers and duties:
1. To make recommendations to state agencies regarding the custody,
display, conservation, preservation and maintenance of works of art in
the empire state plaza under the jurisdiction of such agencies;
2. To appraise and catalogue works of art in the empire state plaza;
3. To advise and assist state agencies in the preparation and
distribution of publications by such agencies;
4. To make recommendations to the governor, the legislature and state
agencies regarding the purchase of works of art;
5. To acquire by gift, grant or loan such works of art as it deems to
be in the best interests of the people of the state;
6. To enter into such contracts as may be necessary or appropriate for
the performance of the functions vested in it by this article;
7. To render such assistance as the legislature or either house
thereof may request with respect to the legislative office building and
other offices and facilities of the legislature in the empire state
plaza;
8. To render such assistance as the commissioner of education may
request with respect to the cultural education center;
9. To make an annual report to the governor and the legislature on or
before December fifteenth which shall contain a complete inventory of
the works of art in the empire state plaza and such recommendations
pertinent to the duties of the commission as it deems advisable. Such
report shall contain a full fiscal accounting of the activities of the
commission, both current and projected.
S 4.09. Appointment of curator and other employees. 1. The chairman,
with the concurrence of the commission and the commissioner of general
services, shall appoint a curator who shall serve at the pleasure of the
commission. The commission shall prescribe powers and duties of the
curator and shall fix his compensation within the amounts appropriated
therefor.
2. The commission may appoint such other employees as it may require,
prescribe their powers and duties and fix their compensation within the
amounts appropriated therefor.
S 4.11. Assistance of state agencies and political subdivisions. The
commission may request and shall receive from any state agency or
political subdivision of the state such assistance and information as
will enable it to carry out its duties and accomplish its purposes.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 5
ART COMMISSION
Section 5.01. Purchase of art productions in certain cities.
5.03. Art commissioners.
5.05. Selection and placing of art productions.
S 5.01. Purchase of art productions in certain cities. Cities of the
first and second class are hereby authorized, in the discretion of those
officers or bodies in such cities that have charge of the appropriation
of the public funds, to purchase works of art which are the production
of professional artists who are citizens of the United States, and which
have been executed in the United States. The word "productions" shall
be held to include among other works of art, mural paintings or
decorations which artists may be employed to put on the walls of public
buildings of such cities, mosaic and stained or painted glass. A city
of the first class may expend under this section any amount not to
exceed fifty thousand dollars annually. A city of the second class may
expend under this section not to exceed ten thousand dollars annually.
S 5.03. Art commissioners. Where provision is not made by law for an
art commission for any city of the first or second class, the mayor of
such city shall, as soon as any city decides to expend any moneys under
the provisions of this article, appoint art commissioners for such city.
Such commissioners shall not contain more than a bare majority of
persons selected from any one political party. It shall be composed of
persons who are experts in art matters.
S 5.05. Selection and placing of art productions. All art productions
purchased under this article shall be selected by the art commission of
the city, and shall be placed in the public buildings, grounds or parks
thereof for the purpose of beautifying the same.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 7
NEW YORK STATE SUMMER SCHOOL OF THE ARTS
Section 7.01. New York state summer school of the arts.
7.03. Object of the summer school.
7.05. Executive director.
7.07. Advisory council; powers.
7.09. Areas of instruction; credits.
7.11. Tuition.
7.13. Eligibility requirements for admission.
7.15. Regulations for admission and scholastic credits.
S 7.01. New York state summer school of the arts. The New York state
summer school of the arts under the jurisdiction and control of the
education department is hereby continued.
S 7.03. Object of the summer school. The primary object of the summer
school of the arts is to provide to high school and college students,
who are residents of the state of New York, having exceptional artistic
skills and talents and who are interested in pursuing professional
careers in the arts, an opportunity to receive advanced training and
instruction on the highest professional level from artists who are
distinctly qualified by background, training, and experience to provide
such instruction, at locations to be determined by the commissioner of
education.
S 7.05. Executive director. 1. The executive director heretofore
appointed by the commissioner of education to be the head of the New York
state summer school of the arts shall continue in office. The executive
director shall hold office at the pleasure of the commissioner of education
and shall be subject to such rules and regulations as he may prescribe.
2. The commissioner of education may appoint such deputies, directors and
other officers, teachers, employees, agents, consultants and special
committees as he may deem necessary for the proper implementation of this
article, prescribe their duties, fix their compensation and provide for
reimbursement of their expenses within the amounts available therefor by
appropriation. The executive director shall develop a program and plan for
the establishment of a summer school of the arts in all branches of the
arts whenever possible, and in accordance with the rules of such
commissioner shall undertake all necessary action to execute such program
and plan in accordance with the provisions of this section. The executive
director shall undertake the necessary studies and evaluations and report
to such commissioner for ways and means to improve the summer school of the
arts.
3. The executive director shall pursue a course of action in connection
with the performance of his duties and responsibilities to encourage and
obtain the services, on a voluntary basis, of well-known and qualified
artists and performers who have distinguished themselves in the visual and
performing arts, and who by background, training and experience can provide
such essential services to the students within the meaning and intent of
this article.
S 7.07. Advisory council; powers. 1. The advisory council heretofore
appointed by the commissioner of education is hereby continued consisting
of seven members who need not be residents of the state, and each of whom
shall serve at the pleasure of such commissioner. The term of office of
members of such council shall be for two years. The chairperson heretofore
designated by the members shall continue in office and shall have the
responsibility of enforcing all such regulations pertaining to such council
as will be promulgated by such commissioner.
2. In the event that a vacancy occurs on the advisory council either
because of incapacity, death or disability or expiration of a term, such
vacancy shall be filled by appointment of the commissioner of education for
the balance of the unexpired term.
3. The advisory council shall visit and inspect all facilities maintained
and operated by the department of education, and have such other powers
and duties as may be required or authorized by the commissioner of
education.
4. Meetings of the advisory council shall be bi-monthly, or more often as
the commissioner of education may direct.
5. The members of the advisory council shall serve without pay but shall
be paid their actual expenses necessarily incurred in the discharge of
their official duties. No member of the council shall have any pecuniary
interest in any contract pertaining to the operation and administration of
the summer school of the arts or of any of its facilities.
S 7.09. Areas of instruction; credits. The summer school of the arts
shall consist of the following divisions:
1. Theatre.
2. Ballet and modern dance.
3. Visual arts.
4. Film/media.
5. Music/orchestral studies/choral studies.
6. Creative writing.
7. Technical theatre arts.
S 7.11. Tuition. The executive director shall, subject to the approval of
the commissioner of education and the director of the budget, fix and
determine the amount of tuition to be paid by each applicant for admission.
Such tuition may be paid by the local school district wherein such
applicant resides in whole or in part. Payment of such tuition may be
waived in whole or in part by the executive director upon a proper showing
of financial hardship by an applicant for admission.
S 7.13. Eligibility requirements for admission. 1. All applicants for
admission must be residents of the state.
2. All applicants for admission must demonstrate to the satisfaction of
the commissioner of education that such applicant:
(a) Intends to pursue a professional career in some branch of the arts as
described in section 7.09 of this article;
(b) Possesses unique and distinctive skills, qualifications and talents
in the visual and performing arts or such other areas related to the arts
as described in section 7.09 of this article.
3. All applicants for admission shall be selected on the basis of open
competition to determine their demonstrated and/or potential ability and
performance capabilities.
S 7.15. Regulations for admission and scholastic credits. The
commissioner of education may make such regulations in relation to the
admission of applicants into any of the facilities operated and maintained
by the summer school of the arts. The commissioner may further promulgate
all such rules which in his discretion are necessary and proper to
effectuate the foregoing, and in addition thereto specify and further
prescribe all scholastic credits and the degree thereof that may be granted
to the students attending the facilities of the summer school of the arts
upon successful completion of courses provided.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 8
NEW YORK STATE WRITERS` INSTITUTE
Section 8.01. Legislative findings and declaration of policy.
8.03. New York state writers` institute.
8.05. Objectives.
8.07. Site.
8.09. Administration.
8.11. New York state Walt Whitman citation of merit for
poets.
8.13. New York state Edith Wharton citation of merit for
fiction writers.
S 8.01. Legislative findings and declaration of policy. The legislature
hereby finds and declares that New York state is unique among states for
its contribution to the art of writing and for the special resources and
opportunities it offers to writers. It is hereby further found that the
art of writing is of increasing importance and that the general welfare
of the people of the state will be enhanced by the establishment of a
center devoted to writing and the allied arts.
It is hereby declared a policy of the state that there be created a New
York state writers` institute with a legislative mandate to encourage
the development of writing skills at all levels of education throughout
the state, to provide a milieu for established and aspiring writers to
work together to encourage the development of, and increase the freedom
of, the artistic imagination of this art in the state of New York.
S 8.03. New York state writers` institute. The New York state writers`
institute is hereby established under the jurisdiction of the state
university of New York.
S 8.05. Objectives. The New York state writers` institute shall:
1. Establish an arts and cultural program for the study of creative
writing in the context of literary criticism, the humanities and other
creative arts;
2. Hire such writers, artists and other personnel as may be necessary
for programs, courses, workshops, lectures and readings to encourage the
development of writing skills in all phases and genres of writing
including fiction, non-fiction, poetry, journalism, playwriting and
screenwriting;
3. Offer such scholarships, grants and awards in writing as may help
develop the talent of writers and the craft of writing;
4. Offer programs for teachers and high school students in New York that
will serve to train them in the craft of writing and demonstrate it as a
complement to other areas of education;
5. Authorize the trustees of the state university to accept, on behalf
of the institute, gifts, contributions and bequests of unrestricted
funds from individuals, foundations, corporations and other
organizations or institutions for the purpose of furthering the
institute`s objectives;
6. Offer at least one lecture annually by a distinguished writer on an
aspect of the creative imagination which will further the objectives of
the institute`s programs and which will enrich the community`s exposure
to the arts;
7. Establish and maintain such publications, records and documents as
may help arts audiences for the future and stimulate and aid the craft
of writing;
8. Foster cooperation among programs for writers in New York, including
workshops that will serve to enhance continued development in the craft
of writing and to increase opportunities for writers in New York state;
and
9. Develop other programs that will enhance the craft of writing and
opportunities for writers.
S 8.07. Site. The site of the New York state writers` institute shall be
at the state university of New York at Albany.
S 8.09. Administration. The institute shall be administered by a
director appointed by the trustees of the state university upon the
recommendation of the chancellor of the state university.
S 8.11. New York state Walt Whitman citation of merit for poets. 1. The
governor shall biennially present the New York state Walt Whitman citation
of merit to a distinguished New York poet upon the recommendation of the
panel constituted in this section. The poet selected shall be considered
the state poet and the citation shall carry an honorarium of ten thousand
dollars.
2. The institute shall biennially appoint and convene an advisory panel
of distinguished poets and persons with particular expertise in the field
of poetry. The director of the institute shall be a permanent member of the
advisory panel and each current state poet shall serve as a member of the
panel in choosing the next New York state Walt Whitman poet. The panel
shall recommend to the governor a poet whose achievements make him or her
deserving of such recognition.
3. The state poet shall promote and encourage poetry within the state and
shall give two public readings within the state each year.
4. The institute shall establish such procedures and guidelines as are
necessary to effect the provisions of this section.
S 8.13. New York state Edith Wharton citation of merit for fiction
writers. 1. The governor shall biennially present the New York state Edith
Wharton citation of merit to a distinguished New York author upon the
recommendation of the panel constituted in this section. The author
selected shall be considered the state author and the citation shall carry
an honorarium of ten thousand dollars.
2. The institute shall biennially appoint and convene an advisory panel
of distinguished authors and persons with particular expertise in the field
of fiction. The director of the institute shall be a permanent member of
the advisory panel and each current state author shall serve as a member of
the panel in choosing the recipient of the next New York state Edith
Wharton citation of merit. The panel shall recommend to the governor an
author whose achievements make him or her deserving of such recognition.
3. The state author shall promote and encourage fiction within the state
and shall give two public readings within the state each year.
4. The institute shall establish such procedures and guidelines as are
necessary to effect the provisions of this section.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 9
NEW YORK STATE THEATRE INSTITUTE CORPORATION
Section 9.01 Legislative findings and declaration.
9.03. Definitions.
9.05. New York state theatre institute corporation.
9.07. Objectives.
9.09. Administration.
9.11. General powers and duties of the corporation.
9.13. Reports.
9.15. Cooperation and assistance of other agencies.
S 9.01. Legislative findings and declaration. The legislature hereby
finds and declares that the legislative findings set down upon the creation
of the empire state youth theatre institute pursuant to chapter eight
hundred twenty-six of the laws of nineteen hundred seventy-four, continue
to be valid and hereby reaffirms and restates these findings:
1. The arts are a motivating force in our schools and in our society.
They are a sensitizing experience for a fuller life and a complement to the
skills of reading, writing and mathematics.
2. The use of creative arts for children and youth within the educational
structure has been shown to increase student success in all disciplines and
to encourage emotional growth.
3. Teachers should be experienced in the use of arts and theatre
techniques in reaching and working with children and young people, as well
as be prepared in the use of community cultural and human resources.
The legislature further finds that there should be a state theatre
institute dedicated to bringing arts in education to the children and young
people of this state.
It is further found that such state theatre institute should embody a
model theatre and education program for the children of New York state and
should symbolize the commitment of the people of the state of New York to
the maintenance and development of theatre and education for children and
young people while making programs of such theatre institute accessible to
the general public.
It is further found that such state theatre institute should establish
affiliations with public and private schools, institutions of higher
learning and arts centers to assure delivery of its services to young
people throughout the state.
It is therefore found and declared that these findings can best be met
through the establishment of a public benefit corporation to be known as
the New York state theatre institute corporation and the powers and duties
of the corporation defined in this article are necessary and proper for the
achievement of these ends.
S 9.03. Definitions. As used in this article:
1. "Corporation" shall mean the New York state theatre institute
corporation created by this article.
2. "Agency" means any state board, body, bureau, commission, council,
department, public authority, public corporation, division, office or other
governmental or proprietary function for the state.
S 9.05. New York state theatre institute corporation. The empire state
youth theatre institute is continued and reestablished and reconstituted as
the New York state theatre institute corporation.
S 9.07. Objectives. The New York state theatre institute corporation
shall:
1. Establish a theatre and education program for the children, youth and
educators of New York state, to include the performing and visual media
while emphasizing diversity, multi-culturalism and assuring access to and
involvement of the disabled;
2. Offer New York state elementary and secondary school teachers
in-service training in the use of theatre arts as a community resource, as
a complement to all other areas of education, and as an extension of
classroom curriculum;
3. Offer accredited interships in theatre arts education to students
being trained as teachers and artists by both public and private
institutions of higher learning;
4. Offer opportunities for high school and college level students from
private and public institutions of higher learning to participate in the
theatre, education and arts management aspects of the corporation through a
practicum;
5. Offer guidance and consultation on arts and education programs in
public and private elementary and secondary schools and institutions of
higher learning and community centers throughout the state;
6. Serve as a professional theatre company and an educational resource
center for children and young people;
7. Offer touring programs in theatre and associated education programs
for children and young people in public and private elementary and
secondary schools throughout the state; and
8. Develop theatre audiences for the future by stimulating children and
young people who have had little or no experience in the arts.
S 9.09. Administration. 1. The New York state theatre institute
corporation shall be a body corporate and politic constituting a public
benefit corporation. It shall have the powers and privileges of a
corporation and all of its business shall be transacted, all funds
invested, all warrants for money drawn and payments made, and all cash and
securities and any other personal and real property shall be held under its
corporate name.
2. The corporation shall consist of a board of directors comprised of a
chairperson and fourteen voting members representing the theatre, education
and business communities to be appointed by and serve at the pleasure of
the governor. Each member appointed shall be representative of the
disciplines applicable to the theatre institute program. The board of
directors shall consist of two members representing executives from the
corporate business sector to be appointed by the governor, one of whom
shall be designated as chairperson and the other to be designated as
treasurer; one member representing the practicing legal profession
specializing in arts and entertainment law to be appointed by the governor;
four members representing elementary-level teachers, two to be appointed by
the governor and two to be appointed upon the recommendation of the
temporary president of the senate; four members representing
secondary-level teachers, two to be appointed upon the recommendation of
the speaker of the assembly and two to be appointed by the governor; two
members representing higher education representing professionals or faculty
who work with children and young people, one to be appointed by the
governor and one to be appointed upon the recommendation of the minority
leader of the senate; two members representing professional theatre
specialists, one to be appointed upon the recommendation of the minority
leader of the assembly and one to be appointed by the governor. The
president of the citizens for the New York state theater institute, inc.
shall be an ex officio, non-voting member. The members first appointed
shall serve for a period of three years; their successors and all other
appointed members shall serve for a four-year term and each member shall
continue to serve until the appointment and qualification of his or her
successor. Vacancies among members otherwise than by the expiration of
term shall be filled by the appointing authority for the unexpired term.
The chairperson and other members of the board shall not be entitled to
compensation for their services but shall be entitled to reimbursement for
their actual and necessary expenses incurred in the performance of their
official duties. A majority of the chairperson and other members of the
board shall constitute a quorum for the transaction of the business of the
corporation.
3. No member, officer or employee of the corporation shall be
disqualified from holding any other public office or employment, nor shall
he or she forfeit any such office or employment by reason of his or her
appointment hereunder notwithstanding the provisions of any general,
special or local law, ordinance, city or county charter.
4. The corporation shall continue until all its liabilities have been met
or otherwise discharged and until its existence shall have been terminated
by law. Upon the termination of the existence of the corporation, all of
its rights and property shall pass to and be vested in the state.
5. The corporation shall hold regular meetings at least quarterly and
shall hold special meetings on the call of the chairperson or any three
members upon giving notice thereof to all members of the corporation at
least forty-eight hours in advance. All meetings shall be held and notices
filed in accordance with the open meetings law.
6. The secretary of the corporation shall be elected from the board
membership.
7. The corporation shall be administered by a producing director who
shall be appointed by and serve at the pleasure of the board of directors.
8. The producing director shall be the chief executive officer of the
corporation, and shall, subject to the direction of the corporation, have
general supervision over the administration, artistic standards and
operation of the corporation`s projects and facility. The producing
director shall recommend to the corporation appointments and non-renewal of
all other employees of the corporation as prescribed by the rules and
regulations pertaining to civil service and professional status according
to the laws governing the New York state employees.
9. The producing director and all other employees of the empire state
theatre institute existing under the jurisdiction and control of the state
university shall be transferred to the corporation as employees of the
state of New York, subject to the approval of the director of the budget.
Such transfer shall not in any way affect the civil service or professional
status, continuity of service, retirement plan status, collective
negotiating representation, right to compensation, grade or compensation or
other rights and privileges of any employee so transferred.
10. The producing director shall attend all corporation meetings and
shall have the right to speak at such meetings, but shall have no vote.
11. The board of directors shall adopt bylaws governing the conduct of
its meetings and other matters not included hereunder relating to its
organization and operations.
12. For purposes of sections seventy-three, seventy-three-a and
seventy-four of the public officers law, the New York state theatre
institute corporation is a state agency, the officers, members, and
employees of which are subject to the provisions thereof.
S 9.11. General powers and duties of the corporation. For carrying out
its purposes, the corporation shall have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes, including the power to purchase, alter, install and dispose of
fixtures, installations and equipment. The corporation may dispose of its
own property valued in excess of five thousand dollars, provided however,
that any such action is subject to a resolution which must be approved by a
majority of the board of directors at a meeting and such resolution must be
approved by the director of the budget;
4. To lease other real property from the state and other entities for
such terms and such conditions as may be agreed upon and, subject to the
provisions of such lease or leases, to sublease said property to others;
5. To appoint such employees as it may require for the performance of its
duties, and to fix and determine their qualifications, duties, and
compensation and to retain or employ counsel, auditors, and private
consultants on a contract basis or otherwise for rendering professional or
technical services and advice;
6. To make all contracts necessary and convenient to carry out its
purposes of production, education and operations and to execute all
instruments necessary and convenient;
7. To accept gifts, grants, loans or contributions from the United
States, the state of New York, or any agency or instrumentality of either
of them, or the city, the county, or an individual, foundation, firm or
corporation, by bequest or otherwise, and to expend the proceeds for any
purposes of the corporation;
8. To be required to pay no taxes or assessments upon any of the property
acquired by or under its jurisdiction, control or supervision or upon its
activities; and
9. To do all things necessary or convenient to carry out the functions,
powers and duties expressly set forth in this article.
S 9.13. Reports. 1. For the purposes of furnishing the state with
systematic information regarding its status and activities, the corporation
shall submit to the governor, the chairpersons of the assembly ways and
means and senate finance committees and the commissioner of taxation and
finance within ninety days after the end of the corporation`s fiscal year,
a complete and detailed report setting forth: (a) its operations and
accomplishments; (b) an audited statement by an independent certified
public accountant experienced in theatrical productions including its
receipts and disbursements, or revenues and expenses, during such fiscal
year in accordance with generally accepted accounting principles; and (c)
its assets and liabilities at the end of its fiscal year, including the
status of reserve, special or other funds and including the receipts and
payments of these funds.
2. The corporation shall annually submit a proposed budget to the
director of the budget at the same time as budget requests are required to
be submitted by state agencies. The proposed budget shall contain a
personal services budget, an operating budget, an equipment budget and an
estimate of revenues. In addition, the corporation shall submit an
expenditure plan subject to the approval of the director of the budget
prior to the allocation of any appropriation. Such expenditure plan shall
provide information on such funds and in such detail as may be required by
the director of the budget, and any subsequent amendment to such plan shall
require the prior approval of the director of the budget.
S 9.15. Cooperation and assistance of other agencies. 1. To effect the
purposes of this article, the corporation may request from any department,
division, commission, or other agency of the state, and the same are
authorized and directed to provide such cooperation and assistance and
services of processing payroll for the corporation`s state employees and
other services as would enable the corporation properly to carry out its
powers and duties hereunder.
2. The inventory of physical and other assets including the rights to
certain plays and other works belonging to the empire state youth theatre
institute located at the state university at Albany, at the research
foundation of the state university and at the empire state performing arts
center shall be transferred to the New York state theatre institute
corporation and shall be made immediately available to the corporation for
its production, education and operations programs in carrying out the
provisions of this article. The transfer of such inventory shall be
conducted in consultation with the empire state performing arts center, and
shall be subject to the approval of the commissioner of the office of
general services.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 10
INSTITUTE FOR THE HUDSON RIVER COLLECTION
Section 10.01. Legislative findings and declaration of intent.
10.03. Definitions.
10.05. Institute for the Hudson River Collection; creation;
board of directors; governance.
10.07. Objectives.
10.09. Reports.
10.11. Assistance of other agencies.
10.13. Additional considerations in fulfilling its responsibil-
ities.
S 10.01. Legislative findings and declaration of intent. The
legislature hereby finds and declares that the Hudson river area of New
York state, which includes that area of the state adjacent to the Hudson
river and extending from the Adirondack Mountains to the tip of
Manhattan Island in the city of New York, is unique for its contribution
to the arts, culture, history and heritage of this state, this nation
and the world.
It is further found and declared that efforts to identify and conserve
the literary and visual arts record of the Hudson river valley; to
maintain and make accessible the artistic and cultural materials that
document the heritage of this area; to support research, publications,
educational programs and to promote contemporary artistic works
interpreting the cultural and natural history of the area; and to
facilitate statewide, interstate and international collaborations and
exchange programs of art, artists and scholars concerning the history,
art and cultural contributions of the area to the state and to the
cultural, historic and artistic life of the country and the world are in
every respect in the public interest and to the benefit of all persons
in this state.
It is hereby declared a policy of the state that there be created the
Institute for the Hudson River Collection with a legislative mandate to
take such actions as are necessary and appropriate to assure the
strengthening, perpetuation and continued availability of the artistic
and cultural heritage of the Hudson river area to this state, the
country and the world.
S 10.03. Definitions. Except as otherwise provided herein and unless the
context shall otherwise require, as used in this article:
1. "Hudson river area" or "Hudson river valley" means the Hudson river
and adjacent areas between the Adirondack Mountains and the tip of
Manhattan Island in the city of New York.
2. "Institute" means the Institute for the Hudson River Collection
created by this article.
3. "State agency" means any state board, body, bureau, commission,
council, department, public authority, public corporation, division, office
or other governmental entity performing a governmental or proprietary
function for the state.
S 10.05. Institute for the Hudson River Collection; creation; board of
directors; governance. 1. The Institute for the Hudson River Collection is
hereby established under the jurisdiction of the New York state museum of
the state education department.
2. The institute shall consist of fifteen members. Nine of such members
shall be appointed by the governor by and with the advice and consent of
the senate, two of whom shall be the commissioner of parks, recreation and
historic preservation, and the chairman of the New York state council on
the arts or his or her representative, two of whom shall be so appointed on
recommendation of the temporary president of the senate, two on
recommendation of the speaker of the assembly, one on recommendation of the
minority leader of the senate and one on recommendation of the minority
leader of the assembly. Each member so appointed shall be representative
of those educational and cultural institutions of the state that hold
significant collections or conduct continuing research and education
programs on the cultural and natural history of the Hudson river area. The
commissioner of education shall be a member and shall serve as chairman of
the institute. Five of such members shall be appointed by the board of
regents in consultation with the commissioner of education.
3. The term of each member appointed by the governor shall be for three
years provided, however, that of the members first appointed (a) the
members first appointed on recommendation of the temporary president of the
senate and the speaker of the assembly shall be for terms ending December
thirty-first, nineteen hundred ninety, provided however that persons first
so appointed after December thirty-first, nineteen hundred ninety, shall be
appointed for terms ending December thirty-first, nineteen hundred
ninety-three; and (b) the persons appointed on recommendation of the
minority leader of the senate and the minority leader of the assembly shall
be appointed for terms ending December thirty-first, nineteen hundred
eighty-nine, provided however that persons first so appointed after
December thirty-first, nineteen hundred eighty-nine, shall be appointed for
terms ending December thirty-first, nineteen hundred ninety-two. Vacancies
shall be filled for the unexpired terms in the same manner as the original
appointment. The commissioners of parks, recreation and historic
preservation and education and the chairman of the New York state council
on the arts shall serve only during his tenure as such official.
4. Members shall receive no compensation for their services but shall be
allowed their reasonable expenses actually and necessarily incurred in the
performance of their duties, within the funds available from appropriations
made pursuant to section ninety-two-q of the state finance law. No member
shall be disqualified from holding any other public office or employment by
reason of such person`s appointment or service as a member notwithstanding
the provisions of any other law to the contrary.
5. The institute shall conduct at least four regular meetings a year at
such times and places as may be fixed by it.
6. Eight members shall constitute a quorum for the transaction of
business and, unless a greater number is required by the by-laws, the
institute shall exercise its powers and duties by a vote of the majority of
the total members of the commission then serving.
7. The institute shall adopt by-laws governing the calling and conduct of
its meetings and all other matters relating to its organization and
internal operations.
S 10.07. Objectives. The Institute for the Hudson River Collection
shall:
1. Take steps to develop, enhance, stimulate and facilitate public and
private study and appreciation and interpretation of the heritage, legacy
and patrimony of the Hudson river area.
2. Support research, publications, educational programs and artistic
works interpreting the cultural and natural history of the Hudson river
valley and advise and assist any state department, board, bureau,
commission or other agency, or political subdivision of the state, in the
preparation and distribution of publications by such agencies concerning
the Hudson river area.
3. Facilitate statewide, interstate and international collaborations and
exchange programs of art, artists and scholars on the Hudson river school
of painting and the art history of the Hudson river valley.
4. Maintain and make accessible a comprehensive record of the artistic
and cultural materials that document the heritage of the Hudson river
valley.
5. Contract with other cultural institutions for the management of
projects which it initiates or facilitates.
6. Accept and disburse private and public grants, gifts, contributions
and bequests made in furtherance of its purposes.
7. Conduct such surveys as may be necessary, required or appropriate of
the public and private institutions and individuals engaged in cultural and
artistic activities in the Hudson river area, and make recommendations on
means to encourage and expand public and private interest in the Hudson
river area.
8. Hold public hearings on matters pertinent or appropriate to its
purposes.
9. Enter into contracts, within the amounts appropriated therefor
pursuant to section ninety-two-q of the state finance law, with
individuals, organizations and institutions for cooperative endeavors
furthering the cultural and artistic interests of the Hudson river area and
the objectives stated in this article.
10. Establish a New York state Hudson river art collection composed of
public and private holdings. The institute shall catalogue works of art in
the New York state Hudson river art collection.
11. Make and sign any agreements and do and perform any acts necessary,
desirable or appropriate to carry out the purposes of this article.
S 10.09. Reports. Not later than February first of each year the
institute shall report to the governor and the legislature on the needs,
opportunities and priorities for development of its programs.
S 10.11. Assistance of other agencies. The institute may request and
shall receive from any state agency or political subdivision of the state,
and the same are authorized to provide, such assistance and information as
will enable it to carry out its purposes and duties pursuant to this
article.
S 10.13. Additional considerations in fulfilling its responsibilities. In
fulfilling its responsibilities under this article, the institute shall
additionally:
1. Give consideration to the likelihood of any project undertaken to
attract or enhance tourism through a greater appreciation of the artistic
and cultural heritage of the Hudson river area.
2. Encourage the appreciation of the Hudson river area by individual
artists.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE C
TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 11
DEFINITIONS
Section 11.01. Definitions.
S 11.01. Definitions. As used in this title:
1. "Artist" means the creator of a work of fine art or, in the case of
multiples, the person who conceived or created the image which is contained
in or which constitutes the master from which the individual print was
made.
2. "Art merchant" means a person who is in the business of dealing,
exclusively or non-exclusively, in works of fine art or multiples, or a
person who by his occupation holds himself out as having knowledge or skill
peculiar to such works, or to whom such knowledge or skill may be
attributed by his employment of an agent or other intermediary who by his
occupation holds himself out as having such knowledge or skill. The term
"art merchant" includes an auctioneer who sells such works at public
auction, and except in the case of multiples, includes persons, not
otherwise defined or treated as art merchants herein, who are consignors or
principals of auctioneers.
3. "Author" or "authorship" refers to the creator of a work of fine art or
multiple or to the period, culture, source or origin, as the case may be,
with which the creation of such work is identified in the description of
the work.
4. "Creditors" means "creditor" as defined in subdivision twelve of
section 1-201 of the uniform commerical code.
5. "Counterfeit" means a work of fine art or multiple made, altered or
copied, with or without intent to deceive, in such manner that it appears
or is claimed to have an authorship which it does not in fact possess.
6. "Certificate of authenticity" means a written statement by an art
merchant confirming, approving or attesting to the authorship of a work of
fine art or multiple, which is capable of being used to the advantage or
disadvantage of some person.
7. "Conservation" means acts taken to correct deterioration and alteration
and acts taken to prevent, stop or retard deterioration.
8. "Craft" means a functional or non-functional work individually
designed, and crafted by hand, in any medium including but not limited to
textile, tile, paper, clay, glass, fiber, wood, metal or plastic; provided,
however, that if produced in multiples, craft shall not include works mass
produced or produced in other than a limited edition.
9. "Fine art" means a painting, sculpture, drawing, or work of graphic
art, and print, but not multiples.
10. "Limited edition" means works of art produced from a master, all of
which are the same image and bear numbers or other markings to denote the
limited production thereof to a stated maximum number of multiples, or are
otherwise held out as limited to a maximum number of multiples.
11. "Master" when used alone is used in lieu of and means the same as
such things as printing plate, stone, block, screen, photographic negative
or other like material which contains an image used to produce visual art
objects in multiples, or in the case of sculptures, a mold, model, cast,
form or other prototype, other than from glass, which additional multiples
of sculpture are produced, fabricated or carved.
12. "On consignment" means that no title to, estate in, or right to
possession of, the work of fine art or multiple that is superior to that of
the consignor vests in the consignee, notwithstanding the consignee`s power
or authority to transfer or convey all the right, title and interest of the
consignor, in and to such work, to a third person.
13. "Person" means an individual, partnership, corporation, association or
other group, however organized.
14. "Print" in addition to meaning a multiple produced by, but not limited
to, such processes as engraving, etching, woodcutting, lithography and
serigraphy, also means multiples produced or developed from photographic
negatives, or any combination thereof.
15. "Proofs" means multiples which are the same as, and which are produced
from the same masters as, the multiples in a limited edition, but which,
whether so designated or not, are set aside from and are in addition to the
limited edition to which they relate.
16. "Reproduction" means a copy, in any medium, of a work of fine art,
that is displayed or published under circumstances that, reasonably
construed, evinces an intent that it be taken as a representation of a work
of fine art as created by the artist.
17. "Reproduction right" means a right to reproduce, prepare derivative
works of, distribute copies of, publicly perform or publicly display a work
of fine art.
18. "Sculpture" means a three-dimensional fine art object produced,
fabricated or carved in multiple from a mold, model, cast, form or other
prototype, other than from glass, sold, offered for sale or consigned in,
into or from this state for an amount in excess of fifteen hundred dollars.
19. "Signed" means autographed by the artist`s own hand, and not by
mechanical means of reproduction, after the multiple was produced, whether
or not the master was signed or unsigned.
20. "Visual art multiples" or "multiples" means prints, photographs,
positive or negative, sculpture and similar art objects produced in more
than one copy and sold, offered for sale or consigned in, into or from this
state for an amount in excess of one hundred dollars exclusive of any frame
or in the case of sculpture, an amount in excess of fifteen hundred
dollars. Pages or sheets taken from books and magazines and offered for
sale or sold as visual art objects shall be included, but books and
magazines are excluded.
21. "Written instrument" means a written or printed agreement, bill of
sale, invoice, certificate of authenticity, catalogue or any other written
or printed note or memorandum or label describing the work of fine art or
multiple which is to be sold, exchanged or consigned by an art merchant.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 12
ARTIST-ART MERCHANT RELATIONSHIPS
Section 12.01. Artist-art merchant relationships.
12.03. Exemption from seizure.
S 12.01. Artist-art merchant relationships. 1. Notwithstanding any
custom, practice or usage of the trade, any provision of the uniform
commercial code or any other law, statute, requirement or rule, or any
agreement, note, memorandum or writing to the contrary:
(a) Whenever an artist or craftsperson, his heirs or personal
representatives, delivers or causes to be delivered a work of fine art,
craft or a print of his own creation to an art merchant for the purpose
of exhibition and/or sale on a commission, fee or other basis of
compensation, the delivery to and acceptance thereof by the art merchant
establishes a consignor/consignee relationship as between such artist or
craftsperson and such art merchant with respect to the said work, and:
(i) such consignee shall thereafter be deemed to be the agent of such
consignor with respect to the said work;
(ii) such work is trust property in the hands of the consignee for the
benefit of the consignor;
(iii) any proceeds from the sale of such work are trust funds in the
hands of the consignee for the benefit of the consignor;
(iv) such work shall remain trust property notwithstanding its
purchase by the consignee for his own account until the price is paid in
full to the consignor; provided that, if such work is resold to a bona
fide third party before the consignor has been paid in full, the resale
proceeds are trust funds in the hands of the consignee for the benefit
of the consignor to the extent necessary to pay any balance still due to
the consignor and such trusteeship shall continue until the fiduciary
obligation of the consignee with respect to such transaction is
discharged in full; and
(v) no such trust property or trust funds shall be subject or
subordinate to any claims, liens or security interest of any kind or
nature whatsoever.
(b) Waiver of any provision of this section is absolutely void except
that a consignor may lawfully waive the provisions of clause (iii) of
paragraph (a) of this subdivision, if such waiver is clear, conspicuous,
in writing and subscribed by the consignor, provided:
(i) no such waiver shall be valid with respect to the first two
thousand five hundred dollars of gross proceeds of sales received in any
twelve-month period commencing with the date of the execution of such
waiver;
(ii) no such waiver shall be valid with respect to the proceeds of a
work initially received on consignment but subsequently purchased by the
consignee directly or indirectly for his own account; and
(iii) no such waiver shall inure to the benefit of the consignee`s
creditors in any manner which might be inconsistent with the consignor`s
rights under this subdivision.
(c) proceeds from the sale of consigned works covered by this section
shall be deemed to be revenue from the sale of tangible goods and not
revenue from the provision of services to the consignor or others,
except that the provisions of this paragraph shall not apply to proceeds
from the sale of consigned works sold at public auction.
2. Nothing in this section shall be construed to have any effect upon
any written or oral contract or arrangement in existence prior to
September first, nineteen hundred sixty-nine or to any extensions or
renewals thereof except by the mutual written consent of the parties
thereto.
S 12.03. Exemption from seizure. No process of attachment, execution,
sequestration, replevin, distress or any kind of seizure shall be served
or levied upon any work of fine art while the same is enroute to or
from, or while on exhibition or deposited by a nonresident exhibitor at
any exhibition held under the auspices or supervision of any museum,
college, university or other nonprofit art gallery, institution or
organization within any city or county of this state for any cultural,
educational, charitable or other purpose not conducted for profit to the
exhibitor, nor shall such work of fine art be subject to attachment,
seizure, levy or sale, for any cause whatever in the hands of the
authorities of such exhibition or otherwise.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 13
EXPRESS WARRANTIES
Section 13.01. Express warranties.
13.03. Falsifying certificates of authenticity or
any similar written
instrument.
13.05. Express warranties for multiples.
13.07. Construction.
S 13.01. Express warranties. Notwithstanding any provision of any
other law to the contrary:
1. Whenever an art merchant, in selling or exchanging a work of fine
art, furnishes to a buyer of such work who is not an art merchant a
certificate of authenticity or any similar written instrument it:
(a) Shall be presumed to be part of the basis of the bargain; and
(b) Shall create an express warranty for the material facts stated as
of the date of such sale or exchange.
2. Except as provided in subdivision four of this section, such
warranty shall not be negated or limited provided that in construing the
degree of warranty, due regard shall be given the terminology used and
the meaning accorded such terminology by the customs and usage of the
trade at the time and in the locality where the sale or exchange took
place.
3. Language used in a certificate of authenticity or similar written
instrument, stating that:
(a) The work is by a named author or has a named authorship, without
any limiting words, means unequivocally, that the work is by such named
author or has such named authorship;
(b) The work is "attributed to a named author" means a work of the
period of the author, attributed to him, but not with certainty by him;
or
(c) The work is of the "school of a named author" means a work of the
period of the author, by a pupil or close follower of the author, but
not by the author.
4. (a) An express warranty and disclaimers intended to negate or limit
such warranty shall be construed wherever reasonable as consistent with
each other but subject to the provisions of section 2-202 of the uniform
commercial code on parol or extrinsic evidence, negation or limitation
is inoperative to the extent that such construction is unreasonable.
(b) Such negation or limitation shall be deemed unreasonable if:
(i) the disclaimer is not conspicuous, written and apart from the
warranty, in words which clearly and specifically apprise the buyer that
the seller assumes no risk, liability or responsibility for the material
facts stated concerning such work of fine art. Words of general
disclaimer are not sufficient to negate or limit an express warranty; or
(ii) the work of fine art is proved to be a counterfeit and this was
not clearly indicated in the description of the work; or
(iii) the information provided is proved to be, as of the date of sale
or exchange, false, mistaken or erroneous.
S 13.03. Falsifying certificates of authenticity or any similar written
instrument. A person who, with intent to defraud, deceive or injure
another, makes, utters or issues a certificate of authenticity or any
similar written instrument for a work of fine art attesting to material
facts which the work does not in fact possess is guilty of a class A
misdemeanor.
S 13.05. Express warranties for multiples. 1. When an art merchant
furnishes the name of the artist of a multiple, or otherwise furnishes
information required by this title for any time period as to
transactions including offers, sales or consignments, the provisions of
section 13.01 of this article shall apply except that said section shall
be deemed to include sales to art merchants. The existence of a
reasonable basis in fact for information warranted shall not be a
defense in an action to enforce such warranty, except in the case of
photographs produced prior to nineteen hundred fifty, and multiples
produced prior to nineteen hundred.
2. The provisions of subdivision four of section 13.01 of this article
shall apply when an art merchant disclaims knowledge as to a multiple
about which information is required by this title, provided that in
addition, such disclaimer shall be ineffective unless clearly,
specifically and categorically stated as to each item of information and
contained in the physical context of other language setting forth the
required information as to a specific multiple.
S 13.07. Construction. 1. The rights and liabilities created by this
article shall be construed to be in addition to and not in substitution,
exclusion or displacement of other rights and liabilities provided by
law, including the law of principal and agent, except where such
construction would, as a matter of law, be unreasonable.
2. No art merchant who, as buyer, is excluded from obtaining the
benefits of an express warranty under this article shall thereby be
deprived of the benefits of any other provision of law.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 14
WORKS OF FINE ART; SCULPTURE AND MULTIPLES GENERALLY
Section 14.01. Right to reproduce works of fine art.
14.03. Artists authorship rights.
14.05. Sculpture; identifying mark.
14.06. Sculpture; written records.
14.07. Sculpture; unauthorized cast.
14.08. Violations.
S 14.01. Right to reproduce works of fine art. 1. Whenever a work of
fine art is sold or otherwise transferred by or on behalf of the artist
who created it, or his heirs or personal representatives, the
reproduction right thereto is reserved to the grantor until it passes
into the public domain by act or operation of law unless such right is
sooner expressly transferred by an instrument, note or memorandum in
writing signed by the owner of the rights conveyed or his duly
authorized agent.
2. Whenever an exclusive or non-exclusive conveyance of any
reproduction right is made by the holder of such right, or his duly
authorized agent, ownership of the physical work of fine art shall be
presumed to remain with and be reserved to the grantor unless expressly
transferred in writing by an instrument, note or memorandum or by other
written means, signed by the grantor or his duly authorized agent.
3. This article shall not apply to the sale, conveyance, donation or
other transfer of the physical work of fine art which does not include a
conveyance of a reproduction right in such work.
4. Nothing herein contained, however, shall be construed to prohibit
the fair use of such work of fine art.
5. Nothing in this section shall operate or be construed to conflict
with any rights or liabilities under federal copyright law.
S 14.03. Artists authorship rights. 1. Except as limited by
subdivision three of this section, on and after January first, nineteen
hundred eighty-five, no person other than the artist or a person acting
with the artist`s consent shall knowingly display in a place accessible
to the public or publish a work of fine art or limited edition multiple
of not more than three hundred copies by that artist or a reproduction
thereof in an altered, defaced, mutilated or modified form if the work
is displayed, published or reproduced as being the work of the artist,
or under circumstances under which it would reasonably be regarded as
being the work of the artist, and damage to the artist`s reputation is
reasonably likely to result therefrom, except that this section shall
not apply to sequential imagery such as that in motion pictures.
2. (a) Except as limited by subdivision three of this section, the
artist shall retain at all times the right to claim authorship, or, for
just and valid reason, to disclaim authorship of such work. The right to
claim authorship shall include the right of the artist to have his or
her name appear on or in connection with such work as the artist. The
right to disclaim authorship shall include the right of the artist to
prevent his or her name from appearing on or in connection with such
work as the artist. Just and valid reason for disclaiming authorship
shall include that the work has been altered, defaced, mutilated or
modified other than by the artist, without the artist`s consent, and
damage to the artist`s reputation is reasonably likely to result or has
resulted therefrom.
(b) The rights created by this subdivision shall exist in addition to
any other rights and duties which may now or in the future be
applicable.
3. (a) Alteration, defacement, mutilation or modification of such work
resulting from the passage of time or the inherent nature of the
materials will not by itself create a violation of subdivision one of
this section or a right to disclaim authorship under subdivision two of
this section; provided such alteration, defacement, mutilation or
modification was not the result of gross negligence in maintaining or
protecting the work of fine art.
(b) In the case of a reproduction, a change that is an ordinary result
of the medium of reproduction does not by itself create a violation of
subdivision one of this section or a right to disclaim authorship under
subdivision two of this section.
(c) Conservation shall not constitute an alteration, defacement,
mutilation or modification within the meaning of this section, unless
the conservation work can be shown to be negligent.
(d) This section shall not apply to work prepared under contract for
advertising or trade use unless the contract so provides.
(e) The provisions of this section shall apply only to works of fine
art or limited edition multiples of not more than three hundred copies
knowingly displayed in a place accessible to the public, published or
reproduced in this state.
4. (a) An artist aggrieved under subdivision one or subdivision two of
this section shall have a cause of action for legal and injunctive
relief.
(b) No action may be maintained to enforce any liability under this
section unless brought within three years of the act complained of or
one year after the constructive discovery of such act, whichever is
longer.
S 14.05. Sculpture; identifying mark. 1. Every sculpture produced,
fabricated or carved in or from this state after January first, nineteen
hundred ninety-one shall contain thereon, in a clear and legible fashion
and in an easily accessible location, a distinctive mark which identifies
the foundry or other production facility at which such sculpture was made,
and the year that such sculpture was made. This section shall also apply to
unique works of sculpture produced, fabricated or carved in this state.
2. It shall be unlawful for a foundry or other production facility (a) to
fail or refuse to affix an identifying mark and the year or (b) to affix a
false identifying mark or incorrect year to any sculpture produced by it.
Notwithstanding any other provision of law, violation of this subdivision
shall be punishable by a civil penalty not to exceed five thousand dollars
for each unlabeled or mislabeled sculpture.
3. It shall be unlawful for any person to deface, mark over or tamper with
the identifying mark and date required by this section to be included on a
sculpture. Notwithstanding any other provision of law, violation of this
subdivision shall be punishable by a civil penalty not to exceed five
thousand dollars for each instance of defacing, marking over or tampering
with such identifying mark or date. Any violation of this subdivision shall
be punishable in accordance with the penal law.
S 14.06. Sculpture; written records. 1. Any foundry or person in this
state producing one or more sculptures for any person subsequent to the
effective date of this article shall prepare, and maintain for a period of
not less than twenty-five years from the date of such production, records
that shall contain all of the information required to be provided pursuant
to subdivisions one and two of section 15.10 of this chapter. Such records
shall be open for inspection by the attorney general during ordinary
business hours upon notice of no less than three business days.
2. A duplicate of the written instrument provided to a purchaser by an art
merchant or art merchant`s agent supplying information pursuant to article
fifteen of this chapter shall be retained by such art merchant and the art
merchant`s agent for a period of not less than ten years from the date of
sale of the work, and shall be similarly considered a certificate of
authenticity subject to the provisions of section 13.03 of this chapter.
S 14.07. Sculpture; unauthorized cast. 1. For purposes of this section an
"unauthorized sculpture cast" shall mean any sculpture created by an artist
which is produced, fabricated, or carved either before or following the
death of such artist without the written permission of the artist or the
estate, heirs, or other legal representative of the artist.
2. It shall be unlawful to produce, offer for sale, sell or consign an
unauthorized sculpture cast, provided, however, that this prohibition shall
not apply where the phrase "THIS IS A REPRODUCTION" is imprinted and
appears in a clear and legible fashion on each such sculpture in the same
location and with the same size lettering as the date and identifying mark
as required by section 14.05 of this article.
S 14.08. Violations. Any violation of the provisions of section 14.05,
14.06 or 14.07 of this article may be enforced by the attorney general in
accordance with the provisions of section 15.17 of this chapter.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 15
SALE OF VISUAL ART OBJECTS AND SCULPTURES PRODUCED IN MULTIPLES
Section 15.01. Full disclosure in the sale of certain visual art objects
produced in multiples.
15.03. Information required.
15.05. Information required; nineteen hundred fifty to January
first, nineteen hundred eighty-two.
15.07. Information required; nineteen hundred to nineteen hundred
forty-nine.
15.09. Information required; pre-nineteen hundred.
15.10. Information required for sculptures.
15.11. Express warranties.
15.13. Construction.
15.15. Remedies and enforcement.
15.17. Enjoining violations.
15.19. Application of the article.
S 15.01. Full disclosure in the sale of certain visual art objects
produced in multiples. 1. An art merchant shall not sell or consign a
multiple in, into or from this state unless a written instrument is
furnished to the purchaser or consignee, at his request, or in any event
prior to a sale or consignment, which sets forth as to each multiple the
descriptive information required by this article for the appropriate time
period. If a prospective purchaser so requests, the information shall be
transmitted to him prior to the payment or placing of an order for a
multiple. If payment is made by a purchaser prior to delivery of such an
art multiple, this information shall be supplied at the time of or prior to
delivery. With respect to auctions, this information may be furnished in
catalogues or other written materials which are readily available for
consultation and purchase prior to sale, provided that a bill of sale,
receipt or invoice describing the transaction is then provided which makes
reference to the catalogue and lot number in which such information is
supplied. Information supplied pursuant to this subdivision shall be
clearly, specifically and distinctly addressed to each item as required by
this article for any time period unless the required data is not
applicable. This section is applicable to transactions by and between
merchants, non-merchants, and others considered art merchants for the
purposes of this article.
2. An art merchant shall not cause a catalogue, prospectus, flyer or other
written material or advertisement to be distributed in, into or from this
state which solicits a direct sale, by inviting transmittal of payment for
a specific multiple, unless it clearly sets forth, in close physical
proximity to the place in such material where the multiple is described,
the descriptive information required by this article for the appropriate
time period. In lieu of this required information, such written material or
advertising may set forth the material contained in the following quoted
passage, or the passage itself, containing terms the nonobservance of which
shall constitute a violation of this article, if the art merchant then
supplies the required information prior to or with delivery of the
multiple:
"Article fifteen of the New York arts and cultural affairs law provides
for disclosure in writing of certain information concerning multiples of
prints and photographs when sold for more than one hundred dollars ($100)
each, exclusive of any frame, and of sculpture when sold for more than
fifteen hundred dollars, prior to effecting a sale of them. This law
requires disclosure of such matters as the identity of the artist, the
artist`s signature, the medium, whether the multiple is a reproduction, the
time when the multiple was produced, use of the master which produced the
multiple, and the number of multiples in a `limited edition`. If a
prospective purchaser so requests, the information shall be transmitted to
him prior to payment or the placing of an order for a multiple. If payment
is made by a purchaser prior to delivery of such an art multiple, this
information will be supplied at the time of or prior to delivery, in which
case the purchaser is entitled to a refund if, for reasons related to
matter contained in such information, he returns the multiple substantially
in the condition in which received, within thirty days of receiving it. In
addition, if after payment and delivery, it is ascertained that the
information provided is incorrect the purchaser may be entitled to certain
remedies."
This requirement is not applicable to general written material or
advertising which does not constitute an offer to effect a specific sale.
3. In each place of business in the state where an art merchant is
regularly engaged in sales of multiples, the art merchant shall post in a
conspicuous place, a sign which, in a legible format, contains the
information included in the following passage:
"Article fifteen of the New York arts and cultural affairs law provides
for the disclosure in writing of certain information concerning prints,
photographs and sculpture. This information is available to you in
accordance with that law."
S 15.03. Information required. The following information shall be
supplied, as indicated, as to each multiple produced on or after January
first, nineteen hundred eighty-two:
1. Artist. State the name of the artist.
2. Signature. If the artist`s name appears on the multiple, state
whether the multiple was signed by the artist. If not signed by the
artist then state the source of the artist`s name on the multiple, such
as whether the artist placed his signature on the master, whether his
name was stamped or estate stamped on the multiple, or was from some
other source or in some other manner placed on the multiple.
3. Medium or process. (a) Describe the medium or process, and where
pertinent to photographic processes the material, used in producing the
multiple, such as whether the multiple was produced through etching,
engraving, lithographic, serigraphic or a particular method and/or
material used in the photographic developing processes. If an
established term, in accordance with the usage of the trade, cannot be
employed accurately to describe the medium or process, a brief, clear
description shall be made.
(b) If the purported artist was deceased at the time the master was
made which produced the multiple, this shall be stated.
(c) If the multiple or the image on or in the master constitutes a
mechanical, photomechanical, hand-made or photographic type of
reproduction, or is a reproduction, of an image produced in a different
medium, for a purpose other than the creation of the multiple being
described, this information and the respective mediums shall be stated.
(d) If paragraph (c) of this subdivision is applicable, and the
multiple is not signed, state whether the artist authorized or approved
in writing the multiple or the edition of which the multiple being
described is one.
4. Use of master. (a) If the multiple is a "posthumous" multiple, that
is, if the master was created during the life of the artist but the
multiple was produced after the artist`s death, this shall be stated.
(b) If the multiple was made from a master which produced a prior
limited edition, or from a master which constitutes or was made from a
reproduction of a prior multiple or of a master which produced prior
multiples, this shall be stated.
5. Time produced. As to multiples produced after nineteen hundred
forty-nine, state the year or approximate year the multiple was
produced. As to multiples produced prior to nineteen hundred fifty,
state the year, approximate year or period when the master was made
which produced the multiple and/or when the particular multiple being
described was produced. The requirements of this subdivision shall be
satisfied when the year stated is approximately accurate.
6. Size of the edition. (a) If the multiple being described is offered
as one of a limited edition, this shall be so stated, as well as the
number of multiples in the edition, and whether and how the multiple is
numbered.
(b) Unless otherwise disclosed, the number of multiples stated
pursuant to paragraph (a) of this subdivision shall constitute an
express warranty, as defined in section 13.01 of this title, that no
additional numbered multiples of the same image, exclusive of proofs,
have been produced.
(c) The number of multiples stated pursuant to paragraph (a) of this
subdivision shall also constitute an express warranty, as defined in
section 13.01 of this title, that no additional multiples of the same
image, whether designated "proofs" other than trial proofs, numbered or
otherwise, have been produced in an amount which exceeds the number in
the limited edition by twenty or twenty percent, whichever is greater.
(d) If the number of multiples exceeds the number in the stated
limited edition as provided in paragraph (c) of this subdivision, then
state the number of proofs other than trial proofs, or other numbered
or unnumbered multiples, in the same or other prior editions, produced
from the same master as described in paragraph (b) of subdivision four
of this section, and whether and how they are signed and numbered.
S 15.05. Information required; nineteen hundred fifty to January
first, nineteen hundred eighty-two. The information which shall be
supplied as to each multiple produced during the period from nineteen
hundred fifty to January first, nineteen hundred eighty-two, shall
consist of the information required by section 15.03 of this article
except for paragraph (d) of subdivision three, paragraph (b) of
subdivision four and paragraphs (c) and (d) of subdivision six of such
section.
S 15.07. Information required; nineteen hundred to nineteen hundred
forty-nine. The information which shall be supplied as to each multiple
produced during the period from nineteen hundred through nineteen
hundred forty-nine shall consist of the information required by section
15.03 of this article except for paragraphs (b), (c) and (d) of
subdivision three and subdivisions four and six of such section.
S 15.09. Information required; pre-nineteen hundred. The information
which shall be supplied as to each multiple produced prior to nineteen
hundred shall consist of the information required by section 15.03 of
this article except for subdivision two, paragraphs (b), (c) and (d) of
subdivision three and subdivisions four and six of such section 15.03.
S 15.10. Information required for sculptures. 1. The following information
shall be supplied as indicated in a written instrument as to each multiple
produced, fabricated or carved, on or after January first, nineteen hundred
ninety-one:
(a) Artist. State the name of the artist.
(b) Title. State the title of the sculpture.
(c) Foundry. State the name, if known, of the foundry which or person who
produced, fabricated or carved the sculpture.
(d) Medium. Describe the medium or process used in producing the multiple.
If an established term, in accordance with the usage of the trade, cannot
be employed accurately to describe the medium or process, a brief, clear
description shall be made.
(e) Dimensions. State the dimensions of the sculpture.
(f) Time produced. State the year the sculpture was cast, fabricated or
carved.
(g) Number cast. State the number of sculpture casts, according to the
best information available, produced or fabricated or carved as of the date
of the sale.
(h) If the purported artist was deceased at the time the sculpture was
produced, this shall be stated.
(i) Use of master. State whether the sculpture is authorized by the artist
or, if produced after the artist`s death, whether it was authorized in
writing by the artist or by the estate, heirs or other legal
representatives of the artist. In the event of a sale after the initial
sale, the art merchant may disclose in writing evidence of such reasonable
inquiries as have been made pursuant to subdivision two of section 15.15 of
this article and any information imparted as may be relevant in fulfilling
the intent of this paragraph.
2. For limited edition sculpture produced on or after January first,
nineteen hundred ninety-one, in addition to the information required to be
provided pursuant to subdivision one of this section, the following items
of information shall also be provided to the purchaser in a written
instrument:
(a) whether and how the sculpture and the edition is numbered;
(b) the size of the edition or proposed edition and the size of any prior
edition or editions of the same sculpture, regardless of the color or
material used;
(c) whether additional sculpture casts have been produced in excess of the
stated size of the edition or proposed edition and, if so, the total number
of such excess casts produced or proposed to be produced and whether and
how they are or will be numbered according to the stated intention of the
artist or a statement that the artist has not disclosed his intention about
the number of additional casts or their numbering. Additional sculpture
casts shall include all casts from the same master regardless of their
color, material or size; and
(d) whether the artist has stated in writing a limitation on the number of
additional sculpture casts to be produced in excess of the stated size of
the edition or proposed edition and, if so, the total number of such excess
casts produced or proposed to be produced and whether and how they are or
will be numbered according to the stated intention of the artist or the
estate, heirs or other legal representatives of the artist or a statement
that the artist has not disclosed his intention about the number of
additional casts or their numbering. Additional sculpture casts shall
include all casts from the same master regardless of their color, material
or size.
3. For copies of sculpture not made from the master and produced after
January first, nineteen hundred ninety-one, in addition to the information
required to be provided pursuant to subdivisions one and two of this
section, the following items of information shall also be provided to the
purchaser in a written instrument:
(a) the means by which the copy was made;
(b) whether the copy was authorized by the artist or the estate, heirs or
other legal representatives of the artist; and
(c) whether the copy is of the same material and size as the master.
S 15.11. Express warranties. Information provided pursuant to the
provisions of this article shall create an express warranty pursuant to
section 13.05 of this title. When such information is not supplied
because not applicable, this shall constitute an express warranty that
such required information is not applicable.
S 15.13. Construction. 1. The rights, liabilities and remedies created
by this article shall be construed to be in addition to and not in
substitution, exclusion or displacement of other rights, liabilities and
remedies provided by law, except where such construction would, as a
matter of law, be unreasonable.
2. Whenever an artist sells or consigns a multiple of his own
creation, the artist shall incur the obligations prescribed by this
article for an art merchant, but an artist shall not otherwise be
regarded as an art merchant.
3. An artist or merchant who consigns a multiple to a merchant for the
purpose of effecting a sale of the multiple shall have no liability to a
purchaser under this article if such consignor, as to the consignee, has
complied with the provisions of this article.
4. When a merchant has agreed to sell a multiple on behalf of a
consignor, who is not an art merchant, or when an artist has not
consigned a multiple to a merchant, but the merchant has agreed to act
as the agent for an artist for the purpose of supplying the information
required by this article, such merchant shall incur liabilities of other
merchants prescribed by this article as to a purchaser.
5. When an art merchant or merchant is liable to a purchaser pursuant
to the provisions of this article, as a result of providing information
in the situations referred to above in this section, as well as when
such a merchant purchased such a multiple from another merchant, if the
merchant or art merchant can establish that his liability results from
incorrect information which was provided by the consignor, artist or
merchant to him in writing, the merchant who is liable in good faith
relied on such information, the consignor, artist or merchant shall
similarly incur such liabilities as to the purchaser and such merchant.
S 15.15. Remedies and enforcement. 1. An art merchant, including a
merchant consignee, who offers or sells a multiple in, into or from this
state without providing the information required by this article for the
appropriate time period, or who provides required information which is
mistaken, erroneous or untrue, except for harmless errors such as
typographical errors, shall be liable to the purchaser to whom the
multiple was sold. The merchant`s liability shall consist of the
consideration paid by the purchaser with interest from the time of
payment at the rate prescribed by section five thousand four of the
civil practice law and rules or any successor provisions thereto, upon
the return of the multiple in substantially the same condition in which
received by the purchaser. This remedy shall not bar or be deemed
inconsistent with a claim for damages or with the exercise of additional
remedies otherwise available to the purchaser.
2. In any proceeding in which an art merchant relies upon a disclaimer
of knowledge as to any relevant information required by this article for
the appropriate time period, such disclaimer shall be effective only if
it complies with the provisions of section 13.05 of this title, unless
the claimant is able to establish that the merchant failed to make
reasonable inquiries, according to the custom and usage of the trade, to
ascertain the relevant information or that such relevant information
would have been ascertained as a result of such reasonable inquiries.
3. (a) The purchaser of such a multiple may recover from the art
merchant an amount equal to three times the amount recoverable under
subdivision one of this section if an art merchant offers, consigns or
sells a multiple and:
(i) willfully fails to provide the information required by this
article for the appropriate time period;
(ii) knowingly provides false information; or
(iii) the purchaser can establish that the merchant willfully and
falsely disclaimed knowledge as to any required information.
(b) Pursuant to subparagraphs (i) and (iii) of paragraph (a) of this
subdivision, a merchant may introduce evidence of the relevant usage and
custom of the trade in any proceeding in which such treble damages are
sought. This subdivision shall not be deemed to negate the applicability
of article thirteen of this chapter as to authenticity and article
thirteen is applicable, as to authenticity, to the multiples covered by
the provisions of this article.
4. In any action to enforce any provision of this article, the court
may allow the prevailing purchaser the costs of the action together with
reasonable attorneys` and expert witnesses` fees. In the event, however,
the court determines that an action to enforce was brought in bad faith
it may allow such expenses to the art merchant as it deems appropriate.
5. An action to enforce any liability under this article shall be
brought within the period prescribed for such actions by article two of
the uniform commercial code.
S 15.17. Enjoining violations. Any violation of this article or of section
14.05, 14.06 or 14.07 of this chapter shall be deemed to be unlawful for
the purposes of invoking sections three hundred forty-nine and three
hundred fifty of article twenty-two-A of the general business law, and any
person who engages in repeated violations of this article shall be deemed
to have demonstrated the persistent fraud or illegality necessary to invoke
subdivision twelve of section sixty-three of the executive law. The
attorney general may bring an action pursuant to article twenty-two-A of
the general business law or a proceeding pursuant to subdivision twelve of
section sixty-three of the executive law to enjoin violations of this
article and seek restitution for any person entitled thereto. In any such
action or proceeding, the attorney general may recover, in addition to any
other relief provided in those statutes, a civil penalty of not more than
five hundred dollars to be forfeited to the state, provided, however, that
with respect to actions brought pursuant to this section to which article
twenty-two-A of the general business law applies, the foregoing civil
penalty shall be in lieu of any penalty set forth therein. In connection
with any such proposed action or proceeding, the attorney general is
authorized to take proof and make a determination of the relevant facts,
and to issue subpoenas in accordance with the civil practice law and rules.
S 15.19. Application of the article. This article shall apply to the
visual art objects governed by this article which are sold, offered for
sale, consigned or possessed with intent to sell in, into or from this
state. With respect to such multiples compliance with this article shall
commence six months after January first, nineteen hundred eighty-five.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 16
SEVERABILITY
Section 16.01. Severability.
S 16.01. Severability. Effect of unconstitutionality in part. If any
clause, sentence, paragraph, subdivision, section or part of this title
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE D
REGULATION OF PUBLIC ENTERTAINMENTS
OR EXHIBITIONS BY CINEMATOGRAPH
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 19
PUBLIC ENTERTAINMENTS OR EXHIBITIONS BY CINEMATOGRAPH
OR ANY OTHER APPARATUS FOR PROJECTING MOVING PICTURES
Section 19.01. Fireproof booth for cinematograph or any other apparatus for
projecting moving pictures.
19.03. Construction of booth; approval of plans and specifications.
19.05. This article not retroactive under certain conditions.
19.07. Inspection; certificate for permanent booths.
19.09. Portable booth for temporary exhibitions.
19.11. Exemption and requirements for miniature cinematograph machines.
19.13. Inspection; certificate for portable booths and miniature
cinematograph machines.
19.15. Penalty for violating this article.
S 19.01. Fireproof booth for cinematograph or any other apparatus
for projecting moving pictures. No cinematograph or any other apparatus
for projecting moving pictures, save as excepted in sections 19.05 and
19.09 of this article, which apparatus uses combustible films of more
than ten inches in length, shall be set up for use or used in any
building, place of public assemblage or entertainment, unless such
apparatus for the projecting of moving pictures shall be inclosed
therein in a booth or inclosure constructed of concrete, brick, hollow
tile or other approved fireproof material or any approved fireproof
framework covered or lined with asbestos board, or with some other
approved fire resisting material, and unless such booth shall have been
constructed as provided in section 19.03 of this article and the
certificate provided in section 19.07 of this article shall have been
issued to the owner or lessee of the premises wherein such booth is
situated.
S 19.03. Construction of booth; approval of plans and
specifications. The booths provided for in section 19.01 of this
article shall be constructed according to plans and specifications which
shall have been first approved, in a city, by the mayor or chief
executive officer of the city department having supervision of the
erection of buildings in such city; in a village, by the mayor of such
village; in a town outside the boundaries of a city or village, by the
supervisor of such town. Provided, however, that no plans and
specifications for the construction of such booths shall be approved by
any public official, unless the following requirements are substantially
provided for in such plans and specifications:
1. Dimensions. Such booths shall be at least six feet in height.
If one machine is to be operated in such booth the floor space shall be
not less than forty-eight square feet. If more than one machine is to
be operated therein, an additional twenty-four square feet shall be
provided for each such additional machine.
2. General specifications. In case such booth is not constructed
of concrete, brick, hollow tile or other approved fireproof material
than asbestos, such booth shall be constructed with an angle framework
of approved fireproof material, the angles to be not less than one and
one-quarter inches by three-sixteenths of an inch thick, the adjacent
members being joined firmly with angle plates of metal. The angle
members of the framework shall be spaced not more than four feet apart
on the sides and not more than three feet apart on the front and back
and top of such booth. The sheets of asbestos board or other approved
fire-resisting material shall be at least one-quarter of an inch in
thickness and shall be securely attached to the framework by means of
metal bolts and rivets. The fire-resisting material shall completely
cover the sides, top and all joints of such booth. The floor space
occupied by the booth shall be covered with fire-resisting material not
less than three-eighths of an inch in thickness. The booth shall be
insulated so that it will not conduct electricity to any other portion
of the building. There shall be provided for the booth a door not less
than two feet wide and five feet ten inches high, consisting of an angle
frame of approved fireproof material covered with sheets of approved
fireproof material one-quarter of an inch thick, and attached to the
framework of the booth by hinges, in such a manner that the door shall
be kept closed at all times, when not used for ingress or egress.
The operating windows, one for each machine to be operated therein
and one for the operator thereof, shall be no larger than reasonably
necessary, to secure the desired service, and shutters of approved
fireproof material shall be provided for each window. When the windows
are open, the shutters shall be so suspended and arranged that they will
automatically close the window openings, upon the operating of some
suitable fusible or mechanical releasing device.
Where a booth is so built that it may be constructed to open
directly on the outside of the building through a window, such window
shall be permitted for the comfort of the operator, but such booth shall
not be exempted from the requirement of the installation of a vent flue
as hereinafter prescribed. Said booth shall contain an approved
fireproof box for the storage of films not on the projecting machine.
Films shall not be stored in any other place on the premises; they shall
be rewound and repaired either in the booth or in some other fireproof
inclosure. The booth in which the picture machine is operated shall be
provided with an opening or vent flue in its roof or upper part of its
side wall leading to the outdoor air. The vent flue shall have a
minimum cross-sectional area of fifty square inches and shall be
fireproof. When the booth is in use there shall be a constant current
of air passing outward through said opening or vent flue at the rate of
not less than thirty cubic feet per minute.
S 19.05. This article not retroactive under certain conditions.
Sections 19.01 and 19.03 of this article shall not be retroactive for any
booth approved by the appropriate public authority or official prior to
March third, nineteen hundred forty-one, provided such booth have or be so
reconstructed of the same material as to have dimensions as specified in
section 19.03 of this article; provided such booth conform to the
specification of section 19.03 of this article as regards vent flue, box
for storage of films, specifications for rewinding and repairing films and
specifications for windows and doors, and provided such booth be of rigid
fireproof material, and be insulated so as not to conduct electricity to
any other part of the building and be so separated from any adjacent
combustible material as not to communicate fire through intense heat in
case of combustion within the booth.
S 19.07. Inspection; certificate for permanent booths. After the
construction of such booth shall have been completed, the public officer
charged herein with the duty of passing upon the plans and specifications
therefor shall within three days after receipt of notice in writing that
such booth has been completed cause such booth to be inspected. If the
provisions of sections 19.01 and 19.03 of this article have been complied
with, such public officer shall issue to the owner or lessee of the
premises wherein such booth is situated a certificate stating that the
provisions of sections 19.01 and 19.03 of this article have been complied
with.
S 19.09. Portable booth for temporary exhibitions. Where motion
pictures are exhibited daily for not more than one month, or not more often
than three times a week, in educational or religious institutions or bona
fide social, scientific, political or athletic clubs, a portable booth may
be substituted for the booth required in sections 19.01 and 19.03 of this
article. Such booth shall have a height of not less than six feet and an
area of not less than twenty square feet and shall be constructed of
asbestos board, sheet steel of no less gauge than twenty-four; or some
other approved fireproof material. Such portable booth shall conform to
the specifications of section 19.03 of this article with reference to
windows and door, but not with reference to vent flues. The floor of such
booth shall be elevated above the permanent support on which it is placed
by a space of at least one-half inch, sufficient to allow the passage of
air between the floor of the booth and the platform on which the booth
rests, and the booth shall be insulated so that it will not conduct
electricity to any other portion of the building.
S 19.11. Exemption and requirements for miniature cinematograph
machines. The above sections, 19.01, 19.03, 19.05, 19.07 and 19.09,
referring to permanent and portable booths, shall not apply to:
1. Any miniature motion picture machine in which the maximum electric
current used for the light shall be three hundred and fifty watts. Such
miniature machine shall be operated in an approved box of fireproof
material constructed with a fusible link or other approved releasing device
to close instantaneously and completely in case of combustion within the
box. The light in said miniature machine shall be completely inclosed in a
metal lantern box covered with an unremovable roof;
2. The use or operation of any so-called miniature motion picture
apparatus which uses only an enclosed incandescent electric lamp and
approved acetate of cellulose or slow burning films, and is of such
construction that films ordinarily used on full-size commercial picture
apparatus cannot be used therewith.
S 19.13. Inspection; certificate for portable booths and miniature
cinematograph machines. Before moving pictures shall be exhibited with a
portable booth, under section 19.09 of this article, and before a miniature
machine without a booth shall be used as prescribed in section 19.11 of
this article, there shall be obtained from the appropriate authority, as
defined in section 19.03 of this article, a certificate of approval.
S 19.15. Penalty for violating this article. The violation of any of
the provisions of this article shall constitute a misdemeanor. This
article shall not apply to cities which have local laws or ordinances now
in force which provide for fireproof booths of any kind for moving picture
machines or apparatus, nor to a place of public assembly as defined in
subdivision twelve of section two of the labor law and subject to the
requirements of the labor law and the rules adopted thereunder.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE E
NEW YORK STATE CULTURAL RESOURCES ACT
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 20
NEW YORK STATE CULTURAL RESOURCES ACT
Section 20.01. Short title.
20.03. General definitions.
20.05. Legislative findings and determinations, and statement of
purposes.
20.07. Creation and purposes of a trust.
20.09. Administration of a trust.
20.11. General powers of a trust.
20.13. Special powers of a trust.
20.15. Resources of a trust.
20.17. Bonds and notes of a trust.
20.19. Security for bonds or notes.
20.21. Reserve fund.
20.23. State`s right to require a redemption of bonds.
20.25. Remedies of bondholders and noteholders.
20.27. State and municipalities not liable on bonds and notes.
20.29. Agreement of the state.
20.31. Bonds and notes as legal investments.
20.33. Exemption from taxation.
20.35. Actions by and against a trust.
20.37. Cooperation with the state, counties and municipalities.
20.39. Annual and other reports.
20.41. Construction.
20.43. Inconsistent provisions of other laws superseded.
20.45. Separability.
20.47. Application of law.
S 20.01. Short title. This act shall be known and may be cited as the
"New York State Cultural Resources Act".
S 20.03. General definitions. As used or referred to in this article
and in any special law creating a trust for cultural resources, except
as otherwise provided in such law, the following terms shall have the
following meanings:
1. "Board" or "board of trustees" shall mean the board of trustees of
a trust for cultural resources.
2. "Bonds and notes" shall mean the bonds and notes issued by a trust
for cultural resources.
3. "Combined-use facility" shall mean any structure or improvement and
any adjoining structures or improvements that are or are to be designed
to be and upon completion are used or occupied in part by a
participating cultural institution and in part by other persons who
shall pay tax equivalency payments to the trust pursuant to section
20.13 of this article, any real property used or to be used in
connection therewith, and any and all recreational, educational,
cultural, office, living, rehearsal, parking, restaurant, retail,
storage and other facilities necessary or desirable in connection with
the activities of the participating cultural institution or such other
person.
4. "Convey" shall mean to convey, grant, sell, license, lease, sub-
lease, assign, transfer, or otherwise dispose of real property, and the
term "conveyance" shall mean and include the equivalent noun form of
each such verb included within the meaning of the verb "to convey." The
terms "to convey" or "conveyance" shall not include the creation of a
mortgage or other lien on real property unless such mortgage or lien has
been foreclosed or the mortgagee or lienholder of such mortgage or lien
has taken possession of such real property.
5. "Cultural facility" shall mean any structure, improvement,
furnishing, equipment or other real or personal property that is or is
to be used, owned, or occupied in whole or in part by a participating
cultural institution, including but not limited to museums, performing
arts centers, public television and radio stations, theaters,
auditoriums, libraries, exhibition, performance and rehearsal space,
galleries, artists` and dancers` studios, recording studios, and any and
all recreational, educational, cultural, office, living, rehearsal,
parking, restaurant, retail, storage and other facilities necessary or
desirable in connection with the activities of the participating
cultural institution.
6. "Develop" shall mean to design, construct, acquire, reconstruct,
rehabilitate, expand, modernize, repair or otherwise improve real
property for use or conveyance, and the term "development" shall mean
and include the equivalent noun form of each such verb included within
the meaning of the verb "to develop."
7. "Developer" shall mean any person approved by a trust as being
qualified and eligible to enter into an agreement with a trust for the
development of a combined-use facility or any part or portion thereof or
a cultural facility or any part or portion thereof.
8. "Exempt real property" shall mean real property exempt from real
property taxation pursuant to section four hundred twenty-a or four
hundred twenty-b of the real property tax law.
9. "Governing body" shall mean the board or body in which the general
legislative powers of a municipality or county are vested.
10. "Governor" shall mean the governor of the state.
11. "Institutional portion" shall mean the part or portion of a
combined-use facility that prior to completion is designed to be and
upon completion is used or occupied by a participating cultural
institution. The institutional portion shall include the real property
used or to be used in connection therewith; any and all recreational,
educational, cultural, office, living, rehearsal, parking, restaurant,
retail, storage and other facilities necessary or desirable in
connection with the activities of the participating cultural
institution; and any interest in a combined-use facility which prior to
completion is designed to be and upon completion is owned by, or
conveyed to, a participating cultural institution jointly or in common
with a trust, a developer, or an owner, to the extent of the interest of
such participating cultural institution.
12. "Mayor" shall mean the mayor or highest elected official of a
municipality.
13. "Municipality" shall mean any city in the state having a
population of one million or more people.
14. "County" shall mean any county in the state except a county
located wholly within a city.
15. "Non-institutional portion" shall mean the part or portion of a
combined-use facility other than the institutional portion. If the
non-institutional portion, or any part thereof, consists of a
condominium, the consent of the trust which has developed or approved
the developer of such condominium shall be required prior to any
amendment of the declaration of such condominium pursuant to subdivision
nine of section three hundred thirty-nine-n of the real property law and
prior to any amendment of the by-laws of such condominium pursuant to
paragraph (j) of subdivision one of section three hundred thirty-nine-v
of the real property law, and whether or not such trust is a unit owner
of such condominium, it may exercise the rights of the board of managers
and an aggrieved unit owner under section three hundred thirty-nine-j of
the real property law in the case of a failure of any unit owner of such
condominium to comply with the by-laws of such condominium and with the
rules, regulations, and decisions adopted pursuant thereto.
16. "Owner" shall mean any person, other than a trust for cultural
resources, to whom any real property, consisting of all or any part of
the non-institutional portion of a combined-use facility, or in or on
which all or any part of such portion prior to completion is designed to
be and upon completion is developed, is conveyed.
17. "Participating cultural institution" shall mean a person described
in the special law creating a trust.
18. "Not-for-profit cultural organization" shall mean a not-for-profit
corporation described in the special law creating a trust in any county
and which is able to demonstrate any one of the following three proofs
of not-for-profit status: acceptance of non-profit status by the U. S.
treasury department under section 501 (c) (3) of the U. S. internal
revenue code; filing with the board of regents of the state of New York
pursuant to section two hundred sixteen of the education law; or filing
with the secretary of state under the registration of charitable
organizations, pursuant to section one hundred seventy-two of the
executive law; provided that such organization shall have been
incorporated or shall have made the appropriate filing at least five
years prior to the date on which the trust approves a loan for such
organization.
19. "Person" shall mean an individual, a partnership, an association,
a joint stock company, an unincorporated organization, a trust (as dis-
tinguished from a trust for cultural resources), a corporation,
including any public corporation, any corporation formed other than for
profit and any corporation formed for profit, all as classified and
defined respectively in sections sixty-five and sixty-six of the general
construction law, or a government or political subdivision or agency
thereof.
20. "Real property" shall mean any land, water, structures, buildings,
improvements or any rights or interest therein, including without
limitation air, space or development rights, interests in such property
less than full title, such as permanent or temporary easements,
rights-of-way, franchises, uses, leaseholds, licenses, and all other
incorporeal hereditaments in every legal or equitable estate, interest
or right, and any and all other things and rights usually included
within the term "real property".
21. "Special law" shall mean an act of the legislature creating a
trust for cultural resources pursuant to this article.
22. "State" shall mean the state of New York.
23. "Tax-equivalency payments" shall mean the payments required to be
made pursuant to subdivision three of section 20.13 of this article.
24. "Trust for cultural resources" or "trust" shall mean a public
benefit corporation created by special law.
25. "Trustee" shall mean a member of the board of trustees of a trust
for cultural resources.
S 20.05. Legislative findings and determinations, and statement of
purposes. 1. The legislature hereby finds, determines and declares:
(a) that cultural institutions in the state promote public interest in
and knowledge of the arts and other cultural activities; attract artists
and others with creative talents who live in proximity to and perform
work related to such institutions; and otherwise vitally contribute to
educational, recreational and cultural activities and opportunities of
benefit to the people of the state; and that such institutions provide a
wealth of specialized educational and cultural activities designed for,
among others, students, minority and ethnic populations, senior
citizens, the unemployed, consumers and citizens interested in the
performing arts; and that it is the sense of the legislature that the
contributions of such institutions to the people of New York state have
been exceptional;
(b) that such institutions are essential to the existence of cultural
centers in the state, contribute to the continued existence and growth
in the state of industries related to the arts and other cultural
activities, attract residents of and visitors to the state, including
patrons of the arts, generate substantial tax and other revenues in and
for the state, and otherwise vitally contribute to the economy and tax
base of the state;
(c) that recognizing the importance of and public purpose served by
such institutions, the state has appropriated and expended substantial
funds for and has otherwise supported and assisted such institutions;
(d) that there is a serious shortage of required space and facilities
for the continued existence, proper operation and needed growth of such
institutions and that there is a serious shortage of required modern
equipment, furnishing and installations for the continued existence,
proper operation and needed growth of such institutions;
(e) that owing to inflation, increases in the cost of energy and other
economic forces, operating expenses of many such institutions exceed
revenues from endowments and other sources; sufficient funds to pay
operating expenses and the costs of needed expansion, improvement and
rehabilitation of the space and facilities of such institutions are not
available from the state, municipalities or counties in the state or
other past sources of such funds; and unless corrective action is taken,
the needed expansion, improvement, equipping, furnishing and
rehabilitation of the space and facilities of such institutions will not
be undertaken and such institutions will be required to invade their
endowments and other capital assets to pay operating expenses, thereby
endangering the continued existence and operation of such institutions;
(f) that a public purpose would be served and the interests of the
people of the state would be promoted if the collections, endowments and
other capital assets of such institutions were preserved and expanded;
if continued operation in the state and needed expansion, improvement
and rehabilitation of the space and facilities of such institutions were
encouraged; and if action were taken to permit such operation and
expansion, improvement and rehabilitation without additional funds from
or adverse effects on the tax base of the state, counties or
municipalities of the state;
(g) that many such institutions own or plan to acquire valuable real
property or interests in real property which are unused or underuti-
lized, and such institutions are unable properly to develop or otherwise
fully to utilize and realize the value of such real property owing in
part to lack of expertise and in part to risks to their endowment,
collections and other capital assets;
(h) that appropriate development and utilization of such real property
and interest in real property and the purchase of capital equipment and
other personal property would foster continued operation in the state
and needed expansion, improvement and rehabilitation of the space and
facilities of such institutions without additional funds from or adverse
effects on the tax base of the state, counties or municipalities of the
state; would help provide suitable housing accommodations, commercial
uses and related facilities in proximity to such institutions; and would
otherwise promote the interest of the people of the state;
(i) that development of suitable housing accommodations, commercial
uses, and related facilities compatible with and complementary to such
institutions would help to maintain, strengthen and revitalize the areas
in which such institutions are located, that such development would
encourage such institutions to continue operation in such areas and
permit needed expansion, improvement and rehabilitation of the space and
facilities of such institutions, and that a public purpose would be
served and the interests of the people of the state would be promoted by
the development of such accommodations, uses and facilities in
combination with the facilities of such institutions;
(j) that many not-for-profit cultural organizations are in need of
development and/or rehabilitation of sufficient and appropriate space to
assure their continued existence and benefit for the people of the
state; and that sufficient funds to pay the costs of such needed space
and facilities of such organizations are not currently available from
the state, counties or municipalities; and that a program which would
utilize current resources and bring to bear other possible additional
resources for the development and rehabilitation of such space is
essential to the continued existence and operation of such organizations
and is therefore found by the legislature to be in the public interest;
and
(k) that based on past experience, the private sector alone will
continue to be unable properly to develop such real property and the
requirements of such institutions will not be met unless corrective
action is taken.
2. The legislature further finds, determines and declares that a pub-
lic purpose would be served and the interests of the people of the state
would be promoted by appropriate development of unused and underutilized
real property and interests in real property of such institutions; that
appropriate development of such real property includes construction of
cultural facilities and of combined-use facilities consisting of
institutional portions (including the expansion, improvement or
rehabilitation of the space and facilities of such institutions) and
non-institutional portions (including suitable housing accommodations,
related facilities and other lawful uses compatible with uses of
institutional portions of such facilities and embodying architectural
and design characteristics acceptable to such institutions); and that
construction of cultural facilities and of combined-use facilities
often provides the only economically feasible method for utilizing such
real property for needed expansion, improvement and rehabilitation of
the space and facilities of such institutions.
3. The legislature further finds, determines and declares that a pub-
lic purpose would be served and the interests of the people of the state
would be promoted by the creation pursuant to this article of public
benefit corporations, known as trusts for cultural resources, to provide
for the appropriate development of unused and underutilized real
property and interests in real property of such institutions and for the
construction, equipping and furnishing of combined-use facilities, and
of cultural facilities in accordance with this article; that it is
necessary to grant to trusts for cultural resources the powers, rights
and duties provided by this article which include the delegation of part
of the sovereign power of the state; that the creation of trusts for
cultural resources, the exercise of such powers and rights, the perfor-
mance of such duties, and the carrying out of the purposes of trusts for
cultural resources are in all respects for the benefit of the people of
the state and are and will serve a public purpose; and that in the
exercise of such powers and rights, the performance of such duties and
the carrying out of such purposes, trusts for cultural resources created
under this article will be performing an essential public and
governmental function.
S 20.07. Creation and purposes of a trust. 1. A trust shall be
created by a special law as a corporate governmental agency and a public
benefit corporation, constituting a political subdivision of the state.
A trust and its corporate existence shall continue until terminated by
law; provided, however, that no such law shall take effect so long as
the trust shall have bonds, notes or other obligations outstanding
unless adequate provision has been made for the payment thereof. Upon
termination of the existence of a trust, all its rights and properties
not otherwise disposed of shall pass to and be vested in the state. Any
net earnings of a trust, beyond that necessary to retire any
indebtedness of a trust or to implement the purposes set forth in this
article and in any special law, may not inure to the benefit of any
person other than the state, county or the municipality in which the
principal office of the trust is located.
2. A trust shall exercise the powers granted to it by this article and
by special law in cooperation with participating cultural institutions
solely and exclusively in furtherance of the purposes of this article
and such special law. Before entering into any agreement for the
construction of a combined-use facility, a facility for a not-for-profit
cultural organization, or before making a loan to a not-for-profit
cultural organization, the board of trustees shall hold a public hearing
and thereafter shall determine that development of such facility or the
making of such loan is the most feasible means by which such purposes
may be effectuated and that the architectural and design characteristics
of the non-institutional portion are compatible with those of the
institutional portion of such combined-use facility. Notice of such
public hearing shall be published at least once no less than twenty days
prior to such hearing in a newspaper of general circulation in the
municipality or county in which such facility is located. Notice of
such public hearing shall be served by certified mail upon the chairman
of the planning board of any county in which such combined-use facility
is or is designed to be developed, except that in a municipality, such
notice shall be so served upon the chairman of the local community board
in the area in which such facility is or is designed to be developed;
and notice of such public hearing shall be served upon the chairman of
the planning board, or equivalent board, of any county in which a
facility for a not-for-profit cultural organization is, or is designed
to be, developed, or in which, in the case of a loan, a not-for-profit
cultural organization is located.
S 20.09. Administration of a trust. 1. A trust shall be administered
by a board of trustees, all of whom shall be appointed as provided by
special law. The number of trustees, their qualifications, and the
duration of their respective terms of office shall be set forth in the
special law.
2. The special law creating a trust may provide for the appointment of
a trustee as chairman of the board of trustees and for the appointment
of a trustee as president and chief executive officer of the trust. The
chairman of the board of trustees and the president and chief executive
officer of the trust shall have such powers and duties as may be
prescribed by special law.
3. No trustee other than the president and chief executive officer
shall receive, directly or indirectly, any salary or other compensation
from a trust, in any capacity. Each trustee shall be entitled to
reimbursement for his actual and necessary expenses incurred in the
performance of his duties as a trustee. Each trustee shall be deemed to
be a state officer for purposes of sections seventy-three and
seventy-four of the public officers law. Notwithstanding anything to
the contrary contained in any general, special or local law concerning
the holding of dual offices, an officer or employee of the state or any
political subdivision of the state, or any agency or instrumentality of
the state or any such political subdivision, or any public corporation,
may be appointed as president and chief executive officer of a trust,
and such officers and employees may be appointed as trustees. No such
officer or employee shall forfeit his office or employment by reason of
his acceptance or appointment as a trustee, officer, employee or agent
of the trust. No more than one person serving on the board of trustees,
or equivalent body, of each participating cultural institution with
which the trust has entered into a financing agreement shall serve
concurrently on the board of trustees of a trust. Any trustee of a trust
who is concurrently serving on the board of trustees, or equivalent
body, of a participating cultural institution shall refrain from
participating in discussions or voting on matters pertaining to such
participating cultural institution. Each trustee may be removed for
cause as provided by special law.
4. Except as otherwise provided in this article or by special law, (a)
a majority of the trustees then in office shall constitute a quorum for
the transaction of any business or the exercise of any power by a trust;
and (b) the powers of the trust shall be vested in, and be exercised by
the affirmative vote of, a majority of the members of the board of
trustees present at a meeting at which a quorum is in attendance;
provided, however, that any action required or permitted to be taken at
a meeting of the board of trustees may be taken without a meeting if all
the members of the board of trustees then in office consent thereto in
writing and provided further that one or more trustees may participate
in a meeting by means of conference telephone or similar communications
equipment allowing all persons participating in the meeting to hear each
other at the same time and participation by such means shall constitute
presence in person at a meeting. No trustee may vote by proxy. The
trust may delegate to one or more of its trustees, officers, agents or
employees such powers and duties as it may deem proper.
5. The trustees, officers and employees of a trust shall not be
personally liable for any debt, obligation or liability incurred by or
imposed upon the trust at any time.
6. A trust may make payments to or on behalf of its trustees, officers
and employees in accordance with and to the same extent as authorized by
the provisions of sections seven hundred twenty-one through seven
hundred twenty-six of the business corporation law as amended from time
to time with the same effect as though such sections applied to the
trust, its trustees, officers and employees; provided, however, that a
trust shall save harmless and indemnify its trustees, officers and
employees against any claim, demand, suit or judgment based on
allegations that financial loss has been sustained by any person in
connection with the acquisition, disposition or holding of bonds, notes,
securities or other obligations of a trust, or those of any other public
corporation if such loss allegedly resulted from dealings with the
trust, unless such trustee, officer or employee is found by a final
judicial determination not to have acted in good faith for a purpose
which he reasonably believed to be in the best interests of the trust or
not to have had reasonable cause to believe that his conduct was lawful;
and provided further than no trustee, officer or employee of the trust
shall be liable to any person other than the trust based solely on his
or her conduct in the execution of such office, unless the conduct of
such trustee, officer or employee with respect to the person asserting
liability constituted gross negligence or was intended to cause the re-
sulting harm to the person asserting such liability. A trust may
procure insurance or be indemnified with respect to any payment
permitted under this subdivision in such amounts and with such insurers
or other persons as it deems desirable.
S 20.11. General powers of a trust. In addition to the other powers
conferred by this article and by special law, a trust shall have the
following general powers:
1. to sue and be sued,
2. to have a seal and alter the same at pleasure,
3. to make and execute contracts and all other instruments, including
without limitation instruments of guarantee and indemnification,
4. to incur liabilities, borrow money at such rates of interest as the
trust may determine, issue its notes, bonds and other obligations, and
notwithstanding subdivision three of section 20.33 of this article, if
in its sole discretion the trust so determines and declares, to issue
bonds and notes, the income from and interest on which may be taxed or
taxable by the United States, by the state, and if applicable, by any
municipality or other political subdivision in the state, or by any of
them, and to secure any of its obligations by mortgage or pledge of all
or any of its real and personal property or any interest therein,
wherever situated,
5. to invest and reinvest any funds held in reserve or sinking funds
or any other funds not required for immediate use or disbursement,
including proceeds from the sale of any bonds or notes and any revenues,
receipts, borrowings and income, in obligations of or guaranteed by the
United States, the state or any political subdivision of the state, or
any agency or instrumentality of any of them, or certificates of depos-
it, savings accounts, time deposits or other obligations or accounts of
banks or trust companies in the state, secured, if the trust shall so
require, in such manner as the trust may so determine,
6. to adopt, amend or repeal by-laws for its organization and internal
management, the power to amend, alter or repeal which shall not be
abridged by any covenant with bondholders, and rules and regulations
governing the exercise of its powers and the fulfillment of its
purposes,
7. to acquire or contract to acquire by grant, purchase, or otherwise,
any real, personal or mixed property or any interest therein; to own,
hold, clear, improve, maintain, develop, operate, employ, use and
otherwise deal in, and to sell, assign, exchange, transfer, convey,
lease, mortgage, grant a security interest in or otherwise dispose of or
encumber the same,
8. to appoint such officers and hire such employees as it may require,
to fix and determine their qualifications, duties and compensation and
to retain or employ other agents, including but not limited to
architects, counsel, auditors, engineers and private consultants on a
contract basis or otherwise for rendering professional or technical
services and advice,
9. to make plans, surveys, and studies necessary, convenient or
desirable to the effectuation of its purposes and powers and to prepare
recommendations in regard thereto,
10. to procure insurance against any loss in connection with its
property, assets and operations in such amounts and from such insurers
as it deems desirable,
11. to enter into agreements with the state, any county or
municipality and the United States, or any agency or instrumentality of
any of them, or any other person for any lawful purposes,
12. to accept grants, loans or contributions from the state, any
county or municipality and the United States, or any agency or
instrumentality of any of them, and from any other person or source and
to expend the proceeds thereof,
13. to make loans to a participating cultural institution in accordance
with an agreement between the trust and the participating cultural
institution for the development of cultural facilities or the
institutional portion of combined-use facilities, and
14. to do any and all things necessary, convenient or desirable to
carry out its purposes and exercise its powers.
S 20.13. Special powers of a trust. 1. A trust shall have such
special powers with respect to assisting participating cultural insti-
tutions or other not-for-profit cultural organizations as are provided
by special law; provided, that a trust may not develop or cause to be
developed a combined-use facility for use or occupancy by a participat-
ing cultural institution unless (i) in a municipality such institution
shall have had average annual admissions of at least five hundred thou-
sand persons as shown on the records of such institution for a period of
at least five years prior to either the effective date of this article
or the date on which a trust first enters into an agreement for the
development of a combined-use facility for the use or occupancy by such
institution, (ii) in a city having a population of one hundred twenty-
five thousand or more, such institution shall have had average annual
admissions of at least fifty thousand persons as shown on the records of
such institution for such period and (iii) in any other city, such
institution shall have such minimum average annual admissions as are set
forth in the special law creating a trust; provided, however, with
respect to a participating cultural institution that is a public tele-
vision station with respect to which a trust entered an agreement prior
to January first, nineteen hundred ninety the foregoing shall not apply
and provided further that the decision of the trust in determining such
average annual admissions shall be final.
2. A trust may not acquire real property by condemnation, unless
otherwise provided by special law.
3. For so long as any real property, consisting of all or any part of
the non-institutional portion of a combined-use facility or in or on
which all or any part of such portion prior to completion is designed to
be and upon completion is developed shall be exempt from real property
taxation pursuant to section 20.33 of this article, the owners from time
to time of such real property shall pay to the trust which has developed
or approved the developer of such facility, annual or other periodic
amounts, as tax-equivalency payments, at least equal to the real proper-
ty taxes that would have otherwise been paid or payable in respect of
such real property; provided, however, that the special law creating a
trust may provide a method for calculating such real property taxes for
purposes of determining the amount of such tax-equivalency payments; and
provided further that the special law creating a trust shall specify the
purposes for which the trust shall use or expend such tax-equivalency
payments, the means for enforcing such payments and the priorities in
favor of a trust in connection with such enforcement.
4. A trust and the participating cultural institution with which the
trust has entered into an agreement for the development of a combined-
use facility, any facility for a not-for-profit cultural organization or
a public television facility prior to January first, nineteen hundred
ninety shall each have all rights provided by law, as if each were the
owner of such facility and the real property in or on which such facili-
ty is or is designed to be developed, to contest in whole or in part any
assessment or revised assessment of the value of such facility and prop-
erty, or any portion thereof, by appropriate legal proceedings, and for
purposes of this subdivision four, each shall be deemed to be a person
aggrieved. Each owner required to make tax-equivalency payments to a
trust shall have all rights provided by law, as if he were the owner of
the real property with respect to which he is required to make such
payments, to contest in whole or in part any assessment or revised
assessment of the value of such real property, and each such owner shall
be deemed to be a person aggrieved for purposes of this subdivision.
5. Subject to any agreement with holders of its notes or bonds, a
trust may enter into an agreement to pay or cause to be paid, by means
which may include an agreement with a participating cultural institution
in a municipality or a not-for-profit cultural institution in a county,
a developer or an owner, annual sums in lieu of taxes to any munici-
pality or political subdivision of the state, in respect of any real
property which is exempt from taxation pursuant to section 20.33 of this
article and is located in such municipality or political subdivision, or
the special law creating a trust may provide for such payments in lieu
of taxes.
S 20.15. Resources of a trust. 1. A trust may receive, accept,
invest, administer, expend and disburse for its corporate purposes,
including without limitation the operation and administration of the
trust, any revenues and monies made available or to be made available to
it from any or all sources, including gifts, grants, loans and payments
from the state, any county or municipality and the United States, and
any agency or instrumentality of any of them, and from any other person.
2. A trust shall keep separate books and records of account in
connection with each combined-use facility and each cultural facility
and shall not spend or commingle any monies received by it in connection
with such facility with any other monies received by it in connection
with any other facility; provided, however, the trust may charge each
such facility its costs of administration and operation allocable to
each such facility, and establish or maintain such reserves for the
payment of such costs as the trust deems necessary.
3. The comptroller of the state or his legally authorized
representative and the chief fiscal officer of the municipality or
county in which a trust shall develop or cause to be developed any
combined-use facility or a facility for a not-for-profit cultural
organization or any cultural facility or his legally authorized
representative shall be authorized from time to time to examine the
books and accounts of the trust including its receipts, disbursements,
contracts, reserves, investments, and any other matters relating to its
financial standing. Such an examination shall be conducted by each such
officer at least once in every three years; each such officer is
authorized, however, to accept from the trust, in lieu of such an
examination, an external examination of its books and accounts made by a
certified public accountant acceptable to such officer.
S 20.17. Bonds and notes of a trust. 1. A trust shall have the power
and is hereby authorized to issue from time to time its bonds and notes
in such principal amounts as the trust shall determine to be necessary
for achieving any of its corporate purposes, including: (a) the payment
of all or any part of the cost of developing cultural facilities or the
institutional portion of combined-use facilities; (b) developing
facilities for not-for-profit cultural organizations; (c) the making of
loans pursuant to this article to not-for-profit cultural organizations
and to participating cultural institutions; (d) the payment of interest
on bonds and notes of the trust; (e) the establishment of reserves to
secure such bonds and notes of the trust; (f) the payment of expenses
incurred in connection with the issuance of the bonds and notes of the
trust; and (g) during the period of development of a combined-use
facility or a cultural facility or other facility authorized by this
article, the payment of other expenses but, except in the case of a
trust created prior to the effective date of this section, such expenses
shall not include operating expenses of the participating cultural
institution. All bonds or notes and the interest coupons applicable
thereto whether or not in negotiable form are hereby made and shall be
construed to be negotiable instruments and investment securities under
article eight of the uniform commercial code.
2. A trust shall have the power to issue from time to time (a) notes
to renew notes, (b) bonds to pay notes, including the interest thereon
and redemption premium, if any, (c) bonds to refund any bonds of the
trust then outstanding, including the payment of any redemption premium
thereon and any interest accrued or to accrue to the earliest or
subsequent date of redemption, purchase or maturity of such bonds. The
refunding bonds may be exchanged for the bonds to be refunded or sold
and the proceeds applied to the purchase, redemption or payment of such
bonds, and pending such purchase, redemption or payment, such proceeds
may be invested and reinvested in obligations of or guaranteed by the
United States, the state, or any political subdivision of the state, or
any agency or instrumentality of any of them, secured in such manner as
the trust shall determine, maturing at such time or times as shall be
appropriate to assure the prompt payment, as to the principal, interest
and redemption premium, if any, on the outstanding bonds to be refunded.
A trust shall have power out of any funds available therefor to purchase
(as distinguished from the power of redemption herein provided) any
bonds or notes of the trust, and all bonds so purchased shall be
cancelled.
3. With respect to notes or bonds issued or renewed on and after the
effective date of this title, no note or renewal thereof shall mature
more than five years from and after the date of the original issue of
such note, and no bond or bond issued to refund such bond shall mature
more than thirty years from and after the date of the original issue of
such bond, provided, however, no bond issued to refund bonds issued
prior to the effective date of this section shall mature more than fifty
years from and after the date of the original issue of any such bond.
Notwithstanding the foregoing, notes issued by a trust for the purpose
of repaying advances from a participating cultural institution which
uses or occupies the institutional portion of a combined-use facility
the cost of development of which was paid with the proceeds of bonds of
the trust which were issued prior to September first, nineteen hundred
ninety-one, shall mature no later than seven years from and after the
date of original issue of such note, and bonds issued by a trust for
such purpose, including bonds issued to refund such notes, shall mature
no later than fifty years from and after the date of original issue of
such bonds.
4. The issuance of bonds and notes by a trust shall be authorized by
resolution of the trust without further authorization or approval, which
resolution shall be a part of the contract with the holders of the bonds
or notes thereby authorized. Such resolution may provide that such
bonds and notes may be registered or registrable as to principal and
interest or as to interest alone and that such bonds and notes may be
payable at such place or places, within or without the state, may bear
interest at such rate or rates, may be payable and mature at such time
or times, may be in such form and evidenced in such manner, may be in
such denominations, and may contain such other provisions not
inconsistent with this article, including provisions as to reserve or
sinking funds, payment, redemption or refunding of bonds or notes,
security therefor, events of default, remedies of bondholders or
noteholders, appointment of trustees, as distinguished from members of
the board of trustees of a trust for cultural resources, or fiscal
agents, custody, collection, securing, investment and payment of any
money and amendment or abrogation of such provisions, all as the trust
may determine; provided that such resolution may provide for the manner
of determining any or all of the foregoing provisions for such bonds and
notes in lieu of determining such provisions.
5. Bonds may be issued in one or more series as serial bonds, or as
term bonds, or as a combination thereof. Any signature, manual or
facsimile, of an officer of the trust appearing on bonds or notes or
coupons shall be valid and sufficient for all purposes whether or not
such officer shall then be in office. The trust may also provide for
the authentication of the bonds or notes by a trustee (as distinguished
from a member of the board of trustees of a trust for cultural
resources) or fiscal agent.
6. The bonds or notes of a trust may be sold at such prices at a pub-
lic or private sale, in such manner and from time to time, as may be
determined by the trust, and the trust may pay all expenses, premiums
and commissions which it may deem necessary or advantageous in
connection with the issuance and sale thereof. No bonds or notes of a
trust may be sold at a private sale unless such sale and the terms
thereof have been approved in writing by the comptroller of the state
and the chief fiscal officer of the municipality or county in which the
combined-use facility or cultural facility for which such bonds or notes
are issued is located.
7. Neither the trustees, officers or employees of a trust, nor any
participating cultural institution or the members, directors, trustees,
officers or employees of such institution, nor any person executing or
authenticating the bonds or notes of the trust shall be liable on the
bonds or notes or be subject to any personal or other liability or
accountability by reason of the issuance thereof.
S 20.19. Security for bonds or notes. 1. The principal of and
interest on any bonds or notes issued by a trust may be secured by a
pledge of any revenues and receipts of the trust, including without
limitation the receipt of sums as tax-equivalency payments or loan
repayments, and may be secured by a lease, loan agreement, mortgage,
pledge, security interest or other instrument covering all or any part
of a combined-use facility or cultural facility as authorized by this
article, including any additions, improvements, extensions to or
enlargements of such a facility thereafter made. Bonds or notes issued
for a combined-use facility or cultural facility as authorized by this
article may also be secured by an assignment of any lease of such
combined-use facility or cultural facility as authorized by this article
and by an assignment of the revenues and receipts of a trust from any
such lease and by the assignment of any loan agreement with a
participating cultural institution and by an assignment of the revenues
and receipts of a trust from any such loan agreement and by the
assignment of any mortgage, pledge, security interest or other
instrument covering a combine-use facility or cultural facility.
2. A trust may provide in any proceedings under which bonds or notes
may be authorized for the time and manner of and the requisites for
disbursements for the cost of a combined-use facility or cultural
facility authorized by this article, and for all certificates and
approvals of construction and disbursements as the trust shall deem
necessary.
3. Any pledge by a trust of, or security interest granted in,
earnings, revenues or other monies, including tax-equivalency payments,
accounts, contract rights, general intangibles or other personal
property shall be valid and binding from the time when the pledge is
made; the earnings, revenues or other monies so pledged and thereafter
received by the trust shall immediately be subject to the lien of such
pledge or other security interest, without any physical delivery of the
collateral thereof or further act, and the lien of any such pledge or
other security interest shall be valid and binding as against all
parties having claims of any kind in tort, contract or otherwise against
the trust irrespective of whether such parties have notice thereof. No
resolution or any other instrument by which a pledge or other security
interest is created need be recorded, and no notice thereof need be
filed in any public office.
4. In the discretion of a trust, the bonds may be secured by a trust
indenture, which may contain any lawful provisions for protecting and
enforcing the rights and remedies of the bondholders, by and between the
trust and a corporate trustee, as distinguished from a member of the
board of trustees of a trust, which may be any trust company or bank
having the powers of a trust company in the state. A trust may provide
by such trust indenture for the payment of the proceeds of the bonds and
the revenues of a combined-use facility or cultural facility authorized
by this article to the trustee under such trust indenture or other de-
pository, and for the method of disbursement thereof, with such
safeguards and restrictions as it may determine. If the bonds shall be
secured by a trust indenture the bondholders shall have no authority to
appoint a separate trustee to represent them.
S 20.21. Reserve fund. A trust may create and establish a reserve fund
to secure the bonds of a trust and may pay into such reserve fund any
monies which may be made available to the trust for the purposes of such
fund from any source, including without limitation tax-equivalency
payments. The monies held in or credited to any such reserve fund shall
be used only in accordance with the proceedings under which the bonds
shall be issued or as provided by special law.
S 20.23. State`s right to require a redemption of bonds. Notwith-
standing and in addition to any provisions for the redemption of bonds
which may be contained in any contract with the holders of the bonds of
a trust, the state may, upon furnishing sufficient funds therefor,
require the trust to redeem, prior to maturity, as a whole, any issue of
bonds on any interest payment date not less than twenty years after the
date of the bonds of such issue at one hundred five per centum of their
face value and accrued interest or at such lower redemption price as may
be provided in the bonds in case of the redemption thereof as a whole on
the redemption date. Notice of such redemption shall be published at
least twice in at least two newspapers publishing and circulating
respectively in the cities of Albany and New York, the first publication
to be at least thirty days before the date of redemption.
S 20.25. Remedies of bondholders and noteholders. 1. The supreme
court shall have jurisdiction of any suit, action or proceeding by or on
behalf of the holders of any bonds or notes issued by a trust. The
venue of any such suit, action, or proceeding shall be laid in the
county in which the principal office of the trust is located.
2. Before the principal of notes or bonds of a trust is declared due
and payable by or on behalf of bondholders and noteholders thereof,
thirty days notice shall first be given in writing to the governor, to
the attorney general of the state, to the mayor of the municipality or
chief executive officer of the county in which the principal office of
the trust is located and to the trust.
S 20.27. State and municipalities not liable on bonds and notes. The
bonds, notes and other obligations of the trust shall not be a debt of
the state or of any municipality or county in the state, and neither the
state nor any municipality or county shall be liable thereon.
S 20.29. Agreement of the state. The state does hereby pledge to and
agree with the holders of any bonds or notes of a trust that the state
will not limit or alter the rights vested in a trust by this article or
by special law to fulfill the terms of any agreements made with the
holders thereof, or in any way impair the rights and remedies of such
holders until such bonds or notes together with the interest thereon,
with interest on any unpaid installments of interest, and all costs and
expenses in connection with any action or proceedings by or on behalf of
such holders, are fully met and discharged. A trust is authorized to
include this pledge and agreement of the state in any agreement with the
holders of such bonds or notes.
S 20.31. Bonds and notes as legal investments. The bonds and notes of
a trust are hereby made securities in which all public officers and
bodies of this state and all municipalities and political subdivisions,
all insurance companies and associations and other persons carrying on
an insurance business, all banks, bankers, trust companies, savings
banks and savings associations, including savings and loan associations,
building and loan associations, investment companies and other persons
carrying on a banking business, all administrators, guardians, execu-
tors, trustees and other fiduciaries, and all other persons who are now
or may hereafter be authorized to invest in bonds or other obligations
of the state, may properly and legally invest funds including capital in
their control or belonging to them. The bonds and notes are also hereby
made securities which may be deposited with and may be received by all
public officers and bodies of this state and all municipalities and
political subdivisions for any purpose for which the deposit of bonds or
other obligations of this state is now or may hereafter be authorized.
S 20.33. Exemption from taxation. 1. It is hereby determined that
the creation of a trust pursuant to this article and the carrying out of
its corporate purposes are in all respects for the benefit of the people
of the state, for the improvement of their health and welfare, and for
the promotion of the economy; that said purposes are public purposes;
and that a trust will perform an essential governmental function by
exercising the powers conferred upon it by this article and by special
law.
2. Notwithstanding any other provision of any other law to the
contrary, the income, monies, operations and properties of a trust shall
be exempt from taxation, including without limitation any and all state
and local income, franchise, occupancy, transfer, recording, real
property, sales and compensating use taxation. Any combined-use
facility, including the non-institutional portion thereof, any facility
for a not-for-profit cultural organization and any public television
facility with respect to which a trust entered an agreement prior to
January first, nineteen hundred ninety which has been developed by or on
behalf of, or pursuant to an agreement with, or in whole or in part with
the proceeds of a loan from a trust and any real property in or on which
all or any part of any such facility prior to completion is designed to
be and upon completion is developed shall be exempt from real property
taxation from and after the date on which such real property has first
been conveyed to the trust, or in the case of the development of a
public television facility with respect to which a trust entered an
agreement prior to January first, nineteen hundred ninety by a public
television station or a facility for a not-for-profit cultural
organization in whole or in part with proceeds of a loan from a trust,
from and after the date on which such real property has first been
conveyed to such station. In the case of a combined-use facility for a
performing arts center with respect to which a trust entered an
agreement prior to January first, nineteen hundred ninety, the
non-institutional portion shall not be exempt from real property
taxation from and after the date a trust conveys such non-institutional
portion to any non-exempt third party.
3. The state covenants with all holders and transferees of bonds and
notes issued by a trust, in consideration of the acceptance of and
payment for the bonds and notes, that the bonds and notes of the trust,
and the interest thereon and income therefrom and all its properties,
income, fees, charges, gifts, grants, revenues, receipts, and other
monies received or to be received, shall at all times be free from
income and other taxation, except for estate or gift taxes on such bonds
and notes and taxes on transfers.
S 20.35. Actions by and against a trust. 1. The supreme court shall
have exclusive jurisdiction of any action, suit or special proceeding
brought by or against or involving a trust. The venue of any action,
suit or special proceeding brought against a trust shall be laid in the
city and county in which its principal office is located.
2. Any action or proceeding to which a trust or the people of the
state, a county or a municipality may be parties, in which any question
arises as to the validity of this article or the special law creating
the trust, shall be preferred over all other civil causes except
election causes in all courts of the state and shall be heard and
determined in preference to all other civil business pending therein
except election causes, irrespective of position on the calendar. The
same preference shall be granted upon application of counsel to a trust
in any action or proceeding in which the trust is a party or in which
such counsel may be allowed to intervene.
3. Except as otherwise expressly provided by a lease, sublease, or
other agreement to which it is a party, a participating cultural
institution or not-for-profit cultural organization shall not be liable
to any person for any claim, loss, cost or damage arising from or in
connection with the development of a combined-use facility, a facility
for a not-for-profit cultural organization or a public television
facility with respect to which a trust entered an agreement prior to
January first, nineteen hundred ninety, or any part or portion thereof.
S 20.37. Cooperation with the state, counties and municipalities.
Any agency or department of the state, of the county or of any
municipality may render such services to a trust as may be requested by
the trust. Upon request of a trust, any such agency or department is
hereby authorized and empowered to transfer to the trust such officers
and employees as the trust may deem necessary from time to time to
assist the trust in carrying out its functions. Officers and employees
so transferred shall not lose their civil service status or rights. A
trust may enter into an agreement to pay, or cause to be paid by means
which may include an agreement with a participating cultural institution
or not-for-profit cultural organization, a developer or an owner,
compensation to the state, a county or a municipality for services
rendered to the trust.
S 20.39. Annual and other reports. 1. A trust shall submit to the
governor and to the mayor or chief executive officer and the governing
body of the municipality or county in which its principal office is
located, within ninety days after the end of each fiscal year, a
complete and detailed report setting forth: (a) its operations and
accomplishments; (b) its receipts and expenditures, in accordance with
the categories or classifications established by the trust for its own
operating and capital outlay purposes; (c) its assets and liabilities at
the end of its fiscal year including the status of reserve,
depreciation, special or other funds; and (d) a schedule of its bonds
and other obligations outstanding at the end of its fiscal year,
together with a statement of the amounts redeemed and incurred during
such fiscal year.
2. A trust shall submit to the governor and to the mayor or chief
executive officer and the governing body of the municipality or county
in which its principal office is located, within thirty days after
receipt thereof, a copy of the report of every external examination of
the books and accounts of the trust, other than reports of examinations
by any state, county or municipal official.
S 20.41. Construction. This article and each special law enacted
pursuant to this article, being necessary for the welfare of the state
and its inhabitants, shall be liberally construed so as to effectuate
its purposes.
S 20.43. Inconsistent provisions of other laws superseded. Insofar as
the provisions of this article and each special law enacted pursuant to
this article are inconsistent with the provisions of any other law,
general, special or local, the provisions of this article and each such
special law shall be controlling.
S 20.45. Separability. If any provision of any section of this
article and each special law enacted pursuant to this article or the
application thereof to any person or circumstance shall be judged
invalid by a court of competent jurisdiction, such order or judgment
shall be confined in its operation to the controversy in which it was
rendered, and shall not affect or invalidate the remainder of any
provision of any section of this article and each such special law or
the application thereof to any other person or circumstances, and to
this end each provision of this article and each such special law is
hereby declared to be severable.
S 20.47. Application of law. Any other provision of any other law to
the contrary notwithstanding, all of the applicable provisions of the
general municipal law, or of any other law, shall apply to the New York
state cultural resources act herein continued in the same manner as if
the language of such law had been incorporated in full into this
article, except to the extent that such provisions are inconsistent with
the provisions of this article. For the purposes of article fifteen-A of
the executive law only, a trust shall be deemed a state agency as that
term is used in such article, and its contracts for design,
construction, services and materials shall be deemed state contracts
within the meaning of that term as set forth in such article.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 21
TRUST FOR CULTURAL RESOURCES OF THE CITY OF NEW YORK
Section 21.01. Special definitions.
21.03. Legislative findings and statement of purposes.
21.05. Creation and administration of the trust.
21.07. Special powers of the trust relating to assisting
participating cultural institutions.
21.09. Special provisions relating to the acquisition of real
property.
21.11. Special provisions relating to tax-equivalency payments.
21.13. Special provisions relating to the financing and
development of combined-use facilities or public
television facilities.
21.15. Application of law.
S 21.01. Special definitions. As used or referred to in this article,
all terms shall have the meanings set forth in section 20.03 of this
chapter, except that the following terms shall have the following mean-
ings:
1. "City" shall mean the city of New York.
2. "Mayor" shall mean the mayor of the city.
3. "Participating cultural institution" shall mean any corporation
formed other than for profit which operates or makes available facili-
ties for cultural activities in the city, including but not limited to
museums, performing arts centers, public television and radio stations,
theaters, auditoriums, libraries, exhibition, performance and rehearsal
space, galleries, artists` and dancers` studios, recording studios, and
recreational, educational, office, living, parking, restaurant, retail
or storage space related to any of the foregoing. The decision of the
trust in determining that a corporation is a participating cultural
institution shall be final and conclusive. The annual average admis-
sions of each corporation which would itself qualify as a participating
cultural institution and which leases or licenses space in a performing
arts center from another participating cultural institution (the
"lessor") shall be attributed to the lessor for purposes of this article
and article twenty of this chapter.
4. "Trust for cultural resources" or "trust" shall mean the trust for
cultural resources of the city of New York created by this article.
S 21.03. Legislative findings and statement of purposes. 1. The
legislature hereby finds, determines and declares:
(a) that it is essential for the general and economic welfare of the
people of the state for the city to remain a unique national and
international center for cultural activities and affairs;
(b) that the city`s position as such a unique national and
international cultural center is essential to its position as a center
for national and international finance, communications, publishing,
entertainment, conventions, transportation, shipping and other
enterprises, as well as philanthropic and educational activities and
institutions;
(c) that certain areas of the city will be strengthened and
revitalized by, and the city`s reputation and position as a unique
national and international center will be enhanced by, the development
of combined-use facilities and cultural facilities in the city as
provided by this article and by article twenty of this title;
(d) that certain cultural institutions located in the city are
invaluable cultural, educational and recreational resources of the state
and the continued operation of such institutions in the city is for the
benefit of the people of the state;
(e) that by reason of the severe economic and fiscal problems facing
both the state and city, neither the state nor the city is able
adequately to support the cultural institutions of the city in their
efforts both to provide cultural, recreational and educational
opportunities to the people of the state and to maintain the position of
the city as a unique national and international cultural center; and
(f) that it is in the interest of the people of the state and for
their benefit and welfare to encourage the creative and innovative use
of public and private resources in order to preserve and protect the
cultural resources of the city and otherwise to effectuate the purposes
of this article and article twenty of this chapter by the creation of
the trust for cultural resources of the city of New York.
2. The legislature hereby further finds, determines and declares that
the creation of the trust for cultural resources of the city of New York
and the delegation to the trust of part of the sovereign power of the
state are in all respects for the benefit of the people of the state and
constitute a governmental, state, municipal and public purpose; and that
the exercise by the trust of the functions and powers granted to it
under this article constitutes the performance of an essential public
and governmental function.
S 21.05. Creation and administration of the trust. 1. There is
hereby created the trust for cultural resources of the city of New York
which shall have all the powers, rights, privileges and exemptions of a
trust for cultural resources described in article twenty of this chapter
and this article.
2. The board of trustees of the trust shall consist of seven trustees,
as follows: the deputy mayor of finance and economic development of the
city of New York, the chairperson of the New York city industrial
development agency and five trustees to be appointed by the mayor. The
mayor shall designate one of the trustees appointed by the mayor as
chairman of the board of trustees. The chairman shall preside over all
meetings of the board of trustees, and after consultation with the
mayor, the chairman may appoint a trustee who may be the chairman as
president and chief executive officer of the trust. The chairman and
the president and chief executive officer shall have such powers and
duties as are set forth in the by-laws of the trust. Trustees appointed
by the mayor shall be appointed for a term of six years from the
effective dates of their appointments; provided, however, that the term
of office of two trustees first appointed, other than the chairman and
the president, shall be five years, and the term of office of one
trustee first appointed, other than the chairman and the president,
shall be four years. All trustees shall continue to hold office until
their successors have been appointed. If at any time there is a vacancy
in the membership of the board of trustees, by reason of death,
resignation, disqualification or otherwise, such vacancy shall be filled
for the unexpired term in the same manner as the original appointment.
The mayor may remove any trustee from office for cause.
S 21.07. Special powers of the trust relating to assisting participat-
ing cultural institutions. In addition to such powers as are conferred
elsewhere in article twenty of this chapter and this article, the trust
shall have the following powers which may be exercised, at the
discretion of the board of trustees, solely and exclusively in further-
ance of its corporate purposes with or without public auction or
bidding:
1. to undertake surveys of the present and anticipated needs of
cultural institutions in the city, including without limitation the need
for development of the facilities of such institutions, in order to
determine whether or not the trust may effectively exercise its powers
and fulfill its purposes in cooperation with any such institution;
2. to acquire, construct, install, equip, furnish, renovate, modern-
ize, and otherwise develop combined-use facilities and cultural facili-
ties or cause such combined-use facilities and cultural facilities to be
so developed, in accordance with this article and article twenty of this
title, to acquire in connection therewith real property or interests in
real property of a participating cultural institution or of the city, or
of the developer or other persons whose participation the trust deems
necessary for the development of any such combined-use facility or
cultural facility, subject (if applicable) to the retention or creation
by any such parties of any future or remainder interests in such proper-
ty, all of which shall be valid notwithstanding any rule against perpe-
tuities, and in connection therewith, to install or cause to be
installed water, fuel, gas, electrical, telephone, heating, air-condi-
tioning and other utility services, including appropriate connections;
3. to maintain, repair, keep up, manage and operate its real property
and any combined-use facility or part thereof or any cultural facility
or part thereof developed by or pursuant to an agreement with it, by
means which may include the enforcement of its rules and regulations in
the manner described in subdivision d of section two hundred two of the
not-for-profit corporation law with the same effect as though such
subdivision applied to the trust and to such property and combined-use
facility or cultural facility;
4. to offer to convey and to convey all or any part of the non-insti-
tutional portion of a combined-use facility or any interest therein, and
to take any and all actions deemed necessary or appropriate by the trust
to advertise, promote, encourage, and effect such conveyances, all
future or remainder interests created or retained by the trust in
connection therewith which shall be valid notwithstanding any rule
against perpetuities;
5. to convey with or without consideration, to a participating
cultural institution the institutional portion of a combined-use facili-
ty or a cultural facility developed in cooperation with such institution
and any real property held by the trust in connection with such develop-
ment;
6. to enter into a partnership, joint venture or other enterprise in
any capacity deemed by it to be appropriate, for the purpose of develop-
ing and operating a combined-use facility or any part thereof or a
cultural facility or any part thereof;
7. to convey, without public auction or bidding, any real property to
a developer for the purpose of developing therein or thereon a
combined-use facility, or a part or portion thereof, or a cultural
facility, or any part or portion thereof, subject to the creation or
retention by the trust and/or a participating cultural institution of
such future or remainder interests in such property as it deems appro-
priate, all of which shall be valid notwithstanding any rule against
perpetuities;
8. to purchase or lease the institutional portion of a combined-use
facility or all or any portion of a cultural facility from the developer
thereof for use and occupancy by a participating cultural institution;
9. to furnish cultural institutions with advice and with technical and
other assistance; to act as liaison with federal, state and municipal
and other local authorities and with users and occupants of combined-use
facilities and cultural facilities with respect to the cultural, recre-
ational and educational activities provided by cultural institutions;
and otherwise to foster and encourage greater public knowledge of, and
participation in, the cultural, recreational and educational activities
of such institutions;
10. to organize one or more wholly-owned subsidiary corporations under
any applicable provision of law and to perform through such subsidiaries
or cause such subsidiaries to perform all or any part of its powers and
functions;
11. to establish and promulgate such rules and regulations as the
trust may deem necessary, convenient or desirable for the use and opera-
tion of any combined-use facility, or part thereof, or cultural facili-
ty, or part thereof, and for the use of any real property developed or
to be developed by or pursuant to an agreement with it, including but
not limited to rules and regulations governing the conduct and safety of
the public on such premises;
12. to make and execute such agreements, including without limitation,
instruments of conveyance and agreements with participating cultural
institutions with respect to the architectural and design character-
istics of any combined-use facility or cultural facility, as are neces-
sary or convenient for the exercise of its corporate powers and the
fulfillment of its purposes; and
13. to make loans in accordance with article twenty of this chapter.
S 21.09. Special provisions relating to the acquisition of real prop-
erty. 1. Subject to subdivision two of this section, the trust may
acquire real property by condemnation pursuant to the provisions of the
eminent domain procedure law where not inconsistent with this article.
Prior to the commencement of any condemnation proceedings pursuant to
this section, the trust shall cause a survey and map of the property to
be condemned to be made and filed in its office and to be annexed there-
to a certificate, executed by such officer or employee as the trust may
designate, stating that the acquisition of the property described in
such survey and map has been determined by the unanimous vote of its
board of trustees to be necessary for the fulfillment of its corporate
purposes. All condemnation proceedings brought by the trust pursuant to
this section shall be brought in supreme court, New York county, and the
compensation to be paid shall be determined by the court without a jury
and without the appointment of commissioners. The court shall decree
that title to any real property subject to condemnation proceedings
brought pursuant to this section shall vest in the trust upon the entry
and filing of an order of immediate possession, granted pursuant to the
provisions of the eminent domain procedure law and providing for the
deposit required by such section; provided that the trust shall have
first complied with chapter one thousand one hundred sixty-one of the
laws of nineteen hundred seventy-one and the deposit or payment made
thereunder shall be credited against the deposit required under eminent
domain procedure law. No award of compensation shall be increased by
reason of any increase in the value of real property caused by the actu-
al or proposed acquisition, use, development or disposition by the trust
of any other real property.
2. The trust shall have the power to acquire by condemnation only the
real property described as follows:
Any real property situate, lying and being in the Borough of Manhat-
tan, City, County and State of New York, bounded and described as
follows:
BEGINNING at a point on the northerly side of 53rd Street distant 306
feet 9 inches easterly from the corner formed by the intersection of the
northerly side of 53rd Street and the easterly side of Avenue of the
Americas (formerly Sixth Avenue); running thence northerly, parallel
with Avenue of the Americas, 100 feet 5 inches to the center line of the
block between 53rd and 54th Streets;
thence easterly, along said center line of the block, 78 feet 3 inch-
es;
thence southerly, again parallel with Avenue of the Americas, 100 feet
5 inches to the northerly side of 53rd Street; and
thence westerly along the northerly side of 53rd Street, 78 feet 3
inches to the point or place of Beginning.
3. All real property, other than the real property described in subdi-
vision two of this section, in or on which all or any part of a
combined-use facility is or is designed to be developed (i) shall have
been owned in fee by a participating cultural institution for a period
of at least five years prior to the date on which the trust first enters
into an agreement for the development of such facility; or (ii) shall
have been owned by the city prior to the date on which the trust or a
participating cultural institution first enters into an agreement for
the development of such facility; or (iii) the proposed use of such real
property for all or any part of the combined use facility developed or
designed to be developed on such real property shall have been approved
by the mayor by written instrument delivered to the trust and the
participating cultural institution; or (iv) with respect to a public
television station with respect to which a trust entered an agreement
prior to January first, nineteen hundred ninety such real property shall
exceed one hundred thousand square feet in area, and shall have been
owned or leased by such public television station for a period of at
least five years prior to the date on which the trust first enters into
an agreement for the development of a combined-use facility or such
public television facility or makes a loan to such station.
S 21.11. Special provisions relating to tax-equivalency payments. 1.
The trust shall use and apply in the following order the tax-equivalency
payments it receives in respect of each combined-use facility:
(a) the trust shall first pay the costs of administration of the trust
allocable to such combined-use facility in accordance with generally
accepted accounting principles consistently applied, including without
limitation, the costs of collecting such tax-equivalency payments, and
establish or maintain such reserves for the payment of such costs as the
trust deems necessary;
(b) the trust shall then pay to the city, from and after the date on
which the trust acquires any real property described in subdivision two
of section 21.09 of this article or any other real property in or on
which all or any part of a combined use facility is or is designed to be
developed after January first, nineteen hundred ninety-seven, as nearly
as practicable in accordance with the applicable schedule for making
real property tax payments to the city with respect to such property,
annual amounts equal to the total assessed valuation, for the fiscal
year of such acquisition, of any such acquired real property with
respect to which real property taxes were paid to the city during the
fiscal year immediately preceding such acquisition, multiplied by the
real property tax rate applicable to such acquired property during each
fiscal year in which such amounts are required to be paid; provided that
the amount paid by the trust pursuant to this paragraph during any
fiscal year shall not be less than the amount paid by the trust pursuant
to this paragraph during the immediately preceding fiscal year;
(c) if, for any fiscal year of the city up to and including the fiscal
year ending ten years after the taxable status date next following the
completion of construction of the non-institutional portion of such
facility, the amount required to be paid by the trust pursuant to para-
graph (b) of this subdivision is less than ten per centum of the aggre-
gate amount of tax-equivalency payments received by the trust in respect
of such portion during the same fiscal year, then the trust shall pay to
the city, in lieu of the amount required to be paid by the trust pursu-
ant to paragraph (b) of this subdivision, an amount equal to ten per
centum of the aggregate amount of such tax-equivalency payments;
(d) the trust shall then pay to the city an amount equal to fifty per
centum of the increase in the amount of tax-equivalency payments
received by the trust in respect of the non-institutional portion of
such facility, during each fiscal year of the city following the fiscal
year beginning ten years after the taxable status date next following
the completion of construction of such portion, above the amount of the
tax-equivalency payments received by it during the fiscal year beginning
ten years after such taxable status date, such payments to be made by
the trust at the end of each fiscal year of the city for which they are
required to be made; to the extent that such increase has resulted from
a change in the assessed valuation or the real property tax rate applied
to such portion;
(e) with remaining amounts, to pay principal and interest on bonds,
notes and other obligations of the trust issued to finance development
of all or any part of the institutional portion of such combined-use
facility, and establish or maintain reserves to pay or secure such
bonds, notes or other obligations equal to no more than the sum required
to be paid to such reserves so that the moneys then held in such
reserves equal the aggregate amount of the then outstanding principal of
such bonds plus any redemption premium thereon and any interest to
accrue thereon to the earliest or subsequent date of payment or redemp-
tion thereof;
(f) unless otherwise provided by a resolution of the board of estimate
of the city, or successor body, beginning with the fiscal year of the
trust in which the trust has paid, redeemed or otherwise retired or
provided a reserve to redeem or otherwise retire all bonds, notes and
obligations of the trust issued to finance development of all or any
part of the institutional portion of such combined-use facility, the
trust shall then pay from time to time the costs of operating and main-
taining the institutional portion, developed by or on behalf of the
trust, of such combined-use facility, including without limitation, the
costs of lighting, heating, cooling, security, maintenance, repairs and
necessary replacements; provided that at the end of each fiscal year of
the city after commencement of payment of such costs, the trust shall
have sufficient funds to make the payments then required under para-
graphs (b), (c) and (d) of this subdivision; and
(g) the trust shall then pay to the city the entire remaining balance
at the end of each fiscal year of the trust.
The provisions of paragraphs (b), (c) and (d) of this subdivision
shall be subject to any agreement under subdivision five of section
20.13 of article twenty of this chapter.
2. Solely for purposes of determining the amount of the tax-equivalen-
cy payments required to be paid in respect of the real property,
consisting of the non-institutional portion, or any part thereof, of a
combined-use facility or in or on which all or any part of such portion
prior to completion is designed to be and upon completion is developed
for residential use, such real property shall be deemed to be exempt
from real property taxation as follows: during the period of
construction of such portion, such exemption shall consist of full
exemption, and for a period not to exceed ten years in the aggregate
after the taxable status date in the city next following the completion
of such construction, such exemption shall consist of two years of full
exemption, followed by two years of exemption from eighty percent of
such taxation, followed by two years of exemption from sixty percent of
such taxation, followed by two years of exemption from forty percent of
such taxation, followed by two years of exemption from twenty percent of
such taxation; provided that during such period of construction and such
ten-year period tax-equivalency payments shall be made with respect to
such real property at least equal to the amount computed by multiplying
(a) the amount which bears the same ratio to the assessed valuation, for
the fiscal year of the city prior to the commencement of such
construction, of the land comprising the zoning lot or lots, exclusive
of the real property described in subdivision two of section 21.09 of
this article on which all or any part of such combined-use facility is
or is designed to be developed as the floor area used or designed to be
used in the non-institutional portion of such facility for residential
use bears to the aggregate floor area permitted to be constructed on
such lot or lots under applicable zoning regulations in effect at the
time of commencement of such construction by (b) the real property tax
rate in the city for such fiscal year.
3. The exercise of the power granted to the trust by this article and
article twenty of this chapter to collect tax-equivalency payments from
owners is in all respects for the general welfare and benefit of the
people of the state, and with respect to such owners, has the same
effect as though such tax-equivalency payments were taxes as defined in
the real property tax law which had been duly levied and imposed upon
such owners by the city.
4. If any owner shall fail to make tax-equivalency payments as
required by this article and article twenty of this chapter, the trust
shall have a lien on the real property in respect of which such payments
were required to be made as if the tax-equivalency payments were real
property taxes and the trust were a tax district within the meaning of
the real property tax law. Such lien shall have all the priorities of a
lien for taxes of such real property in favor of the city and shall be
enforceable by the trust in the manner provided for the collection of
tax liens in title two of such article eleven; provided that in place of
any period of redemption provided by law no judgment of foreclosure
shall be entered until three years after the date on which such owner
first failed to make such payments; and provided further that from such
date interest shall accrue on such lien at the rate for late payment of
real property taxes in the city.
S 21.13. Special provisions relating to the financing and development
of combined-use facilities or public television facilities. 1.
Notwithstanding any of the powers granted to the trust by this article
or by article twenty of this title, the trust shall neither convey nor
cause to be conveyed any real property that is part of a combined-use
facility unless the instrument of such conveyance, or an agreement
relating thereto, contains a provision that no person other than the
trust or a participating cultural institution may acquire, directly or
indirectly, an interest in the institutional portion of a combined-use
facility developed or designed to be developed for use or occupancy by
such institution, at any time prior to the date on which all bonds and
notes of the trust issued to finance construction of such portion have
been fully paid, which interest would entitle such person to a deduction
for depreciation with respect to such interest under the provisions of
the United States internal revenue code of 1986, as amended, or any
successor federal tax or revenue act, if the development of any part of
such portion has been financed in whole or in part by bonds or notes
issued by the trust.
2. No individual who serves on the board of trustees, or equivalent
body, of a participating cultural institution shall be a developer of,
or share in any profits arising from the development of, the
non-institutional portion of a combined-use facility developed or
designed to be developed for use or occupancy by such institution;
provided that: (a) a person in which such individual has a financial
interest not exceeding five per centum of the equity of such person may
be a developer of, and may share in any profits arising from the
development of, such non-institutional portion, if such individual
refrains from voting at any meeting of the board of trustees, or
equivalent body, of such institution on any matter relating to the
approval by the trust of such person as a developer of such portion and
the terms and conditions of any agreement relating thereto; (b) a person
in which such individual has a financial interest may make a loan to the
trust, to a developer or to any other person in the ordinary course of
business in connection with such development; and (c) any such
individual may purchase or rent an apartment, or any interest therein,
in such portion, for fair market value.
3. No trustee of the trust and no person in which such trustee has a
financial interest shall be a developer of the non-institutional portion
of any combined-use facility.
S 21.15. Application of law. Any other provision of any other law to
the contrary notwithstanding:
1. All of the applicable provisions of the general municipal law or of
any other law shall apply to the trust herein continued in the same
manner as if the language of such law had been incorporated in full into
this article, except to the extent that such provisions are inconsistent
with the provisions of this article.
2. The repeal of article thirteen-F of the general municipal law, and
the enactment of this article with modifications as to the general
reference of sections within this article, shall not be construed to
take away, impair, or affect any right, remedy, responsibility or
authority acquired or given by the provisions so repealed, including any
covenants with bondholders or any legal contracts or agreements with any
person or political subdivision of this state; and all existing suits or
proceedings may be continued and completed; and all offenses committed
or penalties or forfeitures incurred shall continue and remain in force
with the same effect as if this article had not become law.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 22
TRUST FOR CULTURAL RESOURCES OF THE COUNTY OF ONONDAGA
Section 22.01. Special definitions.
22.03. Legislative findings and statement of purposes.
22.05. Creation and administration of the trust.
22.07. Special powers of the trust relating to assisting
participating cultural institutions.
22.09. Special provisions relating to the financing and
development of facilities in the county of Onondaga.
S 22.01. Special definitions. As used or referred to in this article,
all terms shall have the meanings set forth in section 20.03 of this
chapter, except that the following terms shall have the following
meanings:
1. "County" shall mean the county of Onondaga.
2. "County executive" shall mean the county executive of the county of
Onondaga.
3. "Not-for-profit cultural organization" shall mean a not-for-profit
cultural organization as defined in section 20.03 of this chapter which
is located in the county of Onondaga.
4. "Facility" shall mean a facility for a not-for-profit cultural
organization.
5. "Trust for cultural resources" or "trust" shall mean the trust for
cultural resources of the county of Onondaga created by this article.
S 22.03. Legislative findings and statement of purposes. 1. The
legislature hereby finds, determines and declares:
(a) that certain major cultural institutions located in the county are
invaluable cultural, educational and recreational resources of the state
and the continued operation of such institutions in the county is for
the benefit of the people of the state and the county;
(b) that by reason of the severe economic and fiscal problems facing
both the state and county, neither the state nor the county is able
adequately to support the cultural institutions of the county in their
efforts both to provide cultural, recreational and educational
opportunities to the people of the state and to improve the viability
and growth of cultural organizations in the county; and
(c) that it is in the interest of the people of the state and for
their benefit and welfare to encourage the creative and innovative use
of public and private resources in order to preserve and protect the
cultural resources of the county and otherwise to effectuate the
purposes of this article and article twenty of this chapter by the
creation of the trust for cultural resources of the county of Onondaga.
2. The legislature hereby further finds, determines and declares that
the creation of the trust for cultural resources of the county of
Onondaga and the delegation to the trust of part of the sovereign power
of the state are in all respects for the benefit of the people of the
state and constitute a governmental, state, municipal and public
purpose; and that the exercise by the trust of the functions and powers
granted to it under this article constitutes the performance of an
essential public and governmental function.
S 22.05. Creation and administration of the trust. 1. There is
hereby created the trust for cultural resources of the county of
Onondaga which shall have all the powers, rights, privileges and
exemptions of a trust for cultural resources described in article twenty
of this chapter and this article.
2. The board of trustees of the trust shall consist of five trustees,
all of whom shall be appointed by the county executive with the approval
of the county legislature after consultation with persons designated by
participating cultural institutions. The county executive, after
consultation with such persons, shall appoint a trustee as chairman of
the board of trustees. The chairman shall preside over all meetings of
the board of trustees, and after consultation with the county executive,
the chairman shall appoint a trustee as president and chief executive
officer of the trust. The chairman and the president and chief
executive officer shall have such powers and duties as are set forth in
the by-laws of the trust. Trustees shall be appointed for a term of six
years from the effective dates of their appointments; provided, however,
that the term of office of two trustees first appointed, other than the
chairman and the president, shall be five years, and the term of office
of one trustee first appointed, other than the chairman and the
president, shall be four years. All trustees shall continue to hold
office until their successors have been appointed. If at any time there
is a vacancy in the membership of the board of trustees, by reason of
death, resignation, disqualification or otherwise, such vacancy shall be
filled for the unexpired term in the same manner as the original
appointment. The county executive may remove any trustee from office for
cause.
S 22.07. Special powers of the trust relating to assisting
participating cultural institutions. In addition to such powers as are
conferred elsewhere in article twenty of this chapter and this article,
the trust shall have the following powers which may be exercised, at the
discretion of the board of trustees, solely and exclusively in
furtherance of its corporate purposes with or without public auction or
bidding:
1. to undertake surveys of the present and anticipated needs of
not-for-profit cultural organizations in the county, including without
limitation the need for development of the facilities of such
organizations, in order to determine whether or not the trust may
effectively exercise its powers and fulfill its purposes in cooperation
with any such organizations;
2. to develop facilities for not-for-profit cultural organizations or
cause such facilities to be developed, in accordance with this article
and article twenty of this chapter, to acquire in connection therewith
real property of a not-for-profit cultural organization, subject to the
retention or creation by such organization of any future or remainder
interests in such property, all of which shall be valid notwithstanding
any rule against perpetuities, and in connection therewith, to install
or cause to be installed water, fuel, gas, electrical, telephone,
heating, air-conditioning and other utility services, including
appropriate connections;
3. to maintain, repair, keep up, manage and operate its real property
and any facility for a not-for-profit cultural organization or part
thereof developed by or pursuant to an agreement with it, by means which
may include the enforcement of its rules and regulations in the manner
described in subdivision d of section two hundred two of the
not-for-profit corporation law with the same effect as though such
subdivision applied to the trust and to such property and facility;
4. to offer to convey and to convey all or any part of the
non-institutional portion of a facility or any interest therein, and to
take any and all actions deemed necessary or appropriate by the trust to
advertise, promote, encourage, and effect such conveyances, all future
or remainder interests created or retained by the trust in connection
therewith which shall be valid notwithstanding any rule against
perpetuities;
5. to convey with or without consideration, to a not-for-profit
cultural organization the institutional portion of a facility developed
in cooperation with such organization and any real property held by the
trust in connection with such development;
6. to enter into a partnership, joint venture or other enterprise in
any capacity deemed by it to be appropriate, for the purpose of
developing and operating a facility for a not-for-profit cultural
organization or any part thereof;
7. to convey, without public auction or bidding, any real property to
a developer for the purpose of developing therein or thereon a facility,
or a part or portion thereof, subject to the creation or retention by
the trust of such future or remainder interests in such property as it
deems appropriate, all of which shall be valid notwithstanding any rule
against perpetuities;
8. to purchase or lease the institutional portion of a facility from
the developer thereof for use and occupancy by a not-for-profit cultural
organization;
9. to furnish not-for-profit cultural organizations with advice and
with technical and other assistance; to act as liaison with federal,
state and municipal and other local authorities and with users and
occupants of facilities with respect to the cultural, recreational and
educational activities provided by not-for-profit cultural
organizations; and otherwise to foster and encourage greater public
knowledge of, and participation in, the cultural, recreational and
educational activities of such organizations;
10. to organize one or more wholly-owned subsidiary corporations under
any applicable provision of law and to perform through such subsidiaries
or cause such subsidiaries to perform all or any part of its powers and
functions;
11. to establish and promulgate such rules and regulations as the
trust may deem necessary, convenient or desirable for the use and
operation of any facility, or part thereof, and for the use of any real
property developed or to be developed by or pursuant to an agreement
with it, including but not limited to rules and regulations governing
the conduct and safety of the public on such premises;
12. to make and execute such agreements, including without limitation,
instruments of conveyance and agreements with not-for-profit cultural
organizations with respect to the architectural and design
characteristics of any facility, as are necessary or convenient for the
exercise of its corporate powers and the fulfillment of its purposes;
and
13. to make loans in accordance with article twenty of this chapter.
S 22.09. Special provisions relating to the financing and development
of facilities in the county of Onondaga. 1. No individual who serves on
the board of trustees, or equivalent body, of a not-for-profit cultural
organization shall be a developer of, or share in any profits arising
from the development of, the non-institutional portion of a facility
developed or designed to be developed for use or occupancy by such
organization; provided that: (a) a person in which such individual has a
financial interest not exceeding five per centum of the equity of such
person may be a developer of, and may share in any profits arising from
the development of, such non-institutional portion, if such individual
refrains from voting at any meeting of the board of trustees, or
equivalent body, of such institution on any matter relating to the
approval by the trust of such person as a developer of such portion and
the terms and conditions of any agreement relating thereto; (b) a person
in which such individual has a financial interest may make a loan to the
trust, to a developer or to any other person in the ordinary course of
business in connection with such development; and (c) any such
individual may purchase or rent an apartment, or any interest therein,
in such portion, for fair market value.
2. No trustee of the trust and no person in which such trustee has a
financial interest shall be a developer of the non-institutional portion
of any facility.
3. In any case in which real property, consisting of all or any part
of the non-institutional portion of a combined-use facility or in or on
which all or any part of such portion prior to completion is designed to
be and upon completion is developed, is exempt from real property
taxation pursuant to section 20.33 of this title, and subject to any
agreements with the holders of its bonds or notes, the trust shall pay
or cause to be paid by means which may include an agreement with a
participating not-for-profit cultural organization, a developer or an
owner, annual sums in lieu of taxes to any municipality or political
subdivision of the state to which such taxes would otherwise be owed,
provided that such payments in lieu of taxes shall be for the full
amount of any such tax payments due and owing, unless such municipality
or other political subdivision shall agree to a lesser payment for a
length of time to be specified in an agreement between the trust and
such municipality or political subdivision; and provided further that
the trust shall not be empowered to receive tax equivalency payments;
and further provided, that the non-institutional portion shall not be
exempt from real property taxation from and after the date a trust
conveys such non-institutional portion to any non-exempt third party.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE F
THEATRICAL SYNDICATION FINANCING
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 23
REGULATION OF THEATRICAL SYNDICATION FINANCING
Section 23.01. Legislative findings and declaration of policy.
23.03. Definitions.
23.05. Investigations.
23.07. Records; bank accounts.
23.08. Proceeds from advance ticket sales; refunds.
23.09. Application of article; exemptions.
23.11. Injunctions; modification or dissolution.
23.13. Application of the provisions of civil practice law and
rules.
23.15. Immunity.
23.17. Enforcement by attorney general.
23.19. Unlawful retention of payments.
23.21. Violations and penalties.
23.23. Prohibited activities of ticket distributors.
S 23.01. Legislative findings and declaration of policy. The legislature
hereby finds and declares that:
1. The maintenance and well-being of the legitimate theatre in this state
is essential to the cultural, moral and artistic well-being of the people
of the state.
2. It is hereby determined and declared that the promotion and financing
of theatrical productions, as defined in this article, are matters affected
with a public interest and subject to the supervision of the state for the
purpose of safeguarding investors and other members of the public against
fraud, fraudulent accountings, financial misconduct, exorbitant rates and
similar abuses.
3. It is further determined and declared that the integrity of box
office operations as they relate to the allocation, distribution and
advance sale of tickets to the public for theatrical productions, concerts,
sporting events or other events, as defined herein, is a matter affected
with a public interest and subject to the supervision of the state for the
purpose of safeguarding ticket purchasers against practices which lead to
charges beyond the premium permitted by law for tickets to such events, to
the inability of such purchasers to obtain an exchange of tickets or refund
following the nonperformance of the event for which tickets were purchased
in advance, and to other similar abuses.
S 23.03. Definitions. 1. The following terms, whenever used or
referred to in this article, shall have the following meanings, unless
the context clearly requires otherwise:
(a) A "theatrical production" shall mean those live-staged dramatic
productions, dramatic-musical productions and concerts, as defined in
this subdivision, which hereafter are shown to the public for profit and
which are financed wholly or in part by the offering or sale in or from
this state, directly, or through agents or distributors, of investment
agreements, evidences of interest, limited partnerships, producer
shares, equity or debt securities, pre-organization subscriptions or any
other syndication participation, when any persons are offered, solicited
to purchase or sell, directly or indirectly, such syndication interests
for moneys or services within or from the state of New York; provided,
however, that for purposes of paragraphs (h) and (i) of this subdivision
a "theatrical production" shall mean any live-staged dramatic
production, dramatic-musical production or concert which is presented to
the public in a place of entertainment as defined in this subdivision.
(b) "Fraud", "deceit", and "defraud", as such terms are used in this
article, are not limited to common-law deceit.
(c) "Syndication" shall mean all forms, methods and devices for
pooling of investment funds for the chief purpose of participating in a
theatrical production company, as defined herein.
(d) A "principal" shall mean and include every person or firm directly
or indirectly controlling the business affairs or operations of a
theatrical production company or of a ticket distributor, as defined
herein.
(e) A "person" shall mean an individual, firm, company, partnership,
corporation, trust or association.
(f) A "concert" shall mean any live performance whether musical or
spoken, dramatic or nondramatic, by one or more performers, which is
presented to the public in a place of entertainment, as defined in this
subdivision.
(g) A "sporting event" shall have the same meaning as set forth in
subdivision three of section 23.23 of this article.
(h) The term "event" shall mean a theatrical production or sporting
event, as those terms are defined in this subdivision, or any other
public exhibition, game, show, contest or performance which is presented
to the public in a place of entertainment as defined in this
subdivision.
(i) A "place of entertainment" shall mean a theatre, dinner theatre,
hall, coliseum, convention center, arena, auditorium, stadium, concert
hall, garden, outdoor space or other place of amusement operated as a
for profit entity and located in this state in which theatrical
productions, sporting events or other events are presented.
(j) A "theatrical production company" shall mean any entity formed to
(i) develop, produce, invest in or otherwise exploit, or any combination
thereof, one or more specified or nonspecified theatrical productions,
and (ii) conduct all activities related thereto.
(k) The term "advance ticket" shall mean a ticket of admission sold
more than twelve hours in advance of the time of performance of the
event for which the ticket is purchased.
(l) The term "ticket distributor" shall have the same meaning as set
forth in subdivision one of section 23.23 of this article.
2. Accurate books and records of account shall be maintained by each
theatrical production company. Every producer of a theatrical production
shall at least once for each twelve month fiscal period beginning with
the initial expenditure of investors` funds (other than those of any
principal), within four months after the end of such period or the last
public performance of the original production in New York state,
whichever is sooner, furnish to all investors and to the department of
law a written balance sheet and statement of profit and loss which shall
be prepared by an independent public accountant and contain an express
opinion by such accountant that such statements fairly present the
financial position and results of operations of the theatrical
production company, hereinafter referred to as "certified statement".
Notwithstanding the aforesaid, in no event shall a producer be required
by this subdivision to submit certified statements to investors for any
period less than twelve months following the period covered by a prior
certified statement. Irrespective of the aforesaid, and in addition
thereto, every such producer shall also furnish each investor and the
department of law with an accurate and truthful itemized statement of
income and expenditure for every six month period not covered by a
previously issued certified statement or a certified statement required
to be issued hereunder for a period ending at such time, which
additional statement shall be subscribed to by the producer as accurate,
and may be submitted within three months after the close of such six
month period. Following the last public performance in New York state of
the original production, the producer shall accurately report to the
investors and the department of law, at least once within four months
after the end of each year thereafter, with respect to any subsequent
earnings or expenditures by the theatrical production, which shall be
truthful and accurate and which shall be subscribed to by the producer
as accurate. The attorney general may adopt, promulgate, amend and
rescind rules and regulations setting forth other accounting
requirements than set forth above, which may be selected by a producer
in lieu of the accounting requirements set forth above. Upon conditions
set forth by the attorney general, such rules and regulations may
further provide for the issuance of an exemption from the requirements
herein (i) for offerings of less than two hundred fifty thousand
dollars, (ii) for offerings made to less than thirty-six persons in or
from this state, or (iii) for such other offerings and upon such other
grounds as may be determined by the attorney general.
This subdivision shall not apply to any production whose first
performance in New York state preceded June first, nineteen hundred
sixty-four.
3. Except as otherwise provided herein, no offering of syndication
interests in a theatrical production company, as defined herein, shall
be made within or from this state without the use of a prospectus or
offering circular making full and fair disclosure of material facts
pertaining to the particular venture. The attorney general may also
issue rules and regulations requiring the submission to prospective
investors in such offerings an offering circular and amendments thereto
containing a concise and accurate description of the nature of the
offering, profits to promoters and others, the background of the
producers, a description of subsidiary rights and other pertinent
information as will afford potential investors or purchasers and
participants an adequate basis upon which to found their judgment, but
the attorney general shall accept offering literature filed with the
Securities and Exchange Commission and authorized for use by such agency
as complying therewith as of the date of receipt of a true copy by the
department of law of such literature and proof of authorization by the
Securities and Exchange Commission by affidavit or otherwise. The
attorney general may also provide for the method of filing of offering
literature other than that filed with the Securities and Exchange
Commission, as well as underlying documents, with the department of law
at its office in the city of New York, prior to the offering of the
syndication interest involved; however, any such regulation also shall
provide that all funds derived from the sale of such theatrical
syndication interests shall be held in trust in a special bank account
until the attorney general has issued to the issuer or other offeror a
letter stating that the offering has been permitted to be filed; but in
that event such regulation promulgated by the attorney general shall
also provide that the attorney general, not later than fifteen days
after such submission, shall issue such a letter or, in the alternative,
a notification in writing indicating deficiencies therein. The
provisions of this subdivision shall not apply to offerings to less than
thirty-six persons where express waivers in writing to the filing and
offering circular requirements of this subdivision are filed with the
department of law by or on behalf of all investors.
4. A limited partnership that is a theatrical production company is
exempt from the requirement for publishing its certificate or notice
under sections ninety-one, 121-201 and 121-902 of the partnership law so
long as the words "limited partnership" appear in its name.
5. It shall be unlawful for any person, in connection with the offer,
sale, or purchase of any syndication interest in any theatrical
production company, as defined herein, directly or indirectly:
(a) To employ any device, scheme, or artifice to defraud;
(b) To willfully make any untrue statement of a material fact or to
omit to state a material fact necessary in order to make such statement
made, not misleading; or
(c) To engage in any act, practice, or course of business which he
knows or reasonably should have known operates or would operate as a
fraud or deceit upon any person.
6. Any person, partnership, corporation, company, trust or association
or any agent or employee thereof, who (or which), having engaged in any
act or practice constituting a violation of subdivision five of this
section, commits additional acts under such circumstances as to
constitute a felony, the crime of conspiracy, petit larceny, or more
than one of the aforesaid, shall be punishable therefor, as well as for
the violation of subdivision five of this section, and may be prosecuted
for each crime, separately or in the same information or indictment,
notwithstanding any other provision of law.
S 23.05. Investigations. 1. Whenever it shall appear to the attorney
general either upon complaint or otherwise that any person has violated
or is about to violate any provision of this article, or that he
believes it necessary to aid in the enforcement of this article or in
the prescribing of rules or regulations hereunder, the attorney general:
(a) May make such public or private investigations within or outside
of this state as he deems necessary to determine whether any person has
violated or is about to violate any provision of this article or any
rule or regulation hereunder, or to aid in the enforcement of this
article or in the prescribing of rules and forms hereunder; and
(b) May require or permit any person to file a statement in writing,
under oath or otherwise as the attorney general determines, as to all
the facts and circumstances concerning the matter to be investigated.
2. The attorney general, or any officer designated by him, is
empowered to subpoena witnesses, compel their attendance, examine them
under oath before him or a court of record or a judge or justice
thereof, and require the production of any books or papers which he
deems relevant or material to the inquiry. Such power of subpoena and
examination shall not abate or terminate by reason of any action or
proceeding brought by the attorney general under this article.
3. No person shall be excused from attending such inquiry in
pursuance to the mandate of a subpoena, or from producing a paper or
book, or from being examined or required to answer a question on the
ground of failure of tender or payment of a witness fee and/or mileage,
unless at the time of such appearance or production, as the case may be,
such witness makes demand for such payment as a condition precedent to
the offering of testimony or production required by the subpoena and
unless such payment is not thereupon made. The provision for payment of
witness fee and/or mileage shall not apply to any officer, director or
person in the employ of any person, partnership, corporation, company,
trust or association whose conduct or practices are being investigated.
4. If a person subpoenaed to attend such inquiry fails to obey the
command of a subpoena without reasonable cause, or if a person in
attendance upon such inquiry shall without reasonable cause refuse to be
sworn or to be examined or to answer a question or to produce and permit
reasonable examination of a book or paper when ordered so to do by the
officer conducting such inquiry, or if a person, partnership,
corporation, company, trust or association fails to perform any act
required hereunder to be performed, he shall be guilty of a misdemeanor.
5. It shall be the duty of all public officers, their deputies,
assistants, subordinates, clerks or employees and all other persons to
render and furnish to the attorney general or other designated officer
when requested all information and assistance in their possession or
within their power with respect to all matters being investigated by the
attorney general under this article. Any officer participating in such
inquiry and any person examined as a witness upon such inquiry who shall
disclose to any person other than his attorney or the attorney general
the name of any witness examined or any other information obtained upon
such inquiry except as directed by the attorney general shall be guilty
of a misdemeanor.
S 23.07. Records; bank accounts. All moneys raised from the offer and
sale of syndication interests in a theatrical production company, as
defined herein, shall be held in a special bank account in trust until
actually employed for pre-production or production purposes of the
particular theatrical production company or returned to the investor or
investors thereof. All the records of such bank account and bank
transactions shall be preserved for at least two years. It shall be clearly
set forth in writing in an investment agreement and any prospectus or
circular distributed to each investor in a theatrical production company,
as defined herein, that all moneys raised from the offer and sale of
syndication interests in a theatrical production company, as defined
herein, shall be held in a special bank account in trust until actually
employed for pre-production or production purposes of the particular
theatrical production company or returned to the investor or investors
thereof. Any provision of any contract or agreement or understanding,
whether oral or in writing, whereby a person who so purchases an interest
in any theatrical production company syndication, as defined herein, waives
any provision of this section is absolutely void.
S 23.08. Proceeds from advance ticket sales; refunds. 1. Any ticket
distributor who offers or sells to the public in or from the state of New
York, advance tickets of admission to events to be held in places of
entertainment, or who contracts for the sale of such advance tickets of
admission, and accepts in advance partial or full payment of the purchase
price therefor, shall, no later than the next business day after receipt
thereof, deposit all such advance payments in an escrow account in a bank,
trust company, savings bank, or state or federal savings and loan
association, located in this state. A separate escrow account shall be
established for each place of entertainment. Monies deposited in escrow
shall be released upon performance of each event for which such monies have
been deposited to the extent that such monies represent payment for advance
tickets sold for the performed event. The person who offers or sells
advance tickets shall not be required to keep in separate depository
accounts the funds of the separate ticket purchasers from whom payments
have been received, provided his books of account shall clearly show the
number of tickets sold at each price for each theatrical production,
concert or sporting event for which a separate escrow account has been
established, and the total amount of advance ticket revenues. Each advance
ticket purchaser shall, until the performance of the event for which the
advance ticket has been purchased, retain a property interest in that
portion of the deposit which equals the amount he has paid for such advance
ticket, and shall be entitled to a refund for such amount if the
performance of the event for which such ticket has been purchased in
advance has been cancelled or rescheduled, except as provided for by
subdivision three of this section.
2. In lieu of the deposit of all such advance payments in an escrow
account as provided in subdivision one of this section, any ticket
distributor who offers or sells advance tickets may post with the secretary
of state in a form, substance and amount satisfactory to the attorney
general, a letter of credit drawn on a bank, trust company, savings bank,
or state or federal savings and loan association, located in this state, or
a bond or contract of indemnity, issued by a surety company licensed to
execute such an instrument in this state, such letter of credit, bond or
contract of indemnity to be in favor of the state for the benefit of any
person who has purchased an advance ticket if performance of the event for
which such ticket has been purchased has been cancelled or rescheduled,
except as provided for by subdivision three of this section. The amount of
the escrow account required to be established under subdivision one of this
section may be reduced by the amount of the letter of credit, bond or
contract of indemnity provided for in this subdivision provided that the
combined amount of money held in such escrow account and the value of such
letter of credit, bond or contract of indemnity shall at all times at least
be equal to the amount of money collected from advance ticket sales for all
events to be held at each place of entertainment.
3. The refund provisions of subdivisions one and two of this section
shall not apply where (i) there was no material change in the time of the
performance of the event or in the location at which the event was held;
(ii) the performance of such event was rescheduled due to an Act of God,
war, riot or other catastrophe as to which negligence or willful misconduct
on the part of the ticket distributor who offered or sold such advance
tickets was not the proximate cause and where the advance ticket purchaser
was given the right to use his or her ticket for such rescheduled
performance or the right to exchange such ticket for a ticket comparable in
price and location to another, similar event; or (iii) the back of the
ticket conspicuously states that if the performance is cancelled or
rescheduled, the ticket distributor shall not be required to refund the
ticket price if the ticket purchaser is given the right, within twelve
months of the originally scheduled date of the performance, to attend a
rescheduled performance of the same event or to exchange such ticket for a
ticket comparable in price and location to another, similar event.
S 23.09. Application of article; exemptions. 1. The provisions of
article twenty-three-A of the general business law shall not be applicable
to offerings subject to the requirements of this article, or with respect
to such offerings, to producers or principals thereof.
2. The provisions of subdivisions one and two of section 23.08 of this
article shall not apply to any ticket distributor who offers or sells
advance tickets of admission, as set forth in such subdivisions, if such
ticket distributor or a principal thereof which owns or controls a fifty
percent or greater interest in such ticket distributor or which owns or
controls less than a fifty percent interest but at least a twenty-five
percent interest in such ticket distributor and actively participates in
the day-to-day management of such ticket distributor or otherwise exercises
managerial control:
(a) has, for a period in excess of ten years, produced or presented
events at the same place of entertainment or produced or presented events
under the same corporate or organizational name; or
(b) controls, is controlled by or under common control with any ticket
distributor which has, for a period in excess of ten years, produced or
presented events at the same place of entertainment or produced or
presented events under the same corporate or organizational name; or
(c) maintains minimum net capital of one hundred thousand dollars or
minimum net worth or, if a corporation, shareholder`s equity of two hundred
thousand dollars; or
(d) offers or sells advance tickets of admission to a theatre or other
place of entertainment as defined in section 23.03 of this article (i)
which contains no more than ninety-nine seats for paying customers, or (ii)
for which the average ticket sale revenues, as measured over the preceding
fifty-two week period, does not exceed two thousand five hundred dollars
per week for each week for which tickets are sold; or
(e) is a not-for-profit, educational, charitable, or tax-exempt
organization which sells tickets to an event produced or presented by the
organization.
The attorney general may from time to time make, amend and rescind such
rules and regulations as are necessary to carry out the provisions of this
article, notwithstanding any other provision of this section, providing for
exemptions therefrom when he finds such action is not inconsistent with the
public interest and defining any terms, whether or not used in this
article, insofar as the definitions are not inconsistent with the
provisions of such article.
S 23.11. Injunctions; modification or dissolution. 1. Whenever the
attorney general shall believe from evidence satisfactory to him that any
person has engaged or is about to engage in any act or practice
constituting a violation of any provision of this article or any rule or
regulation hereunder, he may in his discretion bring an action in the
supreme court of the state of New York to enjoin the acts or practices and
to enforce compliance with this article or any rule or regulation
hereunder. Upon a proper showing a permanent or temporary injunction or
restraining order shall be granted, which may include the appointment of a
temporary or permanent receiver of all of the assets and affairs of a
theatrical production, as defined herein, for the purpose of transacting
the affairs or liquidating such production, upon conditions set by the
court, whenever such relief is deemed by such court in the interest of the
investor and the public generally. Upon a showing by the attorney general
that a violation of this article or any rule or regulation thereunder has
occurred, he may include in an action under this article an application to
direct restitution of any moneys or property obtained directly or
indirectly by such violation. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not more than one thousand dollars for each such violation.
2. Any person against whom an injunction has been granted under the
provisions of this article may apply to the supreme court at any time after
five years from the date such permanent injunction became effective, upon
at least sixty days` notice to the attorney general, for an order
dissolving such injunction or modifying the same upon such terms and
conditions as the court deems necessary or desirable. Such application for
dissolution or modification of such injunction shall contain a recitation
of the facts and circumstances which caused the granting of the injunction;
the occupation and employment of the person making the application and his
financial remuneration therefrom since the time the injunction was granted;
his net worth at the time of the application and the sources thereof,
together with any other facts bearing upon the reasonableness of the
application and the character of the applicant, as may enable the court to
issue an order that will properly dispose of such application in the
interests of justice. A copy of such application, together with copies of
any other papers in support thereof, shall be served upon the attorney
general at least sixty days prior to the return date thereof. In addition
thereto the applicant shall file with the court a good and sufficient
surety bond in the sum of one thousand dollars guaranteeing that he will
pay all costs and expenses of an investigation by the attorney general of
such applicant and the statements and claims alleged in the application
together with any further investigation which the attorney general may deem
necessary or desirable to determine whether he should consent to the
application, oppose the same or make such other recommendations to the
court as in his opinion are desirable to be included in any modification of
such injunction. Should it appear in the course of such investigation by
the attorney general that said sum is not sufficient, the attorney general
may apply to the court by usual notice of motion or order to show cause for
an increase in the amount of security or further surety bond necessary to
fully pay all of the costs of the investigation and the court may require
such further bond as the situation requires to fully pay such costs and
expenses. Upon the completion of such investigation, the attorney general
may file an answer to such application setting forth such facts as are
pertinent to the determination by the court of the matter before it and
whether said injunction should be dissolved, modified or continued in whole
or in part and what conditions, if any, shall be attached to any
dissolution or modification of said injunction. After a hearing upon such
application and after any further investigation, proof or testimony which
the court may order, it may make a final order dissolving the permanent
injunction or modifying the same upon such terms and conditions as in its
opinion are just and desirable, or in its discretion, may deny the
application. Such order shall contain a direction that the applicant pay to
the attorney general the costs and expenses of the investigation in
connection with the proceeding, and any judgment entered thereon may be
enforced directly against the surety on the bond. The court shall grant no
temporary or other relief from the injunction in force pending a final
determination of such application. No application under this subdivision
shall be entertained: (a) where the injunction was granted as an incident
to a crime of which the applicant has been convicted, nor (b) in any case
where the applicant has been convicted of a felony or a crime that would be
a felony if committed in the state of New York since the issuance of the
injunction, nor (c) convicted at any time of any crime involving stocks,
bonds, investments, securities, or like instruments, nor (d) convicted at
any time of any crime involving theatrical syndication interests, which are
the subject matter of this article. Nor shall anything contained in this
subdivision be construed to deny to or interfere with the power of the
attorney general to bring any other action or proceeding, civil or
criminal, against the applicant at any time.
S 23.13. Application of the provisions of civil practice law and rules.
The provisions of the civil practice law and rules shall apply to all
actions and proceedings brought under this article except as herein
otherwise provided.
S 23.15. Immunity. Upon any investigation or proceeding before the
attorney general or other officer designated by him, or in any criminal
proceeding before any court, pursuant to or for a violation of any of
the provisions of this article, the attorney general or other officer
designated by him or the court, may confer immunity in accordance with
the provisions of section 50.20 of the criminal procedure law.
S 23.17. Enforcement by attorney general. The attorney general may
prosecute every person charged with a criminal offense in violation of this
article and regulations issued thereunder, or any violation of any other
law of this state applicable to or in respect to fraudulent practices in
connection with the offer, sale, negotiation or advertising of syndication
interests in theatrical productions, as defined herein. In all such
proceedings, the attorney general may appear in person or by his deputy
before any court of record or any grand jury and exercise all the powers
and perform all the duties in respect of such actions or proceedings which
the district attorney would otherwise be authorized or required to exercise
or perform; or the attorney general may in his discretion transmit
evidence, proof and information as to such offense to the district attorney
of the county or counties in which the alleged violation has occurred, and
every district attorney to whom such evidence, proof and information is so
transmitted may proceed to investigate and prosecute any corporation,
company, association, or officer, manager or agent thereof, or any firm or
person charged with such violation. In any such proceeding, wherein the
attorney general has appeared either in person or by deputy, the district
attorney shall only exercise such powers and perform such duties as are
required of him by the attorney general or the deputy attorney general so
appearing.
S 23.19. Unlawful retention of payments. Any producer, promoter,
principal, employee, general manager, company manager or agent of a
theatrical production company, as defined herein, who knowingly receives,
directly or indirectly, from any supplier, advertising agency, publication,
theatre owner, theatre treasurer, ticket agent, ticket broker, or other
firm or person having dealings with, or applicable to, the theatrical
production company, or from any employees or agents thereof, any cash,
checks, rebates, commissions, gifts, gratuities or other payments or
consideration for reason of the business operations, management, bidding,
negotiation or other operation of such theatrical production company or
arising out of the business of such theatrical production company, and who
does not pay such amounts or consideration into such theatrical production
company within a period of seventy-two hours thereafter, except where such
retention is expressly permitted by the theatrical production company and
where a written investor agreement signed by all investors represented that
such retention would be permitted by the theatrical production company,
shall be guilty of a misdemeanor, punishable by a fine of not more than
five hundred dollars or imprisonment for not more than one year, or both.
S 23.21. Violations and penalties. Any person, partnership, corporation,
company, trust or association willfully violating any of the provisions of
this article or any rule or regulation issued thereunder shall be guilty of
a misdemeanor punishable by a fine of not more than five hundred dollars,
or imprisonment for not more than one year, or both.
S 23.23. Prohibited activities of ticket distributors. 1. The term
"ticket distributor" shall mean all owners, operators or operating lessees
whether an individual, firm, company, partnership, corporation, trust or
association who control the operation of a place of entertainment, as that
term is defined in this article, including the allocation or distribution
of tickets to any event, as that term is defined in this article, and all
controlling partners, and controlling stockholders and controlling officers
of the aforesaid; and all agents, representatives, employees and licensees
of any of the aforementioned, including without limitation box office
treasurers and assistant treasurers of places of entertainment, who for any
period of time have control of the allocation or distribution by
designation or authority of the aforementioned, of tickets in connection
with the showing of events, but shall not include subordinate personnel
performing non-discretionary or ministerial functions in connection with
the allocation or distribution of tickets for events.
2. A "theatrical production" as used in this section shall mean those
live-staged dramatic productions, dramatic-musical productions and
concerts as defined in section 23.03 of this chapter which hereafter are
shown to the public in a place of entertainment.
3. A "sporting event" as used in this section shall mean those contests,
games, or other events involving athletic or physical skills which are
shown to the public in a place of entertainment and whose participants are
paid for the exhibition of their athletic or physical skills, but not
exhibitions under the jurisdiction of the state racing or state harness
racing commissions.
4. It shall be illegal and prohibited for any owner, lessee or operator
or manager or treasurer or assistant treasurer or any other ticket
distributor of a place of entertainment, as defined in this article, to
sell tickets to any event to be held in this state directly or indirectly,
through agents, employees or otherwise, unless and until there is filed
with the department of law of the state of New York by the ticket
distributor, directly or indirectly, controlling the distribution of
tickets a registration known as a "ticket distributor registration" on
which shall be contained the names, addresses and connection with the
distribution of tickets of all ticket distributors, as defined herein, on
forms issued by the attorney general of the state of New York, as
applicable to such registration and amendments thereto. It shall be illegal
for any ticket distributor to sell tickets, or control the sale thereof,
unless named on such registration. The attorney general may issue an order
cancelling or suspending the name of a particular individual or individuals
from such registration or issue an order barring such person from selling
any tickets to any event to be held in this state as aforesaid whether or
not the person`s name appears on any particular registration after a
hearing, conducted by him or a designated officer, when, based upon
substantial evidence on the entire record, it is determined that: such
ticket distributor or any person who resells tickets to any event to be
held in this state subsequent to October first, nineteen hundred
sixty-five, directly or indirectly, has willfully aided, abetted or
participated in exacting, demanding, accepting or receiving, directly or
indirectly, any premium or price in excess of the regular or established
price or charge, plus lawful taxes, as printed upon the face of each ticket
or other evidence of the right of entry thereto, for tickets to any event
to be held in this state from members of the public or ticket brokers or
agents, whether designated as price, gratuity or otherwise; or whenever
such ticket distributor has been convicted of any crime relating to the
sale of tickets to any event, or violations of this article; or whenever
such ticket distributor shall have engaged in any practice in connection
with the sale of tickets to any event which operates as a fraud upon the
public or amounts to financial misconduct, or the exacting of exorbitant
rates or other similar abuses; or whenever any ticket distributor has
willfully violated any provision of this article or any rule or regulation
issued thereunder. The attorney general may also issue rules and
regulations relating to the maintenance of box office records of places of
entertainment and with respect to the filing and content of ticket
distributor registrations, including exemptions relating to educational
institutions which the attorney general may determine to be in the public
interest.
5. All ticket distributors as defined in this section shall keep or
cause to be kept books, records, memoranda or correspondence containing the
following information in connection with the sale or distribution of
tickets:
(a) The number of tickets sold, allocated or distributed to ticket
brokers licensed pursuant to article twenty-five of this chapter or other
known brokers, specifying the price and location of each ticket sold,
allocated or distributed to each broker and the date and time of
performance of each such ticket.
(b) The number of tickets among those allocated and distributed to
brokers by ticket distributors, returned by each broker to ticket
distributors specifying the price of each such returned ticket and the date
and time of performance of each such ticket.
(c) The number of tickets sold or distributed as house seats with
recipients thereof; or to duly licensed theatre party agents representing
charitable or eleemosynary organizations, specifying the price and location
of each ticket sold, allocated or distributed and the date and time of
performance of each such ticket.
(d) All mail order correspondence, including disposition thereof.
All records required to be kept pursuant to this section shall be
preserved for a period of not less than one year subsequent to the date of
performance to which such record relates.
6. Any person aggrieved by an order of the attorney general hereunder may
obtain a review of such order in the appellate division of the supreme
court pursuant to article seventy-eight of the civil practice law and rules
by filing in such court within ten days after the entry of such order, a
notice of petition, petition and suitable affidavits as provided in
subdivision (c) of section seven thousand eight hundred four of the civil
practice law and rules, praying that the order of the attorney general be
modified or set aside in whole or in part upon any of the grounds set forth
in section seven thousand eight hundred three of the civil practice law and
rules.
7. If any provision of this section is in conflict with any provision of
any law of the state of New York or any municipality or subdivision thereof
or any rule or regulation thereof in force on October first, nineteen
hundred sixty-five, the provisions of this section shall prevail.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE G
REGULATION OF SALE OF THEATRE TICKETS
-----------------------------------------------------------------------
New York State Consolidated Laws
Arts and Cultural Affairs
* ARTICLE 25
TICKETS TO PLACES OF ENTERTAINMENT
Section 25.01. Legislative findings.
25.03. Definitions.
25.05. Exemptions.
25.07. Ticket prices.
25.08. Additional printing on tickets.
25.09. Ticket speculators.
25.11. Resales of tickets within one thousand feet of a place of
entertainment having a permanent seating capacity in
excess of five thousand persons.
25.13. Licensing of ticket resellers.
25.15. Bond.
25.17. Supervision and regulation.
25.19. Posting of license or certificate.
25.21. Removal of office.
25.23. Posting of price lists; information to purchaser.
25.25. Records of purchases and sales.
25.27. Commissions to employees of places of entertainment.
25.29. Unlawful charges in connection with tickets.
25.31. Suspension or revocation of licenses.
25.33. Private right of action.
25.35. Criminal penalties.
* NB Effective until 99/06/01
* ARTICLE 25
THEATRE TICKETS
Section 25.01. Matters of public interest.
25.03. Reselling of tickets of admission; licenses; fees.
25.05. Ticket speculators.
25.07. Bond.
25.09. Suspension or revocation of licenses.
25.11. Supervision and regulation.
25.13. Printing price on ticket.
25.15. Posting of license or certificate.
25.17. Removal of office.
25.19. Posting of price lists; information to purchaser.
25.21. Records of purchases and sales.
25.23. Commissions to employees of theatres.
25.25. Violations; penalties.
25.27. Unlawful charges in connection with theatre tickets.
* NB Effective 99/06/01
* S 25.01. Legislative findings. The legislature finds and declares
that the price of or charge for admission to places of entertainment is
a matter of public interest and subject to the supervision of the appro-
priate political subdivisions of the state for the purpose of safeguard-
ing the public against fraud, extortion, exorbitant rates and similar
abuses. The legislature further finds that many ticket resellers adver-
tise and sell tickets to New York state residents from locations outside
the state. It is the legislature`s intent that governmental bodies
charged with enforcement of this article have the authority to regulate
the activities of out-of-state resellers within this state to the full
extent of the state`s powers under the federal and state constitutions
and that this article be construed in light of this purpose. The legis-
lature further finds that circumstances occasionally arise that preclude
the use of tickets purchased in advance and that people need to recover
their expenses. This legislation recognizes that need in several of its
provisions. It is the intent of the legislature that enforcement of this
article shall also differentiate between those who would lawfully
recover their expenses and those who would gain substantial profits from
unlawful reselling of tickets.
* NB Effective until 99/06/01
* S 25.01. Matters of public interest. It is hereby determined and
declared that the price of or charge for admission to theatres, places
of amusement or entertainment, or other places where public exhibitions,
games, contests or performances are held is a matter affected with a
public interest and subject to the supervision of the appropriate poli-
tical subdivisions of the state for the purpose of safeguarding the
public against fraud, extortion, exorbitant rates and similar abuses.
* NB Effective 99/06/01
* S 25.03. Definitions. As used in this article the term: 1. "Enter-
tainment" means all forms of entertainment including, but not limited
to, theatrical or operatic performances, concerts, motion pictures, all
forms of entertainment at fair grounds, amusement parks and all types of
athletic competitions including football, basketball, baseball, boxing,
tennis, hockey, and any other sport, and all other forms of diversion,
recreation or show.
2. "Commissioner" means the commissioner of licenses of the political
subdivision in which such person intends to conduct business, and if
there is no such commissioner, then the chief executive officer thereof
shall be deemed the commissioner for purposes of this article.
3. "Established price" means the price fixed by the operator of any
place of entertainment for admission thereto, which must be printed or
endorsed on each ticket of admission.
4. "Maximum premium price" means any premium or price in excess of the
established price printed or endorsed on the ticket pursuant to section
25.07 of this article, plus lawful taxes, so that the ultimate price to
the purchaser of any such ticket shall not exceed the sum of the estab-
lished price plus five dollars or ten percent of the established price,
whichever is greater, plus lawful taxes.
5. "Not-for-profit organization" means a domestic corporation incorpo-
rated pursuant to or otherwise subject to the not-for-profit corporation
law, a charitable organization registered with the secretary of state, a
religious corporation as defined in section sixty-six of the general
construction law, a trustee as defined in section 8-1.4 of the estates,
powers and trusts law, an institution or corporation formed pursuant to
the education law, a special act corporation created pursuant to chapter
four hundred sixty-eight of the laws of eighteen hundred ninety-nine, as
amended, a special act corporation formed pursuant to chapter two
hundred fifty-six of the laws of nineteen hundred seventeen, as amended,
a corporation authorized pursuant to an act of congress approved January
fifth, nineteen hundred five, (33 stat. 599), as amended, a corporation
established by merger of charitable organizations pursuant to an order
of the supreme court, New York county dated July twenty-first, nineteen
hundred eighty-six and filed in the department of state on July twenty-
ninth, nineteen hundred eighty-six, or a corporation having tax exempt
status under section 501 (c) (3) of the United States Internal Revenue
Code, and shall further be deemed to mean and include any federation of
charitable organizations.
6. "Operator" means any person who owns, operates, or controls a place
of entertainment or who promotes or produces an entertainment.
7. "Place of entertainment" means any privately or publicly owned and
operated entertainment facility such as a theatre, stadium, arena, race-
track, museum, amusement park, or other place where performances,
concerts, exhibits, athletic games or contests are held for which an
entry fee is charged.
8. "Physical structure" means the place of entertainment, or in the
case where a structure either partially or wholly surrounds the place of
entertainment, such surrounding structure.
9. "Resale" means any sale of a ticket other than a sale by the opera-
tor or the operator`s agent who is expressly authorized to make first
sales of such tickets. Resale shall include sales by any means, includ-
ing in person, or by means of telephone, mail, delivery service, facsim-
ile or other electronic means, where either buyer or seller is located
in this state.
10. "Ticket" means any evidence of the right of entry to any place of
entertainment.
* NB Effective until 99/06/01
* S 25.03. Reselling of tickets of admission; licenses; fees. 1. No
person, firm or corporation shall resell or engage in the business of
reselling any tickets of admission or any other evidence of the right of
entry to a theatre, place of amusement or entertainment, or other places
where public exhibitions, games, contests or performances are held, or
own, conduct or maintain any office, branch office, bureau, agency or
sub-agency for such business without having first procured a license or
certificate therefor from the commissioner of licenses of the political
subdivision in which such person intends to conduct such business and if
there be no such commissioner, then the chief executive officer thereof
shall be deemed to be the commissioner for the purposes of this article.
A license for the principal office shall be granted upon the payment by
or on behalf of the applicant of a fee of two hundred dollars and shall
be renewed upon the payment of a like fee annually; and a certificate
shall be granted for each branch office, bureau, agency or sub-agency,
upon payment by or on behalf of an applicant of a fee of fifty dollars
and shall be renewed upon the payment of a like fee annually. Such
license or certificate shall not be transferred or assigned, except by
permission of such commissioner. No change in the location of the prem-
ises covered by such license or certificate shall be made, except by
permission of such commissioner, and upon the payment of a fee of ten
dollars. Such license or certificate shall run to the first day of Janu-
ary next ensuing the date thereof, unless sooner revoked by such commis-
sioner. Such license or certificate shall be granted upon a written
application setting forth such information as such commissioner may
require in order to enable him to carry into effect the provisions of
this article and shall be accompanied by proof satisfactory to such
commissioner of the moral character of the applicant. No license or
certificate shall be issued for any office or branch office, bureau,
agency or sub-agency unless such office or branch office, bureau, agency
or sub-agency shall be a suitable place for the conduct of said business
and shall meet with the approval of such commissioner.
2. This section shall not apply to any person, firm or corporation
which purchases any tickets as defined in this section with the intent
of using the tickets solely for their own use or the use of their invi-
tees, employees and agents and resells them at a price not in excess of
that permitted by section 25.13 of this article should they no longer be
able to use them.
* NB Effective 99/06/01
* S 25.05. Exemptions. 1. Except as provided in subdivision two of
section 25.07 and section 25.11 of this article, this article shall not
apply to any person, firm or corporation which purchases any tickets
with the intent of using the tickets solely for their own use or the use
of their invitees, employees and agents or which purchases tickets on
behalf of others with the intent of reselling such tickets to such
others without realizing a profit therefrom.
2. Except as provided in section 25.11 of this article, this article
shall not apply to any not-for-profit organization, or person acting on
behalf of such not-for-profit organization, so long as any profit real-
ized from ticket reselling is wholly dedicated to the purposes of such
not-for-profit organization.
* NB Effective until 99/06/01
* S 25.05. Ticket speculators. Any person who: 1. Conducts on or in
any street in a city or in the county of Nassau the business of selling
or offering for sale any ticket of admission or any other evidence of
the right of entry to any performance or exhibition in or about the
premises of any theatre or concert hall, place of public amusement,
circus or common show; or
2. Solicits on or in any street in a city or in the county of Nassau
by words, signs, circulars or other means any person to purchase any
such ticket or other evidence of the right of entry; or
3. In or from any building, store, shop, booth, yard, garden or in or
from any opening, window, door, hallway, corridor or in or from any
place of ingress or egress to or from any building, place of business,
store, shop, booth, yard or garden in a city or in the county of Nassau
indicates, holds out or offers for sale to any person or persons on or
in the street by word of mouth, crying, calling, shouting or other means
that such ticket or other evidence of the right of entry may be
purchased in such building, store, shop, booth, yard, garden or any
other place; or
4. In or from any such place or places in a city or in the county of
Nassau solicits by word of mouth, crying, calling, shouting or other
means any person on or in the street to purchase any such ticket or
other evidence of the right of entry, is guilty of a misdemeanor.
* NB Effective 99/06/01
* S 25.07. Ticket prices. 1. Every operator of a place of enter-
tainment shall, if a price be charged for admission thereto, print or
endorse on the face of each such ticket the established price. Such
operator shall likewise be required to print or endorse on each ticket
the maximum premium price at which such ticket or other evidence of the
right of entry may be resold or offered for resale.
2. Maximum premium price. It shall be unlawful for any person, firm or
corporation to resell or offer to resell any ticket to any place of
entertainment for more than the maximum premium price.
* NB Effective until 99/06/01
* S 25.07. Bond. The commissioner shall require the applicant for a
license to file with the application therefor a bond in due form to the
people of the political subdivision in which such license is issued in
the penal sum of one thousand dollars, with two or more sufficient sure-
ties or a duly authorized surety company, which bond shall be approved
by such commissioner. Each such bond shall be conditioned that the obli-
gor will not be guilty of any fraud or extortion, will not violate
directly or indirectly any of the provisions of this article or any of
the provisions of the license or certificate provided for in this arti-
cle, will comply with the provisions of this article and will pay all
damages occasioned to any person by reason of any misstatement, misrep-
resentation, fraud or deceit or any unlawful act or omission of such
obligor, his agents or employees, while acting within the scope of their
employment, made, committed or omitted in connection with the provisions
of this article in the business conducted under such license or caused
by any other violation of this article in carrying on the business for
which such license is granted. Such commissioner shall keep books where-
in shall be entered in alphabetical order all licenses granted and all
bonds received by him as provided for in this article, the date of the
issuance of such license and the filing of such bonds, which record
shall be open to public inspection. A suit to recover on the bond
required to be filed by the provisions of this article may be brought in
the name of the person damaged, upon the bond deposited with the poli-
tical subdivision by such licensed person, in a court of competent
jurisdiction. The amount of damages claimed by the plaintiff and not the
penalty named in the bond shall determine the jurisdiction of the court
in which the action is brought. One or more recoveries or payments upon
such bond shall not vitiate the same but such bond shall remain in full
force and effect, provided, however, that the aggregate amount of all
such recoveries or payments shall not exceed the penal sum thereof. Upon
the commencement of any action or actions against the surety upon any
such bond for a sum or sums aggregating or exceeding the amount of such
bond the commissioner shall require a new and additional bond in like
amount as the original one, which shall be filed with the commissioner
within thirty days after the demand therefor. Failure to file such bond
within such period shall constitute cause for the revocation of the
license theretofore issued to the licensee upon whom such demand shall
have been made. Any suit or action against the surety on any bond
required by the provisions of this section shall be commenced within one
year after the cause of action shall have accrued.
* NB Effective 99/06/01
* S 25.08. Additional printing on tickets. Every operator of a place
of entertainment having a permanent seating capacity in excess of five
thousand persons shall, if a price be charged for admission thereto,
print or endorse in a clear and legible manner on each ticket, "This
ticket may not be resold by an unlicensed vendor within one thousand
feet from the physical structure of this place of entertainment under
penalty of law".
* NB Repealed 99/06/01
* S 25.09. Ticket speculators. 1. Any person who in violation of
subdivision two of section 25.07 and section 25.13 of this article
unlawfully resells or offers to resell or solicits the purchase of any
ticket to any place of entertainment shall be guilty of ticket specu-
lation.
2. Any person, firm or corporation which in violation of subdivision
two of section 25.07 and section 25.13 of this article unlawfully
resells, offers to resell, or purchases with the intent to resell five
or more tickets to any place of entertainment shall be guilty of aggra-
vated ticket speculation.
* NB Effective until 99/06/01
* S 25.09. Suspension or revocation of licenses. In the event that any
licensee shall be guilty of any fraud or misrepresentation or otherwise
violate any of the provisions of this article or any other law or local
ordinance, such commissioner shall be empowered, on giving five days`
notice by mail to such licensee, and on affording such licensee an
opportunity to answer the charges made against him, to suspend or revoke
the license issued to him.
* NB Effective 99/06/01
* S 25.11. Resales of tickets within one thousand feet of a place of
entertainment having a permanent seating capacity in excess of five
thousand persons. 1. No person, firm, corporation or not-for-profit
organization shall resell, offer to resell or solicit the resale of any
ticket to any place of entertainment having a permanent seating capacity
in excess of five thousand persons within one thousand feet from the
physical structure of such place of entertainment unless such person,
firm, or corporation is lawfully reselling tickets from a location
licensed pursuant to section 25.13 of this article.
2. Notwithstanding subdivision one of this section, an operator may
designate an area within the property line of such place of enter-
tainment having a permanent seating capacity in excess of five thousand
persons for the lawful resale of tickets only to events at such place of
entertainment by any person, firm, corporation or not-for-profit organ-
ization which purchased the tickets for the purposes described in
section 25.05 of this article and is no longer able to use them.
* NB Effective until 99/06/01
* S 25.11. Supervision and regulation. Such commissioner shall have
power, upon complaint of any citizen or on his own initiative, to inves-
tigate the business, business practices and business methods of any such
licensee if in the opinion of such commissioner such investigation is
warranted. Each such licensee shall be obliged, on request of such
commissioner, to supply such information as may be required concerning
his business, business practices or business methods. Each owner, opera-
tor, producer, manager or employee of any theatre, theatrical company,
place of amusement or entertainment, or other place where public exhibi-
tions, games, contests or performances are held shall also be obliged,
on request of such commissioner, to supply such information as may be
required concerning the business, business practices or business methods
of any licensee. Such commissioner, in enforcing this article, shall
have the power to promulgate such rules and regulations as may be deemed
necessary for the protection of the public.
* NB Effective 99/06/01
* S 25.13. Licensing of ticket resellers. No person, firm or corpo-
ration shall resell or engage in the business of reselling any tickets
to a place of entertainment or own, conduct or maintain any office,
branch office, bureau, agency or sub-agency for such business without
having first procured a license or certificate for each location at
which business will be conducted from the commissioner of licenses of
the political subdivision in which such person intends to conduct such
business. A license for the principal office shall be granted upon the
payment by or on behalf of the applicant of a fee of two hundred dollars
and shall be renewed upon the payment of a like fee annually; and a
certificate shall be granted by such commissioner for each branch
office, bureau, agency or sub-agency of the principal, upon payment by
or on behalf of an applicant of a fee of fifty dollars and shall be
renewed upon the payment of a like fee annually. Such license or certif-
icate shall not be transferred or assigned, except by permission of such
commissioner. No change in the location of the premises covered by such
license or certificate shall be made, except by permission of such
commissioner, and upon the payment of a fee of ten dollars. Such license
or certificate shall run to the first day of January next ensuing the
date thereof, unless sooner revoked by such commissioner. Such license
or certificate shall be granted upon a written application setting forth
such information as such commissioner may require in order to enable him
or her to carry into effect the provisions of this article and shall be
accompanied by proof satisfactory to such commissioner of the moral
character of the applicant. No license or certificate shall be issued
for any office or branch office, bureau, agency or sub-agency unless
such office or branch office, bureau, agency or sub-agency shall be a
suitable place for the conduct of said business and shall meet with the
approval of such commissioner.
* NB Effective until 99/06/01
* S 25.13. Printing price on ticket. Every person, firm or corporation
who owns, operates or controls a theatre, place of amusement or enter-
tainment, or other place where public exhibitions, games, contests or
performances are held shall, if a price be charged for admission there-
to, print on the face of each such ticket or other evidence of the right
of entry the price charged therefor by such person, firm or corporation.
Such person, firm or corporation shall likewise be required to print or
endorse thereon the maximum premium (not to exceed two dollars, plus
lawful taxes), at which such ticket or other evidence of the right of
entry may be resold or offered for resale. It shall be unlawful for any
person, firm or corporation to resell or offer to resell such ticket or
other evidence of the right of entry at any premium or price in excess
of such maximum premium printed or endorsed thereon, plus lawful taxes,
or so that the ultimate price to the purchaser of such ticket shall
exceed a sum in excess of two dollars over and above the original price
charged for admission as printed on the face of each such ticket or
other evidence of the right of entry, plus lawful taxes.
* NB Effective 99/06/01
* S 25.15. Bond. The commissioner shall require the applicant for a
license to file with the application therefor a bond in due form to the
people of the political subdivision in which such license is issued in
the penal sum of one thousand dollars, with two or more sufficient sure-
ties or a duly authorized surety company, which bond shall be approved
by such commissioner. Each such bond shall be conditioned that the obli-
gor will not be guilty of any fraud or extortion, will not violate
directly or indirectly any of the provisions of this article or any of
the provisions of the license or certificate provided for in this arti-
cle, will comply with the provisions of this article and will pay all
damages occasioned to any person by reason of any misstatement, misrep-
resentation, fraud or deceit or any unlawful act or omission of such
obligor, his or her agents or employees, while acting within the scope
of their employment, made, committed or omitted in connection with the
provisions of this article in the business conducted under such license
or caused by any other violation of this article in carrying on the
business for which such license is granted. Such commissioner shall keep
books wherein shall be entered in alphabetical order all licenses grant-
ed and all bonds received by him as provided for in this article, the
date of the issuance of such license and the filing of such bonds, which
record shall be open to public inspection. A suit to recover on the bond
required to be filed by the provisions of this article may be brought in
the name of the person damaged, upon the bond deposited with the poli-
tical subdivision by such licensed person, in a court of competent
jurisdiction. The amount of damages claimed by the plaintiff and not the
penalty named in the bond shall determine the jurisdiction of the court
in which the action is brought. One or more recoveries or payments upon
such bond shall not vitiate the same but such bond shall remain in full
force and effect, provided, however, that the aggregate amount of all
such recoveries or payments shall not exceed the penal sum thereof. Upon
the commencement of any action or actions against the surety upon any
such bond for a sum or sums aggregating or exceeding the amount of such
bond the commissioner shall require a new and additional bond in like
amount as the original one, which shall be filed with the commissioner
within thirty days after the demand therefor. Failure to file such bond
within such period shall constitute cause for the revocation of the
license pursuant to section 25.31 of this article theretofore issued to
the licensee upon whom such demand shall have been made. Any suit or
action against the surety on any bond required by the provisions of this
section shall be commenced within one year after the cause of action
shall have accrued.
* NB Effective until 99/06/01
* S 25.15. Posting of license or certificate. Immediately upon the
receipt of the license or certificate issued pursuant to this article by
such commissioner, the licensee named therein shall cause such license
to be posted and at all times displayed in a conspicuous place in the
principal office of such business for which it is issued, and shall
cause the certificate for each branch office, bureau, agency or sub-a-
gency to be posted and at all times displayed in a conspicuous place in
such branch office, bureau, agency or sub-agency for which it is issued,
so that all persons visiting such principal office, branch office,
bureau, agency or sub-agency may readily see the same. Such license or
certificate shall at all reasonable times be subject to inspection by
such commissioner or his authorized inspectors. It shall be unlawful for
any person, firm, partnership or corporation holding such license or
certificate to post such license or certificate or to permit such
certificate to be posted upon premises other than those described there-
in or to which it has been transferred pursuant to the provisions of
this article or unlawfully to alter, deface or destroy any such license
or certificate.
* NB Effective 99/06/01
* S 25.17. Supervision and regulation. The commissioner shall have
power, upon complaint of any person or on his or her own initiative, to
investigate the business, business practices and business methods of any
such licensee which relates to this state`s or any other state`s ticket
resale law, or in regards to ticket resale practices generally. Each
such licensee shall be obliged, on the reasonable request of such
commissioner, to supply such information as may be required concerning
his or her business, business practices or business methods provided
that the information requested is related to the complaint which forms
the basis of such investigation. Each operator of any place of enter-
tainment shall also be obliged, on request of such commissioner, to
supply such information as may be required concerning the business,
business practices or business methods of any licensee provided that the
information requested is related to the complaint which forms the basis
of such investigation. Such commissioner shall have the power to promul-
gate such rules and regulations as may be deemed necessary for the
enforcement of this article.
* NB Effective until 99/06/01
* S 25.17. Removal of office. If the holder of an unexpired license or
certificate issued pursuant to this article shall remove the office,
branch office, bureau, agency or sub-agency to a place other than that
described in the license or certificate, he shall within the twenty-four
hours immediately following such removal, give written notice of such
removal to such commissioner, which notice shall describe the premises
to which such removal is made and the date on which it was made, and
send such license or certificate to such commissioner, at his office in
the political subdivision, and such commissioner shall cause to be writ-
ten or stamped across the face of such license or certificate a state-
ment to the effect that the holder of such license has removed on the
date stated in such written notice such principal office, branch office,
bureau, agency or sub-agency from the place originally described in such
license or certificate to the place described in such written notice,
and such license or certificate with the endorsement thereon shall be
returned to the licensee named therein. No tickets, or evidence or
tokens thereof, shall be sold at any place other than places for which a
license or certificate provided for by this article has been issued and
posted.
* NB Effective 99/06/01
* S 25.19. Posting of license or certificate. Immediately upon the
receipt of the license or certificate issued pursuant to this article by
such commissioner, the licensee named therein shall cause such license
to be posted and at all times displayed in a conspicuous place in the
principal office of such business for which it is issued, and shall
cause the certificate for each branch office, bureau, agency or sub-a-
gency to be posted and at all times displayed in a conspicuous place in
such branch office, bureau, agency or sub-agency for which it is issued,
so that all persons visiting such principal office, branch office,
bureau, agency or sub-agency may readily see the same. Such license or
certificate shall at all reasonable times be subject to inspection by
such commissioner or his authorized inspectors. It shall be unlawful for
any person, firm, partnership or corporation holding such license or
certificate to post such license or certificate or to permit such
certificate to be posted upon premises other than those described there-
in or to which it has been transferred pursuant to the provisions of
this article or unlawfully to alter, deface or destroy any such license
or certificate.
* NB Effective until 99/06/01
* S 25.19. Posting of price lists; information to purchaser. In every
principal office or branch office, bureau, agency or sub-agency of any
licensee under this article, there shall be conspicuously posted and at
all times displayed a price list showing the price charged by the
person, firm or corporation owning, operating or controlling the thea-
tre, place of amusement or entertainment, or the place where the public
exhibition, game, contest or performance for which a ticket is being
sold by such licensee, together with the price being charged by such
licensee for the resale of such ticket, so that all persons visiting
such place may readily see the same. The licensee shall also on request
furnish each purchaser of a ticket with a receipt showing the same
information.
* NB Effective 99/06/01
* S 25.21. Removal of office. If the holder of an unexpired license or
certificate issued pursuant to this article shall remove the office,
branch office, bureau, agency or sub-agency to a place other than that
described in the license or certificate, he or she shall within the
twenty-four hours immediately following such removal, give written
notice of such removal to such commissioner, which notice shall describe
the premises to which such removal is made and the date on which it was
made, and send such license or certificate to such commissioner, at his
or her office in the political subdivision, and such commissioner shall
cause to be written or stamped across the face of such license or
certificate a statement to the effect that the holder of such license
has removed on the date stated in such written notice such principal
office, branch office, bureau, agency or sub-agency from the place
originally described in such license or certificate to the place
described in such written notice, and such license or certificate with
the endorsement thereon shall be returned to the licensee named therein.
No tickets shall be sold at any place other than places for which a
license or certificate provided for by this article has been issued and
posted.
* NB Effective until 99/06/01
* S 25.21. Records of purchases and sales. Every licensee shall at all
times keep full and accurate sets of records showing the prices at which
all tickets have been bought and sold by such licensee and the names and
addresses of the person, firm or corporation from whom they were bought.
* NB Effective 99/06/01
* S 25.23. Posting of price lists; information to purchaser. In every
principal office or branch office, bureau, agency or sub-agency of any
licensee under this article, there shall be conspicuously posted and at
all times displayed a price list showing the established price charged
by the operator of the place of entertainment for which a ticket is
being sold by such licensee, together with the price being charged by
such licensee for the resale of such ticket, so that all persons visit-
ing such place may readily see the same. The licensee shall also on
request furnish each purchaser of a ticket with a receipt showing the
same information.
* NB Effective until 99/06/01
* S 25.23. Commissions to employees of theatres. No licensee shall
pay to any officer or employee of any theatre or place of amusement or
entertainment or other place where public exhibitions, games, contests
or performances are held, or to any producer or manager or employee of
any theatrical or other exhibition or theatrical company, any commis-
sion, gratuity or bonus in connection with the sale, delivery or payment
of tickets or in connection with the business being done by such licen-
see in tickets of admission to such places.
* NB Effective 99/06/01
* S 25.25. Records of purchases and sales. Every licensee shall at all
times keep full and accurate sets of records showing the prices at which
all tickets have been bought and sold by such licensee and the names and
addresses of the person, firm or corporation from whom they were bought.
These records shall be made available upon request to the state attorney
general, commissioner or other governmental body with the express
authority to enforce any section of this article. These records shall be
retained for a period of not less than two years.
* NB Effective until 99/06/01
* S 25.25. Violations; penalties. 1. Every person, firm or corporation
who resells any such ticket or other evidence of right of entry or
engages in the business of reselling any such ticket or other evidence
of the right of entry, without first having procured the license
prescribed and filing of a bond required by this article shall be guilty
of a misdemeanor. Every person, firm or corporation who violates any
provision of this article shall be guilty of a misdemeanor. A conviction
for any violation hereof shall be punishable by a fine not to exceed two
hundred fifty dollars for the first violation, five hundred dollars for
the second violation and one thousand dollars for any subsequent
violation or by imprisonment for a period not to exceed one year, or
both such fine and imprisonment as herein provided.
2. Notwithstanding the provisions of subdivision one of this section,
any person who has not previously been convicted of violating this
section and who sells less than six tickets shall be guilty of a
violation, and upon conviction shall be punishable by a fine not to
exceed one hundred dollars.
* NB Effective 99/06/01
* S 25.27. Commissions to employees of places of entertainment. No
licensee shall pay to any officer or employee of any place of enter-
tainment, any commission, gratuity or bonus in connection with the sale,
delivery or payment of tickets or in connection with the business being
done by such licensee in tickets of admission to such place.
* NB Effective until 99/06/01
* S 25.27. Unlawful charges in connection with theatre tickets. 1. Any
owner, operating lessee, operator, manager, treasurer or assistant trea-
surer of any theatre wherein public performances are held, or of any
stadium, arena, garden or other place of amusement showing sporting
events, or his agent, representative, employee or licensee who, if a
price be charged for admission thereto, exacts, demands, accepts or
receives, directly or indirectly, any premium or price in excess of the
regular or established price or charge, plus lawful taxes, as printed
upon the face of each ticket or other evidence of the right of entry
thereto, whether designated as price, gratuity or otherwise, shall be
guilty of a misdemeanor. A conviction for each violation hereof shall be
punishable by a fine not to exceed five hundred dollars or by imprison-
ment for a period not to exceed one year, or both.
2. The provisions of this section shall also apply to the sale of
theatre tickets and tickets for sporting events to persons licensed to
resell theatre tickets and tickets for sporting events, pursuant to the
provisions of this article.
3. In any prosecution under this section the attorney general shall
have concurrent jurisdiction with any district attorney and in any such
prosecution he or his deputy shall exercise all the powers and perform
all the duties which the district attorney would otherwise be authorized
to exercise or perform therein.
* NB Effective 99/06/01
* S 25.29. Unlawful charges in connection with tickets. 1. No operator
of any place of entertainment, or his or her agent, representative,
employee or licensee shall, if a price be charged for admission thereto,
exact, demand, accept or receive, directly or indirectly, any premium or
price in excess of the established price plus lawful taxes whether
designated as price, gratuity or otherwise. Nothing herein shall be
construed to prohibit a service charge by agents of the operator for
special services, including but not limited to, sales away from the box
office, credit card sales or delivery.
2. In any prosecution under this section the attorney general shall
have concurrent jurisdiction with any district attorney and in any such
prosecution he or she or his or her deputy shall exercise all the powers
and perform all the duties which the district attorney would otherwise
be authorized to exercise or perform therein.
* NB Repealed 99/06/01
* S 25.31. Suspension or revocation of licenses. In the event that any
licensee shall have been convicted of a crime defined in this article or
of a crime involving fraud or misrepresentation in relation to the
resale of tickets to a place of entertainment, or has been convicted of
such offense within the past five years, the commissioner may, following
a hearing on written notice by certified mail to such licensee where the
licensee has an opportunity to be heard and present evidence, revoke or
suspend any license thereto, provided however, where such conviction is
of a crime defined pursuant to the laws of any other state, or of the
United States, the underlying offense shall constitute a crime under the
laws of this state for which suspension or revocation of licenses may be
effectuated under this section. Such hearing shall be conducted in
accordance with the procedures established by the commissioner therefor.
Such procedures shall be consistent with the provisions set forth in
article three of the state administrative procedure act.
* NB Repealed 99/06/01
* S 25.33. Private right of action. Notwithstanding any right of
action granted to any governmental body pursuant to this chapter, any
person who has been injured by reason of a violation of this article may
bring an action in his or her own name to enjoin such unlawful act, an
action to recover his or her actual damages or fifty dollars, whichever
is greater, or both such actions. The court may award reasonable attor-
ney`s fees to a prevailing plaintiff.
* NB Repealed 99/06/01
* S 25.35. Criminal penalties. 1. Any person, firm or corporation
which is convicted of violating section 25.29 of this article shall be
guilty of a misdemeanor punishable by a fine not to exceed five hundred
dollars, or by a term of imprisonment not to exceed one year, or by both
such fine and imprisonment.
2. Any person, firm or corporation which is convicted of violating
subdivision two of section 25.09 of this article shall be guilty of a
misdemeanor punishable by a term of imprisonment not to exceed one year
or by a fine not to exceed three hundred fifty dollars on the first
conviction; six hundred dollars on the second conviction; and one thou-
sand one hundred dollars, on each subsequent conviction or by both such
fine and imprisonment.
3. Any person, firm or corporation which is convicted of knowingly
violating subdivision one of section 25.07 or section 25.13 or section
25.15 of this article shall be guilty of a misdemeanor punishable by a
term of imprisonment not to exceed one hundred eighty days or by a fine
not to exceed two hundred fifty dollars on the first conviction; five
hundred dollars on the second conviction; and one thousand dollars on
each subsequent conviction or by both such fine and imprisonment.
4. Notwithstanding any other penalty which may be imposed for any
other violation of this article, any person, firm or corporation which
is convicted of violating section 25.11 of this article shall be guilty
of a violation punishable by a fine not to exceed one hundred dollars on
the first conviction; two hundred fifty dollars on the second
conviction; and five hundred dollars on each subsequent conviction.
5. Any person, firm or corporation which is convicted of violating
subdivision one of section 25.09 of this article shall be guilty of a
violation punishable by a fine not to exceed two hundred dollars.
6. Any person, firm or corporation which is convicted of violating any
other section of this article shall be guilty of a violation punishable
by a fine not to exceed one hundred dollars.
* NB Repealed 99/06/01
-----------------------------------------------------------------------
New York State Consolidated Laws
Arts and Cultural Affairs
TITLE J
OFFENSES RELATING TO UNAUTHORIZED PHOTOGRAPHS
AND CERTAIN COPYRIGHTED MATERIALS
-----------------------------------------------------------------------
New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 31
OFFENSES RELATING TO UNAUTHORIZED PHOTOGRAPHS
AND CERTAIN COPYRIGHTED MATERIALS
Section 31.01. Unauthorized photographs and sound recordings of
performances.
31.03. Producing unpublished, undedicated or copyrighted opera
or dramatic composition, without consent of owner.
31.04. Copyrights.
31.05. Printing, publishing or selling copyrighted musical
composition without consent of owner.
S 31.01. Unauthorized photographs and sound recordings of
performances. 1. Definitions. The following words as used in this
section shall have the following meanings:
(a) "Performance" shall mean any presentation consisting in whole or
in part of a musical, dramatic, dance or other stage rendition by living
persons who appear in the immediate presence of their audience.
(b) "Theatre" shall mean a concert hall, recital hall, theatre or
other auditorium in which a performance is rendered and admission to
which is limited by its management to persons holding admission tickets
or other written evidence of permission to enter.
(c) "Management" shall mean: (i) the operator of a theatre; and (ii)
with respect to a particular performance, the person hiring the theatre
to present such performance unless such person shall have agreed in
writing with such operator not to photograph or make sound recordings of
such performance.
2. No person shall take any photograph or make any sound recording of
any performance presented in a theatre without having first obtained the
written consent of the management to do so. The management of any
theatre may maintain an action for an injunction, an accounting, or for
damages resulting from or in respect of any photographs or sound
recordings of any performance made without the consent required by this
section having been obtained, or resulting from or in respect of any
distribution or attempted distribution of any such photographs or sound
recordings or reproductions thereof.
3. If any person admitted or seeking admission to a theatre in which a
performance is to be or is being presented, attempts to bring into, or
brings into such theatre any photographic or sound recording device
without having first obtained the written consent of the management to
do so, such management shall have the right to request and obtain
possession of such photographic or sound recording device until the
conclusion of such performance. The management shall give a receipt for
such device, and shall be liable for any damage to such device or loss
or theft of such device while in their care.
4. If any person admitted or seeking admission to a theatre in which a
performance is to be or is being presented, refuses or fails to give or
surrender possession of any photographic or sound recording device which
such person has brought into or attempts to bring into such theatre
without having first obtained the written consent of the management to
do so, then the management shall have the right to remove such person
therefrom or refuse admission thereto to such person, and shall
there-upon offer to refund and, unless such offer is refused, refund to
such person the price paid by such person for admission to such theatre.
If such person refuses to leave such theatre after having been informed
by the management thereof that possession of any photographic or sound
recording device in such theatre without the written consent of the
management is prohibited, then such person shall be deemed to be
remaining in the theatre unlawfully within the meaning of subdivision
five of section 140.00 and section 140.05 of the penal law, and in
addition, the management shall have the right to maintain an action in
trespass and for punitive damages against such person.
5. The criminal penalties and civil remedies provided by this section
shall be without force or effect unless the management of the theatre
shall have posted signs at the box office and at or near the audience
entrance to the portion of the theatre wherein the performance is to be
presented and printed in any program which may be furnished to the
audience for such performance, stating in substance as follows:
WARNING
The photographing or sound recording of any performance or the
possession of any device for such photographing or sound recording
inside this theatre, without the written permission of the management is
prohibited by law. Offenders may be ejected and liable for damages and
other lawful remedies.
S 31.03. Producing unpublished, undedicated or copyrighted opera or
dramatic composition, without consent of owner. Any person who causes to
be publicly performed or represented for profit any unpublished,
undedicated or copyrighted dramatic composition, or musical composition
known as an opera, without the consent of its owner or proprietor, or
who, knowing that such dramatic or musical composition is unpublished,
undedicated or copyrighted and without the consent of its owner or
proprietor, permits, aids or takes part in such a performance or
representation, shall be guilty of a misdemeanor.
S 31.04. Copyrights. 1. As used in this section:
(a) "Copyright owner" means the owner of a copyright of a nondramatic
musical work recognized and enforceable under the copyright laws of the
United States pursuant to Title 17 of the United States Code, Pub. L.
94-553 (17 U.S.C. S 101 et seq.). "Copyright owner" shall not include
the owner of a copyright in a motion picture or audiovisual work, or in
part of a motion picture or audiovisual work.
(b) "Performing rights society" means an association or corporation
that licenses the public performance of nondramatic musical works on
behalf of copyright owners, such as the American Society of Composers,
Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC,
Inc.
(c) "Proprietor" means the owner of a retail establishment,
restaurant, inn, bar, tavern, or any other similar place of business or
professional office located in this state in which the public may
assemble and in which nondramatic musical works may be performed,
broadcast, or otherwise transmitted.
(d) "Royalty" or "royalties" means the fees payable to a performing
rights society for public performance rights.
2. No performing rights society shall enter into, or offer to enter
into, a contract for the payment of royalties by a proprietor unless at
the time of the offer, or any time thereafter, but no later than
seventy-two hours prior to the execution of that contract, it provides
to the proprietor in writing, the following:
(a) a schedule of the rates and terms of royalties under the contract;
(b) upon the request of the proprietor, the opportunity to review the
most current available list of the members or affiliates represented by
the society;
(c) notice that it will make available, upon written request of any
proprietor or bona fide trade associations representing groups of
proprietors, at the sole expense of the proprietor or bona fide trade
associations representing groups of proprietors by electronic means or
otherwise, the most current available listing of the copyrighted musical
works in such performing rights society`s repertory, provided that such
notice shall specify the mean by which such information can be secured;
(d) notice that the performing rights society has a toll free
telephone number which can be used to answer inquiries of a proprietor
regarding specific musical works and the copyright owners represented by
that performing rights society; and
(e) notice that it complies with federal law and orders of courts
having appropriate jurisdiction regarding the rates and terms of
royalties and the circumstances under which licenses for rights for
public performances are offered to any proprietor.
3. Every contract between a performing rights society and proprietor
for the payment of the royalties executed issued or renewed in this
state on or after the effective date of this section shall:
(a) be in writing;
(b) be signed by the parties; and
(c) include at least the following information:
(1) the proprietor`s name and business address and the name and
location of each place of business to which the contract applies;
(2) the name and address of the performing rights society;
(3) the duration of the contract; and
(4) the schedule of rates and terms of the royalties to be collected
under the contract, including any sliding scale or schedule for any
increase or decrease of those rates for the duration of that contract.
4. No performing rights society, or any agent or employee thereof
shall:
(a) with respect to contracts executed, issued or renewed on or after
the effective date of this section, collect or attempt to collect from a
proprietor licensed by that performing rights society a royalty payment
except as provided in a contract executed pursuant to the provisions of
this section;
(b) enter onto the premises of a proprietor`s business for the purpose
of discussing a contract for payment of royalties for the use of
copyrighted works by that proprietor without first identifying himself
or herself to the proprietor or his or her employees and disclosing that
the agent is acting on behalf of such performing rights society and
disclosing the purpose of the discussion; and
(c) fail to provide written notice to a proprietor or his or her
employees within seventy-two hours after entering the proprietor`s
business for the purpose of investigating the possible performance,
broadcasting or transmission of non-dramatic musical works, and
disclosing that such agent or employee was investigating on behalf of
such performing rights society and disclosing:
(1) the name of the performing rights society;
(2) the date on which such agent or employee conducted the
investigation; and
(3) the copyrighted works in such performing rights society`s
repertory performed at the business during the investigation.
5. Any person who suffers a violation of this section may bring an
action to recover actual damages and reasonable attorney`s fees and seek
an injunction or any other remedy available at law or in equity. This
section shall not apply to contracts between performing rights societies
and broadcasters licensed by the federal communications commission or to
contracts with cable operators, programmers or other transmission
services. This section shall also not apply to investigations conducted
by law enforcement agencies or other persons with respect to a suspected
violation of article two hundred seventy-five of the penal law.
S 31.05. Printing, publishing or selling copyrighted musical
composition without consent of owner. Whoever prints, publishes, sells,
distributes or circulates, or causes to be printed, published, sold,
distributed or circulated for profit any circular, pamphlet, card,
handbill, advertisement, printed paper, book, newspaper or other
document containing the words or musical score of any musical
composition which or any part of which is copyrighted under the laws of
the United States, without first having obtained the consent of the
owner or proprietor of such copyrighted musical composition, is guilty
of a misdemeanor.
-----------------------------------------------------------------------
New York State Consolidated Laws
Arts and Cultural Affairs
TITLE K
TRADE-MARKS
-----------------------------------------------------------------------
New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 33
OFFENSES AGAINST TRADE-MARKS
Section 33.01. Trade-mark defined.
33.03. Affixing defined.
33.05. Article of merchandise defined.
33.07. Imitation of a trade-mark defined.
33.09. Offenses against trade-marks.
33.11. Refilling or selling trade-mark bottles and vessels.
33.13. Keeping trade-mark bottles and vessels with intent to
refill or sell them.
33.15. Search for trade-mark bottles and vessels kept in
violation of law authorized.
S 33.01. Trade-mark defined. A "trade-mark" is a mark used to
indicate the maker, owner or seller of an article of merchandise, and
includes, among other things, any name of a person, or corporation, or
any letter, word, device, emblem, figure, seal, stamp, diagram, brand,
wrapper, ticket, stopper, label, or other mark, lawfully adopted by him,
and usually affixed to an article of merchandise to denote that the same
was imported, manufactured, produced, sold, compounded, bottled, packed
or otherwise prepared by him; and also a signature or mark, used or
commonly placed by a painter, sculptor or other artist, upon a painting,
drawing, engraving, statue or other work of art, to indicate that the
same was designed or executed by him.
S 33.03. Affixing defined. A trade-mark is deemed to be affixed to
an article of merchandise, when it is placed in any manner in or upon:
1. The article itself; or
2. A box, bale, barrel, bottle, case, cask, platter, or other vessel
or package, or a cover, wrapper, stopper, brand, label, or other thing
in, by or with which the goods are packed, inclosed or otherwise
prepared for sale or disposition.
S 33.05. Article of merchandise defined. The expression "article of
merchandise, " as used in the preceding two sections, signifies any
goods, wares, work of art, commodity, compound, mixture or other
preparation or thing, which may be lawfully kept or offered for sale.
S 33.07. Imitation of a trade-mark defined. An "imitation of a
trade-mark" is that which so far resembles a genuine trade-mark as to be
likely to induce the belief that it is genuine, whether by the use of
words or letters, similar in appearance or in sound, or by any sign,
device or other means whatsoever.
S 33.09. Offenses against trade-marks. A person who:
1. Falsely makes or counterfeits a trade-mark; or
2. Affixes to any article of merchandise, a false or counterfeit
trade-mark, knowing the same to be false or counterfeit, or the genuine
trade-mark, or an imitation of the trade-mark of another, without the
latter`s consent; or
3. Knowingly sells, or keeps or offers for sale, an article of
merchandise to which is affixed a false or counterfeit trade-mark, or
the genuine trade-mark, or an imitation of the trade-mark of another,
without the latter`s consent; or
4. Has in his possession a counterfeit trade-mark, knowing it to be
counterfeit, or a die, plate, brand or other thing for the purpose of
falsely making or counterfeiting a trade-mark; or
5. Makes or sells, or offers to sell or dispose of, or has in his
possession with intent to sell or dispose of, an article of merchandise
with such a trade-mark or label as to appear to indicate the quantity,
quality, character, place of manufacture or production, or persons
manufacturing, packing, bottling, boxing or producing the article, but
not indicating it truly; or
6. Knowingly sells, offers or exposes for sale, any goods which are
represented in any manner, by word or deed, to be the manufacture,
packing, bottling, boxing or product of any person, firm or corporation,
other than himself, unless such goods are contained in the original
package, box or bottle and under the labels, marks or names placed
thereon by the manufacturer who is entitled to use such marks, names,
brands or trade-marks; or
7. Shall sell or shall expose for sale any goods in bulk, to which no
label or trade-mark shall be attached, and shall by representation, name
or mark written or printed thereon, represent that such goods are the
production or manufacture of a person who is not the manufacturer; or
8. Shall knowingly sell, offer or expose for sale any article of
merchandise, and shall orally or by representation, name or mark written
or printed thereon or attached thereto used in connection therewith, or
by advertisement, or otherwise, in any manner whatsoever make any false
representation as to the person by whom such article of merchandise or
the material thereof was made, or was in whole or in part produced,
manufactured, finished, processed, treated, marketed, packed, bottled or
boxed, or falsely represent that such article of merchandise or the
material or any part thereof has or may properly have any trade-mark
attached to it or used in connection with it, or is or may properly be
indicated or identified by any trade-mark, is guilty of a misdemeanor.
S 33.11. Refilling or selling trade-mark bottles and vessels. Any
person engaged in making, bottling, packing, selling or disposing of
milk, ale, beer, cider, mineral water or other beverage, or in making,
selling or disposing of articles of pastry, may register his title as
owner of a trade-mark by filing with the secretary of state and the
clerk of the county where the principal place of business of such person
is situated, a description of the marks and devices used by him in his
business, and in case the same has not been heretofore published
according to the laws existing at the time of publication, causing the
same to be published in a newspaper of the county, three weeks daily, if
in the city of New York or Brooklyn, and weekly if in any other part of
the state; but no trade-mark shall be filed which is not and can not
become a lawful trade-mark, or which is merely the name of a person,
firm or corporation unaccompanied by a mark sufficient to distinguish it
from the same name when used by another person. After such registration,
the use without the consent of the owner of the trade-mark so described,
or the filling of any bottle, siphon, barrel, platter, vessel, or thing
for the purpose of sale, or for the sale, therein, of any article of the
same general nature and quality which said bottle, siphon, barrel,
platter, vessel or other thing before contained, without the
obliteration or defacement of the trade-mark upon it, when such
trade-mark can be obliterated or defaced without substantial injury to
the bottle, siphon, barrel, platter, vessel or other thing so as to
prevent its wrongful use, shall be deemed a misdemeanor.
S 33.13. Keeping trade-mark bottles and vessels with intent to refill
or sell them. Any person engaged in the business of buying and selling
bottles, siphons, barrels, platters, or other vessels or things, who
shall with intent to defraud the registered owner of the trade-mark,
knowingly sell or offer for sale any bottle, siphon, barrel, platter,
vessel, or other things, to any person, who he has reason to believe
wrongfully intends to use the trade-mark upon it, or to fill such
bottle, siphon, barrel, platter, vessel or other thing in violation of
the preceding section, shall be deemed guilty of a misdemeanor.
S 33.15. Search for trade-mark bottles and vessels kept in violation
of law authorized. Whenever a registered owner of a trade-mark, or his
agent, makes oath before a magistrate that he has a reason to believe
and does believe, stating the grounds of his belief, that a bottle,
siphon, barrel, platter, vessel or other thing to which is affixed a
trade-mark belonging to him is being used or filled, or has been sold or
offered for sale, by any person whomsoever in violation of the preceding
section, then the magistrate may issue a search warrant to discover the
thing and cause the person having it in possession to be brought before
him and may thereupon inquire into the circumstances, and if on
examination, he finds that such person has been guilty of the offense
charged, he may hold the offender to bail to await the action of the
grand jury, and the offender shall also be liable to an action on the
case for damages, for such wrongful use of such trade-mark at the suit
of the owner thereof, and the party aggrieved, shall also have his
remedy according to the course of equity to enjoin the wrongful use of
his trade-mark, and to recover compensation therefor in any court having
jurisdiction over the person guilty of such wrongful use.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
TITLE L
PROTECTION OF CHILD PERFORMERS AND MODELS
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 35
CHILD PERFORMERS AND MODELS
Section 35.01. Child performers.
35.03. Judicial approval of certain contracts for services of
infants; effect of approval; guardianship of
savings.
35.05. Employment of children as models.
35.07. Unlawful exhibitions.
S 35.01. Child performers. 1. It shall be unlawful, except as
otherwise provided in this section, to employ, or to exhibit or cause to
be exhibited, or to use, or have custody of, for the purpose of
exhibition, use or employment, any child under the age of sixteen years,
or for one who has the care, custody or control of such child as a
parent, relative, guardian, employer or otherwise, to exhibit, use or to
procure or consent to the use or exhibition of such child, or to neglect
or to refuse to restrain such child from engaging or acting in a public
or private place, except as hereinafter provided, whether or not an
admission fee is charged and whether or not such child or any other
person is to be compensated for the use of such child therein, in the
following activities:
(a) In singing; or dancing; or playing upon a musical instrument; or
acting, or in rehearsing for, or performing in a theatrical performance
or appearing in a pageant; or as a subject for use, in or for, or in
connection with the making of a motion picture film; or
(b) In rehearsing for or performing in a radio or television broadcast
or program.
2. The provisions of subdivision one of this section shall not apply
to the participation or employment, use or exhibition of any child in a
church, academy or school, including a dancing or dramatic school, as
part of the regular services or activities thereof respectively; or in
the annual graduation exercises of any such academy or school; or in a
private home; or in any place where such performance is under the
direction, control or supervision of a department of education; or in
the performance of radio or television programs in cases where the child
or children broadcasting do so from a school, church, academy, museum,
library or other religious, civic or educational institution, or for not
more than two hours a week from the studios of a regularly licensed
broadcasting company, where the performance of the child or children is
of a nonprofessional character and occurs during hours when attendance
for instruction is not required in accordance with the education law.
3. Notwithstanding the foregoing provisions of subdivision one of this
section, such a child may be employed, used or exhibited in any of the
exhibitions, rehearsals or performances set forth in subdivision one of
this section if a child performer permit has been issued as hereinafter
provided.
4. A child performer permit shall be issued by the mayor or other
chief executive officer of the city, town or village where the
exhibition, rehearsal or performance will take place.
5. An application for a child performer permit shall be made on a form
prescribed by the issuing authority and shall contain such matters as
the issuing authority may deem to be necessary, including the following:
(a) The true and stage name and the age of the child, and the name and
address of his parent or guardian;
(b) The written consent of the parent or guardian;
(c) The nature, time, duration and number of performances, together
with the place and nature of the exhibition;
(d) A detailed description of the entire part to be taken and each and
every act and thing to be done and performed, except that if the
performance is in connection with a radio or television program, the
application shall contain a general statement describing the part or
parts to be taken by the child and the nature of the radio or television
program.
6. The mayor or other chief executive officer of the city, town or
village where the exhibition, rehearsal or performance will take place
may solicit the assistance of the Society for the Prevention of Cruelty
to Children in New York city, and outside New York city, with the
Society for the Prevention of Cruelty to Children or other child
protective organization, if there be one and such other state and local
agencies as he may determine.
7. No child shall perform except as provided in the permit. No permit
shall be issued for the exhibition, rehearsal or performance of a child
which is harmful to the welfare, development or proper education of such
child. A permit may be revoked by the issuing authority for good cause.
8. Violation of this section shall be a misdemeanor.
S 35.03. Judicial approval of certain contracts for services of
infants; effect of approval; guardianship of savings. 1. A contract
made by an infant or made by a parent or guardian of an infant, or a
contract proposed to be so made, under which (a) the infant is to
perform or render services as an actor, actress, dancer, musician,
vocalist or other performing artist, or as a participant or player in
professional sports, or (b) a person is employed to render services to
the infant in connection with such services of the infant or in
connection with contracts therefor, may be approved by the supreme court
or the surrogate`s court as provided in this section where the infant is
a resident of this state or the services of the infant are to be
performed or rendered in this state. If the contract is so approved the
infant may not, either during his minority or upon reaching his majori-
ty, disaffirm the contract on the ground of infancy or assert that the
parent or guardian lacked authority to make the contract. A contract
modified, amended or assigned after its approval under this section
shall be deemed a new contract.
2. (a) Approval of the contract pursuant to this section shall not
exempt any person from any other law with respect to licenses, consents
or authorizations required for any conduct, employment, use or exhibi-
tion of the infant in this state, nor limit in any manner the discretion
of the licensing authority or other persons charged with the adminis-
tration of such requirements, nor dispense with any other requirement of
law relating to the infant.
(b) No contract shall be approved which provides for an employment,
use or exhibition of the infant, within or without the state, which is
prohibited by law and could not be licensed to take place in this state.
(c) No contract shall be approved unless (i) the written acquiescence
to such contract of the parent or parents having custody, or other
person having custody of the infant, is filed in the proceeding or (ii)
the court shall find that the infant is emancipated.
(d) No contract shall be approved if the term during which the infant
is to perform or render services or during which a person is employed to
render services to the infant, including any extensions thereof by
option or otherwise, extends for a period of more than three years from
the date of approval of the contract, provided, however that if the
court finds that such infant is represented by qualified counsel experi-
enced with entertainment industry law and practices such contract may be
for a period of not more than seven years. If the contract contains any
covenant or condition which extends beyond such three years or, where
the court finds that the infant is represented by qualified counsel as
provided in this paragraph, seven years, the same may be approved if
found to be reasonable and for such period as the court may determine.
(e) If the court which has approved a contract pursuant to this
section shall find that the well-being of the infant is being impaired
by the performance thereof, it may, at any time during the term of the
contract during which services are to be performed by the infant or
rendered by or to the infant or during the term of any other covenant or
condition of the contract, either revoke its approval of the contract,
or declare such approval revoked unless a modification of the contract
which the court finds to be appropriate in the circumstances is agreed
upon by the parties and the contract as modified is approved by order of
the court. Application for an order pursuant to this paragraph may be
made by the infant, or his parent or parents, or guardian, or his limit-
ed guardian appointed pursuant to this section, or by the person having
the care and custody of the infant, or by a special guardian appointed
for the purpose by the court on its own motion. The order granting or
denying the application shall be made after hearing, upon notice to the
parties to the proceeding in which the contract was approved, given in
such manner as the court shall direct. Revocation of the approval of the
contract shall not affect any right of action existing at the date of
the revocation, except that the court may determine that a refusal to
perform on the ground of impairment of the well-being of the infant was
justified.
3. (a) The court may withhold its approval of the contract until the
filing of consent by the parent or parents entitled to the earnings of
the infant, or of the infant if he is entitled to his own earnings, that
a part of the infant`s net earnings for services performed or rendered
during the term of the contract be set aside and saved for the infant
pursuant to the order of the court and under guardianship as provided in
this section, until he attains his majority or until further order of
the court. Such consent shall not be deemed to constitute an emancipa-
tion of the infant.
(b) The court shall fix the amount or proportion of net earnings to be
set aside as it deems for the best interests of the infant, and the
amount or proportion so fixed may, upon subsequent application, be modi-
fied in the discretion of the court, within the limits of the consent
given at the time the contract was approved. In fixing such amount or
proportion, consideration shall be given to the financial circumstances
of the parent or parents entitled to the earnings of the infant and to
the needs of their other children, or if the infant is entitled to his
own earnings and is married, to the needs of his family. Unless the
infant is at the time thereof entitled to his own earnings and has no
dependents, the court shall not condition its approval of the contract
upon consent to the setting aside of an amount or proportion in excess
of one-half of the net earnings.
(c) For the purposes of this subdivision, net earnings shall mean the
gross earnings received for services performed or rendered by the infant
during the term of the contract, less (i) all sums required by law to be
paid as taxes to any government or subdivision thereof with respect to
or by reason of such earnings; (ii) reasonable sums to be expended for
the support, care, education, training and professional management of
the infant; and (iii) reasonable fees and expenses paid or to be paid in
connection with the proceeding, the contract and its performance.
4. (a) A proceeding for the approval of a contract shall be commenced
by verified petition of the guardian of the infant`s person or property,
or of the infant, or of a parent, or of any interested person, or of any
relative of the infant on his behalf. If a guardian of the infant`s
person or property has been appointed or qualified in this state, the
petition shall be made to the court by which he was appointed or in
which he qualified. If there is no such guardian, the petition shall be
made to the supreme court or the surrogate`s court in the county in
which the infant resides, or if he is not a resident of the state, in
any county in which the infant is to be employed under the contract.
(b) The following persons, other than one who is the petitioner or
joins in the petition, shall be served with an order or citation to show
cause why the petition should not be granted: (i) the infant, if over
the age of fourteen years, (ii) his guardian or guardians, if any,
whether or not appointed or qualified in this state; (iii) each party to
the contract; (iv) the parent or parents of the infant; (v) any person
having the care and custody of the infant; (vi) the person with whom the
infant resides; and (vii) if it appears that the infant is married, his
spouse. Service shall be made in such manner as the court shall direct,
at least eight days before the time at which the petition is noticed to
be heard, unless the court shall fix a shorter time.
5. The petition shall have annexed a complete copy of the contract or
proposed contract and shall set forth:
(a) The full name, residence and date of birth of the infant;
(b) The name and residence of any living parent of the infant, the
name and residence of the person who has care and custody of the infant,
and the name and residence of the person with whom the infant resides;
(c) Whether the infant has had at any time a guardian appointed by
will or deed or by a court of any jurisdiction;
(d) Whether the infant is a resident of the state, or if he is not a
resident, that the petition is for approval of a contract for perform-
ance or rendering of services by the infant and the place in the state
where the services are to be performed or rendered;
(e) A brief statement as to the infant`s employment and compensation
under the contract or proposed contract;
(f) (i) A statement that the term of the contract during which the
infant is to perform or render services or during which a person is
employed to render services to the infant can in no event extend for a
period of more than three years from the date of approval of the
contract, and (ii) an enumeration of any other covenants or conditions
contained in the contract which extend beyond such three years or a
statement that the contract contains no such other covenants or condi-
tions;
(g) A statement as to who is entitled to the infant`s earnings and, if
the infant is not so entitled, facts regarding the property and finan-
cial circumstances of the parent or parents who are so entitled;
(h) The facts with respect to any previous application for the relief
sought in the petition or similar relief with respect to the infant;
(i) A schedule showing the infant`s gross earnings, estimated outlays
and estimated net earnings as defined in subdivision three of this
section;
(j) The interest of the petitioner in the contract or proposed
contract or in the infant`s performance under it;
(k) Such other facts regarding the infant, his family and property, as
show that the contract is reasonable and provident and for the best
interests of the infant.
If no guardian of the property of the infant has been appointed or
qualified in this state, the petition shall also pray for the appoint-
ment of a limited guardian as provided in subdivision seven of this
section. The petition may nominate a person to be appointed as such
limited guardian, setting forth reasons why the person nominated would
be a proper and suitable person to be appointed as limited guardian and
setting forth the interest of the person so nominated in the contract or
proposed contract or in the infant`s performance under it.
6. At any time after the filing of the petition the court, if it deems
it advisable, may appoint a special guardian to represent the interests
of the infant.
7. If a guardian of the property of the infant has been appointed or
qualified in this state, he shall receive and hold any net earnings
directed by the court to be set aside for the infant as provided in
subdivision three. In any other case a limited guardian shall be
appointed for such purpose. A parent, guardian or other petitioner is
not ineligible to be appointed as limited guardian by reason of his
interest in any part of the infant`s earnings under the contract or
proposed contract or by reason of the fact that he is a party to or
otherwise interested in the contract or in the infant`s performance
under the contract, provided such interest is disclosed.
If the contract is approved and if the court shall direct that a
portion of the net earnings be set aside as provided in subdivision
three of this section, the limited guardian shall qualify in the manner
provided with respect to a general guardian of the property of the
infant appointed by the court in which the proceeding is had, and with
respect to net earnings ordered to be set aside shall be subject to all
provisions applicable to a general guardian so appointed.
If a guardian of the property of the infant is appointed or qualifies
after the appointment of a limited guardian, the limited guardian may
continue to act with respect to earnings under the contract approved by
the court until the termination of the contract; upon such termination
he shall transfer to the guardian of the infant`s property the funds of
the infant in his hands.
8. (a) The infant shall attend personally before the court upon the
hearing of the petition. Upon such hearing, and upon such proof as it
deems necessary and advisable, the court shall make such order as
justice and the best interests of the infant require.
(b) The court at such hearing or on an adjournment thereof may, by
order:
(i) determine any issue arising from the pleadings or proof and
required to be determined for final disposition of the matter, including
issues with respect to the age or emancipation of the infant or with
respect to entitlement of any person to his earnings;
(ii) disapprove the contract or proposed contract or approve it, or
approve it upon such conditions, with respect to modification of the
terms thereof or otherwise, as it shall determine;
(iii) appoint a limited guardian as provided in subdivision seven of
this section.
(c) If the contract is approved upon condition of consent that a
portion of the net earnings of the infant under the contract be set
aside, the court shall fix the amount or proportion of net earnings to
be set aside and if the court shall find that consent or consents there-
to have been filed as provided in subdivision three of this section,
shall give directions with respect to computation of and payment of sums
to be set aside.
S 35.05. Employment of children as models. 1. It shall be unlawful
to employ, use, exhibit or cause to be exhibited a minor as a model
unless:
(a) A child model work permit has been issued as hereinafter
provided; and
(b) Such employment, use or exhibition is in accordance with the
rules and regulations promulgated by the commissioner of education as
hereinafter provided.
2. It shall be unlawful for any parent or guardian of a minor to
obtain or consent to the employment or exhibition of such minor as a
model unless a permit has been issued in accordance with this section.
3. An application for a permit for the employment or exhibition of a
minor as a model shall be made by such minor or by his parent or
guardian on a form prescribed by the commissioner of education and shall
contain such matters as the commissioner may determine to be necessary,
including the following:
(a) The minor`s name, address, date of birth, and if the minor is of
school age, the name and address of the school the minor attends and, if
the application is made by his parent or guardian of a minor over twelve
years of age the consent of such minor;
(b) The name and address of the parent or guardian, and the consent
of the parent or guardian to the issuance of the permit;
(c) A certificate from a physician showing that the minor is
physically fit to be employed or exhibited as a model. In a city of over
one million population such certificate shall be issued by a physician
designated by the department of health if the minor is of school age.
4. A child model work permit shall be issued upon application to the
superintendent of schools in cities and school districts employing a
superintendent of schools and elsewhere upon application to the district
superintendent of schools. A superintendent of schools or district
superintendent of schools may, in accordance with regulations of the
commissioner of education, designate in writing one or more public
school officials to act as certificating officer in his stead.
5. A child model work permit may be issued by the certificating
officer if he finds that the employment or exhibition of the minor as a
model will not be harmful to his health and welfare, and that, in the
case of a minor of school age, the minor`s education will not be
neglected.
6. A child model work permit:
(a) Shall be signed by each person employing, using, or exhibiting
the minor prior to the commencement of the minor`s employment or
exhibition and shall permit the employment, use or exhibition of such
minor only when signed by such person;
(b) Shall not be valid when attendance for instruction is required
in accordance with the education law;
(c) Shall terminate one year after the date of issuance;
(d) May be revoked by the certificating officer at any time for good
cause.
7. The commissioner of education may promulgate rules and
regulations to carry out the provisions of this section. Such rules and
regulations shall be designed to protect the health and welfare of child
models and to insure that the conditions under which such child models
are employed, used or exhibited will not impair their health or welfare.
8. This section shall not apply to the employment, use, or
exhibition of a minor as a model:
(a) In a television broadcast or program for whom a permit has been
issued pursuant to section 35.01 of this article;
(b) By a federal, state or municipal government or political
subdivision or agency thereof, or by any corporation, unincorporated
association, community chest, fund or foundation organized and operated
exclusively for religious, charitable or educational purposes, no part
of the net earnings of which inures to the benefit of any private
shareholder or individual.
9. Violation of this section shall be a misdemeanor.
S 35.07. Unlawful exhibitions. 1. It shall be unlawful for any
person to employ, use, or exhibit any child under sixteen years of age,
or for a parent, guardian or employer to consent to or to refuse to
restrain such child in engaging or acting:
a. As a rope or wire walker, gymnast (except in a non-professional
capacity or activity), rider upon a horse or other animal (except in a
non-professional horse show), or as an acrobat, or upon any bicycle or
other mechanical vehicle or contrivance unless a child performer permit
is issued pursuant to the provisions of section 35.01 of this article,
and the child is protected by the use of safety devices or protective
equipment which comply with the provisions of the Federal Occupational
Safety and Health Act provided, however, that where an activity is
exempt from the permit requirement of this paragraph because the
activity is non-professional, the activity shall still be required to
comply with the requirement of this paragraph relating to safety devices
and protective equipment; or
(b) As a wrestler, boxer, or contortionist; or
(c) In begging or receiving or soliciting alms in any manner or
under any pretense, or in any mendicant occupation; or in gathering or
picking rags, or collecting cigar stumps; or collecting bones or refuse
from markets or streets; or in peddling; or
(d) In any illegal, indecent, or immoral exhibition or practice; or
in the exhibition of any such child when mentally ill, mentally
retarded, or when presenting the appearance of any deformity or
unnatural physical formation or development; or
(e) In any practice or exhibition or place dangerous or injurious to
the life, limb, health or morals of such child provided, however, that
the provisions of this paragraph shall not apply to service as a member
of a certified volunteer ambulance service under the supervision of an
emergency medical technician as provided in article thirty of the public
health law by youthful volunteers at least fifteen years of age who hold
a current American Red Cross advanced first aid and emergency care card.
2. Violation of this section shall be a misdemeanor.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
TITLE M
THEATRICAL EMPLOYMENT CONTRACTS;
SAFETY PRECAUTIONS FOR
CERTAIN PERFORMERS; PERFORMING ARTISTS
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 37
THEATRICAL EMPLOYMENT CONTRACTS;
SAFETY PRECAUTIONS FOR
CERTAIN PERFORMERS
Section 37.01. Definitions.
37.03. Theatrical employment; contracts.
37.05. Theatrical employment; financial investigations and
security.
37.07. Performing artists; ads for availability of employment.
37.09. Protection of aerial performers from accidental falls.
37.11. Prevention of personal injuries at carnivals, fairs and
amusement parks.
S 37.01. Definitions. As used in sections 37.03 and 37.05 of this
article:
1. "Person" means any individual, company, society, association,
corporation, manager, contractor, subcontractor, partnership, bureau,
agency, service, office or the agent or employee of the foregoing.
2. "Fee" means anything of value, including any money or other
valuable consideration charged, collected, received, paid or promised
for any service, or act rendered or to be rendered by an employment
agency, including but not limited to money received by such agency or
its emigrant agent which is more than the amount paid by it for
transportation, transfer of baggage, or board and lodging on behalf of
any applicant for employment.
3. "Theatrical employment agency" means any person (as defined in
subdivision one hereof) who procures or attempts to procure employment
or engagements for circus, vaudeville, the variety field, the legitimate
theater, motion pictures, radio, television, phonograph recordings,
transcriptions, opera, concert, ballet, modeling or other entertainments
or exhibitions or performances, but such term does not include the
business of managing such entertainments, exhibitions or performances,
or the artists or attractions constituting the same, where such business
only incidentally involves the seeking of employment therefor.
4. "Theatrical engagement" means any engagement or employment of a
person as an actor, performer or entertainer in employment described in
subdivision three of this section.
S 37.03. Theatrical employment; contracts. Every licensed person who
shall procure for or offer to an applicant a theatrical engagement shall
have executed in duplicate a contract or deliver to the parties as
herein set forth a statement containing the name and address of the
applicant; the name and address of the employer of the applicant and of
the person acting for such employer in employing such applicant; the
time and duration of such engagement; the amount to be paid to such
applicant; the character of entertainment to be given or services to be
rendered; the number of performances per day or per week that are to be
given by said applicant; if a vaudeville engagement, the name of the
person by whom the transportation is to be paid, and if by the
applicant, either the cost of transportation between the places where
said entertainment or services are to be given or rendered, or the
average cost of transportation between the places where such services
are to be given or rendered; and if a dramatic engagement, the cost of
transportation to the place where the services begin, if paid by the
applicant; and the gross commission or fees to be paid by said applicant
and to whom. Such contracts or statements shall contain no other
conditions and provisions except such as are equitable between the
parties thereto and do not constitute an unreasonable restriction of
business. Forms of such contract and statement in blank shall be first
approved by the commissioner and his determination shall be reviewable
by certiorari. One of such duplicate contracts or of such statements
shall be delivered to the person engaging the applicant and the other
shall be retained by the applicant. The licensed person procuring such
engagement for such applicant shall keep on file or enter in a book
provided for that purpose a copy of such contract or statement.
S 37.05. Theatrical employment; financial investigations and security. A
theatrical employment agent shall investigate whether or not any
employer (person, firm or corporation) who is offering employment to an
applicant for employment, has defaulted in the payment of salaries, fees
or other compensation to any performer or group of performers or has
left stranded any performing companies or individuals or groups, during
the five years preceding the date of the application. An agent shall not
procure or undertake to procure employment or engagements on the part of
any performer or groups of performers for an employer who has failed to
pay salaries, fees or other compensation, or who has left stranded any
performer or groups of performers or any performing companies or
individuals during the five years preceding the date of the application,
unless such employer (person, firm or corporation) shall provide
sufficient security for the direct benefit of the performer or
performers and in an amount ample to pay the performer or performers
their full compensation for the specified employment or engagement
designated in the employment or engagement contract. The provisions of
this section shall not apply to employment or engagements in modeling.
S 37.07. Performing artists; ads for availability of employment. 1. It
shall be unlawful for any person, firm, corporation, association, or
agent or employee thereof, holding itself out to the public by any
designation indicating a connection with show business including, but
not limited to, talent agent, talent scout, personal manager, artist
manager, impresario, casting director, public relations advisor or
consultant, promotion advisor or consultant, to
(a) Make, publish, disseminate, circulate or place before the public
or cause directly or indirectly to be made, published, disseminated,
circulated or placed before the public in this state an advertisement,
solicitation, announcement, notice or statement which represents that
such person, firm, corporation or association has employment available
or is able to secure any employment in the field of show business,
including, but not limited to, theatre, motion pictures, radio,
television, phonograph records, commercials, opera, concerts, dance,
modeling or any other entertainments, exhibitions or performances when
an advance fee of any nature is a condition to such employment; or
(b) Accept from a member of the public any fee, retainer, salary,
advance payment or other compensation of any nature in return for
services or otherwise, other than (i) repayment for advances or expenses
actually incurred for or on behalf of such member of the public, or (ii)
agreed commissions, royalties or similar compensation based upon
payments received by or on behalf of such member of the public as a
result of his employment in the field of show business.
2. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such violations; and if it
shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court may make
allowances to the attorney general as provided in paragraph six of
subdivision (a) of section eighty-three hundred three of the civil
practice law and rules, and direct restitution. In connection with any
such proposed application, the attorney general is authorized to take
proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.
S 37.09. Protection of aerial performers from accidental falls. 1. No
person shall participate in any public performance or exhibition on a
trapeze, tightrope, wire, rings, ropes, poles, or other aerial apparatus
which requires skill, timing or balance and which creates a substantial
risk to himself or others of serious injury from falling, unless there
shall be provided for such performance a safety belt, life-net, or other
safety device of similar purpose suitably constructed and placed to
arrest or cushion his fall and minimize the risk of such injury. No
owner, agent, lessee, manager or other person in charge of a circus,
carnival, fair, theatre, moving-picture house, public hall, or other
public place of assembly, resort or amusement, shall permit any person
to take part in a performance specified herein without providing such
safety device. Any such aerial performance or exhibition without such
safety device in which the height of possible fall is more than twenty
feet, shall be presumed to create a substantial risk of serious injury.
2. The commissioner of labor may make rules supplementary to this
section designating safety devices of an approved type, strength and
location and otherwise effectuating the purposes hereof. The
commissioner may also grant variations pursuant to the provisions of
section thirty of the labor law. Violations of this section shall be
punishable as provided in section two hundred thirteen of the labor law
for violations thereunder.
3. In acting upon an application for a variation, the board may take
into consideration the availability, in whole or part, of practicable
safety devices for a particular type of performance or exhibition and
the history and nature of the accidents incurred in such performance or
exhibition. The provisions of subdivision one of this section and the
rules of the board issued pursuant to this section shall be inapplicable
to any performance or exhibition concerning which a variation has been
issued to the extent specified in such variation.
S 37.11. Prevention of personal injuries at carnivals, fairs and
amusement parks. The commissioner of labor may make rules guarding
against personal injuries in the assembly, disassembly and use of
amusement devices and temporary structures at carnivals, fairs and
amusement parks to persons employed at or to persons attending the
carnivals, fairs and amusement parks where the carnivals, fairs and
amusement parks are located outside the city of New York, and where
the carnivals, fairs and amusement parks are located within the city
of New York, the department of buildings of the city of New York may
make and enforce such rules.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
TITLE S
ARTICLE 54 -- EXECUTIVE MANSION TRUST
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 54 -- EXECUTIVE MANSION TRUST
Section 54.01. Short title.
54.03. Definitions.
54.05. Executive Mansion Trust.
54.07. Purposes and powers of the trust.
54.09. Temporary assignment and transfer of employees.
54.11. Services provided by state officials.
54.13. Moneys of the trust.
54.15. Creation of trust a public purpose.
54.17. Members and employees not to profit.
S 54.01. Short title. This title may be cited as the "Executive
Mansion Trust Act".
S 54.03. Definitions. When used or referred to in this title, unless a
different meaning clearly appears from the context, the terms listed
below shall have the following meanings:
1. "Trust" shall mean the trust created by section 54.05 of this
title.
2. "Executive mansion" shall mean the lands and structures
constituting the executive residence of the governor at 138 Eagle Street
in Albany, New York.
3. "Real property" shall mean lands, structures, franchise and
interest in lands and any and all things usually included within the
said term. The term "real property" as used in this title, shall exclude
the executive mansion.
S 54.05. Executive Mansion Trust. 1. A trust known as the "Executive
Mansion Trust" is hereby created. The trust shall be a body corporate
and politic and its existence shall commence upon the appointment of the
members as herein provided.
2. The trust shall consist of the commissioner of general services,
the commissioner of parks, recreation and historic preservation, the
commissioner of education, the chairman of the board of trustees of the
New-York Historical Society and a private citizen appointed to a
three-year term of membership by the governor; such private citizen
shall be a person known for professional competence and experience in
the field of history, architecture, art, design or museum services. The
director of the budget and a designee of the governor shall serve as
non-voting members of the trust.
3. The powers of the trust shall be vested in and exercised by a
majority of the voting members thereof.
4. The commissioner of general services shall serve as chairperson of
the trust.
5. The members of the trust shall serve without compensation, but
shall be entitled to reimbursement of their actual and necessary
expenses incurred in the performance of their official duties.
6. The trust shall be subject to the provisions of article 15-A of the
executive law.
7. The trust and its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the trust shall have financial obligations outstanding,
unless adequate provision has been made for the payment thereof, and
until arrangements have been made for the adequate care and conservation
of its artifacts and collections. Upon termination of the existence of
the trust, all its rights and properties shall vest in the state.
S 54.07. Purposes and powers of the trust. The purposes of the trust
shall be to preserve, improve and promote the executive mansion as a
historical and cultural resource of the state of New York, including by
operation of an executive mansion museum, and to serve as a focal point
for the receipt and administration of private, gifts, devises, loans,
and bequests made or donated to these ends. To carry out such purposes,
the trust shall have power:
1. To accept unconditional gifts, devises and bequests, and, with the
approval of the director of the budget, conditional gifts, devises,
loans, and bequests, of real or personal property for the purposes of
preserving, improving or promoting the executive mansion as a historical
and cultural resource of the state of New York.
2. To accept, administer and expend funds made available to the trust
by private donation or public grant or appropriation for any of its
purposes.
3. To operate an executive mansion museum within the executive
mansion.
4. To acquire artifacts or furnishings to enhance the historical and
cultural character of the executive mansion, and other real or personal
property by purchase, gift, bequest, loan, or exchange, for use in, on,
or to benefit the executive mansion, its grounds, and any executive
mansion museum operated by the trust. The cost of acquisition of such
property, exclusive of services provided by any state department, board,
commission or agency, shall be paid from funds available to the trust.
5. To retain or, as appropriate, transfer immediate jurisdiction and
control over any property acquired by the trust to the office of general
services or other appropriate public body or agency with its consent and
the prior approval of the director of the budget.
6. To undertake any work, including furnishing of services and
materials, required to preserve, restore, maintain, improve or promote
the historical or cultural significance or character of the executive
mansion and the executive mansion museum, or any property associated
with them related to their historical and cultural character, upon
request or approval of the office of general services, and with the
prior approval of the director of the budget.
7. To undertake or commission research or studies and to make reports
relating to the executive mansion, including development of a master
plan for the preservation and maintenance of the executive mansion and
its grounds as a historic and cultural resource of the state of New
York.
8. To appoint and employ such officers, employees and staff, qualified
by training and experience, who shall be deemed to be state employees,
and to retain such expert legal, financial, architectural, curatorial,
conservation and other consultant services as it deems necessary to
carry out its corporate purposes, including operation of an executive
mansion museum.
9. To sell and convey real or personal property or interest therein,
acquired by and under the jurisdiction of the trust and surplus to its
needs and the needs of the executive mansion, excluding property to
which the state of New York has title, in accordance with generally
accepted museum standards, provided such sale and conveyance receives
the prior approval of the director of the budget and does not contravene
the terms or conditions of any gift, devise, loan, or bequest. The trust
shall retain the proceeds derived therefrom for its corporate purposes
in accordance with generally accepted museum standards.
10. To participate and cooperate with other public and private
agencies having mutual interests and purposes in appropriate programs
and projects intended to preserve, improve and promote the historic and
cultural significance and character of the executive mansion or of the
properties and activities associated with the historic or cultural
significance of such mansion or executive mansion museum.
11. To administer, manage or operate any property acquired by the
trust pending transfer or jurisdiction thereof, and to retain for its
corporate purposes any receipts, revenues or income derived from the
operation or use of such property during the pendency of such transfer.
12. To sue and be sued.
13. To have a seal and alter the same at pleasure.
14. To do all things necessary or convenient to carry out the purposes
of this trust.
S 54.09. Temporary assignment and transfer of employees. Whenever in
the opinion of the trust it would be in the public interest, it may,
after prior approval of the director of the budget, request the
temporary assignment and transfer of certain employees of any board,
commission, agency or department of the state or its political
subdivisions, and said board, commission, agency or department, if in
its opinion such transfer will not interfere with the performance of its
duties and functions, may make such assignment and transfer of said
employees to the trust. Such assignment and transfer or extension
thereof shall not affect the civil service status, continuity of
service, retirement plan status, right to compensation, grade or
compensation or other rights or privileges of any employee so
transferred.
S 54.11. Services provided by state officials. 1. The attorney general
shall furnish any and all necessary legal services and advice, including
examination of title to real property, required to assist the trust in
accomplishing its corporate services.
2. The commissioner of education shall advise the trust with respect
to the custody, use, cataloging, restoration, deaccessioning, and
control of original documents, artifacts and furnishings having unique
historic significance.
S 54.13. Moneys of the trust. 1. The head of the division of the
treasury in the department of taxation and finance shall be the
custodian of the funds of the trust. Disbursements from the funds of the
trust shall be made by the custodian or such person as may be authorized
by him only upon warrants signed by the chairperson of the trust or an
official thereof authorized to do so.
2. The comptroller of the state and his legally authorized
representatives are hereby authorized and empowered from time to time to
examine the accounts and books of the trust including its receipts,
disbursements, contracts, investments and any other matters relating to
its financial standing. The report of any such audit shall be included
in the report required by subdivision three of this section.
3. The trust shall submit to the governor, the chairperson of the
senate finance committee, the chairperson of the assembly ways and means
committee and the state comptroller, within ninety days after the end of
its fiscal year (which shall be the same as the state`s fiscal year), a
complete and detailed report of its operations and accomplishments,
including staffing and temporary transfer and assignment of employees,
its receipts and disbursements, any acquisitions and deaccessions, and
its assets and liabilities.
S 54.15. Creation of trust a public purpose. It is hereby found,
determined and declared that the creation of the trust and the carrying
out of its corporate purposes is in all respects for the benefit of the
people of the state of New York, for the preservation, improvement and
promotion of the executive mansion as a historical and cultural resource
of the state of New York, and is a public purpose, in that the trust
will be performing an essential governmental function in the exercise of
the powers conferred upon it by this title and the trust shall not be
required to pay taxes or assessments upon any of the property acquired
by it or under its jurisdiction and control, or upon its activities in
the operation and maintenance of such properties or use of any moneys,
revenues or other income received by the trusts. All contributions made
to the trust whether by gift, devise or bequest shall qualify as
deductions in computing the net taxable income of the donor for the
purposes of any income tax imposed by the state or any political
subdivision thereof. The trust is authorized to seek exemption for
federal tax purposes.
S 54.17. Members and employees not to profit. No officer, member or
employee of the trust shall receive or may be lawfully entitled to
receive any pecuniary profit from the operation thereof except
reasonable compensation for services in effecting one or more of its
purposes as set forth in this title.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
TITLE T
NATURAL HERITAGE TRUST
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 55
NATURAL HERITAGE TRUST
Section 55.01. Short title.
55.03. Definitions.
55.05. Natural Heritage Trust.
55.07. Purposes and powers of the corporation.
55.09. Temporary assignment and transfer of employees.
55.11. Examination of title.
55.13. Moneys of the corporation.
55.15. Creation of trust a public purpose.
55.17. Payments in lieu of taxes.
55.19. Members and employees not to profit.
55.21. Application of law.
55.23. Actions against the trust.
S 55.01. Short title. This title may be cited as the "Natural Heritage
Trust Act."
S 55.03. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:
1. The term "trust" shall mean the corporation created by section
55.05 of this article.
2. The term "board" shall mean the members of the corporation.
3. The term "real property" shall mean lands, structures, franchises
and interest in lands and any and all things usually included within the
said term, and includes not only fees simple and absolute but also any
and all lesser interests, such as easements, rights of way, uses,
leases, licenses, and all other incorporeal hereditaments and every
estate, interest or right, legal or equitable, including terms of years
and liens thereon by way of judgments, mortgages or otherwise, and also
claims for damage to real property.
S 55.05. Natural Heritage Trust. The board known as the "Natural
Heritage Trust" is hereby continued. Such a board shall be a body
corporate and politic constituting a public benefit corporation and its
existence shall commence upon the appointment of the members as herein
provided. Such board shall consist of the chairperson of the state
council of parks and outdoor recreation, the commissioner of
environmental conservation, and the commissioner of parks, recreation
and historic preservation. The powers of the board shall be vested in
and exercised by the majority of the members thereof. The members of
the board shall serve without compensation, but shall be entitled to
reimbursement of their actual and necessary expenses incurred in the
performance of their official duties. At the first meeting of the board
and the first meeting thereof in each fiscal year thereafter, the
members of the board shall choose from their number, a chairperson and
vice-chairperson.
The trust and its corporate existence shall continue until terminated
by law, provided, however, that no such law shall take effect so long as
the trust shall have bonds, notes and other obligations outstanding,
unless adequate provision has been made for the payment thereof in the
documents securing the same. Upon termination of the existence of the
trust, all its rights and properties shall vest in the state.
S 55.07. Purposes and powers of the corporation. The purpose of the
corporation shall be to serve as a focal point for the receipt and
administration of private gifts, devises and bequests of real and
personal property donated to further conservation, outdoor recreation
and historic preservation purposes. To carry out said purposes, the
corporation shall have power:
1. To accept unconditional gifts, devises and bequests, and, with the
approval of the governor, conditional gifts, devises and bequests, of
real or personal property for conservation, outdoor recreation or
historic preservation purposes and to administer and expend funds made
available to the corporation for any of its purposes.
2. To acquire real property in the name of the people of the state of
New York by purchase, gift, devise or exchange of lands previously
acquired by the trust and under its immediate jurisdiction or by
appropriation through the agency of the commissioner of parks,
recreation and historic preservation or the commissioner of
environmental conservation whenever the attorney general shall determine
such appropriation is necessary to clear any defect or encumbrance on
the title of such real property which would hinder its use for the
intended public purpose. The cost of such land acquisition, exclusive of
services furnished by any state department, board, commission or agency,
shall be paid from funds available to the trust.
3. To acquire personal property in the name of the people of the state
of New York by purchase, gift, bequest or exchange of personalty
previously acquired by the trust and under its immediate jurisdiction.
The cost of acquisition of such personal property shall be paid from
funds available to the trust.
4. To transfer immediate jurisdiction and control over any real or
personal property acquired by the trust to the office of parks,
recreation and historic preservation, the department of environmental
conservation or other appropriate public body or agency with its consent
and the prior approval of the director of the budget.
5. To undertake any work, including furnishing of services and
materials, required to manage, preserve, restore, maintain or improve
any real or personal property under its jurisdiction and, at the request
of the office of parks, recreation and historic preservation or
department of environmental conservation, upon real or personal property
under the jurisdiction of the requesting agency, after prior approval of
the director of the budget.
6. To undertake research, studies and make reports relating to
conservation, outdoor recreation or historic preservation matters.
7. To sell and convey any real or personal property or interest
therein acquired by and under the jurisdiction of the trust and surplus
to its needs, provided such sale and conveyance does not contravene the
terms or conditions of any gift, devise or bequest, and to retain the
proceeds derived therefrom for its corporate purposes.
8. To appoint and employ such officers, employees and staff and to
retain such expert legal, financial, engineering, architectural and such
other consultant services as it deems necessary to carry out its
corporate purposes.
9. To participate and cooperate with other public and private agencies
having mutual interests and purposes in appropriate programs and
projects intended to preserve and improve the natural and historic
resources of the state in furtherance of the education, welfare and
enjoyment of its people.
10. To administer, manage or operate any property acquired by the
trust pending transfer of jurisdiction thereof and to retain for its
corporate purposes any receipts, revenue or income derived therefrom
during the pendency of such transfer.
11. To sue and be sued.
12. To have a seal and alter the same at pleasure.
13. To do all things necessary or convenient to carry out the purposes
of this corporation.
S 55.09. Temporary assignment and transfer of employees. Whenever in
the opinion of the trust it would be in the public interest, it may,
after prior approval of the director of the budget, request the
temporary assignment and transfer of certain employees of any board,
commission, agency or department of the state or its political
subdivisions, and said board, commission, agency or department, if in
its opinion such transfer will not interfere with the performance of its
duties and functions may make such assignment and transfer of said
employees to the trust. Such assignment and transfer or extension
thereof shall not in any way affect the civil service status, continuity
of service, retirement plan status, right to compensation, grade or
compensation or other rights or privileges of any employee so
transferred.
S 55.11. Examination of title. The title to all real property proposed
to be acquired by the trust shall be examined and approved by the
attorney general of the state who shall also furnish any and all
necessary legal services and advice required to assist the trust in
accomplishing its corporate purposes.
S 55.13. Moneys of the corporation. 1. The moneys of the trust shall
be retained by it and deposited in a general account and such other
accounts as the trust may deem necessary for the transaction of its
business and shall be paid out on checks signed by the chairperson of
the corporation or by such other member or officer as the corporation
may authorize.
2. The comptroller of the state and his legally authorized
representatives are hereby authorized and empowered from time to time to
examine the accounts and books of the trust including its receipts,
disbursements, contracts, investments and any other matters relating to
its financial standing.
3. The trust shall submit to the governor, the chairperson of the
senate finance committee, the chairperson of the assembly ways and means
committee and the state comptroller, within ninety days after the end of
its fiscal year, a complete and detailed report of its operations and
accomplishments, its receipts and disbursements and its assets and
liabilities.
S 55.15. Creation of trust a public purpose. It is hereby found,
determined and declared that the creation of the trust and the carrying
out of its corporate purposes is in all respects for the benefit of the
people of the state of New York, for the preservation and improvement of
the natural and historic resources constituting their natural heritage
and in furtherance of their welfare and prosperity, and is a public
purpose, in that the trust will be performing an essential governmental
function in the exercise of the powers conferred upon it by this title
and the trust shall not be required to pay taxes or assessments upon any
of the property acquired by it or under its jurisdiction and control, or
upon its activities in the operation and maintenance of such properties
or use of any moneys, revenues or other income received by the
corporation. All contributions of real or personal property made to the
trust whether by gift, devise or bequest shall qualify as deductions in
computing the net taxable income of the donor for the purposes of any
income tax imposed by the state or any political subdivision thereof.
S 55.17. Payments in lieu of taxes. The trust may, when funds are
available and with the approval of the governor, enter into an agreement
with a municipality or district within which real property has been
acquired by the trust providing for the payment of moneys in lieu of
anticipated tax revenues for a period not to exceed five years whenever
the trust shall determine that undue hardship justifying such financial
relief has been created by such acquisition.
S 55.19. Members and employees not to profit. No officer, member or
employee of the trust shall receive or may be lawfully entitled to
receive any pecuniary profit from the operation thereof except
reasonable compensation for services in effecting one or more of its
purposes herein set forth.
S 55.21. Application of law. All of the general provisions of the public
authorities law or of any other law shall apply to the natural heritage
trust herein continued in the same manner as if the language of such law
had been incorporated in full into this article, except to the extent
that such provisions are inconsistent with the provisions of this
article.
S 55.23. Actions against the trust. Except in an action for wrongful
death, an action against the trust founded on tort shall not be commenced
more than one year and ninety days after the cause of action therefor shall
have accrued, nor unless a notice of claim shall have been served on the
trust within the time limited by, and in compliance with all the
requirements of section fifty-e of the general municipal law. An action
against the trust for wrongful death shall be commenced in accordance with
the notice of claim and time limitation provisions of title eleven of
article nine of the public authorities law.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
TITLE U
DIVISIONS OF HISTORY AND PUBLIC RECORDS
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 57
DIVISIONS OF HISTORY AND PUBLIC RECORDS
Section 57.01. Office of state history.
57.02. New York state history month.
57.03. Functions of the office of state history.
57.05. State archives.
57.07. Local historian; appointment; maintenance of historical
edifices.
57.09. Duties of local historian.
57.11. Penalty.
S 57.01. Office of state history. There shall be in the education
department the office of state history.
S 57.02. New York state history month. 1. Each month of November
following the effective date of this section shall be designated as New
York state history month.
2. The purpose of this month shall be to celebrate the history of New
York state and recognize the contributions of state and local histori-
ans.
3. The commissioner of education, through the office of state history
is hereby authorized to undertake projects to recognize New York state
history month. Such projects may include the creation of an essay
contest for state residents who are enrolled in any elementary or
secondary education program which shall reflect upon the importance of
New York state history. Any project or projects created pursuant to this
subdivision may, in the discretion of the commissioner of education,
authorize non-monetary awards to be given to project participants or
project winners as such commissioner may deem appropriate.
S 57.03. Functions of the office of state history. It shall be the
function of the office of state history:
1. To collect, edit and publish, with the approval of the com-
missioner of education, any archives, records, papers or manuscripts
that are deemed essential or desirable for the preservation of the
state`s history.
2. To prepare and publish, with the approval of the commissioner of
education, or assist in the preparation and publication of, works
relating to the history of the colony and state of New York.
3. To acquire, administer, preserve, exhibit, interpret, and, in
conformity with the regulations of the commissioner of education, to
loan, exchange or dispose of historical objects of personal property
relating to the history of the colony and state of New York; and to
advise any state agency, board, commission, office, civil subdivision,
institution, organization, or individual on the acquisition,
administration, preservation, exhibition, interpretation, and dis-
position of historical objects.
4. To perform the functions of the state education department set
forth in section 19.11 of the parks, recreation and historic
preservation law with respect to historic sites under the jurisdiction
of the office of parks, recreation and historic preservation; and to
advise and assist any political subdivision of the state and any
institution, organization or individual concerning the designation,
acquisition, administration, interpretation, use and disposition of any
historic site, property or place relative to the history of the colony
and state of New York, and to coordinate educational programs and
projects at such historic sites or properties.
5. To advise and assist any state agency, board, commission, office,
civil subdivision, institution or organization in the planning and
execution of any commemorative event relating to the history of the
colony and state of New York or New York`s participation in
commemorative events outside of the state.
6. To perform other functions or duties assigned the office by the
commissioner of education.
S 57.05. State archives. 1. There shall be continued within the
education department the state archives. The state archives shall
acquire, appraise, preserve either in original or duplicate form,
catalog, display, duplicate and make available for reference and use by
state officials and others those official records that have been
determined to have sufficient historical value or other value to warrant
their continued preservation by the state.
2. For the purposes of this section, official records shall include
all books, papers, maps, photographs, or other documentary materials,
regardless of physical form or characteristics, made or received by any
agency of the state or by the legislature or the judiciary in pursuance
of law or in connection with the transaction of public business and
preserved or appropriate for preservation by that agency or its
legitimate successor as evidence of the organization, functions,
policies, decisions, procedures, operations, or other activities, or
because of the information contained therein.
3. Library or museum material made or acquired and preserved solely
for reference or exhibition purposes, extra copies of documents
preserved only for convenience of reference, and stocks of publications
and of processed documents shall not be deemed to constitute official
records for the purposes of this section.
4. Except as otherwise provided by law, the state archives shall
acquire and assume the official custody and responsibility for pre-
serving and making available for reference and use those official
records of the legislature, the judiciary and the civil departments of
the state government which are deemed to have sufficient historical
value or other value to warrant their continued preservation by the
state.
5. The state archives shall acquire and assume the official custody
and responsibility for preserving and making available for reference and
use the official records of any public office, body or board now
extinct, or hereafter becoming extinct, which are deemed to have
sufficient historical value, or other value to warrant their continued
preservation by the state, if the custody and preservation of such
records are not otherwise provided for by law.
6. The state archives may accept records, or copies of records, of a
municipal, district or public benefit corporation, providing the records
have sufficient historical significance to warrant continued
preservation by the state.
7. The commissioner of education may request the attorney general to
institute legal action for the return to the custody of the state of any
record which has not legally been released from state custody.
8. The state archives may duplicate records in its custody, and
certify under its own official seal to the authenticity of the copies of
such records. The state archives with the approval of the commissioner
of education and in accordance with existing state statutes may dispose
of original records in its custody that have been duplicated.
9. The commissioner of education shall have the power to promulgate
rules and regulations to carry out the purposes of this section,
providing no objection to those rules and regulations is made within
thirty days prior to the effective date of the proposed rules and
regulations by the following: the speaker of the assembly for rules and
regulations relating to the records of the assembly; the president
pro-tem of the senate for rules and regulations relating to the records
of the senate; the director of the division of the budget for rules and
regulations relating to records of the civil departments; and the chief
administrator of the courts for rules and regulations relating to
records of the judiciary.
11. The state archives shall establish a state records center consisting
of one or more depositories for nonpermanent storage of state records
and shall be responsible for the preservation and disposal of such
records. Solely for the purposes of carrying out his record-keeping
functions, the commissioner of education shall be empowered:
(a) To assume responsibility for the physical possession, storage,
servicing and preservation of state agency records accepted into the
state records center, and for the security of the information contained
in or on them. State records stored with the state archives shall for
all purposes be deemed to be within the possession, custody and control
of the agency that transferred such records.
(b) To authorize the disposal or destruction of state records including
books, papers, maps, photographs, microphotographs or other documentary
materials made, acquired or received by any agency. At least forty days
prior to the proposed disposal or destruction of such records, the
commissioner of education shall deliver a list of the records to be
disposed of or destroyed to the attorney general, the comptroller and
the state agency that transferred such records. No state records listed
therein shall be destroyed if within thirty days after receipt of such
list the attorney general, comptroller, or the agency that transferred
such records shall notify the commissioner of education that in his
opinion such state records should not be destroyed.
(c) To agree to the deposit of noncurrent state records in the state
records center.
(d) To review plans submitted by state agencies for management of their
records and to make recommendations thereupon to the head of the state
agency and the director of the division of the budget.
(e) To inquire into the condition, character, amount and method of
keeping such records.
(f) To develop and implement a comprehensive and ongoing training
program in records management for all state agencies.
(g) To provide technical assistance in records management for state
agencies.
(h) To provide for the transfer of such records having archival value
from the state records center to the state archives for their permanent
preservation.
(i) To develop and implement a fee schedule, to be adopted by the board
of regents pursuant to rules and regulations adopted in conformity with
the state administrative procedure act, to support records management
activities subject to the following:
(i) the fee schedule may be changed only once in any twelve month
period, and
(ii) after the initial fee schedule is established by the board of
regents, proposed changes to said schedule must be included in the
annual budget request submitted to the director of the budget. Such
amended fee schedule shall not become effective until enactment of the
budget submitted annually by the governor to the legislature in
accordance with article seven of the constitution, and shall generate
revenues consistent with appropriations contained therefor within such
budget and sufficient to cover anticipated expenditures for the period
for which such fees shall be effective.
(j) To promulgate such other regulations as are necessary to carry out
the purposes of this subdivision.
S 57.07. Local historian; appointment; maintenance of historical
edifices. 1. A local historian shall be appointed, as provided in this
section, for each city, town or village, except that in a city of over one
million inhabitants a local historian shall be appointed for each borough
therein instead of for the city at large; and a county historian may be
appointed for each county. Such historian shall be appointed as follows:
For a city, by the mayor; for a borough, by the borough president; for a
town, by the supervisor; for a village, by the mayor; for a county, by the
board of supervisors. Such historian shall serve without compensation,
unless the governing board of the city, town, village or county for or in
which he or she was appointed or in the city of New York, the mayor, shall
otherwise provide. In a city having a board of estimate, other than the
city of New York, a resolution or ordinance establishing compensation or
salary for such historian shall not take effect without the concurrence of
such board. Each local government historian shall promote the establishment
and improvement of programs for the management and preservation of local
government records with enduring value for historical or other research;
encourage the coordinated collection and preservation of nongovernmental
historical records by libraries, historical societies, and other
repositories; and carry out and actively encourage research in such records
in order to add to the knowledge, understanding and appreciation of the
community`s history. The local authorities of the city, town, village or
county for which such historian is appointed, may provide the historian
with sufficient space in a safe, vault or other fire proof structure for
the preservation of historical materials collected. Such local authorities
and also the board of supervisors of each of the counties of the state are
hereby authorized and empowered to appropriate, raise by tax and expend
moneys for historical purposes within their several jurisdictions,
including historical edifices, the erection of historical markers and
monuments, the collection of war mementos, and, either alone or in
cooperation with patriotic or historical organizations, the preparation and
publication of local histories and records and the printing and issuing of
other historical materials in aid of the work of the local historian.
2. Such local authorities and also the board of supervisors of each of
the counties of the state are hereby authorized and empowered, in their
discretion, to contract with the trustees of an historical association for
the support of any or all historic edifices situated within the boundaries
of such municipality; or may share the cost of maintaining the same as
agreed with other municipal bodies; or may contract with the trustees of
such historical associations to maintain said historic edifices for public
use under such terms and conditions as may be stated in such contract. The
amount agreed to be paid for such use under such contract shall be a charge
upon the municipality and shall be paid in the same manner as other
municipal charges, except in a city having a board of estimate, other than
the city of New York, such contracts and any payments made thereunder shall
be approved by such board of estimate. In the city of New York, such
contracts and any payments thereunder shall be approved by the mayor.
3. Such local authorities are hereby authorized to establish and collect
reasonable charges to defray the cost of searching for and reproducing
copies of written or printed historical materials collected.
S 57.09. Duties of local historian. It shall be the duty of each local
historian, appointed as provided in the last section, in cooperation with
the state historian, to collect and preserve material relating to the
history of the political subdivision for which he or she is appointed, and
to file such material in fireproof safes or vaults in the county, city,
town or village offices. Such historian shall examine into the condition,
classification and safety from fire of the public records of the public
offices of such county, city, town or village, and shall call to the
attention of the local authorities and the state historian any material of
local historic value which should be acquired for preservation. He or she
shall make an annual report, in the month of January, to the local
appointing officer or officers and to the state historian of the work which
has been accomplished during the preceding year. He or she shall, upon
retirement or removal from office, turn over to the local county, city,
town or village authorities, or to his or her successor in office, if one
has been then appointed, all materials gathered during his or her
incumbency and all correspondence relating thereto. It shall be the duty
of the county historian to supervise the activities of the local historians
in towns and villages within the county in performing the historical work
recommended by the state historian, and also to prepare and to present to
the board of supervisors a report of the important occurrences within the
county for each calendar year. The state historian, at regular intervals,
not less than once a year, shall indicate to the local historians the
general lines along which local history material is to be collected.
S 57.11. Penalty. A public officer who refuses or neglects to perform
any duty required of him by this article or to comply with a recommendation
of the commissioner of education under the authority of this article,
shall for each month of such neglect or refusal, be punished by a fine of
not less than twenty dollars.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 57-A
LOCAL GOVERNMENT RECORDS LAW
Section 57.13. Statement of legislative intent.
57.15. Short title.
57.17. Definitions.
57.19. Local government records management program.
57.21. Local government records advisory council.
57.23. Oversight and advisory services.
57.25. Records retention and disposition.
57.27. Records with statewide significance.
57.29. Reproduction of records and disposition of the originals.
57.31. Cooperative records storage and management.
57.33. Exclusions.
57.35. Grants for local government records management improvement.
57.37. Regional records offices.
57.39. Reporting requirements.
S 57.13. Statement of legislative intent. The legislature finds that
public records are essential to the administration of local government.
Public records contain information which allows government programs to
function, provides officials with a basis for making decisions, and ensures
continuity with past operations. Public records document the legal
responsibility of government, protect the rights of citizens, and provide
citizens with a means of monitoring government programs and measuring the
performance of public officials. Local government records also reflect the
historical development of the government and of the community it serves.
Such records need to be systematically managed to ensure ready access to
vital information and to promote the efficient and economical operation of
government.
S 57.15. Short title. This article may be cited as the "Local Government
Records Law".
S 57.17. Definitions. Wherever used in this article, the following terms
shall have the respective meanings hereinafter set forth:
1. "Local government" means any county, city, town, village, school
district, board of cooperative educational services, district corporation,
public benefit corporation, public corporation, or other government created
under state law that is not a state department, division, board, bureau,
commission or other agency, heretofore or hereafter established by law.
2. "Governing body" means the town board, village board of trustees, city
council, county legislature or board of supervisors, board of education or
board of trustees of a school district or board of cooperative educational
services, board of fire commissioners or other body authorized by law to
govern the affairs of a local government.
3. "Local officer" shall mean and include a local officer as defined in
section two of the public officers law and any officer of a public benefit
corporation.
4. "Record" means any book, paper, map, photograph, or other
information-recording device, regardless of physical form or
characteristic, that is made, produced, executed, or received by any local
government or officer thereof pursuant to law or in connection with the
transaction of public business. Record as used herein shall not be deemed
to include library materials, extra copies of documents created only for
convenience of reference, and stocks of publications.
5. "Retention period" means the minimum length of time that must elapse
before a record is eligible for disposition.
6. "Records retention and disposition schedule" means a list or other
instrument describing records and their retention periods which is issued
by the commissioner of education.
7. "Disposition" means the disposal of a record by destruction, sale,
gift, transfer to the local government archives, or by other authorized
means.
S 57.19. Local government records management program. The governing
body, and the chief executive official where one exists, shall promote
and support a program for the orderly and efficient management of
records, including the identification and appropriate administration of
records with enduring value for historical or other research. Each local
government shall have one officer who is designated as records
management officer. This officer shall coordinate the development of and
oversee such program and shall coordinate legal disposition, including
destruction of obsolete records. In towns, the town clerk shall be the
records management officer. In fire districts, the district secretary
shall be the records management officer. In villages, the village clerk
shall be the records management officer. In other units of government,
except where the governing body shall have enacted a local law or
ordinance establishing a records management program and designating a
records management officer prior to the date that this article shall
take effect, the chief executive official shall designate a local
officer to be records management officer, subject to the approval of the
governing body.
S 57.21. Local government records advisory council. The commissioner
of education shall appoint a local government records advisory council
consisting of representatives of local government associations,
historians, the chief administrative judge, the commissioner of the
department of records and information services of the city of New York
or its successor agency, other users of local government records, and
other citizens. The city clerk of the city of New York shall be a
non-voting members of such advisory council. The council shall advise
the commissioner of education concerning local government records
policies and procedures, state services and financial support needed to
assist or advise local officials, and regulations pertaining to local
government records, and grants for local government records management
improvement pursuant to section 57.35 of this chapter. The advisory
council shall prepare an initial report on the above matters by December
first, nineteen hundred eighty-seven to be provided to the commissioner
of education, the governor, and appropriate committees of the
legislature. The commissioner of education shall not promulgate
regulations for the administration and maintenance of local government
records before July first, nineteen hundred eighty-eight except with
prior consultation with and review by the advisory council.
S 57.23. Oversight and advisory services. 1. It shall be the
responsibility of the commissioner of education to advise local
governments on planning and administering programs for the creation,
maintenance, preservation, reproduction, retention, and disposition of
their records; to advise local governments on the development of
micrographics systems, automated data processing systems, and other
systems that rely on technology to create, store, manage, and reproduce
information or records; and to advise local governments on the
preservation and use of vital records and records with enduring value
for historical or other research purposes.
2. The commissioner of education is authorized to establish
requirements for the proper creation, preservation, management and
protection of records, and shall develop statewide plans to ensure
preservation of adequate documentation of the functions, services, and
historical development of local governments.
3. The commissioner of education is authorized to promulgate
regulations to implement the provisions of this article with advice from
the local government records advisory council.
S 57.25. Records retention and disposition. 1. It shall be the
responsibility of every local officer to maintain records to adequately
document the transaction of public business and the services and
programs for which such officer is responsible; to retain and have
custody of such records for so long as the records are needed for the
conduct of the business of the office; to adequately protect such
records; to cooperate with the local government`s records management
officer on programs for the orderly and efficient management of records
including identification and management of inactive records and
identification and preservation of records of enduring value; to dispose
of records in accordance with legal requirements; and to pass on to his
successor records needed for the continuing conduct of business of the
office. In towns, records no longer needed for the conduct of the
business of the office shall be transferred to the custody of the town
clerk for their safekeeping and ultimate disposal.
2. No local officer shall destroy, sell or otherwise dispose of any
public record without the consent of the commissioner of education. The
commissioner of education shall, after consultation with other state
agencies and with local government officers, determine the minimum
length of time that records need to be retained. Such commissioner is
authorized to develop, adopt by regulation, issue and distribute to
local governments records retention and disposition schedules
establishing minimum legal retention periods. The issuance of such
schedules shall constitute formal consent by the commissioner of
education to the disposition of records that have been maintained in
excess of the retention periods set forth in the schedules. Such
schedules shall be reviewed and adopted by formal resolution of the
governing body of a local government prior to the disposition of any
records. If any law specifically provides a retention period longer than
that established by the records retention and disposition schedule
established herein the retention period established by such law shall
govern.
S 57.27. Records with statewide significance. The commissioner of
education is authorized to designate particular local government records
for permanent retention because of their enduring statewide significance.
S 57.29. Reproduction of records and disposition of the originals. Any
local officer may reproduce any record in his custody by microphotography
or other means that accurately and completely reproduces all the
information in the record. Such official may then dispose of the original
record even though it has not met the prescribed minimum legal retention
period, provided that the process for reproduction and the provisions made
for preserving and examining the copy meet requirements established by the
commissioner of education. Such copy shall be deemed to be an original
record for all purposes, including introduction as evidence in proceedings
before all courts and administrative agencies.
S 57.31. Cooperative records storage and management. All local government
records shall be kept in secure facilities maintained by the local
government unless the consent of the commissioner of education is obtained
to their transfer and storage elsewhere. Any local government may cooperate
with another local government or governments for the improved management
and preservation of records, and may enter into a contractual arrangement
for such purposes.
S 57.33. Exclusions. The provisions of this article shall not apply
to:
1. The records of any court, except as provided in section 57.35 of
this article.
2. The records of any city with a population of one million or more,
and the records of any county contained therein, so long as the
destruction of the records of such city or county shall be carried out
in accordance with the procedure prescribed by any existing law
exclusively applicable to the destruction of the records of such city or
county, provided that section 57.35 of this article shall apply to
grants for local government records management for supreme court records
in the custody of the counties of New York, Kings, Queens, Richmond and
Bronx, and records under the jurisdiction of the department of records
and information services of the city of New York or its successor
agency, and records under the jurisdiction of the city clerk of the city
of New York. If any such law shall be amended by local law after the
first day of July, nineteen hundred fifty-one, the provisions of this
section shall not apply to the destruction of such records if the
procedures therefor established by such law, as amended by local law,
shall be acceptable to the commissioner of education.
3. The records of any state department, division, board, bureau,
commission or other agency.
S 57.35. Grants for local government records management improvement.
1. The commissioner of education, upon consultation with the local
government records advisory council, is authorized to award grants for
records management improvement as specified in sections 57.19, 57.25,
57.29 and 57.31 of this chapter to individual local governments, groups
of cooperating local governments and local governments that have custody
of court records and for records management improvement for supreme
court records in the custody of the counties of New York, Kings, Queens,
Richmond, and Bronx and in accordance with subdivision two-a of this
section, records under the jurisdiction of the department of records and
information services of the city of New York or its successor agency and
the city clerk of the city of New York.
2. The commissioner of education shall promulgate rules and
regulations setting forth criteria and procedures necessary to award
grants for records management improvement from monies available for this
purpose in the New York state local government records management
improvement fund, established pursuant to section ninety-seven-i of the
state finance law.
Such criteria shall include but not be limited to:
(a) the development by the applicant of a written plan for a records
management program;
(b) the condition of the records of the applicant;
(c) the geographic location of the applicant so as to provide, to the
extent practicable, equitable geographic distribution of the grants;
(d) the particular design of the applicant`s records management
program; and
(e) the applicant`s arrangements for cooperative activities among
local governments for a records management program.
2-a (a) Notwithstanding the provision of paragraph (c) of subdivision
two of this section, the commissioner of education may award grants
totaling in the aggregate no more than one million dollars annually for
records management improvement to the department of records and
information services of the city of New York or its successor agency and
the city clerk of the city of New York in accordance with the provisions
of this subdivision.
(b) The department of records and information services or its
successor agency and the city clerk of the city of New York shall submit
applications to the commissioner of education at the same time as
applications pursuant to subdivision two of this section are required to
be submitted. The applications shall set forth the records management
improvement projects proposed by the department of records and
information services or its successor agency and the city clerk of the
city of New York is priority order and the amount requested for each
project. Priority assignment of each project shall be a factor taken
into consideration in addition to those outlined in subdivision two of
this section when making grant awards.
(c) Upon receipt of grant monies, the commissioner of the department
of records and information services or its successor agency and the city
clerk of the city of New York shall direct the disbursement of grant
monies to each project for which a grant has been approved.
(d) The commissioner of the department of records and information
services or its successor agency and the city clerk of the city of New
York shall, in addition to monitoring the progress of and providing
technical assistance to projects receiving awards pursuant to this
subdivision, prepare and submit progress reports on such projects. Such
reports shall be at the level of detail and frequency comparable to
reports required of other local governments receiving awards pursuant to
this section.
3. All monies received by the commissioner of education under the
provisions of the third undesignated paragraph of subdivision (a) of
section eight thousand eighteen, subparagraph b of paragraph four of
subdivision (a) of section eight thousand twenty-one and subparagraph b
of paragraph eleven of subdivision (b) of section eight thousand
twenty-one of the civil practice law and rules, and subdivision a of
section 7-604 of the administrative code of the city of New York, shall
be deposited by the commissioner of education to the credit of the New
York state local government records management improvement fund
established pursuant to section ninety-seven-i of the state finance law
by the tenth day of the month following receipt of such monies.
4. Each year the New York state local government records advisory
council shall review and make recommendations on a proposed operational
and expenditure plan for the New York state local government records
management improvement fund prior to its adoption by the commissioner of
education. The annual expenditure plan shall be subject to the approval
of the director of the division of the budget.
S 57.37. Regional records offices. 1. The commissioner of education is
authorized to establish in each judicial district, except New York city,
a regional records office. In New York city, the commissioner of
education is authorized to establish a single regional records office to
oversee records management programs for entities within the city of New
York whose records are not under the jurisdiction of the department of
records and information services or its successor agency and the city
clerk of the city of New York.
2. The regional records offices shall provide advisory and
consultative services and technical assistance to local governments on
records management and the administration of archival records and
address recommendations of the New York state local government records
advisory council.
3. The commissioner of education is authorized to employ specialists
in records management, archives administration and other specialists
necessary to provide advisory, consultative and technical assistance to
local governments from monies available for this purpose in the New York
state local government records management improvement fund, established
pursuant to section ninety-seven-i of the state finance law.
S 57.39. Reporting requirements. The commissioner of education, with the
advice of the New York state local government records advisory council,
shall report annually on or before March first to the governor and the
legislature on the status of local government records management, including
a report of revenues and expenditures from the New York state local
government records management improvement fund for the previous calendar
year and appropriate recommendations.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
TITLE V
AMERICAN MUSEUM OF NATURAL HISTORY
PLANETARIUM AUTHORITY
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 59
AMERICAN MUSEUM OF NATURAL HISTORY
PLANETARIUM AUTHORITY
Section 59.01. Short title.
59.03. Definitions.
59.05. The American Museum of Natural History Planetarium
Authority.
59.07. Powers of the authority.
59.09. Admission fees.
59.11. Moneys of the authority.
59.13. Bonds of the authority.
59.15. State and city not liable on bonds.
59.17. Bonds legal investments for fiduciaries.
59.19. Bonds to be tax exempt.
59.21. Remedies of bondholders.
59.23. Members and employees not to profit.
59.25. Visitation by regents.
59.27. Application of law.
S 59.01. Short title. This title may be cited as the "Museum
Planetarium Act".
S 59.03. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context,
1. The term "authority" shall mean the corporation created by section
59.05 of this chapter;
2. The term "planetarium" shall mean the planetarium herein authorized
and shall include the building housing the same and all machinery,
equipment, facilities and educational material incidental thereto;
3. The term "bonds" shall mean bonds issued by the authority pursuant
to this title;
4. The term "board" shall mean the members of the authority.
S 59.05. The American Museum of Natural History Planetarium Authority.
The trustees of The American Museum of Natural History, a corporation
created by chapter one hundred and nineteen of the laws of eighteen
hundred sixty-nine, and their successors in such office are hereby
continued as a body corporate by the name of "The American Museum of
Natural History Planetarium Authority, " to be located in the city of
New York, for the purpose of establishing and maintaining in such city a
planetarium upon a site provided by the authorities of such city
adjacent to The American Museum of Natural History in such city; of
encouraging and developing the study of astronomical science; of
advancing the general knowledge of kindred subjects, and to that end, of
furnishing popular instruction. Such authority shall constitute a
public benefit corporation.
The president of the authority shall be the president of The American
Museum of Natural History. The members of the authority shall be
entitled to no compensation for their services but shall be entitled to
reimbursement for all expenses incurred or to be incurred in connection
with the planetarium hereby authorized. Nine members of the authority,
or, if nine be more than a majority of all of the members then in
office, a majority of the members of the authority, shall constitute a
quorum at any meeting of the board, and a majority of the members
present at a meeting of the board at which there is a quorum may
exercise the powers of the authority. The authority may delegate to one
or more of its members or to its officers, agents and employees, such
powers and duties as it may deem proper.
The existence of the authority shall continue only for a period of
five years and thereafter until all its liabilities have been met and
its bonds have been paid in full or such liabilities or bonds have
otherwise been discharged. Upon its ceasing to exist, all of its real
property shall pass to the city of New York and all of its personal
property shall pass to The American Museum of Natural History for its
corporate purposes. Thereupon, such real property shall be maintained
and operated in the same manner and subject to the same provisions,
restrictions and authorities and by the same corporation as the other
property of the city of New York which is now occupied by The American
Museum of Natural History.
S 59.07. Powers of the authority. The authority shall have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes;
4. To make by-laws for the management and regulation of its affairs;
5. With the consent of The American Museum of Natural History, to use
the agents, employees and facilities of said The American Museum of
Natural History, paying its proper proportion of the compensation or
cost;
6. To appoint officers, agents and employees and fix their
compensation;
7. To make contracts and to execute all instruments necessary or
convenient;
8. By contract or contracts or by its own employees, to construct such
planetarium building, together with incidental machinery, equipment and
facilities;
9. To purchase or construct, or acquire by gift, loan or otherwise
from The American Museum of Natural History or other persons or
corporations, and install in such planetarium building, a planetarium
instrument or instruments and such other astronomical instruments and
exhibits as to such board shall seem best adapted for astronomical
instruction;
10. To maintain, reconstruct and operate the planetarium;
11. To charge admission fees for exhibiting the planetarium or some
part or parts thereof, subject to and in accordance with section 59.09
of this title and such agreements with bondholders as may be made as
hereinafter provided;
12. To issue negotiable bonds and to provide for the rights of the
holders thereof; and
13. To do all things necessary or convenient to carry out the powers
expressly given by this title.
S 59.09. Admission fees. In order that the educational influence of
the planetarium shall reach as many persons as possible, the board shall
not fix admission fees, at rates higher than are necessary to pay the
cost of construction, operation, maintenance and repair of the
planetarium and instruction in connection therewith, and to pay the
principal of and interest on any bonds issued hereunder, and to meet the
reserves and sinking funds provided for in any resolution authorizing
such bonds. Classes from the public schools and colleges of the city of
New York shall be admitted to the planetarium without charge at such
times and upon such days of the week and under such reasonable rules and
regulations as the board shall prescribe.
S 59.11. Moneys of the authority. The moneys in the deposit account of
the authority shall be paid out on checks signed by the president of the
authority or by such other person or persons as the authority may
authorize. All deposits of such moneys shall, if required by the
authority, be secured by obligations of the United States or the state
of New York, of a market value equal at all times to the amount of the
deposit and all banks and trust companies are authorized to give such
security for such deposits. The comptroller of the city of New York and
his legally authorized representatives are hereby authorized and
empowered from time to time to examine the accounts and books of the
authority, including its receipts, disbursements, contracts, sinking
funds, investments and any other matters relating to its financial
standing.
S 59.13. Bonds of the authority. 1. The authority shall have power and
is hereby authorized from time to time to issue its negotiable bonds in
conformity with applicable provisions of the uniform commercial code in
the aggregate principal amount of not exceeding one million dollars. The
authority shall have power from time to time to refund any bonds by the
issuance of new bonds, whether the bonds to be refunded have or have not
matured, and may issue bonds partly to refund bonds then outstanding and
partly for any other corporate purpose. In computing the total amount of
bonds of the authority which may at any time be outstanding the amount
of the outstanding bonds to be refunded from the proceeds of the sale of
new bonds or by exchange for new bonds shall be excluded.
2. Such bonds shall be authorized by resolution of the board and shall
bear such date or dates, mature at such time or times not exceeding
twenty-five years from their respective dates, bear interest at such
rate or rates as approved by the state comptroller, payable
semi-annually, be in such denominations, be in such form, either coupon
or registered, carry such registration privileges, be executed in such
manner, be payable in such medium of payment at such place or places,
and be subject to such terms of redemption not exceeding par and accrued
interest as such resolution or resolutions may provide. Such bonds may
be sold at public or private sale for such price or prices as the
authority shall determine.
3. Such bonds may be issued for any corporate purposes of the
authority.
4. Any resolution or resolutions authorizing any bonds may contain
provisions which shall be a part of the contract with the holders of the
bonds, as to
(a) Pledging the revenues of the planetarium to secure the payment of
the bonds;
(b) The admission fees to be charged for the exhibition of the
planetarium and the amount to be raised in each year by admission fees
and the use and disposition of such fees and other revenues;
(c) The setting aside of reserves or sinking funds and the regulation
or disposition thereof;
(d) The use and exhibition of the planetarium;
(e) Limitations on the purpose to which the proceeds of sale of any
issue of bonds then or thereafter to be issued may be applied;
(f) Limitations on the issuance of additional bonds;
(g) The procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds the holders
of which must consent thereto and the manner in which such consent may
be given.
5. Neither the members of the board nor any person executing such
bonds shall be liable personally on the bonds or be subject to any
personal liability or accountability by reason of the issuance thereof.
6. The authority shall have power out of any funds available therefor
to purchase any bonds issued by it at a premium of not more than four
percentum and accrued interest. All bonds so purchased shall be
cancelled.
S 59.15. State and city not liable on bonds. The bonds and other
obligations of the authority shall not be a debt of the state of New
York or city of New York and neither the state nor such city shall be
liable thereon, nor shall they be payable out of any funds other than
those of the authority.
S 59.17. Bonds legal investments for fiduciaries. The bonds are hereby
made securities in which all public officers and bodies of this state
and all municipalities and municipal subdivisions, all insurance
companies and associations, all savings banks and savings institutions,
including savings and loan associations, administrators, guardians,
executors, trustees and other fiduciaries in the state may properly and
legally invest funds in their control.
S 59.19. Bonds to be tax exempt. The bonds shall be exempt from
taxation except for transfer and estate taxes.
S 59.21. Remedies of bondholders. 1. In the event that the authority
shall default in the payment of principal of or interest on any of the
bonds after the same shall become due, whether at maturity or upon call
for redemption, and such default shall continue for a period of thirty
days, or in the event that the authority shall fail or refuse to comply
with the provisions of this title, or shall default in any agreement
made with the holders of the bonds, the holders of twenty-five percentum
in aggregate principal amount of the bonds then outstanding by
instrument or instruments filed in the office of the clerk of the county
of New York and proved or acknowledged in the same manner as a deed to
be recorded may appoint a trustee to represent the bondholders for the
purposes herein provided;
2. Such trustee may, and upon written request of the holders of
twenty-five percentum in the principal amount of the bonds then
outstanding shall, in his or its own name:
(a) By suit, action or special proceeding enforce all rights of the
bondholders, including the right to require the authority and the board
to collect admission fees adequate to carry out any agreement as to, or
pledge of, such admission fees, and to require the authority and the
board to carry out any other agreements with the bondholders and to
perform its and their duties under this title;
(b) Bring suit upon the bonds;
(c) By action or suit in equity, require the authority to account as
if it were the trustee of an express trust for the bondholders;
(d) By action or suit in equity, enjoin any acts or things which may
be unlawful or in violation of the rights of the bondholders;
(e) Declare all bonds due and payable, and if all defaults shall be
made good annul, upon the written consent of the holders of twenty-five
percentum in principal amount of the bonds then outstanding, such
declaration and its consequences.
3. The supreme court shall have jurisdiction of any suit, action or
proceeding by the trustee on behalf of the bondholders. The venue of any
such suit, action or proceeding shall be laid in New York county.
4. Before declaring the principal of all bonds due and payable the
trustee shall first give thirty days` notice in writing to the
authority.
5. Any such trustee, whether or not all bonds have been declared due
and payable, shall be entitled as of right to the appointment of a
receiver who may enter and take possession of the planetarium or any
part or parts thereof and operate and maintain the same and collect and
receive all admission fees and other revenues thereafter arising
therefrom in the same manner as the authority itself might do and shall
deposit all such moneys in a separate account and apply the same in such
manner as the court shall direct. In any suit, action or proceeding by
the trustee the fees, counsel fees and expenses of the trustee and of
the receiver, if any, shall constitute taxable disbursements and all
costs and disbursements allowed by the court shall be a first charge on
any admission fees and other revenues derived from the planetarium.
6. Such trustee shall in addition to the foregoing have and possess
all of the powers necessary or appropriate for the exercise of any
functions specifically set forth herein or incident to the general
representation of the bondholders in the enforcement and protection of
their rights.
S 59.23. Members and employees not to profit. No officer, member or
employee of the corporation shall receive or may be lawfully entitled to
receive any pecuniary profit from the operation thereof except
reasonable compensation for services in effecting one or more of its
purposes herein set forth.
S 59.25. Visitation by regents. The regents, or the commissioner of
education, or their representatives, may visit, examine into and
inspect, the authority as an institution under the educational
supervision of the state, and may require, as often as desired, duly
verified reports therefrom giving such information and in such form as
the regents or the commissioner of education shall prescribe.
S 59.27. Application of law. All of the general provisions of the public
authorities law or of any other law shall apply to the authority herein
continued in the same manner as if the language of such law had been
incorporated in full into this article, except to the extent that such
provisions are inconsistent with the provisions of this article.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 59
AMERICAN MUSEUM OF NATURAL HISTORY
PLANETARIUM AUTHORITY
Section 59.01. Short title.
59.03. Definitions.
59.05. The American Museum of Natural History Planetarium
Authority.
59.07. Powers of the authority.
59.09. Admission fees.
59.11. Moneys of the authority.
59.13. Bonds of the authority.
59.15. State and city not liable on bonds.
59.17. Bonds legal investments for fiduciaries.
59.19. Bonds to be tax exempt.
59.21. Remedies of bondholders.
59.23. Members and employees not to profit.
59.25. Visitation by regents.
59.27. Application of law.
S 59.01. Short title. This title may be cited as the "Museum
Planetarium Act".
S 59.03. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context,
1. The term "authority" shall mean the corporation created by section
59.05 of this chapter;
2. The term "planetarium" shall mean the planetarium herein authorized
and shall include the building housing the same and all machinery,
equipment, facilities and educational material incidental thereto;
3. The term "bonds" shall mean bonds issued by the authority pursuant
to this title;
4. The term "board" shall mean the members of the authority.
S 59.05. The American Museum of Natural History Planetarium Authority.
The trustees of The American Museum of Natural History, a corporation
created by chapter one hundred and nineteen of the laws of eighteen
hundred sixty-nine, and their successors in such office are hereby
continued as a body corporate by the name of "The American Museum of
Natural History Planetarium Authority, " to be located in the city of
New York, for the purpose of establishing and maintaining in such city a
planetarium upon a site provided by the authorities of such city
adjacent to The American Museum of Natural History in such city; of
encouraging and developing the study of astronomical science; of
advancing the general knowledge of kindred subjects, and to that end, of
furnishing popular instruction. Such authority shall constitute a
public benefit corporation.
The president of the authority shall be the president of The American
Museum of Natural History. The members of the authority shall be
entitled to no compensation for their services but shall be entitled to
reimbursement for all expenses incurred or to be incurred in connection
with the planetarium hereby authorized. Nine members of the authority,
or, if nine be more than a majority of all of the members then in
office, a majority of the members of the authority, shall constitute a
quorum at any meeting of the board, and a majority of the members
present at a meeting of the board at which there is a quorum may
exercise the powers of the authority. The authority may delegate to one
or more of its members or to its officers, agents and employees, such
powers and duties as it may deem proper.
The existence of the authority shall continue only for a period of
five years and thereafter until all its liabilities have been met and
its bonds have been paid in full or such liabilities or bonds have
otherwise been discharged. Upon its ceasing to exist, all of its real
property shall pass to the city of New York and all of its personal
property shall pass to The American Museum of Natural History for its
corporate purposes. Thereupon, such real property shall be maintained
and operated in the same manner and subject to the same provisions,
restrictions and authorities and by the same corporation as the other
property of the city of New York which is now occupied by The American
Museum of Natural History.
S 59.07. Powers of the authority. The authority shall have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes;
4. To make by-laws for the management and regulation of its affairs;
5. With the consent of The American Museum of Natural History, to use
the agents, employees and facilities of said The American Museum of
Natural History, paying its proper proportion of the compensation or
cost;
6. To appoint officers, agents and employees and fix their
compensation;
7. To make contracts and to execute all instruments necessary or
convenient;
8. By contract or contracts or by its own employees, to construct such
planetarium building, together with incidental machinery, equipment and
facilities;
9. To purchase or construct, or acquire by gift, loan or otherwise
from The American Museum of Natural History or other persons or
corporations, and install in such planetarium building, a planetarium
instrument or instruments and such other astronomical instruments and
exhibits as to such board shall seem best adapted for astronomical
instruction;
10. To maintain, reconstruct and operate the planetarium;
11. To charge admission fees for exhibiting the planetarium or some
part or parts thereof, subject to and in accordance with section 59.09
of this title and such agreements with bondholders as may be made as
hereinafter provided;
12. To issue negotiable bonds and to provide for the rights of the
holders thereof; and
13. To do all things necessary or convenient to carry out the powers
expressly given by this title.
S 59.09. Admission fees. In order that the educational influence of
the planetarium shall reach as many persons as possible, the board shall
not fix admission fees, at rates higher than are necessary to pay the
cost of construction, operation, maintenance and repair of the
planetarium and instruction in connection therewith, and to pay the
principal of and interest on any bonds issued hereunder, and to meet the
reserves and sinking funds provided for in any resolution authorizing
such bonds. Classes from the public schools and colleges of the city of
New York shall be admitted to the planetarium without charge at such
times and upon such days of the week and under such reasonable rules and
regulations as the board shall prescribe.
S 59.11. Moneys of the authority. The moneys in the deposit account of
the authority shall be paid out on checks signed by the president of the
authority or by such other person or persons as the authority may
authorize. All deposits of such moneys shall, if required by the
authority, be secured by obligations of the United States or the state
of New York, of a market value equal at all times to the amount of the
deposit and all banks and trust companies are authorized to give such
security for such deposits. The comptroller of the city of New York and
his legally authorized representatives are hereby authorized and
empowered from time to time to examine the accounts and books of the
authority, including its receipts, disbursements, contracts, sinking
funds, investments and any other matters relating to its financial
standing.
S 59.13. Bonds of the authority. 1. The authority shall have power and
is hereby authorized from time to time to issue its negotiable bonds in
conformity with applicable provisions of the uniform commercial code in
the aggregate principal amount of not exceeding one million dollars. The
authority shall have power from time to time to refund any bonds by the
issuance of new bonds, whether the bonds to be refunded have or have not
matured, and may issue bonds partly to refund bonds then outstanding and
partly for any other corporate purpose. In computing the total amount of
bonds of the authority which may at any time be outstanding the amount
of the outstanding bonds to be refunded from the proceeds of the sale of
new bonds or by exchange for new bonds shall be excluded.
2. Such bonds shall be authorized by resolution of the board and shall
bear such date or dates, mature at such time or times not exceeding
twenty-five years from their respective dates, bear interest at such
rate or rates as approved by the state comptroller, payable
semi-annually, be in such denominations, be in such form, either coupon
or registered, carry such registration privileges, be executed in such
manner, be payable in such medium of payment at such place or places,
and be subject to such terms of redemption not exceeding par and accrued
interest as such resolution or resolutions may provide. Such bonds may
be sold at public or private sale for such price or prices as the
authority shall determine.
3. Such bonds may be issued for any corporate purposes of the
authority.
4. Any resolution or resolutions authorizing any bonds may contain
provisions which shall be a part of the contract with the holders of the
bonds, as to
(a) Pledging the revenues of the planetarium to secure the payment of
the bonds;
(b) The admission fees to be charged for the exhibition of the
planetarium and the amount to be raised in each year by admission fees
and the use and disposition of such fees and other revenues;
(c) The setting aside of reserves or sinking funds and the regulation
or disposition thereof;
(d) The use and exhibition of the planetarium;
(e) Limitations on the purpose to which the proceeds of sale of any
issue of bonds then or thereafter to be issued may be applied;
(f) Limitations on the issuance of additional bonds;
(g) The procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds the holders
of which must consent thereto and the manner in which such consent may
be given.
5. Neither the members of the board nor any person executing such
bonds shall be liable personally on the bonds or be subject to any
personal liability or accountability by reason of the issuance thereof.
6. The authority shall have power out of any funds available therefor
to purchase any bonds issued by it at a premium of not more than four
percentum and accrued interest. All bonds so purchased shall be
cancelled.
S 59.15. State and city not liable on bonds. The bonds and other
obligations of the authority shall not be a debt of the state of New
York or city of New York and neither the state nor such city shall be
liable thereon, nor shall they be payable out of any funds other than
those of the authority.
S 59.17. Bonds legal investments for fiduciaries. The bonds are hereby
made securities in which all public officers and bodies of this state
and all municipalities and municipal subdivisions, all insurance
companies and associations, all savings banks and savings institutions,
including savings and loan associations, administrators, guardians,
executors, trustees and other fiduciaries in the state may properly and
legally invest funds in their control.
S 59.19. Bonds to be tax exempt. The bonds shall be exempt from
taxation except for transfer and estate taxes.
S 59.21. Remedies of bondholders. 1. In the event that the authority
shall default in the payment of principal of or interest on any of the
bonds after the same shall become due, whether at maturity or upon call
for redemption, and such default shall continue for a period of thirty
days, or in the event that the authority shall fail or refuse to comply
with the provisions of this title, or shall default in any agreement
made with the holders of the bonds, the holders of twenty-five percentum
in aggregate principal amount of the bonds then outstanding by
instrument or instruments filed in the office of the clerk of the county
of New York and proved or acknowledged in the same manner as a deed to
be recorded may appoint a trustee to represent the bondholders for the
purposes herein provided;
2. Such trustee may, and upon written request of the holders of
twenty-five percentum in the principal amount of the bonds then
outstanding shall, in his or its own name:
(a) By suit, action or special proceeding enforce all rights of the
bondholders, including the right to require the authority and the board
to collect admission fees adequate to carry out any agreement as to, or
pledge of, such admission fees, and to require the authority and the
board to carry out any other agreements with the bondholders and to
perform its and their duties under this title;
(b) Bring suit upon the bonds;
(c) By action or suit in equity, require the authority to account as
if it were the trustee of an express trust for the bondholders;
(d) By action or suit in equity, enjoin any acts or things which may
be unlawful or in violation of the rights of the bondholders;
(e) Declare all bonds due and payable, and if all defaults shall be
made good annul, upon the written consent of the holders of twenty-five
percentum in principal amount of the bonds then outstanding, such
declaration and its consequences.
3. The supreme court shall have jurisdiction of any suit, action or
proceeding by the trustee on behalf of the bondholders. The venue of any
such suit, action or proceeding shall be laid in New York county.
4. Before declaring the principal of all bonds due and payable the
trustee shall first give thirty days` notice in writing to the
authority.
5. Any such trustee, whether or not all bonds have been declared due
and payable, shall be entitled as of right to the appointment of a
receiver who may enter and take possession of the planetarium or any
part or parts thereof and operate and maintain the same and collect and
receive all admission fees and other revenues thereafter arising
therefrom in the same manner as the authority itself might do and shall
deposit all such moneys in a separate account and apply the same in such
manner as the court shall direct. In any suit, action or proceeding by
the trustee the fees, counsel fees and expenses of the trustee and of
the receiver, if any, shall constitute taxable disbursements and all
costs and disbursements allowed by the court shall be a first charge on
any admission fees and other revenues derived from the planetarium.
6. Such trustee shall in addition to the foregoing have and possess
all of the powers necessary or appropriate for the exercise of any
functions specifically set forth herein or incident to the general
representation of the bondholders in the enforcement and protection of
their rights.
S 59.23. Members and employees not to profit. No officer, member or
employee of the corporation shall receive or may be lawfully entitled to
receive any pecuniary profit from the operation thereof except
reasonable compensation for services in effecting one or more of its
purposes herein set forth.
S 59.25. Visitation by regents. The regents, or the commissioner of
education, or their representatives, may visit, examine into and
inspect, the authority as an institution under the educational
supervision of the state, and may require, as often as desired, duly
verified reports therefrom giving such information and in such form as
the regents or the commissioner of education shall prescribe.
S 59.27. Application of law. All of the general provisions of the public
authorities law or of any other law shall apply to the authority herein
continued in the same manner as if the language of such law had been
incorporated in full into this article, except to the extent that such
provisions are inconsistent with the provisions of this article.
--------------------------------------------------------------------------New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 60
SALE OF AUTOGRAPHED SPORTS COLLECTIBLES
Section 60.01. Definitions.
60.02. Certificate of authenticity; contents.
60.03. Prohibitions.
60.04. Disclosure required.
60.05. Private remedies.
60.06. Enforcement by attorney general.
S 60.01. Definitions. As used in this article, the following terms
shall have the following meanings:
1. "Autographed" means bearing the actual signature of a sports
personality, signed by such individual`s own hand.
2. "Collectible" means an autographed sports item including, but not
limited to, a photograph, book, ticket, plaque, sports program, trading
card, item of sports equipment or clothing, or other sports memorabilia
sold or offered for sale in or from this state by a dealer to a consumer
for twenty-five dollars or more.
3. "Consumer" means any natural person who purchases an autographed
sports collectible from a dealer for personal, family or household
purposes.
4. "Dealer" means a person who is in the business of selling or
offering for sale in or from this state, exclusively or non-exclusively,
autographed sports collectibles or a person who by his occupation holds
himself out as having knowledge or skill peculiar to such collectibles,
or to whom such knowledge or skill may be attributed by his employment
of an agent or other intermediary who by his occupation holds himself
out as having such knowledge or skill. The term "dealer" includes an
auctioneer who sells such collectibles at public auction, and includes
persons who are consignors or principals of auctioneers.
5. "Description" means any representation in writing, including but
not limited to a representation contained in an advertisement, invoice,
catalog, flyer, sign, brochure, or other commercial or promotional
material. Such term shall also include a representation contained in a
prepared script and made for the purpose of selling an autographed
sports collectible in a radio or television broadcast to the public in
or from this state.
6. "Person" means any natural person, partnership, corporation,
company, trust, association or other entity, however organized.
7. "Supplier" means any person who provides collectibles to a dealer
specifically for the purposes of re-sale.
S 60.02. Certificate of authenticity; contents. 1. Whenever a dealer,
in selling or offering to sell in or from this state a collectible to a
consumer, provides a description of such collectible as being
autographed, he shall furnish to the consumer at the time of sale a
certificate of authenticity. Such certificate of authenticity shall be
in writing and signed by such dealer, his or her authorized agent or his
or her supplier. The certificate shall be in at least ten point boldface
type and shall contain the dealer`s or supplier`s true legal name and
street address. Each certificate of authenticity shall:
(a) describe the collectible and the name of the sports personality
who signed it; and
(i) specify the purchase price and date of sale; or
(ii) be accompanied by a separate invoice that specifies the purchase
price and date of sale;
(b) contain an express warranty, which shall be presumed to be part of
the basis of the bargain, of the authenticity of the autographed
collectible. Such warranty shall not be negated or limited because the
dealer or the supplier in the certificate does not use formal words such
as "warranty", or "guarantee", or because such dealer or supplier does
not have a specific intention or authorization to make a warranty or
because any statement relevant to the autographed collectible is, or
purports to be, or is capable of being, merely the dealer`s or the
supplier`s opinion; and
(c) unless such information appears in legible fashion on the
collectible itself, specify whether the collectible is offered as one of
a limited edition and, if so:
(i) how the collectible and the edition are numbered, and
(ii) the size of the edition and the size of any prior or anticipated
future edition, if any. If the size of any prior or anticipated future
edition is not known, the certificate shall contain an explicit
statement to that effect.
2. If a dealer offers collectibles at auction, the requirement for a
certificate of authenticity may be met if the dealer at the time of
sale:
(a) provides the buyer a catalog which (i) is available to the public,
(ii) contains a picture and description of the collectible, and (iii)
contains a warranty and information which meet the requirements of
paragraphs (b) and (c) of subdivision one of this section; and
(b) provides a separate invoice that specifies the purchase price and
date of sale.
The dealer shall be required to maintain a copy of such catalog and
information regarding the sale of items described therein for a period
of five years following the year of such sale.
3. In those instances in which the provisions of this section are met
in accordance with subdivision two of this section by use of a catalog,
any warranty contained in such catalog shall not be more restrictive
than the provisions of this article.
S 60.03. Prohibitions. No dealer shall represent that a collectible is
autographed if said dealer knows, or has reason to believe, that it was
signed other than by the sports personality in his or her own hand.
S 60.04. Disclosure required. 1. No dealer shall sell or offer for
sale in or from this state an autographed sports collectible to any
consumer unless, at the location where the sale occurs, in close
proximity to the merchandise, he places a conspicuous sign that reads:
SALE OF AUTOGRAPHED SPORTS MEMORABILIA
AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER
ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY
AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST
PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE
TIME OF SALE.
2. (a) Any dealer engaged in a mail-order or telephone order business
who sells or offers for sale in or from this state an autographed sports
collectible to any consumer shall include in any written advertisement
relating to any such item, in type of conspicuous size, the disclosure
required by subdivision one of this section or language substantially
equivalent to the disclosure required by subdivision one of this
section.
(b) When an offer for sale of an autographed sports collectible takes
the form of a televised broadcast, such offer shall include a written
on-screen message that shall be prominently displayed and clearly
visible for no less than five seconds at the beginning of each segment
of broadcast for each item offered for sale and displayed thereafter for
no less than five seconds at ten minute intervals during said segment,
that reads:
A WRITTEN CERTIFICATE OF AUTHENTICITY
IS PROVIDED WITH EACH AUTOGRAPHED
COLLECTIBLE, AS REQUIRED BY LAW.
(c) When such offer for sale takes the form of a radio advertisement,
such advertisement shall include as part of the oral message the
disclosure required by paragraph (b) of this subdivision.
S 60.05. Private remedies. Any consumer injured by the failure of a
dealer to provide a certificate of authenticity containing the
information required by section 60.02 of this article, or by the
furnishing by a dealer of a certificate of authenticity that contains
information that the dealer knows or has reason to believe is materially
false may bring an action for recovery of damages after giving the
dealer fifteen days notice by certified mail, return receipt requested.
In any such action the court may allow the prevailing consumer the costs
of the action together with reasonable attorney`s fees and expert
witnesses` fees. A dealer may assert the tender of a refund of the
original purchase price as a full defense to such an action when such
refund has been tendered prior to the commencement of such action. This
remedy shall not bar or be deemed inconsistent with the exercise of
additional remedies otherwise available to the consumer.
S 60.06. Enforcement by attorney general. In addition to the other
remedies provided, whenever there shall be a violation of this article,
application may be made by the attorney general in the name of the
people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this article, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not more than one thousand dollars for each violation. In
connection with any such proposed application, the attorney general is
authorized to take proof and make a determination of the relevant facts
and to issue subpoenas in accordance with the civil practice law and
rules.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE W
MISCELLANEOUS PROVISIONS
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 61
MISCELLANEOUS PROVISIONS
Section 61.01. Public entertainment on Sunday.
61.03. Maintenance or employment of band by a city or village.
61.05. Free public libraries.
61.07. Use of fireworks in entertainment productions in certain
cities.
61.09. Use of school house by news media.
61.11. Fingerprinting employees of public galleries, museums,
hospitals, medical colleges affiliated with
hospitals and private proprietary hospitals.
61.13. Earl W. Brydges Art park.
S 61.01. Public entertainment on Sunday. All legitimate theatrical
performances, concert and recital dances, motion picture exhibitions, or
other public exhibitions, exhibits, shows or entertainment on the first
day of the week are prohibited, except as hereinafter provided.
Notwithstanding the provisions of this section, or of any general or
local law, it shall be lawful to conduct or participate in any public
entertainment on the first day of the week after five minutes past one
o`clock in the afternoon, to witness which the public is invited or an
admission fee is charged, either directly or indirectly, in a city, town
or village as shall be permitted, by a local law or ordinance heretofore
or hereafter adopted by the common council or other legislative body of
the city, town or village, permitting the same on such day and after
such hour. If in any city, town or village concert or recital dances,
motion pictures or legitimate theatrical productions are now exhibited
on the first day of the week, they may continue to be so exhibited
during such times as the exhibition of such dances, pictures,
productions and performances shall not have been prohibited by a local
law or ordinance heretofore or hereafter adopted by the common council
or other legislative body of such city, town or village.
S 61.03. Maintenance or employment of band by a city or village. The
governing board of any city of the first or second class may, and the
governing board of a city of the third class or of a village, if a
proposition be submitted as provided in this section and adopted by
majority vote of the qualified voters of the city or village voting
thereon, shall provide for the maintenance or employment of a band for
musical purposes, for the entertainment of the public. In a city of the
third class or a village, a petition, signed and duly acknowledged by at
least five percentum of the qualified voters of the city or village may
be filed, within sixty days and not later than thirty days before a
regular municipal election therein, with the officer or board charged by
law with the duty of preparing ballots for such election, requesting the
submission thereat of the proposition "Shall this city (or village)
maintain or employ a band at an annual expense of not exceeding (amount
to be inserted) dollars?" Upon the due filing of such a petition, such
proposition shall be submitted at such election in the manner provided
in the election law, and notice that such proposition is to be so
submitted shall be published by such board or officer as follows: In a
newspaper published in the city or village once in each of the two weeks
preceding the election; but if there be no such newspaper, such board or
officer shall cause such notice to be posted in ten public places in the
city or village at least ten days before the election. In such a city
of the third class or village, in which such a proposition shall have
been adopted, a like petition may be presented after two years for the
submission of the proposition "Shall the maintenance or employment of a
band by the city (or village) be discontinued?" Such proposition shall
be submitted accordingly and if adopted by majority vote of the
qualified voters of the city or village voting thereon, the power of the
city or village to maintain or employ such a band shall cease. This
section shall not apply to a city or village whose charter makes special
provision in relation to the maintenance or employment of a band by the
city.
S 61.05. Free public libraries. Any municipal corporation may establish
and maintain a free public library or museum in accordance with the
library provisions of sections two hundred fifty-three to two hundred
seventy-one, both inclusive, of the education law.
S 61.07. Use of fireworks in entertainment productions in certain
cities. Notwithstanding any other provision of law, a city having a
population of one million or more may enact a local law permitting and
regulating the storage, transportation, sale for use or use of
fireworks, as defined in subdivision one of section 270.00 of the penal
law, in connection with the presentation in whole or in part of a
musical, dramatic, dance, operatic or other stage performance by
performers who appear in person in the immediate presence of an
audience, which is held in any building or part of a building adapted
and used for such purpose or which has a stage for such performances
used with scenery or other stage appliances, and to which admission is
limited to persons holding admission tickets or other evidence of
permission to enter, or in connection with the production of motion
pictures.
S 61.09. Use of school house by news media. The trustees or board of
education of any school district may permit, subject to terms and
conditions satisfactory to such trustees or board, the admission of
persons and equipment of any news medium to school grounds, school
houses, school buildings and other locations for the dissemination of
information by print, broadcast, recording or other means, of athletic
events, concerts, lectures and similar activities taking place thereat
of interest to the general public; provided that nothing herein
contained shall prevent the broadcasting or televising of any such
events or activities with or without commercial sponsorship.
S 61.11. Fingerprinting employees of public galleries, museums,
hospitals, medical colleges affiliated with hospitals and private
proprietary hospitals. The trustees or board of managers of a public
gallery of art or museum housing valuable objects of art, precious
metals or precious stones, or the trustees or board of managers of a
legally incorporated hospital, supported in whole or in part by public
funds or private endowment, or the trustees or board of managers of a
medical college affiliated with such a hospital or the governing body of
a private proprietary hospital may, as a condition of securing
employment or of continuing employment, require that all of its
employees be fingerprinted.
S 61.13. Earl W. Brydges Artpark. Notwithstanding any inconsistent
provision of law to the contrary, the performing arts theatre in the
Niagara Frontier region known as the Lewiston State Park Arts Center
shall continue to be known and suitably marked, in a manner prescribed
by the commissioner of parks, recreation and historic preservation, as
the Earl W. Brydges Artpark.
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