S T A T E O F N E W Y O R K
________________________________________________________________________
4998
2011-2012 Regular Sessions
I N A S S E M B L Y
February 10, 2011
___________
Introduced by M. of A. SCHROEDER, McDONOUGH -- Multi-Sponsored by -- M.
of A. ABBATE, BARCLAY, BRENNAN, GOTTFRIED, MOLINARO, SALADINO,
SAYWARD, WEISENBERG -- read once and referred to the Committee on
Transportation
AN ACT to amend the arts and cultural affairs law, in relation to
including the New York state capitol's hall of governors as part of
the visual and performing arts on the Empire State Plaza
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 4.01 of the arts and cultural affairs law, as added
2 by chapter 996 of the laws of 1983, is amended to read as follows:
3 S 4.01. Legislative findings and declaration of policy. The legisla-
4 ture hereby finds and declares that the Governor Nelson A. Rockefeller
5 empire state plaza [is a] AND THE NEW YORK STATE CAPITOL'S HALL OF
6 GOVERNORS ARE unique architectural [entity] ENTITIES and [is] ARE inten-
7 sively used by the public for recreation, for conventions of business
8 and governmental groups and for participation in exhibits and exhibi-
9 tions of the visual and performing arts.
10 It is hereby declared a policy of the state that there be created in
11 the executive department the empire state plaza art commission, with a
12 legislative mandate regarding the works of art of great value to the
13 people of the state of New York which are located in the empire state
14 plaza AND THE CAPITOL'S HALL OF GOVERNORS.
15 S 2. Section 4.03 of the arts and cultural affairs law, as added by
16 chapter 996 of the laws of 1983, is amended to read as follows:
17 S 4.03. Definitions. Except as otherwise provided herein and unless
18 the context shall otherwise require, the following terms as used in this
19 article shall have the following meanings:
20 1. "Commission" shall mean the empire state plaza art commission
21 created by this article.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06850-01-1
A. 4998 2
1 2. "Empire state plaza" shall mean the Governor Nelson A. Rockefeller
2 empire state plaza, excluding the cultural education center, the legis-
3 lative office building and any other offices and facilities of the
4 legislature in said plaza.
5 3. "State agency" shall mean any state board, body, bureau, commis-
6 sion, council, department, public authority, public corporation, divi-
7 sion, office, or other governmental entity performing a governmental or
8 proprietary function for the state, but shall not include the legisla-
9 ture.
10 4. "HALL OF GOVERNORS" SHALL MEAN THE MAIN HALLWAY LEADING TO THE
11 EXECUTIVE CHAMBERS.
12 S 3. Section 4.07 of the arts and cultural affairs law, as amended by
13 section 2 of part A of chapter 56 of the laws of 2008, is amended to
14 read as follows:
15 S 4.07. Powers and duties of commission. The commission shall have the
16 following responsibilities, powers and duties:
17 1. To make recommendations to state agencies regarding the custody,
18 display, conservation, preservation and maintenance of works of art in
19 the empire state plaza AND HALL OF GOVERNORS under the jurisdiction of
20 such agencies;
21 2. To appraise and catalogue works of art in the empire state plaza
22 AND HALL OF GOVERNORS;
23 3. To advise and assist state agencies in the preparation and distrib-
24 ution of publications by such agencies;
25 4. To make recommendations to the governor, the legislature and the
26 commissioner of general services regarding the purchase of works of art
27 for display at the empire state plaza AND HALL OF GOVERNORS;
28 5. To solicit and acquire by gift, grant or loan such works of art for
29 display at the empire state plaza AND HALL OF GOVERNORS as it deems to
30 be in the best interests of the people of the state;
31 6. To enter into such contracts as may be necessary or appropriate for
32 the performance of the functions vested in it by this article;
33 7. To render such assistance as the legislature or either house there-
34 of may request with respect to the legislative office building and other
35 offices and facilities of the legislature in the empire state plaza;
36 8. To render such assistance as the commissioner of education may
37 request with respect to the cultural education center;
38 9. To make an annual report to the governor and the legislature on or
39 before December fifteenth which shall contain a complete inventory of
40 the works of art in the empire state plaza AND HALL OF GOVERNORS, a
41 summary of the accomplishments of the commission for the prior year, as
42 well as its projects planned for the current year, and such recommenda-
43 tions pertinent to the duties of the commission as it deems advisable.
44 Such report shall contain a full fiscal accounting of the activities of
45 the commission, both current and projected;
46 10. To solicit and accept gifts, contributions and bequests of funds
47 from individuals, foundations, corporations and other organizations or
48 institutions for purposes of the commission. All funds of the commission
49 from such gifts, contributions and bequests shall be deposited in a
50 state fiduciary fund, expenditures from which shall be limited to the
51 purposes of the commission set forth in this article;
52 11. To establish a program, in consultation with the commissioner of
53 general services, for the promotion of the empire state plaza AND HALL
54 OF GOVERNORS art [collection] COLLECTIONS to the public through such
55 means as determined by the commission to be appropriate, including, but
56 not limited to, educational seminars, remote exhibitions, special events
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1 and the sale of souvenirs or mementos related to the collection. All
2 receipts of the commission from promotional efforts shall be deposited
3 in a state fiduciary fund, expenditures from which shall be limited to
4 the purposes of the commission set forth in this article.
5 S 4. The arts and cultural affairs law is amended by adding a new
6 section 4.13 to read as follows:
7 S 4.13. HALL OF GOVERNORS. THE COMMISSIONER OF GENERAL SERVICES SHALL
8 HAVE THE FOLLOWING RESPONSIBILITIES, POWERS AND DUTIES:
9 1. AUTHORITY TO ACCEPT GIFTS OF PORTRAITS OR FUNDS FOR THE PURCHASE OF
10 PORTRAITS AND OTHER ASSOCIATED CURATORIAL SERVICES FOR THE HALL OF
11 GOVERNORS;
12 2. AUTHORITY TO ENTER INTO CONTRACTS OR LOAN AGREEMENTS RELATED TO
13 GIFTS OF FUNDS OR PORTRAITS AND OTHER ASSOCIATED CURATORIAL SERVICES;
14 3. DEVELOP AND ADMINISTER A WRITTEN REVIEW PROCESS IN CONJUNCTION WITH
15 THE COMMISSION ON THE RESTORATION OF THE CAPITOL, WHICH PROVIDES FOR THE
16 CONSULTATION WITH ART EXPERTS REGARDING THE STYLE, AUTHENTICITY AND
17 CONDITION OF PORTRAITS OFFERED TO THE STATE; AND
18 4. ENSURE THAT THE SOLICITATION AND ACCEPTANCE OF ALL GIFTS ARE IN
19 CONFORMITY WITH ALL LAWS CONCERNING CONFLICTS OF INTEREST OR THE APPEAR-
20 ANCE THEREOF, AND SUBJECT TO THE OPINION OF THE COMMISSION ON PUBLIC
21 INTEGRITY.
22 S 5. This act shall take effect on the thirtieth day after it shall
23 have become a law.