Bill Text: NY S08491 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the New York state museum partnership trust 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 historic preservation, advance cultural education, and enhance the state museum.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-06-07 - referred to tourism, parks, arts and sports development [S08491 Detail]
Download: New_York-2023-S08491-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8491--A IN SENATE February 6, 2024 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the arts and cultural affairs law, in relation to estab- lishing the New York state museum partnership trust The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds that 2 the New York state museum is a vital interest of the state, enabling us 3 to pass New York's past and present on to our children and our chil- 4 dren's children. The museum welcomes visitors to explore its rotating 5 and permanent exhibitions. The museum also offers educational program- 6 ming, including after-school programs that have benefited more than 7 4,000 students in the city of Albany. The museum is essential for educa- 8 tion, public programs, and generating tourism and economic activity. 9 Unfortunately, present conditions inhibit its ability to thrive and 10 serve New Yorkers to its fullest potential. Therefore, it is the purpose 11 of this act to support the museum's operations and align its oversight 12 structure with that of the other departments under the office of 13 cultural education at the state education department. Both the New York 14 state library and the New York state archives benefit from the support 15 of an affiliated trust that obtains non-state funding to supplement the 16 operations and programming of the library and archives, respectively. It 17 is time to bring the New York state museum in line with the other divi- 18 sions of the office of cultural education at the state education depart- 19 ment. To accomplish this, a New York state museum partnership trust is 20 created in order to: create an endowment to help collect and preserve 21 art, historical items, objects of material culture, natural history 22 specimens, and other objects that tell the story of the people who call 23 New York home; make possible special projects and inform the citizens of 24 New York about the exhibits and programs of the state museum; and work 25 in conjunction with the board of regents, the office of cultural educa- 26 tion at the state education department, the commissioner of education, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13980-05-4S. 8491--A 2 1 and the museum advisory council under the board of regents to advise and 2 support the New York state museum. 3 § 2. The arts and cultural affairs law is amended by adding a new 4 title Q to read as follows: 5 TITLE Q 6 NEW YORK STATE MUSEUM PARTNERSHIP TRUST 7 ARTICLE 45 8 NEW YORK STATE MUSEUM PARTNERSHIP TRUST 9 Section 45.01. Short title. 10 45.03. Definitions. 11 45.05. New York state museum partnership trust. 12 45.07. Purpose and powers of trust. 13 45.09. Temporary assignment and transfer of employees. 14 45.11. Authorized expenditures. 15 45.13. New York state museum partnership trust fund. 16 45.15. Creation of trust for a public purpose. 17 45.17. Members and employees not to profit. 18 § 45.01. Short title. This title shall be known and may be cited as 19 the "New York state museum partnership trust act". 20 § 45.03. Definitions. For the purposes of this article, the following 21 terms shall have the following meanings: 22 1. "Trust" or "corporation" shall mean the New York state museum part- 23 nership trust established by section 45.05 of this article. 24 2. "Board" shall mean the members of the corporation appointed pursu- 25 ant to section 45.05 of this article. 26 3. "Trust fund" or "fund" shall mean the New York state museum part- 27 nership trust fund established in section 45.13 of this article. 28 § 45.05. New York state museum partnership trust. 1. A trust to be 29 known as the New York state museum partnership trust is hereby estab- 30 lished. Such trust shall be governed by a board which shall be a body 31 corporate and politic constituting a public benefit corporation and its 32 existence shall commence upon the appointment of the members as herein 33 provided. Such board shall consist of twenty total members to be 34 appointed as follows: five members appointed by the governor; five 35 appointed by the board of regents; four appointed by the majority leader 36 of the senate, two of whom shall be private citizens; four appointed by 37 the speaker of the assembly, two of whom shall be private citizens; and 38 one appointed each by minority leaders of the senate and assembly. 39 Members shall be appointed for their interest in the art, history, 40 culture and natural history of New York; their knowledge and experience 41 regarding resources for cultural and educational programs; and their 42 support for the purposes of the museum partnership trust. Members shall 43 be appointed no later than ninety days following an appropriation made 44 by the legislature for the purposes of this article. 45 2. At the first meeting of the board and the first meeting thereof in 46 each two fiscal years thereafter, the members of the board shall choose 47 from their members, a chairperson and vice-chairperson. Initial appoint- 48 ments shall be for staggered terms; appointments by the governor shall 49 be for three-year terms; appointments by the legislative leaders shall 50 be for two-year terms; appointments by the board of regents shall be for 51 one-year terms. All subsequent terms shall be for three years. Members 52 may be reappointed and may serve two consecutive full terms, in addition 53 to the term of the initial appointments, but not more than eight consec-S. 8491--A 3 1 utive years. Each member shall continue in office until such member's 2 successor has been appointed and qualifies. Such continuation in office 3 shall not be counted in determining whether a member has served eight 4 consecutive years. In the event of a vacancy occurring in the office of 5 any member, other than by the expiration of a member's term, such vacan- 6 cy shall be filled for the balance of the unexpired term, if applicable, 7 in the same manner as the original appointment. Members from government 8 shall be replaced if they leave government service; a new appointee 9 shall serve for the unexpired term of the departing member and may be 10 reappointed. 11 3. A majority of the whole number of members then in office shall 12 constitute a quorum for the transaction of any business or the exercise 13 of any power of the board. Except as otherwise specified in this arti- 14 cle, for the transaction of any business or the exercise of any power of 15 the board, the board shall have power to act by a majority of members 16 present at any meeting at which a quorum is in attendance. The board may 17 delegate to one or more of its members, or to its officers, agents and 18 employees, or to its executive committee, such powers and duties as the 19 board may deem proper. The members of the board shall serve without 20 compensation, but shall be entitled to reimbursement of their actual and 21 necessary expenses incurred in the performance of their official duties. 22 4. Notwithstanding any inconsistent provision of this or any other 23 law, general, special or local, no officer or employee of the state, or 24 of any public corporation as defined in the general construction law, 25 shall be deemed to have forfeited or shall forfeit their office or 26 employment or any benefits provided under the retirement and social 27 security law or under any public retirement system maintained by the 28 state or any of its subdivisions by reason of their acceptance of 29 membership on or chairmanship of the board. 30 5. The trust and its corporate existence shall continue until termi- 31 nated by law, provided, however, that no such law shall take effect so 32 long as the trust shall have bonds, notes and other obligations 33 outstanding, unless adequate provision has been made for the payment 34 thereof in the documents securing the same. Upon termination of the 35 existence of the trust, all its rights and properties shall vest in the 36 state. 37 § 45.07. Purpose and powers of trust. 1. The purpose of the trust 38 shall be to serve as a focal point for the receipt and administration of 39 private gifts, devises and bequests of real and personal property 40 donated to use the arts, history, and material culture to help New York- 41 ers and visitors understand the world in which we live, and to oversee 42 and support the state museum in conjunction with the board of regents, 43 the office of cultural education at the department of education, the 44 commissioner of education, and the museum advisory council under the 45 board of regents. 46 2. To carry out such purposes under subdivision one of this section, 47 the trust shall: 48 (a) Oversee, and participate actively in, a campaign to secure private 49 and public funds to create an initial endowment; 50 (b) Review and approve a budget request and work plan annually for the 51 operation of the board and for the use of trust funds to support the 52 purposes of the trust fund; and 53 (c) Report to the governor and the legislature at least every three 54 years as to the activities of the trust including information pertaining 55 to fund raising, expenditures and projects undertaken and the sufficien-S. 8491--A 4 1 cy of the principal to generate interest adequate to achieve the 2 purposes of the trust. 3 3. The trust shall have the power: 4 (a) To make and adopt official bylaws for the management and regu- 5 lation of its affairs provided that such bylaws shall only be made, 6 adopted or amended by a majority of the whole number of the members of 7 the board then in office; 8 (b) To contract for and to accept assistance, including but not limit- 9 ed to unconditional gifts, devises and bequests, and, with the approval 10 of the governor, conditional gifts, devises and bequests, of real or 11 personal property for art, material culture, historic preservation, 12 natural history studies, environmental education and to administer and 13 expend funds made available to the corporation for any of its purposes; 14 (c) To make and execute contracts and all other instruments necessary 15 or convenient for the exercise of its powers and functions under this 16 article; 17 (d) To appoint officers, agents and employees, and prescribe their 18 duties and qualifications and fix their compensation; 19 (e) To contract for professional and technical assistance and advice; 20 (f) To provide in its official bylaws for the holding of an annual 21 meeting, at which annual meeting a majority of the whole number of the 22 members of the board then in office may transact any business or exer- 23 cise any power of the board; 24 (g) To invest and reinvest moneys as provided in this article and to 25 enter into agreements with the state comptroller concerning the transfer 26 of moneys among the various accounts; 27 (h) To create committees, including an executive committee composed of 28 not fewer than five members of the board including one of the members 29 appointed by the governor, one of the members appointed by the majority 30 leader of the senate, one of the members appointed by the speaker of the 31 assembly and one of the members appointed by the board of regents, and 32 special committees, to carry out its business effectively and may also 33 create task forces, regional campaign committees, and other bodies made 34 up of individuals beyond its own members to assist in the work of the 35 board; 36 (i) To exercise and perform such other powers and duties as shall have 37 been or may be from time to time conferred by law; 38 (j) To participate and cooperate with other public and private agen- 39 cies having mutual interests and purposes in appropriate programs and 40 projects intended to preserve and improve the history, arts and cultural 41 resources of the New York state museum in furtherance of the education, 42 welfare and enjoyment of its people; 43 (k) To sue and be sued; and 44 (l) To do all things necessary or convenient to carry out the purposes 45 of this article. 46 § 45.09. Temporary assignment and transfer of employees. Whenever in 47 the opinion of the board it would be in the public interest, it may, 48 after prior approval of the director of the budget, request the tempo- 49 rary assignment and transfer of certain employees of any other board, 50 commission, agency or department of the state or its political subdivi- 51 sions, and such other board, commission, agency or department, if in its 52 opinion such transfer will not interfere with the performance of its 53 duties and functions may make such assignment and transfer of such 54 employees to the trust. Such assignment and transfer or extension there- 55 of shall not in any way affect the civil service status, continuity ofS. 8491--A 5 1 service, retirement plan status, right to compensation, grade or compen- 2 sation or other rights or privileges of any employee so transferred. 3 § 45.11. Authorized expenditures. The trust may make expenditures from 4 the trust fund, subject to availability of fund monies, provided such 5 expenditures are within a budget approved by the board and are not 6 otherwise restricted by law, for the following purposes: 7 1. Support for a development campaign to obtain donations from non- 8 state government sources including private citizens, foundations, organ- 9 izations and the federal government and for expenses for the meetings 10 and operation of the board and the trust; 11 2. Internships to students in New York state who are preparing for 12 careers in museums and fellowships to expert practitioners in museum 13 preservation and curation and educational programs under the direction 14 of the professional staff of the New York state museum; 15 3. Hiring an executive director to administer the funds of the trust, 16 which may include the hiring of expert staff in preservation, curation, 17 and public and educational programs; and 18 4. Purchase of supplies and services and purchase or lease of equip- 19 ment needed for activities authorized by this article. 20 § 45.13. New York state museum partnership trust fund. 1. There is 21 hereby established in the custody of the trust a special fund to be 22 known as the "New York state museum partnership trust fund". The trust 23 shall establish the following three separate and distinct accounts with- 24 in the New York state museum partnership trust fund: the endowment 25 account, and the special project account, which shall each be in the 26 custody of the trust, and the operation and maintenance account, which 27 shall be in the joint custody of the state comptroller and the commis- 28 sioner of taxation and finance. 29 2. Moneys in the trust fund shall consist of appropriations therefor 30 and donations which may include any form of equity, fixed income securi- 31 ties, insurance or any other asset convertible into cash, and earnings 32 thereon. Pursuant to agreements made at least annually between the 33 trust board and the state comptroller, the trust shall transfer suffi- 34 cient funds from the endowment account to the operation and maintenance 35 account for the timely payment of estimated costs and operating expenses 36 pursuant to budgets adopted by the trust. 37 3. Earnings from the endowment account may be used by the trust board 38 for its operation and for the other purposes authorized in this article. 39 Moneys in the endowment account, and earnings thereon, may be invested 40 and reinvested by the trust board consistent with the prudent investor 41 standard of section 11-2.3 of the estates, powers and trusts law and 42 pursuant to the provisions of section twenty-nine hundred twenty-five of 43 the public authorities law. The trust board shall give due consideration 44 to balancing the long-term growth of the endowment, long-term trends of 45 the economy and the needs of trust operations and the state archives 46 with the goal that the endowment shall provide a permanent, growing and 47 viable source of funds to fulfill the trust purposes. The trust board 48 shall obtain an annual independent audit and audited financial statement 49 of the books and accounts of the trust, by a certified accounting firm. 50 4. Moneys in the special project account shall be used for carrying 51 out the special projects designated in the donation thereof. 52 5. The trust is intended to supplement, not replace or reduce, regular 53 state appropriations to the state museum. The state may match the first 54 five million dollars donated to the endowment account in any fiscal year 55 following the receipt of moneys.S. 8491--A 6 1 § 45.15. Creation of trust for a public purpose. It is hereby found, 2 determined and declared that the creation of the trust and the carrying 3 out of its corporate purposes is in all respects for the benefit of the 4 people of the state of New York, for the preservation and improvement of 5 the history, arts and cultural resources through the state museum, and 6 is a public purpose, in that the trust will be performing an essential 7 governmental function in the exercise of the powers conferred upon it by 8 this article and the trust shall not be required to pay taxes or assess- 9 ments upon any of the property acquired by it or under its jurisdiction 10 and control, or upon its activities in the operation and maintenance of 11 such properties or use of any moneys, revenues or other income received 12 by the corporation. All contributions of real or personal property made 13 to the trust whether by gift, devise or bequest shall qualify as 14 deductions in computing the net taxable income of the donor for the 15 purposes of any income tax imposed by the state or any political subdi- 16 vision thereof. 17 § 45.17. Members and employees not to profit. No officer, member or 18 employee of the trust shall receive or may be lawfully entitled to 19 receive any pecuniary profit from the operation thereof except reason- 20 able compensation for services in effecting one or more of its purposes 21 set forth under this article. 22 § 3. This act shall take effect immediately.
