STATE OF NEW YORK ________________________________________________________________________ 8861 IN ASSEMBLY January 18, 2024 ___________ Introduced by M. of A. FAHY, BARRETT, McDONALD -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development 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, 27 and the museum advisory council under the board of regents to advise and 28 support the New York state museum. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13980-02-4
A. 8861 2 1 § 2. The arts and cultural affairs law is amended by adding a new 2 title Q to read as follows: 3 TITLE Q 4 NEW YORK STATE MUSEUM PARTNERSHIP TRUST 5 ARTICLE 45 6 NEW YORK STATE MUSEUM PARTNERSHIP TRUST 7 Section 45.01. Short title. 8 45.03. Definitions. 9 45.05. New York state museum partnership trust. 10 45.07. Purpose and powers of trust. 11 45.09. Temporary assignment and transfer of employees. 12 45.11. Authorized expenditures. 13 45.13. New York state museum partnership trust fund. 14 45.15. Creation of trust for a public purpose. 15 45.17. Members and employees not to profit. 16 § 45.01. Short title. This title shall be known and may be cited as 17 the "New York state museum partnership trust act". 18 § 45.03. Definitions. For the purposes of this article, the following 19 terms shall have the following meanings: 20 1. "Trust" or "corporation" shall mean the New York state museum part- 21 nership trust established by section 45.05 of this article. 22 2. "Board" shall mean the members of the corporation appointed pursu- 23 ant to section 45.05 of this article. 24 3. "Trust fund" or "fund" shall mean the New York state museum part- 25 nership trust fund established in section 45.13 of this article. 26 § 45.05. New York state museum partnership trust. 1. A trust to be 27 known as the New York state museum partnership trust is hereby estab- 28 lished. Such trust shall be governed by a board which shall be a body 29 corporate and politic constituting a public benefit corporation and its 30 existence shall commence upon the appointment of the members as herein 31 provided. Such board shall consist of twenty total members to be 32 appointed as follows: five members appointed by the governor; five 33 appointed by the board of regents; four appointed by the majority leader 34 of the senate, two of whom shall be private citizens; four appointed by 35 the speaker of the assembly, two of whom shall be private citizens; and 36 one appointed each by minority leaders of the senate and assembly. 37 Members shall be appointed for their interest in the art, history, 38 culture and natural history of New York; their knowledge and experience 39 regarding resources for cultural and educational programs; and their 40 support for the purposes of the museum partnership trust. Members shall 41 be appointed no later than ninety days following an appropriation made 42 by the legislature for the purposes of this article. 43 2. At the first meeting of the board and the first meeting thereof in 44 each two fiscal years thereafter, the members of the board shall choose 45 from their members, a chairperson and vice-chairperson. Initial appoint- 46 ments shall be for staggered terms; appointments by the governor shall 47 be for three-year terms; appointments by the legislative leaders shall 48 be for two-year terms; appointments by the board of regents shall be for 49 one-year terms. All subsequent terms shall be for three years. Members 50 may be reappointed and may serve two consecutive full terms, in addition 51 to the term of the initial appointments, but not more than eight consec- 52 utive years. Each member shall continue in office until such member's 53 successor has been appointed and qualifies. Such continuation in office
A. 8861 3 1 shall not be counted in determining whether a member has served eight 2 consecutive years. In the event of a vacancy occurring in the office of 3 any member, other than by the expiration of a member's term, such vacan- 4 cy shall be filled for the balance of the unexpired term, if applicable, 5 in the same manner as the original appointment. Members from government 6 shall be replaced if they leave government service; a new appointee 7 shall serve for the unexpired term of the departing member and may be 8 reappointed. 9 3. A majority of the whole number of members then in office shall 10 constitute a quorum for the transaction of any business or the exercise 11 of any power of the board. Except as otherwise specified in this arti- 12 cle, for the transaction of any business or the exercise of any power of 13 the board, the board shall have power to act by a majority of members 14 present at any meeting at which a quorum is in attendance. The board may 15 delegate to one or more of its members, or to its officers, agents and 16 employees, or to its executive committee, such powers and duties as the 17 board may deem proper. The members of the board shall serve without 18 compensation, but shall be entitled to reimbursement of their actual and 19 necessary expenses incurred in the performance of their official duties. 20 4. Notwithstanding any inconsistent provision of this or any other 21 law, general, special or local, no officer or employee of the state, or 22 of any public corporation as defined in the general construction law, 23 shall be deemed to have forfeited or shall forfeit his or her office or 24 employment or any benefits provided under the retirement and social 25 security law or under any public retirement system maintained by the 26 state or any of its subdivisions by reason of his or her acceptance of 27 membership on or chairmanship of the board. 28 5. The trust and its corporate existence shall continue until termi- 29 nated by law, provided, however, that no such law shall take effect so 30 long as the trust shall have bonds, notes and other obligations 31 outstanding, unless adequate provision has been made for the payment 32 thereof in the documents securing the same. Upon termination of the 33 existence of the trust, all its rights and properties shall vest in the 34 state. 35 § 45.07. Purpose and powers of trust. 1. The purpose of the trust 36 shall be to serve as a focal point for the receipt and administration of 37 private gifts, devises and bequests of real and personal property 38 donated to use the arts, history, and material culture to help New York- 39 ers and visitors understand the world in which we live, and to oversee 40 and support the state museum in conjunction with the board of regents, 41 the office of cultural education at the department of education, the 42 commissioner of education, and the museum advisory council under the 43 board of regents. 44 2. To carry out such purposes under subdivision one of this section, 45 the trust shall: 46 (a) Oversee, and participate actively in, a campaign to secure private 47 and public funds to create an initial endowment; 48 (b) Review and approve a budget request and work plan annually for the 49 operation of the board and for the use of trust funds to support the 50 purposes of the trust fund; and 51 (c) Report to the governor and the legislature at least every three 52 years as to the activities of the trust including information pertaining 53 to fund raising, expenditures and projects undertaken and the sufficien- 54 cy of the principal to generate interest adequate to achieve the 55 purposes of the trust. 56 3. The trust shall have the power:
A. 8861 4 1 (a) To make and adopt official bylaws for the management and regu- 2 lation of its affairs provided that such bylaws shall only be made, 3 adopted or amended by a majority of the whole number of the members of 4 the board then in office; 5 (b) To contract for and to accept assistance, including but not limit- 6 ed to unconditional gifts, devises and bequests, and, with the approval 7 of the governor, conditional gifts, devises and bequests, of real or 8 personal property for art, material culture, historic preservation, 9 natural history studies, environmental education and to administer and 10 expend funds made available to the corporation for any of its purposes; 11 (c) To make and execute contracts and all other instruments necessary 12 or convenient for the exercise of its powers and functions under this 13 article; 14 (d) To appoint officers, agents and employees, and prescribe their 15 duties and qualifications and fix their compensation; 16 (e) To contract for professional and technical assistance and advice; 17 (f) To provide in its official bylaws for the holding of an annual 18 meeting, at which annual meeting a majority of the whole number of the 19 members of the board then in office may transact any business or exer- 20 cise any power of the board; 21 (g) To invest and reinvest moneys as provided in this article and to 22 enter into agreements with the state comptroller concerning the transfer 23 of moneys among the various accounts; 24 (h) To create committees, including an executive committee composed of 25 not fewer than five members of the board including one of the members 26 appointed by the governor, one of the members appointed by the majority 27 leader of the senate, one of the members appointed by the speaker of the 28 assembly and one of the members appointed by the board of regents, and 29 special committees, to carry out its business effectively and may also 30 create task forces, regional campaign committees, and other bodies made 31 up of individuals beyond its own members to assist in the work of the 32 board; 33 (i) To exercise and perform such other powers and duties as shall have 34 been or may be from time to time conferred by law; 35 (j) To participate and cooperate with other public and private agen- 36 cies having mutual interests and purposes in appropriate programs and 37 projects intended to preserve and improve the history, arts and cultural 38 resources of the New York state museum in furtherance of the education, 39 welfare and enjoyment of its people; 40 (k) To sue and be sued; and 41 (l) To do all things necessary or convenient to carry out the purposes 42 of this article. 43 § 45.09. Temporary assignment and transfer of employees. Whenever in 44 the opinion of the board it would be in the public interest, it may, 45 after prior approval of the director of the budget, request the tempo- 46 rary assignment and transfer of certain employees of any other board, 47 commission, agency or department of the state or its political subdivi- 48 sions, and such other board, commission, agency or department, if in its 49 opinion such transfer will not interfere with the performance of its 50 duties and functions may make such assignment and transfer of such 51 employees to the trust. Such assignment and transfer or extension there- 52 of shall not in any way affect the civil service status, continuity of 53 service, retirement plan status, right to compensation, grade or compen- 54 sation or other rights or privileges of any employee so transferred. 55 § 45.11. Authorized expenditures. The trust may make expenditures from 56 the trust fund, subject to availability of fund monies, provided such
A. 8861 5 1 expenditures are within a budget approved by the board and are not 2 otherwise restricted by law, for the following purposes: 3 1. Support for a development campaign to obtain donations from non- 4 state government sources including private citizens, foundations, organ- 5 izations and the federal government and for expenses for the meetings 6 and operation of the board and the trust; 7 2. Internships to students in New York state who are preparing for 8 careers in museums and fellowships to expert practitioners in museum 9 preservation and curation and educational programs under the direction 10 of the professional staff of the New York state museum; 11 3. Hiring an executive director to administer the funds of the trust, 12 which may include the hiring of expert staff in preservation, curation, 13 and public and educational programs; and 14 4. Purchase of supplies and services and purchase or lease of equip- 15 ment needed for activities authorized by this article. 16 § 45.13. New York state museum partnership trust fund. 1. There is 17 hereby established in the custody of the trust a special fund to be 18 known as the "New York state museum partnership trust fund". The trust 19 shall establish the following three separate and distinct accounts with- 20 in the New York state museum partnership trust fund: the endowment 21 account, and the special project account, which shall each be in the 22 custody of the trust, and the operation and maintenance account, which 23 shall be in the joint custody of the state comptroller and the commis- 24 sioner of taxation and finance. 25 2. Moneys in the trust fund shall consist of appropriations therefor 26 and donations which may include any form of equity, fixed income securi- 27 ties, insurance or any other asset convertible into cash, and earnings 28 thereon. Pursuant to agreements made at least annually between the 29 trust board and the state comptroller, the trust shall transfer suffi- 30 cient funds from the endowment account to the operation and maintenance 31 account for the timely payment of estimated costs and operating expenses 32 pursuant to budgets adopted by the trust. 33 3. Earnings from the endowment account may be used by the trust board 34 for its operation and for the other purposes authorized in this article. 35 Moneys in the endowment account, and earnings thereon, may be invested 36 and reinvested by the trust board consistent with the prudent investor 37 standard of section 11-2.3 of the estates, powers and trusts law and 38 pursuant to the provisions of section twenty-nine hundred twenty-five of 39 the public authorities law. The trust board shall give due consideration 40 to balancing the long-term growth of the endowment, long-term trends of 41 the economy and the needs of trust operations and the state archives 42 with the goal that the endowment shall provide a permanent, growing and 43 viable source of funds to fulfill the trust purposes. The trust board 44 shall obtain an annual independent audit and audited financial statement 45 of the books and accounts of the trust, by a certified accounting firm. 46 4. Moneys in the special project account shall be used for carrying 47 out the special projects designated in the donation thereof. 48 5. The trust is intended to supplement, not replace or reduce, regular 49 state appropriations to the state museum. The state may match the first 50 five million dollars donated to the endowment account in any fiscal year 51 following the receipt of moneys. 52 § 45.15. Creation of trust for a public purpose. It is hereby found, 53 determined and declared that the creation of the trust and the carrying 54 out of its corporate purposes is in all respects for the benefit of the 55 people of the state of New York, for the preservation and improvement of 56 the history, arts and cultural resources through the state museum, and
A. 8861 6 1 is a public purpose, in that the trust will be performing an essential 2 governmental function in the exercise of the powers conferred upon it by 3 this article and the trust shall not be required to pay taxes or assess- 4 ments upon any of the property acquired by it or under its jurisdiction 5 and control, or upon its activities in the operation and maintenance of 6 such properties or use of any moneys, revenues or other income received 7 by the corporation. All contributions of real or personal property made 8 to the trust whether by gift, devise or bequest shall qualify as 9 deductions in computing the net taxable income of the donor for the 10 purposes of any income tax imposed by the state or any political subdi- 11 vision thereof. 12 § 45.17. Members and employees not to profit. No officer, member or 13 employee of the trust shall receive or may be lawfully entitled to 14 receive any pecuniary profit from the operation thereof except reason- 15 able compensation for services in effecting one or more of its purposes 16 set forth under this article. 17 § 3. The sum of two hundred fifty thousand dollars ($250,000), is 18 hereby appropriated to the New York state museum partnership trust 19 established pursuant to section one of this act out of any moneys in the 20 state treasury general fund to the credit of the board of such trust, 21 not otherwise appropriated, and made immediately available, for the 22 purpose of hiring an executive director of the New York state museum 23 partnership trust. Such moneys shall be payable on the audit and warrant 24 of the comptroller on vouchers certified or approved by the New York 25 state museum partnership trust in the manner prescribed by law. 26 § 4. This act shall take effect immediately.