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Legislative UpdatesAdvocacy Tips | NYS
Government Contacts | Nonprofit Lobbying FAQs Albany Update
> NYS Legislative Session ends June 22nd. > Uniform Prudent Management of Institutional Funds Act (UPMIFA): S4778/A7907 What does UPMIFA do? • Prudent Management and Investment. UPMIFA provides guidance and authority to charitable organizations concerning the management and investment of funds, and imposes additional duties on those who manage and invest charitable funds. These duties provide additional protections for charities and also protect the interests of donors who want to see their contributions managed wisely. • In addition to identifying factors that a charitable organization must consider in making management and investment decisions, UPMIFA requires a charitable organization and those who manage and invest its funds to: 1. Give primary consideration to donor intent as expressed in a gift instrument; 2. Act in good faith, with the care an ordinarily prudent person would exercise; 3. Incur only reasonable costs in investing and managing charitable funds; 4. Make a reasonable effort to verify relevant facts; 5. Make decisions about each asset in the context of the portfolio of investments, as part of an overall investment strategy; 6. Diversify investments unless, due to special circumstances, the purposes of the fund are better served without diversification; 7. Dispose of unsuitable assets; and 8. In general, develop an investment strategy appropriate for the fund and the charity. • Endowment Spending. UPMIFA modernizes the rules governing expenditures from endowment funds, both to provide improved guidelines on spending from endowment funds and to give institutions the ability to cope more easily with fluctuations in the value of the endowment. • UPMIFA improves the endowment spending rule by eliminating the concept of historic dollar value and providing better guidance regarding the operation of the prudence standard. Under Old UMIFA a charity can spend amounts above historic dollar value that the charity determines to be prudent. If the fund falls below historic dollar value, certain amounts cannot be spent. This endowment spending rule creates numerous problems. Repealing that rule would benefit charities, their donors, and the public. • Donor Intent with Respect to Endowments. UPMIFA improves the protection of donor intent with respect to expenditures from endowments. • When a donor expresses intent clearly in a gift instrument, UPMIFA requires that the charity follow the donor’s instructions. When a donor’s intent is not so expressed, UPMIFA directs the charity to spend an amount that is prudent, consistent with the purposes of the fund, relevant economic factors, and the donor’s intent that the fund continue in perpetuity. This approach allows the charity to give effect to donor intent, protect its endowment, promote generational equity, and use the endowment to support the purposes for which the endowment was created. • Modification or Release of Restrictions. UPMIFA also updates the provisions governing the release and modification of restrictions on charitable funds to permit more efficient management of these funds. • UPMIFA’s modification rules preserve the historic position of the attorneys general in most states as the overseers of charities. Under UPMIFA, as under trust law, the court will determine whether and how to apply cy pres or deviation and the attorney general will receive notice and have the opportunity to participate in the proceeding. The one addition to existing law is that UPMIFA gives a charity the authority to modify a restriction on a fund that is both old and small. For these funds, the expense of a trip to court will often be prohibitive. By permitting a charity to make an appropriate modification, money is saved for the charitable purposes of the charity. Even with respect to small, old funds, however, the charity must notify the attorney general of the charity’s intended action. • Consistency. The Uniform Prudent Investor Act (“UPIA”), already enacted in New York, updated rules on investment decision making for trusts, including charitable trusts, and imposed additional duties on trustees for the protection of beneficiaries. UPMIFA applies these rules and duties to charities organized as nonprofit corporations and to trusts managed by charities. UPMIFA does not apply to trusts managed by corporate and other fiduciaries that are not charities, because UPIA provides management and investment standards for those trusts. • Retroactivity. Like Old UMIFA, UPIA, the Uniform Principal and Income Act of 1961, and the Uniform Principal and Income Act of 1997, UPMIFA applies retroactively to institutional funds created before and prospectively to institutional funds created after its enactment > Deaccessioning Legislation (S-4584/A-6959) Albany Times Union Letters to the Editor, first published Thursday, June 18, 2009 Recently there have been attempts in New York and elsewhere to monetize museum collections and to use that money for purposes other than the protection and expansion of collections. The Troy Public Library is an example ("Troy Public Library sculptures on auction block," June 9.) The economic downturn has increased the financial pressure on these cultural institutions. However, selling pieces of their collections is inconsistent with accepted practice. Without a law, the financial pressure and the bean counters will endanger collections that took centuries to acquire, many of which were donated by people who may not have intended to have their gifts sold. Unless these rules are codified, the integrity and existence of collections handed to us by earlier generations will be endangered. Libraries and museums aren't private businesses. They are the custodians of our common cultural and historical heritage and have always been publicly supported, be it by tax preferences or direct cash. Collections aren't assets, to be tapped when things get genuinely difficult. If you sell sculptures to keep the doors open, soon you'll have open doors and no sculptures. We have worked with the Board of Regents and the Museum Association of New York to craft legislation (A.6959) that incorporates the long-standing policies of most museums that are necessary to protect our cultural heritage in a time of economic stress. We urge you to join us in support. Assemblyman Richard Brodsky 92nd Assembly District Elmsford
MANY Testimony May 6, 2009 S-4584/A-6959: Regulating the accessioning and deaccessioning in museums. The Museum Association of New York is a member-based service and advocacy organization that was founded in 1962. A significant part of our mission is to advance professional standards and best practices among all museums in the state, which number approximately one thousand nine hundred (1,900) art, science, history and children’s museums, historical societies, historic sites and zoos, botanical gardens and aquariums. The Association has worked for many years with the Board of Regents, the Office of Cultural Education at the State Education Department, and the legislature in addressing standards of practice for the state’s museums. Among these efforts, most notably, were the updated Regents Rules of 2006 and passage of abandoned property legislation, which was signed into law last summer. When we were approached by Assembly Member Brodsky’s staff to participate in the drafting of the bill before you, we deemed it a critical opportunity to promote an understanding of the diversity of our field and its approach to deaccessioning of collections. MANY joins with our colleagues across the country in supporting the well-established standard of practice that the sale of museum collections, which are held in the public trust, are not expedient sources of funds for institutions to use to pay ongoing operations or long-term debt. This policy has been codified by all the national museum associations, including the American Association of Museums, the American Association for State and Local History and the Association of Art Museum Directors. It is the very core of the field’s national standards. Much of the language in this bill is familiar to the vast majority of museums in the state because it reflects current Regents Rules prohibiting the use of proceeds from deaccessioning to pay debt, as well as any activity that collateralizes or capitalizes collections. Because these institutions are incorporated through the State Education Department, they fall under these Rules. However, a number of venerable museums pre-date the SED chartering process – they hold legislative charters or charters from the Department of State – and, thus are not legally bound to uphold this standard. The hallmarks of this bill, we believe, are that it 1) creates a single legal standard for all the state’s 1,900 museums no matter the source of their charter or incorporation regarding the use of proceeds from deaccession and the monetization of collections, and 2) in doing so, it is rooted in the basic premise that trustees have as their primary responsibility the institution’s collections, which are held in trust for the benefit of the people and are, in essence, the institution’s reason for being. Furthermore, the bill clarifies for all the state’s collecting institutions the most fundamental professional standards regarding collection acquisition, their management, their deaccession and dispersal. While these activities are currently widely acknowledged, they are not necessarily universally followed. The bill does establish some requirements that may seem difficult to meet, and MANY recognizes that some institutions may see a single legal standard as “reduction to the lowest common denominator” and regulation by an agency and office that is under-resourced for the scope and importance of this work. However, MANY believes that transparency of collection-related decision-making is a healthy process for the long term and, therefore, a valuable public policy goal. The current economic climate has strained the financial resources of the state’s museum community and, in some cases, exacerbated long-standing financial weaknesses. We believe that, while this bill successfully decouples the act of deaccessioning, which is an important and useful tool to manage museum collections, from the notion that collections can be treated as consumable commodities, it only addresses the symptom of a much deeper problem. That problem – and it is a big one – is the lack of a financial safety net for museums in crisis in the form of a revolving loan fund, coupled with long-term formula funding from the State Education Department, as recommended by the Regents in 2007, prior to the onset of the state’s severe economic troubles, in support of the contributions museums make to education, to the economy, and to our society’s quality of life. What this bill, and indeed the current Regents’ Rules, do not address but surely foreshadow is the overdue need to come to terms with nurturing the sustainable, long-term health of museums and heritage organizations. This economic crisis has made it abundantly clear that there are few answers for how we as a society protect the cultural assets that give meaning and depth to our individual and collective lives. That is the critical conversation, as yet unaddressed.
> FY2009-10 State Budget The Impact of State Funding on Museums and Heritage Organizations Testimony Delivered to the Joint Meeting of the Senate Committee on Cultural Affairs, Tourism, Parks and Recreation and the Assembly Committee on Tourism, Arts and Sports Development February 3, 2009 The Museum Association of New York (MANY) is a member-based professional organization that fosters healthy museums based on good governance and leadership. MANY brings the collective contributions and issues of the state’s 1900 museums and heritage organizations to the attention of New York State residents and policy makers and it works on behalf of all museums in the state to strengthen organizational capacity and give voice to the field’s needs. The state’s diverse and vibrant museum community is central to the economic vitality of New York State and the education of its youth. They annually employ more than 17,000 people, generate more than $1 billion into the state’s economy each year, and serve more than 60 million visitors, including 6 million school children with standards-based programs. Museums and heritage organizations help create community identity, function as economic engines, and provide educational opportunities for schoolchildren and their families that are not otherwise, in many areas, available. And they are a key reason why tourism is the second largest industry in our state. Unlike schools, libraries and public broadcasting, which together will receive in excess of $1 billion in funding next year, chartered museums and heritage organizations are incorporated and regulated by the State Education Department, but receive no aid from it.
Instead, museums and heritage organizations rely on a loose network of state funding that provides support for bricks and mortar projects, programming initiatives and general operating support. Of the small handful of state agencies that fund museums and heritage organizations, the New York State Council on the Arts (NYSCA) is the largest funder and the only funder of general operating support, apart from the Zoo, Botanical Garden and Aquarium Program in the Environmental Protection Fund. In 2006-07, the NYSCA Museum Program’s entire local assistance budget for the state’s 1900 museums and heritage organizations was only $5.5 million dollars. The Deficit Reduction Plan and the FY2009-10 budget call for a $7 million reduction to NYSCA this current fiscal year and again next year and a $5 million cut to the Zoo, Botanical Garden and Aquarium Program this current fiscal year and zeroed out in 2009-10. The impact of these cuts is already beginning and has the potential to be devastating. Our own polling indicates that anywhere from a third to a half of our member institutions are decreasing the number of their employees, reducing the number of exhibitions and programs, spending less advertising dollars, and shouldering increased operating deficits. The state’s museums and heritage organizations hold millions of items in the public trust for the benefit of the people of New York. Yet stewardship of these materials can be compromised without the people to care for them and make them available to citizens, without safe environments to protect them. The Museum Association of New York is here today to ask you to restore the budgets of the New York State Council on the Arts, the Environmental Protection Fund, the Zoos, Botanical Gardens and Aquariums Program, and tourism marketing to their FY2008 levels. These programs are a continuing source of critical capacity-building, programmatic, and capital support that have no equal in the private sector. Here’s why we believe we deserve your support: · Because the state’s 1900 museums and heritage organizations are educational institutions, they are labor intensive – almost 50% of their total spending goes to the wages and salaries of their employees. · As a result, they routinely pump more than $1 billion into the state’s economy every year primarily in the form of wages, taxes and purchases of goods and services. · In fact, the New York State Bureau of Labor Statistics projects museum employment to grow by 3.1% until 2016. · As part of a vibrant arts industry, museums and heritage organizations along with other nonprofit art organizations created a $26 billion impact on the state’s economy in 2005, according to an Americans for the Arts report published in 2006. · Both the US Conference of Mayors and the National Governors Association agree that cultural assets such as museums are essential to attracting businesses, a skilled workforce, and local, regional and international tourism. Thank you.
Anne W.
Ackerson, Director
Staffing Cutbacks and Hiring Freezes
on Rise Pre-Recession Facts 17,000+ the number of people employed in the New York State’s museums and heritage organizations 3.1% projected employment growth by the New York State Bureau of Labor Statistics for museums until 2016 $1 Billion+ the operating expenditures of New York State museums, the majority of these expenses are returned to the state’s economy in the form of wages, purchases, and sales taxes. The Labor Situation Now In polling conducted by MANY of its membership in January and March 2009: · institutional operating deficits are significantly on the rise (from 36% of reporting institutions in January to 53% of reporting institutions in March) · staff cuts and/or freezes are now in effect at nearly half of reporting institutions Staff reductions are running between 10-20% at institutions across the state. Furloughs and salary cuts are two measures some museums are using to avoid layoffs. The vast majority of museums in New York State are small, historical societies and historic sites. Many of these institutions employ part-time professional staff, such as curators, educators and tour guides. These employees may be the first to be laid off because of their part-time status or they may be forced to leave because they cannot afford to stay in a part-time situation. Wrote one museum director, “I am very afraid that we will lose the talented recent Cooperstown graduate who is our part-time education director. She has mentioned that people who work in low skill jobs such as warehouses earn more than she does.” The Impact · reductions in museum programming that benefit New York State residents · a “brain drain” of talent from the field to other fields where employment may be more stable, pays more and offers benefits
> IMLS Reauthorization To: The Museum Field
From: Date: December 8, 2008 As many of you know, we have been engaged in a longstanding conversation about how best to approach reauthorization of the Institute of Museum and Library Services’ Office of Museum Services, which is due to occur by September, 2009. Some have specifically advocated for a new program to provide grants to states (the primary idea behind the Federal Formula Grant Coalition), to facilitate statewide support for museums, with funds re-granted according to each state’s needs. Others have advocated for strengthening national programs and have expressed concern about how a state grant program would affect existing national programs and how states would handle this responsibility since there is not currently an entity set up in each state to handle such a program. What we all can agree upon is that museums need and deserve far more federal support, both to strengthen existing programs at IMLS and to pursue a new strategy to support museums directly on the state level. Therefore, representatives from across the museum field – from AAM, AASLH, AAMD, ASTC, AZA, along with several state and regional associations and members of the Federal Formula Coalition – were convened to develop a package approach to reauthorization that would accommodate the needs of the entire museum field. The group was guided by two principles: First, that a state grant program should be developed carefully so as to augment, rather than compete with, current programs at IMLS. Second, that we need to be united as a field in order for any IMLS reauthorization to be successful. We are pleased to announce that we have worked together to reach a carefully constructed agreement to pursue the following strategies in IMLS reauthorization, which links some of the newly authorized mechanisms to increases through the annual appropriations process: Increased Funding: Reauthorize IMLS’ Office of Museum Services at $95 million (increase from current authorization of $38.6 million and current appropriations level of approximately $31 million). This proposed increase would happen incrementally over the 5 years, with the goal of reaching a $95 million annual appropriation by the end of the 5-year authorization. Strengthen Existing National Programs: This provides a significant increase for current national programs that have repeatedly been insufficiently funded. The proposed increase would allow for enhanced investments in areas such as technology upgrades, lifelong community learning, capacity building, collection management, community engagement, collecting research about the museum field, and developing the next generation of museum professionals, among others important efforts. State Needs Assessments: Once the annual appropriations level exceeds $45 million, up to $2 million would be appropriated for states to conduct needs assessments. The needs assessments are an important step toward establishing a program to provide grants directly to each state. Conservation, Traveling Exhibits, and Helping Smaller Museums: As the annual appropriations level rises from $45 million to $72 million, IMLS would establish new grants for conservation and traveling exhibitions, as well as a program to help small museums more effectively compete for federal grants. Grants to States: Once the annual appropriations level exceeds $72 million, the IMLS Director would have discretion to provide up to $20 million of any annual appropriation in excess of $72 million toward a states grant program. Such a state grant program would include states that have both completed their needs assessments and have an approved five-year plan on how the funds would be used. Once the appropriations level exceeds $92 million, the IMLS Director would have discretion to provide up to 50% of any additional funds toward the state grant program. Evaluation: After the state grant program has been in existence for two years (not including the state needs assessments), a study would be conducted to evaluate the progress and viability of the state grant program. In addition to our agenda for the reauthorization of IMLS, we will also be developing a broad legislative agenda on issues such as No Child Left Behind, tax-exempt status, historic preservation, health insurance coverage, intellectual property, charitable giving, and much more. This will be unveiled formally at Museums Advocacy Day, scheduled for February 23-24, 2009. As we head into a new year with a new president and Congress, we look forward to working with the entire museum field to move our consensus agenda forward.
MANY’s 2009 Advocacy Agenda PRESERVE, INNOVATE & THRIVE As the only statewide organization dedicated to promoting the health of the state’s diverse, world-class museum community, the Museum Association of New York (MANY) is a key information and networking resource. Founded in 1962, MANY is nationally recognized for programs and services addressing legislative and policy issues, trends, and capacity building. The state’s 1900 museums are repositories of our culture and symbols of our collective, intangible wealth as a society and a civilization. The scale and scope of these institutions also allows New York to be culturally competitive internationally. They annually employ 12,000 people and they generate more than $1 billion into the state’s economy each year. MANY ’s four-point advocacy agenda for 2009 recognizes this positive educational and economic impact and is intent upon building a closer partnership with the State to preserve, innovate and build toward the future. Preserving the Infrastructure: In difficult economic times, the maintenance of existing sources of state funding to museums and heritage organizations of all sizes is critical to achieving and sustaining superior performance. Museums help create community identity, function as economic engines, and provide educational opportunities for schoolchildren and their families that are not otherwise, in many areas, available. MANY supports the retention of current levels of program funding for the New York State Council on the Arts, UDC capital funding for arts and culture, the Environmental Protection Fund, the New York Council for the Humanities, and the New York State Historical Association’s National History Day competition. These programs are a continuing source of critical capacity-building, programmatic, and capital support that have no equal in the private sector. Planning for Innovation: By their nature, museums and heritage organizations are large energy consumers. Specialized environments for the preservation and protection of collections require constant climate control and security systems. Many museums struggle with historic properties that require customized energy solutions or aging equipment that is not energy efficient and is costly to replace. In addition, the state’s museums do not have access for maximizing the opportunity to reduce electricity or natural gas costs through wholesale purchases of energy. MANY seeks opportunities to partner with the New York State Public Service Commission, the New York State Energy Research and Development Authority, and the New York Power Authority to examine the energy needs of the state’s museums and to develop a program to assist museums in managing their power costs through energy efficiency improvements and competitive purchasing. Thriving for the Future: Chartered by the Board of Regents, museums and historical organizations engage in a variety of educational partnerships with schools, libraries, archives and public broadcasting. They are also required to meet rigorous standards in the performance of their missions. Formula funding from the New York State Education Department is critical to ensure that the capacity of chartered museums to meet mission continues to grow and their world-class competitive edge is maintained. MANY supports the Cultural and Museum Education Act, a formula-based funding program from the State Education Department that recognizes the curriculum-based education work museums provide for P-16 students. Administrative Efficiencies: To address the needs of the 21st Century New York State museum, MANY supports the following: · appointment of a Museum Advisory Board to work with the Chartering Office on planning, policy development, implementation of standards, and training · appointment of the Senate standing committee on arts and culture · appointment of a Regent with a strong museum background
New York’s New Museum Property
Law Governor Paterson’s signature has finally given the state’s museum community a process to establish ownership of undocumented collections, long-forgotten loans, and doorstep donations—property that has long been a burden for many institutions. New York is the 36th state to have a statute to this effect. Without the law museums and other collecting institutions were without clear, legal guidelines for making a claim of ownership for many objects that might have been deposited at the museum before procedures such as deed of gift forms and short-term loans were utilized. This new law establishes a fair mechanism by which museums may resolve old loans and the ownership of undocumented property. Further, the law requires museums to offer their collection management policies to donors and it prohibits museums from using deaccessioning proceeds for anything other than acquisition, preservation and care of collections. This article summarizes the main provisions of the law and how you can put it into practice. This information is intended as a summary only. Anyone preparing to implement the provisions of the law should become familiar with the complete document and seek the advice of an attorney if they have any questions. What is the Museum Property Law The new law amends Section 233-a of the state education law, which provided recourse only to the New York State Museum. It goes into effect on September 4, 2008. The full text of the law can be found at http://assembly.state.ny.us. Search for bill number A.11719 or S.8650. Whom it Covers The law covers a wide variety of collecting institutions, including but not limited to museums, historical societies, zoos, aquariums, botanical gardens, and arboreta, having collections as a stated purpose in its charter. The law states that the institution must be a governmental entity or a not-for-profit corporation. What it Covers 1. Acquiring Title to Property The law covers tangible objects (animate or inanimate) in a museum’s care which have “intrinsic” historic, artistic, scientific or cultural value. Two types of objects are covered: 1) unclaimed property, meaning property held with a loan agreement which has either expired or was loaned for an indefinite term (often called “permanent loans”); and 2) undocumented property, meaning property for which the museum cannot determine the lender, donor or owner after making a good faith search to find the owner (this property is often deemed “found in collections”). A museum must demonstrate that it has held unclaimed indefinite loans or undocumented property for at least ten years before beginning the process. The exception to the ten year period is for loans of a definite period of time where the lender has failed to claim the property. In this instance, the museum must demonstrate that it has held the property for five years after the date upon which the loan was to have expired. 2. Notifying Collections Donors of Institutional Collecting Policies, Including Deaccession The law also requires museums to provide donors or prospective donors with a written copy of their mission statements and collections policies, which shall include policies and procedures pertaining to deaccessioning (the NYS Board of Regents’ Rules require chartered museums to have written collections policies that address deaccessioning). (As a safeguard measure, MANY suggests that institutions create a check-off box on their deed of gift forms affirming that a mission statement and collection policies were offered to a donor.) If the museum has knowledge of a planned bequest of property, it must provide the testator with a written copy of its mission statement and collections policy, which shall include the museum’s policies and procedures pertaining to deaccessioning. (If you have your mission statement and collections policy openly available on your website, you are considered compliant with the planned bequest of property provision.) 3. Use of Proceeds from the Sale of Property the Museum Acquires Under this Law Proceeds derived from the sale of property the museum acquires under this law will be used only for collection acquisition or protection and care of the collection. Proceeds cannot be used to defray the ongoing operating expenses of the museum. (The NYS Board of Regents’ Rules apply this to all permanent collections in chartered museums.) 4. Applying Conservation Measures to Loaned Property A museum will notify lenders in writing of any known injuries or losses of loaned property or of the need to apply conservation measures. The notice will advise the lender to his or her right to terminate the loan in lieu of conservation, and no later than thirty (30) days after having received the notice, either retrieve the property or arrange for its isolation and retrieval. Unless there is a written loan agreement to the contrary, the museum may apply conservation measures to property on loan without giving formal notice or first obtaining the lender’s permission if immediate action is required to protect the property on loan if it is a hazard to the health and safety of the public or museum staff provided that the museum is 1) unable to reach the lender at the lender’s address or phone number before the time by which the museum determines the action is necessary, or 2) the lender does not grant permission within three (3) days or terminate the loan/retrieve the property within thirty (30) days. Notwithstanding the foregoing, the statute also provides that if immediate conservation measures are necessary, the museum does not need to seek the lender’s permission or wait for the lender to terminate the loan and retrieve the property. Who pays for such treatment, depending on the situations outlined in the law, is also addressed. 5. Collection Record-keeping Museums will maintain records of acquisition, of deaccession, and loan of property currently held. These records will contain the names and contact information of donors and lenders, descriptions of property; and terms and restrictions of acquisition, deaccession or loan, including copies of all documents conveying title or loan. In the case of property acquired pursuant to this law, records documenting the search for identity and last known address of the lender, and copies of all notices and other documents prepared or received by the museum in connection with the acquisition of title to such property shall be maintained by the museum as part of the property’s file. What the Law Does Not Cover Museums cannot use this statute to take title to two types of property: 1) “Nazi-era” (1933-1945) disputed works, and 2) stolen property. If you want to learn more about these issues visit the American Association of Museums (AAM) Nazi Era Internet Portal, www.nepip.org, and the Art Loss Register, www.artloss.com. How to Acquire Title Below are the main provisions for compliance when implementing the law at your institution. If you do choose to utilize the law, we recommend reviewing the complete document to ensure proper compliance. · Unclaimed Property - Where Lender is Known You are required to provide written notice (“Notice of Termination”) via certified mail, return receipt requested, to the lender/last known owner at the most recent address of your intent to claim title under the provisions of this law. [see sample letter below] If the lender/last known owner does not respond to the “Notice of Termination” letter within 120 days of receipt of the letter, the museum will send a second notice to the lender [see sample letter below] If the lender/last known owner does not respond to the second notice within one hundred twenty (120) days of receipt of the notice, the museum shall automatically acquire all of the lender’s rights to the property. · Unclaimed Property – Where Lender is Unknown or When Certified Letter is Undeliverable and Undocumented Property Notwithstanding any other provision of law regarding abandoned or lost property, a museum may acquire the rights of the lender, donor, or owner to unclaimed property and undocumented property by giving notice by publication each week for three consecutive weeks in a newspaper of general circulation, in the county where the museum is located and the county of the last known address of the lender/owner (if known). [see sample notice below] If no one contacts the museum with documentation or other evidence establishing ownership interest in the property within 180 days of the notice’s appearance in the newspaper, the museum will place a brief description of the property on the Unclaimed Funds Registry of the Comptroller’s website for one hundred eighty (180) days. If no one contacts the museum with documentation or other evidence establishing ownership interest in the property prior to or within 30 days following the conclusion of the Unclaimed Funds Registry posting, the museum shall acquire title to the property. · Unsolicited Undocumented Property Left at a Museum after January 1, 2009 Beginning January 1, 2009, a museum shall acquire the rights to undocumented property that is not solicited by the museum and that is delivered to the museum or left on the museum premises, if no one comes forward to establish ownership interest in it within 90 days of delivery of such property to the museum. What Happens if Your Museum Receives a Claim? If a claim to property is received, the onus of proving the claim rests with the claimant. The museum will need to investigate the validity of the claim and the claimant will need to provide proof of ownership. If the museum agrees with the claim, it can simply arrange to turn the property over to the claimant. If there are competing or disputed claims (whether it’s between the museum and a claimant, or multiple heirs) a decision by judicial action may need to be made. We recommend you consult with an attorney if you have specific questions related to dealing with claimants. Further Resources American Association of Art Museum Directors. “Art Museums and the Identification and Restitution of Works Stolen by the Nazis”, May 2007. http://www.aamd.org/papers/documents/Nazi-lootedart_clean_06_2007.pdf American Association of Art Museum Directors. “Art Museums and the Practice of Deaccessioning.” No date. http://www.aamd.org/papers/ American Association of Museums (AAM) Registrar’s Committee, www.rcaam.org DeAngelis, Ildiko P. “Ethical and Legal Issues: Old Loans.” In The New Museum Registration Methods, Rebecca A. Buck and Jean Allman Gilmore, editors. Washington, D.C.: American Association of Museums, 1998. Malaro, Marie C. A Legal Primer on Managing Museum Collections, 2nd edition. Washington D.C.: Smithsonian Institution Press, 1998.
National Park Service-
Museum Handbook Society of American Archivists (SAA) Abandoned Property Project, http://www.archivists.org/saagroups/acq-app/abandoned.asp Sample Language for Letters and Newspaper Notices UNCLAIMED LOAN: “NOTICE OF TERMINATION” (CERTIFIED LETTER) The records of the ______________ Museum indicate that you have or may have property on loan at [name of facility]. The museum is seeking to determine whether you wish: · that the museum return the property to you · that the property remain on loan to the museum subject to annual renewal [if the museum also wishes that the property remain on loan], or · that the museum obtain all of your rights to the property, either to take the property into its collection or to dispose of the property, in its sole discretion. Please contact [name of contact] in writing within one hundred twenty (120) days to advise the museum as to which of the above alternatives you wish to follow. UNCLAIMED LOAN: SECOND WRITTEN NOTICE (CERTIFIED LETTER) On [date of first notice], the [name of Museum] sent you a notice concerning property that, according to our records, has been lent to the [name of Museum]. You have not responded to that notice, a copy of which is enclosed, and the museum will commence proceedings to acquire title to the property if you do not contact [name of contact] in writing within one hundred twenty (120) days of receiving this second notice. UNDOCUMENTED PROPERTY: NEWSPAPER NOTICE, “NOTICE OF INTENT TO ACQUIRE PROPERTY” The notice must be titled “Notice of Intent to Acquire Property” and must include a statement containing substantially the following information: “The [name of museum] hereby asserts its intent to acquire title to the following property: [brief description of property]. If you claim ownership to this property, you must contact the museum in writing to make arrangements to collect the property. If you fail to do so within one hundred eighty (180) days, the museum will commence proceedings to acquire title to the property. If you wish to commence legal proceedings to claim the property, you should consult an attorney.”
To that end, I am here today to remind the members of the Commission and the Assembly Higher Education Committee that the state’s 1900 chartered museums and historical societies are members of the University of the State of NY and, as such, make valuable contributions to P-16 education through programming, internship opportunities, and teaching and research collaborations with public and private institutions of higher education. The Commission’s recommendation of Education Partnership Zones speaks to the involvement of many community partners in increasing P-12 student performance. I urge the Commission to specifically recognize museums and heritage organizations as educational resources in this effort. Here’s why: · Museums and heritage organizations in New York State annually provide onsite and in-school programming to more that 6 million school children with a wide variety of standards-based activities lasting anywhere from a class period to a full day, and often in multiple contacts. · In 2006, more than 130,000 school children participated in distance learning programs offered by the state’s museums and heritage organizations. · Fifty percent of the institutions offering educational programming also train teachers, which is often a critical element in successful student performance. · Chartered museums and heritage organizations undertake their educational missions without funding from the State Education Department. Unlike schools, libraries and public broadcasting, chartered museums and heritage organizations are incorporated and regulated by the Department, but receive no aid from it. As Harold Skramstad, President Emeritus of the Henry Ford Museum wrote in the publication, An Agenda for American Museums in the Twenty-first Century: “Museums have helped shape the American experience in the past, and they have the potential to play an even more aggressive role in shaping American life in the future. They offer a powerful educational model that can help redesign and reform American education, and they can be important centers for community development and renewal.” For these reasons, it is my hope that the Commission recognizes museums and heritage organizations as full-fledged partners in the educational landscape of New York State. Thank you.
What is the Cultural and Museum Education Act?
Although the initiative was part of the State Education Department's budget submission to the governor, it failed to be included in the executive budget. Key elements of the Cultural and Museum Education Act are these:
Allocation of the $30 million would include: · $15.5 million for formula funding to chartered museums and historical societies that offer certifiable standards-based educational programming · $12 million for competitive grants to fund programs that address science literacy, museum programs and resources in classrooms, enhanced exhibition, virtual learning experiences, and professional development for teachers · $2.5 million for assessment of the impact of museum education programming and for program administration Furthermore, as efforts mount nationally for additional federal funding from IMLS for museums, pressure increases for states to develop funding streams to use as a match for federal money.
Museum
Association of New York Position on the At its September 2006 meeting, the Board of Regents' agreed to move forward with legislation amending the education law and arts and cultural affairs law to provide formula funding to museums and historical societies that offer verifiable standards-based educational programming to school children and teachers in grades kindergarten through twelve. This legislation would also amend the education law to foster innovation in museum education, and amend the arts and cultural affairs law to establish a grant program for performing arts institutions, other cultural organizations and community organizations that conduct curriculum-based educational programs for students and teachers in grades kindergarten through twelve. An appropriation of $30 million will be sought to fund this program. Key elements of the legislation are these:
New York State is blessed with one of the largest and most diverse museum communities in the country. Museums and historic sites can be found in every region of the state. While many of our museums are world-renowned, all are significant to their local and regional communities. New York State’s museums serve as critical resources for students, teachers, and life-long learners. Each year, museums offer millions of New York State school children opportunities to acquire knowledge and skills they need to participate in the twenty-first century knowledge economy by providing experiential, curriculum-based programs that expand classroom lessons and supplement literacy programs. As part of the Board of Regents’ P-16 strategy, collaborations among formal education institutions, libraries, museums, performing arts centers, businesses and social service agencies are envisioned. Together, USNY and its collaborators can improve student performance and close critical achievement gaps. A key element in the success of these collaborations will be the passage of the Museum Education Act. The Museum Association of New York (MANY) is a member-based service organization that works on behalf of these vibrant organizations, providing them with networks of information and advocating for higher professional standards. MANY played a significant role in developing revised standards, which the Regents approved in early 2006. MANY supports the Museum Education Act as an important step in helping chartered institutions meet the rigors of the new standards.
NYS:
NEW LAW DEFINES USE OF TERM 'MUSEUM'
This law will
have a major impact on those museums and other related corporations
which are not chartered or incorporated under the Regents, or which
came into being without the consent of the Commissioner or the
Regents. Sponsors of A.1794 were Assembly members Barbara Clark,
Rhoda Jacobs, and Felix Ortiz. Sponsors of S.1856 were Senators
Kenneth LaValle, Patricia McGee, and Mary Lou Rath.
MANY Testimony to IMLS Testimony from the Museum Association of New York (MANY) in regard to the effectiveness of current public funding mechanisms, gaps that need to be addressed to assure high quality museum services, and/or alternative funding mechanisms that should be considered in the future. There are approximately 1900 museums and heritage organizations chartered by the State Education Department and Department of State in New York. On average, the State Department of Education grants provisional charters to 15 new museums and heritage organizations each year. At the urging of the Museum Association of New York, the Board of Regents of the New York State Education Department approved a vastly upgraded set of standards for all chartered museums in early 2006. Having the full effect of law, we believe these standards are the first of their type in the country. Along with new standards, the Department has made initial attempts to provide trustee training and peer review, again at MANY’s urging. However, all this good work has languished to a great degree because, unlike schools, libraries and public broadcasting, which together will receive in excess of $1 billion in funding from the State Education Department in the next fiscal year, museums and heritage organizations receive no funding from this source. Instead, a patchwork quilt of state funding exists across a variety of agencies. These sources include the New York State Council on the Arts (NYSCA), the Office of Parks, Recreation & Historic Preservation, the Empire State Economic Development Corporation, and discretionary funding directly from legislators. Special programs of governors or commissioners, which rarely support general operations, are generally not continued as originally conceived beyond an individual’s tenure resulting in facilities and related programs that are difficult to sustain in the long run. Each program is administered differently, with varying requirements for application and reporting. The overwhelming amount of funding available from state agencies goes toward bricks and mortar projects – expansions, new construction, and renovations – followed by curatorial and interpretive-based project support, and technical assistance. And with the state facing a projected $4.4 billion shortfall in 2008-09, it is unclear how museums will fare this coming fiscal year as far as state funding is concerned. New York State Council on the Arts (NYSCA) Only the New York State Council on the Arts offers general operating support to museums. In 2006-07, the NYSCA Museum Program assessed 212 completed applications, which represented a fraction of the total number of museums in the state. The Museum Program awarded 179 grants in 2006-07, including general operating support grants, ranging from $2,500 to $210,000 (general operating awards ranged from $5,000 to $210,000). In its most recent award year the Museum Program provided general operating support to 96 chartered museums, representing $3,864,975 or 72% of the overall budget of the Program. Office of Parks, Recreation and Historic Preservation (OPRHP) OPRHP is the umbrella agency for several funding programs for heritage organizations and historic sites, and for zoos, botanical gardens and aquariums (ZBGA). The Environmental Protection Fund is a competitive grant program aimed at the preservation of National Register-listed properties. The ZBGA Program provides the stimulus to develop educational, cultural and recreational programs interpreting our natural heritage as well as support for the permanent collections of eligible institutions. ZBGA is slated to receive $8.5 million in the state’s next fiscal year. The Heritage New York program began as a gubernatorial initiative that is now a program of OPRHP. The program’s goals are to identify, preserve and interpret historic sites that are linked to a particular historical theme through community outreach and grant programs; foster organizational development of designated sites; and promote heritage tourism through a range of marketing activities. o help municipalities and not-for-profit organizations preserve and interpret a Revolutionary War Heritage Trail and Underground Railroad Heritage Trail sites. There is no provision for operating support, and there is a great likelihood that the entire program will be considerably scaled back in the next fiscal year as the agency’s priorities shift to revitalizing the state’s park system. Empire State Economic Development Corporation In addition to a broad range of economic development programs, this state agency oversees tourism marketing, which offers a matching program to counties for tourism promotion. As part of the governor’s plan to revitalize New York’s economy, a $40 million proposal in the agency’s budget for the next fiscal year is aimed at funding capital projects of cultural institutions. Currently, eligibility criteria for institutions seeking this funding have not been established. Counties and Cities – A Mixed Picture At the county and municipal levels, funding for museums and heritage organizations is highly mixed depending to a great extent on the financial health of local governments. For example, the city of Buffalo, New York, which has been under a state-appointed financial control board since 2003, cut all its cultural funding in 2001. As the city’s financial crisis deepened and widened to include Erie County government, the Buffalo and Erie County Historical Society cut its staff by more than 50 percent and cut back its hours of operation between 2001-2005. While that funding has slowly begun to return, the blow its absence made on the financial stability of these organizations is still being felt. At the opposite side of the state, the New York City Department of Cultural Affairs is the largest cultural funding agency in the nation, with an expense budget in Fiscal Year 2007 of $167 million and a capital budget of $1.4 billion over the next four years, the largest capital budget in the agency’s history. The Department extends support to the cultural community in three major ways: through funding for specific cultural organizations in exchange for cultural services offered to the citizens of New York City, through direct subsidies to 18 City-owned museums, historic house museums and heritage sites, and through capital spending for construction and renovation at designated institutions. In 2003 the Department established the Cultural Development Fund (CDF), a competitive process for allocating program support. Federal Formula Funding Indeed, the highest priority type of public funding among the New York State museum community is for general operations. Federal support of museum general operations, preferably as formula grants, recognizes and supports the educational contributions these institutions make to P-16 students and their teachers (annually 6.6 million school children), and to scholars, to life-long learners, and casual visitors totaling more than 50 million people every year. It also recognizes the economic contributions these institutions make toward the creation of livable communities by sustaining accessible hours of operations, staffing and ongoing programming. The leverage federal formula funding for museums can provide to state governments is also critical. This is not lost on us in New York State, where we are currently engaged in seeking parity formula funding for museums through the State Education Department.
Federal
Formula Grant Coalition Did you know that the Institute of Museum and Library Services (IMLS) provided $210.5 million to libraries in 2006, while museums received only $36.5 million? Why the difference? Federal formula grants given from IMLS directly to the states accounted for $163.7 million of IMLS’ library authorization. Service organizations representing museums at the state, regional, and national level have joined forces to seek reauthorizing legislation for IMLS in 2009 that includes federal formula grants for museums. This web site is dedicated to informing the museum community about the work of the Coalition, receiving comments from the field to help drive its work, and asking the museum community for strategic assistance in achieving the 2009 goal. The Work of the Federal Formula Grants for Museums Coalition:
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