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Albany Update: Budget News
2008
Abandoned Property Passes NYS Legislature;
Does it Have a Future?
Abandoned property legislation for museums passed the state
legislature this session and is poised to move to the governor’s
desk for signing. There is considerable opposition to this
legislation within the governor’s office of counsel. Specifically,
the concern focuses on the lack of judicial review of any abandoned
material to which a museum may wish to claim title. The bill’s
sponsors and MANY believe that museums already have access to
declaratory judgment of ownership in a court of law. This is an
additional and expensive burden to the already lengthy process
outlined in the bill.
We are asking you to contact the governor’s office this week to urge
him to sign this bill into law.
Refer to the following bill numbers: A00995A/S3593A.
Here are some key talking points you might wish to use in your
communication with him:
·
This bill was drafted to help museums manage abandoned property in
their collections while also preserving the rights of lenders,
donors and claimants to reclaim their property.
·
For the purposes of the bill, “abandoned property” means 1) objects
in a museum’s possession from an unknown source – also known as
undocumented property – as well as 2) objects loaned to a museum but
never returned to the lender – also known as unclaimed property.
·
The bill gives museums a legal framework to clarify and acquire
title to abandoned property. It amends existing law (1997) that
provides this framework to the New York State Museum.
In a 2003 MANY poll:
-
87% of poll respondents reported that unclaimed and undocumented
property are burdens for museums regardless of size and
discipline. Current collections management and practice tend to
eliminate the probability of museums having abandoned property,
but many institutions, especially older ones and smaller ones, do,
largely the consequence of loaned objects or artifacts dropped off
for potential donations being unclaimed by their owners.
-
Of that 87%, more than three-quarters indicated that these objects
place a moderate drain on museum resources, including staff, time,
and space. As one respondent noted, “Without legal ownership, we
cannot properly care for, conserve or in many cases exhibit these
(materials).” Caring for such abandoned materials is a drain on
those museums saddled with them, but at present institutions have
no way to gain relief.
-
It is stunning that New York remains one of a handful of states
(now less than 20) that does not yet have an abandoned property
law for museums. When asked what their institutions need in order
to address unclaimed and undocumented items in their care, 62% of
respondents specifically indicated that a legal course of action
was needed.
Please send a letter or call the governor in support of this bill
this week! In doing so, refer to the following bill numbers:
A00995A/S3593A.
The Honorable David A. Paterson, Governor
State Capitol
Albany, New York 12224
T: 518-474-8390
F: 518-474-1513
It is critical that the governor hears how widespread the support is
for this legislation. He needs to understand the extent of the
burden abandoned and unclaimed property places on many of you and he
needs to know that judicial review also places an expensive burden
on you.
2008-09 State Budget Passes: What’s In It for
Museums
The
multi-billion dollar budget deficit was the primary factor in the
failure of the Cultural and Museum Education Act,
which remained a live issue almost until the end. Museum advocates
were hopeful that the act would receive a small amount of funding to
start up the program, but even $500,000 was not in the cards.
Regent James Dawson, Chairman of the Regents’ Cultural Education
Committee, told UHA/MANY conference-goers that the advocacy work
done this year for the bill has laid excellent groundwork for the
Act next year. MANY is enthusiastic that the Regents will continue
their support for the Act and we stand ready to participate in
ongoing and future advocacy efforts.
The
New York State Council on the Arts budget did not
receive a lift from the legislature, as is generally the case. The
amount for grants remained at $49M, less a 2% reduction requested of
all state agencies by Governor Paterson. This will most probably
mean that those museums receiving general operating support will see
an automatic decrease in their next contract by 2%.
There’s some good news, too. The Arts and Cultural Facilities
Capital Grant program, which was originally part of former
Governor Spitzer’s Upstate Revitalization Program, was funded at
$30M. This new program
is part of the Urban Development Corporation budget and supports the
preservation and expansion of cultural institutions. Eligible
projects shall include capital improvements of facilities primarily
involved with the arts, humanities or interpretive sciences.
Individual projects funded shall be for $250,000 or more and shall
be required to demonstrate the economic and social benefit of state
funding. This program awaits guidelines and an administrative
structure.
Abandoned Property Bill Moves Forward in Legislature
A
bill providing legal recourse for museums and historical societies
to gain title to unclaimed and undocumented materials in their
possession took a step forward recently when the Senate Higher
Education Committee unanimously reported it out of committee on
April 9th. MANY officials believe there’s a high
likelihood that the Senate will pass the bill soon. MANY and the
bill’s Assembly and Senate sponsors are at work with administration
staff with the expectation of securing the governor’s signature this
year.
S.
1327-A/A. 272-A – Arts Fund
This
bill establishes an arts fund to receive contributions for the
support of the New York State Council on the Arts
through a personal income tax return check-off.
It has already passed the Assembly this year, where Jonathan Bing is
the sponsor. Contact Senator George Winner, chairman of the
Investigations & Government Operations Committee, where the bill is
currently under review, and Majority Leader Joseph Bruno and them
him to move this bill toward a vote in the Senate.
Update - Museums, Re-enactors Worry Over
Plan to Regulate Antique Firearms
An outpouring of concern
regarding the regulation of ownership of antique guns, black
powder weapons and muzzleloading firearms has led Democratic
Assemblyman Michael Gianaris of Queens to modify the language
of his bill, A09543, to exclude museums and individuals
connected to bona fide reenactment groups.
"We're very pleased with the Assemblyman's willingness to
work with museums and the historic reenactment communities to
reach an equitable solution," said Anne Ackerson, director of the
Museum Association of New York.
"It was not our intent to harm these groups," said Gianaris.
"The idea was we wanted to make sure these weapons - because
they can be used to inflict harm - at least have a waiting
period and background check associated with them. That still
ensures that people with mental illness or criminal records
don't have access to these weapons."
Testimony Submitted to the Assembly Committee on Higher
Education, Public Hearing on the NYS Higher
Education Commission’s Preliminary Report
January 24, 2008
The Museum Association of New York applauds
the work of the Commission and we strongly support the premise
that an increasingly global society needs talented leaders and
a skilled workforce, which is achieved through a first-class
educational system.
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?
As originally conceived by the Board of Regents, the Cultural and Museum Education Act would provide
formula funding to chartered museums along with competitive grant
programs to promote innovation in museum education.
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:
-
the Act is
an extension of the Regents approval of new standards for
chartered museums and historical societies, which were adopted in
2006
-
the Act is
about helping chartered museums and historical societies to be
more accountable stewards and educators
-
the Act
recognizes for the first time that museums and historical
societies are active participants in NYS' community of education
-
the Act is
ultimately about improving student performance
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
Museum Education Act
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:
-
the
legislation is an extension of the State Education Department’s
work with the Regents; it supports the new standards
-
the
legislation is about helping chartered museums and historical
societies to be more accountable stewards and educators
-
the
legislation recognizes for the first time that museums and
historical societies are active participants in NYS' community of
education
-
the
legislation is ultimately about improving student performance
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.
Museum Association of New York Position on
Abandoned Property
Legislation for Museums in New York State
Summary
This essential
legislation will provide a crucial opportunity for museums and
historical organizations to be better stewards of the outstanding
collections in their care by providing legal recourse to address the
accumulation of unclaimed and undocumented property in their
possession while also preserving the rights of lenders, donors and
claimants to reclaim their property.
At its January
2003 meeting, the Museum Association of New York Board of Directors
agreed to work closely with the New York State Legislature and
stakeholders to advance passage of this legislation.
Every museum,
every collecting institution, large and small, regardless of
discipline, struggles with the same problems: custody of objects
lent decades ago for which it is now impossible to trace the lender,
and forced custody of objects that were simply left on the
doorstep. Currently, New York State Education Law enables the State
Museum to expeditiously resolve these issues. But every other
museum in the state has its hands tied: it cannot accession the
item because it does not have title; it cannot dispose of the item
because of potential liabilities to the lender. Instead, museums
are forced to provide expensive, museum-quality care and storage
space for things they don’t own.
In 2003, MANY
conducted an informal survey regarding the need for this
legislation. Among the findings:
-
87% of poll
respondents reported that unclaimed and undocumented property are
burdens for museums regardless of size and discipline. Current
collections management and practice tend to eliminate the
probability of museums having abandoned property, but many
institutions, especially older ones and smaller ones, do, largely
the consequence of loaned objects or artifacts dropped off for
potential donations being unclaimed by their owners.
-
Of that 87%,
more than three-quarters indicated that these objects place a
moderate drain on museum resources, including staff, time, and
space. As one respondent noted, “Without legal ownership, we
cannot properly care for, conserve or in many cases exhibit these
(materials).” Caring for such abandoned materials is a drain on
those museums saddled with them, but at present institutions have
no way to gain relief.
-
It is
stunning that New York remains one of a handful of states (now
less than 20) that does not yet have an abandoned property law for
museums. When asked what their institutions need in order to
address unclaimed and undocumented items in their care, 62% of
respondents specifically indicated that a legal course of action
was needed.
Old loans,
abandoned property, and objects not serving mission-related goals
(or too fragile or too dangerous to be properly cared for) are all
examples of why the state’s museums and historical organizations
want and need legislation that will help them meet the highest
standards of public trust stewardship. This legislation is a
measure that will help preserve scarce museum resources of money,
staff, and space – while incurring no additional costs to taxpayers,
and imposing no “unfunded mandates” from Albany.
This Legislation and Stolen Property
The state’s museum community is acutely aware
of its ethical and moral obligation to reunite stolen property with
its rightful owners. The legislation’s language always exempted
stolen property from its provisions. As the language evolved, two
exceptions, which the Museum Association of New York fully supports,
are specifically cited: 1) Nazi-era spoliated objects that “changed
hands due to theft, seizure, confiscation, forced sale or other
involuntary means in Europe during Nazi-era (1933-1945)” and 2)
other stolen property reported to a law enforcement agency, insurer
or The Art Loss Register.
NYS:
NEW LAW DEFINES USE OF TERM 'MUSEUM'
A
bill on Education corporation assumed names was signed by the
Governor last summer and assigned Chapter 316 of Laws of 2005.
It took effect January 1.
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.
TITLE OF BILL : An act to amend the general business law, the
education law, the business corporation law, the not-for-profit
corporation law, the partnership law and the limited liability
company law, in relation to the use of assumed names and corporate
names pertaining to
education.
Key provisions (taken from "Summary of Provisions" on Assembly web
site):
1. Require education corporations to obtain consent of Regents to
operate under an assumed name.
2. Require that education corporations operating under an assumed
name file a copy of their assumed name certificate with the
Education Department.
3. Restrict the use of certain terms in corporate names that
connote an educational purpose and to prohibit persons or
corporations who are not authorized to do so by a charter from the
Legislature or Regents from holding themselves out as a "museum",
"arboretum" or similar cultural
institution.
4. Prohibit the Secretary of State from filing an assumed name
certificate for a chartered education corporation without consent of
Regents.
4. Restrict certain terms in corporate names that connote an
educational purpose: "education," "museum," "arboretum," "history,"
"historical," "historical society," "library," "school,"
"kindergarten," "prekindergarten," "preschool," "university" or
other term restricted by Education Law section 224; "conservatory,"
"academy," or "institute," or any abbreviation or derivative of such
terms, by formally requiring consent of Commissioner.
5. Prohibit use of or doing business under names "museum," or
"arboretum" or any similar name carrying such connotation unless
authorized under a special legislative charter or Regents charter or
otherwise authorized by Regents or Commissioner. Violation of this
prohibition would be a misdemeanor.
6. Give any existing entities doing business under such names
one year to come into compliance by obtaining consent of Regents or
Commissioner.
MANY Testimony to IMLS
Submitted March 3, 2008
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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