Brodsky Bill: NY Assemblyman Targets Desperation Deaccessions UPDATED

The Legislature notes attempts in New York and elsewhere to monetize museum collections and the asserted use of those monies for purposes other than the protection and expansion of collections. The Legislature further finds and determines that such practices are inconsistent with the interest of the people of the State, are inconsistent with requirements of governing documents, accreditation standards, and accepted museum practices, and, if unchecked, will permanently endanger the integrity and existence of museum collections handed to us by earlier generations as a sacred cultural and ethical trust.

Each museum shall publish a register of the contents of its collection.

No museum may dispose of an item or items in its collection except as set forth in this statute and in its mission statement and collections management policy and not until the item or items have been deaccessioned.

Proceeds from disposal of an item in its collection shall only be used for purposes set forth in this statute.

No item in a museum's collection may be used as collateral or may be capitalized.

A museum may deaccession an item in its collection only if one or more of the following criteria have been met: (a) the item is inconsistent with the mission of the museum as set forth in its mission statement. (b) the item has failed to retain its identity (c) the item is redundant (d) the item's preservation and conservation needs are beyond the capacity of the museum to provide; (e) the item is deaccessioned to accomplish refinement of collections as required by and/or stated in its collection management policy. (f) it has been established that the item is inauthentic (g) the museum is repatriating the item or returning the item to its rightful owner; (h) the museum is returning the item to the donor, or the donor's heirs or assigns, to fulfill donor restrictions relating to the item which the museum is no longer able to meet; (i) the item presents a hazard to people or other collection items.

Any museum disposing of an item must make a good faith effort to sell or transfer such item to another museum in New York State. If such sale or transfer cannot be accomplished a museum must make a good faith effort to sell or transfer such item to another public museum.

Proceeds from the disposal of an item or items from a museum's collection may be used for the acquisition of another item or items for the museum's collection and/or for the preservation, protection or care of an item or items in the collection. In no event, however, shall proceeds derived from the disposal of an item or items from a museum's collection be used for traditional and customary operating expenses.