N.Y. Parks, Recreation and Historic Preservation Law 19.29 – Deaccessioning
§ 19.29 Deaccessioning. Notwithstanding any other provision of law, the commissioner may donate a work of art or an historic or other object of personal property under the jurisdiction of the office to a public corporation. The commissioner may also dispose of such property directly pursuant to a process set forth in regulation which is consistent with subdivision three of § 167 of the state finance law or may transfer such property with or without conditions to the office of general services, and the office of general services shall be authorized to accept such work of art or such object and dispose of such property in accordance with the provisions of § 167 of the state finance law, or at a private sale. Such work of art or object shall only be donated, transferred or sold pursuant to this section provided that:
Terms Used In N.Y. Parks, Recreation and Historic Preservation Law 19.29
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Office: means the state office of parks, recreation and historic preservation and those facilities including historic sites as defined in section 1. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
- Personal property: All property that is not real property.
- Property: means any inanimate object, document or tangible object under the office's care which has intrinsic historic, artistic, scientific, or cultural value. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
1. The commissioner determines such work of art or object to be surplus to the needs of the office or the public.
2. The work of art or object to be disposed of is first documented, recorded and offered to the New York state museum for use in its collections, and if not accepted within thirty days of such offer, it shall be offered for transfer to state agencies having a legislative mandate to acquire, exhibit, preserve and interpret works of art and historic objects. Proceeds derived from the deaccessioning of any property from the collections of the office shall be deposited into the state park infrastructure fund established pursuant to § 97 of the state finance law and shall be used only for the acquisition of collections and/or for the preservation, protection and care of the collections, including capital projects relating thereto.