9 NYCRR Part 429 - Executive Department

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Source version current through Sep 15, 2021

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 429.1 - Purpose

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The Office of Parks, Recreation and Historic Preservation (office) may dispose of a work of art or historic object that has been acquired by the State and is surplus to the needs of the office in accordance with the terms and conditions set forth in this Part.

9 NYCRR 429.2 - Determination of need

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Prior to the disposition of a work of art or historic object the commissioner shall determine based upon the recommendation of the office’s division for historic preservation that it is surplus and fits one or more of the following criteria:

(a)the work of art or historic object is not relevant to the purposes, functions or interpretive goals and policies of the office;

(b)the work of art or historic object is one of several examples of a particular type or class of art or historic object in the custody of the office, and these other examples adequately fulfill the interpretive goals and policies of the office; or

(c)the work of art or historic object has deteriorated beyond usefulness or has become wholly or partially comprised of material that may be hazardous to the health or safety of staff or damaging to another work of art or historic object.

9 NYCRR 429.3 - Manner of disposition

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Deteriorated or hazardous conditions.

A work of art or historic object that has been determined to be surplus in accordance with the provisions of section 429.2(c) of this Part may be destroyed and disposed of in an environmentally-responsible manner subject to industry standards under a process known as witnessed destruction.

(b)A work of art or historic object that has been determined to be surplus in accordance with the provisions of section 429.2(a) or (b) of this Part may be disposed of in the following manner, after being properly documented in accordance with the office’s collections guidelines:

(1)it shall first be offered to the New York State Museum and if the State Museum fails to accept this offer within 30 days, it shall be offered to State agencies allowed to acquire, exhibit, preserve or interpret it; and if no State agency accepts this offer within 30 days it may be:

(i)donated to a public corporation;

(ii)donated to a not-for-profit corporation authorized to acquire, exhibit, preserve or interpret it;

(iii)sold for fair market value;

(iv)sold for less than fair market value provided the office makes a written justification on a case-by-case basis that it would be in the best interests of the State; or

(v)transferred to the Office of General Services with or without conditions for disposition either by public sale as provided in section 167 of State Finance Law or by private sale.

9 NYCRR 429.4 - Terms and conditions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The commissioner may impose such terms or conditions upon the disposition of a work of art or historic object as the commissioner deems appropriate to encourage its conservation and preservation for the public benefit.

9 NYCRR 429.5 - Restrictions on disposition

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)A work of art or historic object shall not be disposed of under this Part within 10 years of its acquisition by the State.

(b)A work of art or historic object that is undocumented may be disposed of under this Part between 10 and 20 years after acquisition by the State provided the disposition is first approved by a court of competent jurisdiction. The office shall attempt to notify the previous owner or heirs or legal representatives, however, this requirement shall be deemed waived if the office is unsuccessful after making reasonable efforts to locate and notify such persons.

(c)A work of art or historic object that is undocumented may be disposed of under this Part without court approval 20 years or more after its acquisition by the State.

(d)If disposal of a documented work of art or historic object is inconsistent with the terms or conditions of the instrument by which title was conveyed to the State, it may, nevertheless, be disposed of under this Part provided the disposition is first approved by a court of competent jurisdiction. The office shall attempt to notify the previous owner or heirs or legal representatives, however, this requirement shall be deemed waived if the office is unsuccessful after making reasonable efforts to locate and notify such persons.

(e)A work of art or historic object determined to be surplus under section 429.2(c) of this Part may be disposed of under this Part at any time after its acquisition without court approval.

9 NYCRR 429.6 - Proceeds from disposition

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Proceeds derived from the disposition of any property from the collections of the office shall be deposited into the state park infrastructure fund established pursuant to section 97-mm of the State Finance Law and shall be used only for the acquisition of collections or for the preservation, protection and care of the collections or both, including related capital projects.

9 NYCRR 429.7 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Deteriorated beyond usefulness means the work of art or historic object lacks significance and is in poor physical condition or has suffered a substantial loss of integrity and has no intrinsic historic, artistic, scientific or cultural value.

(b)Disposal means the removal of works of art or historic objects from the office through transfer, gift or sale; or the witnessed destruction of works of art or historic objects that have deteriorated beyond usefulness or are hazardous.

(c)Surplus means does not support a mission of the office and does not provide any current or future public benefit.

(d)Witnessed destruction means two qualified staff persons from the office’s division for historic preservation:

(1)document the work of art or historic object;

(2)make the appropriate finding or findings under section 429.2(c) of this Part;

(3)determine the work of art or historic object cannot be reconstituted or does not merit extraordinary remediation or conservation efforts;

(4)witness the destruction and disposal or the transfer for disposal; and

(5)make and keep on file sworn and notarized affidavits outlining the findings, determination and process.

9 NYCRR 429.8 - Earlier source heading: 429.8 to 429.11 [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 429.12 - Earlier source heading: [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

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