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Policies & Guidelines
TABLE OF CONTENTS
- Maine Historic Preservation Commission Photographic Collection Terms & Conditions of Copyright/Use
- Maine State Museum Collections Image Permissions & Reproductions
- Social Media Guidelines
- State House Tour Guidelines
- Policies and Procedures for the Use of the Atrium in the Maine State Cultural Building
- Gift Acceptance Policy
- Link to Maine State Legislature Policies
1. MAINE STATE MUSEUM COLLECTIONS IMAGE PERMISSIONS & REPRODUCTIONS
The Maine State Museum is making images of its collection available in its online database to support research and scholarship and to inform and educate the public. You can request copies of these images for personal, educational, or commercial purposes, or request an image of an object that is not available in the database, using the following steps:
Fill out our Image Request and Permission to Publish form, clearly identifying the object(s) you are interested in.
Send the completed form to images.statemuseum@maine.gov and museum staff will review and respond to your request as they are able, typically within a week.
Your image will be delivered after your request is approved and after any payment due is received. Please allow up to two weeks for delivery for typical orders.
The museum charges cost-recovery fees for some imaging services. A fee schedule is included in the Image Request and Permission to Publish form. Fees are payable by check or money order.
The Maine State Museum grants permission for non-exclusive, one-time-only use of its collection images. The museum can only grant permission for such rights as it holds. If an image is unavailable because of copyright or other restrictions, or if an object is protected by copyright, you must get written permission from the copyright holder or other interested person before your request can be approved.
We ask that you credit images from our database to the Maine State Museum and reference the catalog number of the object or link to its database record.
If you have questions about image rights and reproductions, contact images.statemuseum@maine.gov.
Copyright and Restrictions
Some objects in the Maine State Museum’s collection are protected by copyright or other legal restrictions and others are in the public domain. We try to determine the copyright status of our objects to the best of our ability, and we communicate our understanding of that status in a copyright statement in each database record. This work is ongoing. In some cases, we don’t know enough about an object to determine its copyright status. The absence of a copyright statement or other information about restrictions does not mean that an object is in the public domain or has no restrictions. The Maine State Museum makes no express or implied warranty of any statement about the status of its objects.
You cannot use images of objects that are protected by copyright without obtaining permission from the copyright holder, except for personal, educational, and other non-commercial uses consistent with the principles of fair use under Section 108 of the U.S. Copyright Act. If you want to use an image of an object in the museum’s collection, it is your responsibility to determine its copyright status and get written permission for your intended use from the copyright holder. We cannot give permission when we do not hold the rights to an object or image. The Maine State Museum disclaims any and all responsibility for third-party use of its collections images when permission has not been given by the copyright holder and/or the use has not been explicitly approved by the museum.
The Maine State Museum is actively working to identify copyright holders and determine the copyright status of its objects. If you have information about our objects or know more about their history, please contact collections.statemuseum@maine.gov. If you are a copyright holder or the agent for a copyright holder of an object in our collection or content on our website and you have a concern or an objection about an image in our online database or other content on our website, contact images.statemuseum@maine.gov in writing with your name and contact information, a link to the relevant object or content, and a statement of your concern or objection.
2. MAINE HISTORIC PRESERVATION COMMISSION PHOTOGRAPHIC COLLECTION TERMS & CONDITIONS OF COPYRIGHT/USE
Copyright: The copyright and related rights status of the items in this collection have not been evaluated. While many of these images may be in the public domain, it is up to you to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials found in this collection. You are free to use an item in any way that is permitted by the copyright and related rights legislation that applies to your use.
The legal doctrine of Fair Use permits the unlicensed use of copyright-protected works in certain circumstances, generally for criticism, comment, news reporting, teaching, scholarship, and research. For more information on Fair Use please see the U. S. Copyright Office webpage at https://www.copyright.gov/fair-use/more-info.html.
Permissions: As a publicly supported institution, the Maine Historic Preservation Commission generally does not own rights to material in its collections. Therefore, it does not charge permission fees for the use of such material and cannot give or deny permission to publish or otherwise distribute material in its collections.
High-resolution digital files of the images in this collection may be obtained by sending a request to the Maine Historic Preservation Commission via the following e-mail address: photorequest.mhpc@maine.gov. You must provide the complete catalog number of the image and specify whether you wish to receive it as a .jpg or .tiff file. Response time will be dictated by the availability of staff time and the number of images requested. No changes will be made by staff to the original digital files to accommodate a particular user’s needs.
All image reproductions shall be sourced as “Courtesy of the Maine Historic Preservation Commission, Augusta, Maine”.
3. MAINE STATE MUSEUM SOCIAL MEDIA GUIDELINES
The Maine State Museum (MSM) supports the free exchange of ideas on the museum’s social media pages, which include Facebook, Instagram, and YouTube. However, the MSM staff communications committee that monitors these pages reserves the right to remove comments, posts, photos, or any content if it is derogatory, obscene, off-topic, or does not adhere to the guidelines below.
1) The posted views expressed in social media comment fields reflect those of the authors and do not reflect the official views of the MSM or Maine state government.
2) Comments and posts must:
- relate to the content in MSM posts or comments left by readers;
- relate to MSM’s mission to share what is meaningful about Maine and its place in the world, in order to inspire people to discover Maine’s past, understand its present, and imagine its future;
- be thought-provoking and spark discussion or debate while maintaining a positive, courteous, and constructive tone;
- differ with the content in MSM posts without insulting the writer, museum, or other commenters.
3) Comments and posts will be edited or deleted if they:
- are unrelated to content in posts, comments left by readers, or MSM’s mission;
- contain political commentary;
- descend into negative or derogatory language;
- are insulting to the writer, MSM, or other commenters;
- promote or endorse products and services (NOTE: non-commercial links that are on-topic are acceptable).
4) Comments or posts that WILL BE DELETED WITHOUT NOTICE include those that:
contain content deemed by the MSM staff communications committee to be obscene, indecent, profane, or otherwise objectionable, including (but not limited to):
- sexually explicit, racially objectionable, or ethnically objectionable references;
- unlawful content or hate speech;
- advocacy on a legislative issue;
- personal attacks, including insults, threats, or defamation;
- spam or advertising (or any unique content posted multiple times);
- disruptive or inappropriate references, including personal conversations better suited for private communication;
- violations of any third-party platform’s Terms of Use, Terms of Service, or Codes of Conduct.
Numerous violations of the above MSM content guidelines may result in a commenter being blocked from making future comments or posts on MSM’s pages.
4. STATE HOUSE TOUR GUIDELINES
Please note the following procedures and guidelines for access to the State House and booking State House tours:
The State House is open during weekdays only from 8:00 a.m. to 4:30 p.m. and is free of charge.
Guided tours are free of charge and are given Monday through Friday at 9:00 a.m., 10:00 a.m., 11:00 a.m. and noon.
Guided tours may be scheduled in advance using the form Walk-ins are welcome, but may need to wait for a guided tour.
During open hours, visitors may choose to self-guide around the State House, using self-guiding materials provided. All procedures and guidelines outlined here remain in effect for both self-guiding and guided tour groups.
Guided tours and self-guided tours are limited to 20 people each. If the tour group is a school or camp group, two additional chaperones may accompany each 20-person group.
Face masks are not required, but they are recommended.
Capitol Police will be conducting entry screening of all visitors to the State House, including student groups. Food or drinks are not allowed in the State House.
5. Policies and Procedures for the Use of the Atrium in the Maine State Cultural Building
I. Definition
1. The Atrium as referred to in this document is that interior space in the Maine State Cultural Building, at 230 State Street in the State House Complex in Augusta, Maine, which runs from the exterior entrance doors on the north side of the building to the glass wall with two sets of doors, above which are carved the words “State of Maine Library, Museum, Archives. Beyond this glass wall is the area forming the entrance to the Maine State Museum, referred to as the ‘Lobby,’ and which is excluded from any use by the public except as authorized by the Maine State Museum.
II. Use Priorities and Authorizations
1. The Atrium of the Maine State Cultural Building is intended primarily to serve the needs and statutorily defined missions of the three state agencies resident in that building, i.e. the Maine State Museum, the Maine State Library, and the Maine State Archives. Its particular and most frequent use is in support of educational and school programs and other visitor use related to the three resident agencies. The Maine State Museum sees tens of thousands of young visitors make use of it each year, so the museum has a specialized and intense connection with the way this area is scheduled and managed.
2. Second priority use of the Atrium is by organizations directly associated with the resident agencies, with such uses authorized by them. This would include commissions, boards, friends groups, affiliated professional groups, related legislative committees, etc.
3. The next lowest priority of Atrium use is by other state agencies.
4. The lowest priority of Atrium use is by private entities of any kind, unless authorized by one of the resident agencies in connection with the mission or legitimate activities of that agency.
III. Use Limitations and Safety Cautions
1. The Atrium is a public entryway and any authorized use of that space must allow a reasonable level of public access to and through it, and egress from it. Adequate clearances for public use must be maintained at all times. Safety and security concerns, regarding especially the Atrium’s frequent use by school and other groups, may require that activities in the space share it simultaneously with other groups pursuing other programs.
2. Because of the prevalence of school tours, one-half of the Atrium must be reserved from 9 am to 2pm Tuesday-Friday, between September and June, for schoolchildren visiting the Maine State Museum.
3. Resident agencies will often have displays or artwork in the Atrium and may make and enforce reasonable limitations intended to protect those works from damage or misuse by the public. In the case of the Maine Labor Mural, a series of historical representations under the management of the State Museum and now hanging on the walls of the east side of the Atrium, entities using the facility must keep all event attendees, equipment and furnishings at least three feet away from those paintings.
4. Within the requirements of prevailing law the Atrium should not be used for activities that will interfere with the primary use of the space, which is to support the programs of the resident agencies and entities directly affiliated with them. In other respects, any proposed program should clearly offer the kind of public educational and cultural activities the Cultural Building was originally intended to provide. Such uses as acts of civil disobedience, petition signing for referenda or for other topics of advocacy, the display of materials not in keeping with the missions of the resident agencies, or disruptive or harassing demonstrations should take place elsewhere.
5. The Atrium may not be used for private events such as weddings, funerals, dinners, dances, family celebrations, or for mercantilism not directly connected with the missions of the resident agencies, and approved by them in advance.
6. Groups arranging to use the Atrium for authorized activities should be aware that the space does not come equipped or furnished. The resident agencies cannot provide this equipment or any staff for set-up or removal. Food service is prohibited without prior permission by the sponsoring agency. Any group using the Atrium is required itself to clean up after its activities, including the disposal of trash, and leave the site in the condition it was found prior to the use. The placement of any equipment and cables must be approved by a representative of the Maine State Museum to avoid any undue hazard to the public.
7. Safety of the public is the primary concern regarding the scheduling of any activity in the Atrium. Safe public passage must be maintained in the space at all times. Prohibited in the Atrium are materials and activities that inherently elevate public risk, including:
- Equipment or activities that pose a risk of fire or explosion
- Toxic, noxious or infectious materials
- Pets or animals except for assistive animals and living specimens used in museum displays or events
- Signs and banners on wooden or rigid supports
- All firearms or other weapons except when in the legitimate possession of a law enforcement officer on duty and whose presence is known to the Bureau of Capitol Police, and except for exhibit or research items being moved under the supervision of museum personnel
- Alcoholic beverages
- Soliciting , panhandling, or unauthorized selling of goods and services
Entities using the Atrium must comply with all facility security requirements an all instructions by security personnel. The Bureau of Capitol Police may remove persons who appear to be threatening, disruptive or in violation of the law or of the provisions of this policy. Persons who violate this policy or who create disruptive or unsafe conditions may be denied future use of the Maine State Cultural Building. IV. Application Procedures Applications The Maine State Museum will act as first point of contact for an applicant seeking use of the Atrium. The applicant should first contact the Maine State Museum at maine.museum@maine.gov or 207-287-2301 to determine if the Atrium is available for use. If the Atrium is available the applicant will be guided to complete an application form which can also be found on the museum’s website mainestatemuseum.org or at the following link: http://www.mainestatemuseum.org/visit/use_of_the_cultural_building_atrium/. The form must be completed and signed by the applicant’s designated contact person at least two weeks in advance of the requested use.
The application form requires the following information:
- The name, address, phone number and e-mail address of the contact person representing the event.
- The name, address, phone number and e-mail address of the organization seeking to hold the event.
- Requested date(s) and hour(s) of use, with alternate dates and times if possible.
- A detailed description of the proposed activity, including an estimate of the expected number of people expected to attend.
- Statement of how the activity furthers the cultural or educational interests of the state, or supports the mission of one or more of the resident agencies.
- A precise description of the equipment, furniture, and any other embellishments that the applicant will provide and how they will be arranged, and a statement to the effect that the applicant agrees to be responsible for any set-up or removal required, and will provide the necessary proof of insurance if required.
Approval
1. Once application is received, the museum will enter desired date on the Joint Atrium Calendar as “tentative” and assign an appropriate sponsoring agency. The assigned sponsoring agency will select an appropriate staff member to then work with applicant on the details of event. This individual is responsible for obtaining all necessary approvals and notifications and oversight on day of event. Once event details are known, assigned agency staff member emails (*read receipt requested) resident agencies the completed application form for approval. Resident agencies have three days to reply; if no response is received, the event will be considered approved and the tentative status changed to confirmed on calendar by sponsoring agency. Completed paperwork is copied and distributed to all three resident agencies for their files, additional copies are sent to Cultural Building Housekeeping Staff and Capitol Police.
2. Permission to use the Atrium is non-transferrable or assignable either in whole or in part. Any change in the application request, or a cancellation, must be communicated to the sponsoring agency in a timely manner and, if a change, must be approved of by that agency.
3. The applicant shall indemnify, defend and hold harmless the State and its agents, officers and employees from any and all loss, liability or claim arising from the applicant’s use of the premises or activities of applicant. The sponsoring resident agency may if necessary require the applicant to secure special liability insurance to protect the public and the State and its agents in connection with the intended event.
6. FRIENDS OF THE MAINE STATE MUSEUM GIFT ACCEPTANCE POLICY
FRIENDS OF THE MAINE STATE MUSEUM POLICY ON THE ACCEPTANCE OF GIFTS
Approved by the Board of Directors on 11/16/2023
Presented to the Maine State Museum Commission on 1/16/2024
Friends of the Maine State Museum
83 State House Station, Augusta, ME 04333
207-287-2304 | friends.museum@maine.gov
PURPOSE OF THIS POLICY
The mission of Friends of the Maine State Museum (“FMSM”) is to provide financial support and public advocacy for Maine State Museum (the “museum”) programming, and together with museum staff seek opportunities for expansion of financial support from individuals, foundations, and corporations for specific museum objectives. FMSM is established as a separate 501(c)(3) nonprofit for this purpose by Maine Statute, MRS Title 27, Chapter 2, §83, 6.
To fulfill its mission FMSM appreciates donors’ consideration of any gift to FMSM. We would be happy to provide a copy of this Policy on the Acceptance of Gifts (the “Policy”) to anyone with whom a donor consults in the course of considering a gift and to answer any questions this Policy may raise for any potential donor. Please call FMSM’s Membership and Development Director at (207) 287-2304 if you have any questions or if you wish to discuss any aspect of this Policy.
General considerations affecting gifts of all kinds are described in Part One of the Policy. The various means in which gifts may be made are described in Part Two. The different sorts of property FMSM can accept are described in Part Three.
PART ONE: GENERAL POLICIES RELEVANT TO ALL GIFTS
1. Acceptance Process. Gift-giving is generally a simple, straightforward process. Certain types of gifts, however, require approval from FMSM’s Board of Directors (“Board”) and/or review by the Maine State Museum Director or Commission and are identified below. Gifts that do not need to be accepted by the Board or reviewed by the Museum Director or Commission may be accepted by the Director of Membership on FMSM’s behalf.
2. Restricted Gifts. Like all charitable organizations, FMSM prefers gifts in general support of our goals to gifts that are restricted to limited purposes. Unrestricted support helps ensure that FMSM and the museum will be able to respond to changes not presently foreseeable in the needs and desires of the people they serve. FMSM is therefore pleased to accept gifts directed to already established restricted purposes, such as those formally approved for a specific fundraising campaign or those for established restricted funds, such as the Heritage Fund for the acquisition and conservation of collections or the Joseph R. Phillips Museum Education Program Fund. Gifts for unestablished restricted purposes supporting FMSM operations must be sizable enough to reasonably ensure that the donor’s wishes can be fulfilled and must be approved by the Board. Gifts for unestablished restricted purposes that directly impact museum operations must be sizable enough to reasonably ensure that the donor’s wishes can be fulfilled and must be reviewed by the Museum Director to ensure that the restriction is within the museum’s legislative mandate and may reasonably be accommodated within the museum’s existing programs. As the Museum Director may determine, in some circumstances the nature of the gift or restriction may warrant the review of the Commission as well. Gifts restricted to fund a new endowment program or function can be accepted and held as separate, identified funds in FMSM’s accounts if they exceed $50,000 or may reasonably be expected to exceed that amount when FMSM comes into possession of them in the future. Gifts for purposes that are not consistent with the mission of FMSM, the legislative mandate of the museum, or consonant with their current or anticipated future programs cannot be accepted.
Gifts made for current use for an already established restricted purpose may be accepted by the Director of Membership. Gifts for unestablished restricted purposes that impact FMSM operations must be accepted by the Board. Gifts for unestablished restricted purposes that impact museum operations may be accepted by the Director of Membership once reviewed by the Museum Director and, if warranted, the Commission. Gifts to create endowment funds for particular purposes are subject to review and approval by both the Board and the Commission.
3. Employment of Counsel. In some circumstances, it is prudent for FMSM to work with legal counsel in structuring significant gifts. When those circumstances arise, FMSM employs, at its own expense, counsel independent of the prospective donor(s). The instances in which FMSM expects to work with counsel are identified below. We encourage donors to consult their own legal and tax counsel as their needs may require, and we ask that all potential contributors to FMSM understand that counsel working with FMSM to structure a gift cannot also work with or represent the person making the gift. FMSM and its employees and agents are prohibited from advising donors about the tax consequences of their donations, so donors should seek advice on the tax ramifications of any gift to FMSM from independent legal or tax advisors.
4. Fees and Commissions. We do not pay “finder’s fees” or commissions to third parties in connection with any kind of gift to FMSM. No officer, employee or agent of FMSM is or will be compensated in a manner that is dependent on the size or nature of gifts made to FMSM by any person. When FMSM engages legal counsel, accounting professionals, appraisers or environmental consultants, their fees and expenses will be determined by the time they spend engaged in FMSM’s work and not by reference to any gift about which they are retained. Their fees will be paid by FMSM. Any such professional engaged by FMSM will be clearly identified to the donor or potential donor as working on behalf of FMSM and not on behalf of the donor.
5. Establishing the Value of Donated Property. FMSM will comply fully with the valuation rules set out in Publication 561 of the Internal Revenue Service (or any successor ruling or regulation) and the relevant income, gift and estate tax laws and regulations. Copies of Publication 561 are available at www.irs.gov or at FMSM’s office. Property contributed to FMSM that has a value in excess of $5,000 must be accompanied by an appraisal if requested by the Board. The appraiser must be “qualified,” as that term is used in IRS Publication 561. A “qualified appraiser” is one who is ordinarily in the business of appraising similar property, has appropriate educational and experiential background, who performs appraisals for many different people, enterprises, and purposes. FMSM does not determine the value of non-cash donations.
FMSM reserves the right to alter the value of property contributed to it on the books and records of FMSM for accounting, tax-reporting, annual fund record-keeping, capital campaign record-keeping or any other purpose if developments after the completion of the gift or information that comes to the attention of FMSM after the gift is completed are determined, in the discretion of the Board or FMSM’s auditors, to merit such an alteration.
6. Tax Compliance. As of the date of this policy, donors of property other than cash and marketable securities which has a value of $500 or more are required to file IRS Form 8283 with their individual tax returns for the year in which such a gift is made if they intend to take an income-tax deduction for the gift. In each instance of FMSM receiving a gift to which this rule is applicable, FMSM will use its best efforts to call the attention of the donor to the applicability of this rule. The Internal Revenue Code also requires that if FMSM sells property that it has received by gift within three years after receiving the property, FMSM reports the fact of the sale and the amount of the proceeds to the Internal Revenue Service on Form 8282. FMSM will comply fully with this reporting requirement (or any successor ruling or regulation) and all other applicable aspects of state and federal tax law.
FMSM will not accept donations of property which give rise to unrelated business taxable income (“UBTI”).
7. Declining Gifts. FMSM’s Board reserves the right to decline any gift.
PART TWO: GIVING TECHNIQUES
1. Outright Gifts. Outright gifts are transfers made directly to FMSM for its immediate use. Such gifts maximize the value of the donation to FMSM and are generally similar and quicker to conclude than other kinds of donations. Whether an outright gift is to be accepted on FMSM’s behalf by the Director of Membership or by the Board depends on the nature of the property being donated.
The growth and success of FMSM and of the museum is not possible without the contributors to our capital campaigns and annual appeals. Donors who wish to sustain the excellence of the museum’s programs may write checks to “Friends of the Maine State Museum”.
2. Bequests. FMSM welcomes gifts left through wills or trust documents, Such gifts may be expressed as a specified amount or as a percentage of the residual trust estate.
In a will or a trust, a cash amount may be left to FMSM using the following language: “I give and devise to Friends of the Maine State Museum of Augusta, Maine (EIN 22-3181040), the sum of $______ to be used for its general charitable purposes.” Alternatively, a gift of a fraction of an estate’s or trust’s value may be made using language such as “I give and devise to Friends of the Maine State Museum of Augusta, Maine (EIN 22-3181040), ______ percent of the value of my residuary estate” (or “of my trust”).
If a donor or a professional advising a donor would like assistance in wording a bequest to FMSM or in properly identifying and describing a restricted purpose for which any such gift is to be used, the Director of Membership can put him or her in touch with representatives of FMSM or the museum who can provide that assistance. Because restricted gifts must be either approved by the Board or reviewed by the Museum Director and/or the Commission, discussion of the restricted purpose at the time the relevant document is drafted can avoid misunderstandings that can arise if FMSM first finds out about the gift after the donor has died. Gifts made to FMSM under a will or trust are subject to the same acceptance procedures, described in Part Two of this Policy, as gifts made during a donor’s lifetime, and it benefits both the donor and FMSM to know in advance if the subject of the gift and the terms on which it is made are agreeable to both parties. Discussion of the gift at the time the operative language is drafted assures that FMSM will be able to accept the gift on terms that meet the donor’s expectations.
In the event that FMSM must decline a gift made in a donor’s will or trust after the donor’s death, the decision to renounce the gift, and a renunciation document that is in a form acceptable to both FMSM and the representative of the estate or trust from which the transfer was to be made, will be delivered to the representative within three months after FMSM is informed of the gift, and every effort will be made to assure that the renunciation document is delivered to the estate or trust representative within nine months after the decedent’s death. In any case in which renunciation of a gift under a will or trust is contemplated, FMSM will consult legal counsel.
FMSM appreciates being advised by supporters that they have been named in estate plans, whether the remembrance is in the form of a restricted gift or an unrestricted one.
3. Beneficiary Designations. FMSM welcomes gifts in the form of being a designated a primary or contingent beneficiary of a bank account, investment fund, a donor-advised fund, retirement account, life insurance policies, and other financial instruments. As with bequests, a beneficiary designation may also be made in the form of a percentage (%) of the donor’s assets held in the account or fund.
To include a gift of support for FMSM through a beneficiary designation, please include the following information:
Friends of the Maine State Museum of 83 State House Station, Augusta, Maine
(EIN 22-3181040)
4. Bargain Sales. Bargain sales to FMSM (in which a donor sells property to a charitable organization and receives less than the fair market value in return) are possible only with the approval of the Board. FMSM will retain legal counsel to consider any such sale. Whether other steps are necessary before the consummation of any such sale will depend on the nature of the property to be sold, as described in Part Three of this Policy.
5. Donor Advised Funds. Donor Advised Funds (DAFs) are philanthropic vehicles established at public charities, such as the Maine Community Foundation, that allow donors to make charitable contributions, receive immediate tax benefits, and then recommend grants from the funds over time. DAFs are administered by the public charity receiving the initial contribution. Gifts to FMSM from DAFs are typically accepted in the form of checks or electronic fund transfers and processed accordingly. No gift receipt will be issued to the individual who recommended a DAF grant to FMSM; however, the individual’s giving record with FMSM will be credited with the value of the gift. Gifts to FMSM from DAFs cannot be used to make payments on personal pledges of the individuals who made the gift recommendations to their DAFs. Pledges from individual donors that are likely to be paid in full or part through either a DAF must be written in the form of a non-binding statement of intention in order to prevent the donor, foundation, or donor-advised fund from potentially violating certain provisions against self-dealing under the federal tax laws.
6. Charitable Remainder Trusts. FMSM welcomes being the beneficiary of a charitable remainder annuity trust or charitable remainder unitrust provided they have not been designated to serve as trustee. This policy is intended to assure that such trusts receive the full-time investment management that they deserve and to eliminate any possibility of a conflict of interest in investment choices or any other subject between the current annuity or unitrust beneficiaries of such trusts and FMSM as remainder beneficiary. Representatives of FMSM are, however, available to cooperate with any potential donor to a charitable remainder trust in tailoring the provisions of those trusts to the donor’s particular situation.
FMSM reserves the right to decline remainders under trust instruments created without its knowledge if the nature of the property or the conditions of its use are not consistent with the best interests and other activities of FMSM. Decisions on whether to accept trust remainders that consist of property other than cash or marketable securities or which are subject to use restrictions are made by the Board. Unrestricted remainders consisting of cash or marketable securities may be accepted by the Director of Membership.
7. Charitable Lead Trusts. FMSM welcomes being the beneficiary of a charitable lead trust provided they have not been designated to serve as trustee, for reasons similar to those outlined above in the discussion of charitable remainder trusts. As with remainder trusts, however, representatives of FMSM are available to cooperate in the establishment of such trusts to assure that payments to FMSM from any such trust can be used by FMSM in accordance with the donor’s wishes and expectations.
FMSM reserves the right to decline to accept distributions from charitable lead trusts in the drafting of which FMSM has not been consulted if the distributions consist of property other than cash or marketable securities or if the uses to which the distributions are to be put are restricted under the terms of the trust instrument to purposes not consistent with the mission of FMSM or the legislative mandate and programs of the museum.
8. Pooled Income Fund. FMSM does not offer a pooled income fund at this time. However, this policy will be reviewed by the Board on a regular basis and FMSM may offer this opportunity in the future.
9. Charitable Gift Annuities. FMSM does not offer Charitable Gift Annuities at this time. However, this policy will be reviewed by the Board on a regular basis and FMSM may offer this opportunity in the future.
10. Gifts of Remainders in Residences or Farms. FMSM does not accept gifts of remainders in residences or farms at this time. However, this policy will be reviewed by the Board on a regular basis and FMSM may offer this opportunity in the future.
PART THREE: PROPERTY THAT MAY BE DONATED TO FMSM
The intent of this policy is to guide the acceptance of gifts for their monetary or functional value. Please note that while FMSM may facilitate the introduction of donors who wish to donate objects to the museum collections, FMSM has no formal role in accepting such gifts. All offers of objects for the museum’s collections will be referred to the Museum Director.
1. Gifts of Cash. The most frequent, and simplest, means of supporting the work of FMSM is by cash or check. Checks should be made payable to the “Friends of the Maine State Museum.” Checks payable to any employee, officer or agent of FMSM cannot be accepted. Funds may also be wired to FMSM’s bank account, if a donor desires to do so, and wiring arrangements can be made through FMSM’s Director of Membership. Funds will be treated as having been received by FMSM when a check arrives at FMSM’s office or funds wired to an account maintained by FMSM are credited to that account.
2. Publicly Traded Securities. Any unrestricted stocks or American Depository Receipts that are traded on the New York (NYSE) or NYSE American Stock Exchange (AMEX) or through the NASDAQ system or any other recognized domestic stock exchange, and corporate and government bonds for which there is an established market (“marketable securities”), are welcome as contributions to FMSM and may be accepted by the Director of Membership. Donors wishing to make a gift of securities should contact the Director of Membership for instructions on how to make the transfer to FMSM’s agency fund at the Maine Community Foundation. The gift date will be the date the transfer hits the Maine Community Foundation’s account. Securities traded exclusively in markets outside the United States can only be accepted with the approval of the Board. Marketable securities will be sold by FMSM promptly upon receipt so that their proceeds may be invested in a manner consistent with FMSM’s overall investment policies.
3. Tangible Personal Property. The term “tangible personal property” applies to any property that is not real estate, cash or securities and has an intrinsic utility. As stated above, FMSM has no formal role in the donation of objects to the museum’s collections and will refer any such offers to the Museum Director.
FMSM gladly accepts contributions of tangible personal property that can be used in the performance of its work. Such property might include furniture, office equipment, and office supplies, among other things. Gifts of tangibles that will clearly be usable immediately in FMSM’s operations may be accepted by the Director of Membership. When such gifts are accepted, the Director of Membership will provide the donor with an appropriate acknowledgment of the gift in which the intention of FMSM to retain the donated property for use in the performance of its charitable functions will be clearly stated.
Gifts of other kinds of tangible personal property that will not be used in FMSM’s programs will not be accepted.
As of the date of this policy, donors are required to file IRS Form 8283 if they contribute tangible personal property with a value in excess of $500, and FMSM is required to file Form 8282 with the IRS if the tangibles are sold within three years after FMSM receives them. FMSM will comply fully with this reporting requirement (or any successor ruling or regulation) and all other applicable aspects of state and federal tax law.
4. Gifts of Life Insurance. Gifts to FMSM of fully paid whole life, ordinary life or endowment policies on which no future premium payments are due may be accepted by the Director of Membership. FMSM cannot accept a gift of a term life insurance policy without cash value. Gifts of life insurance policies naming multiple beneficiaries will be referred to the Board for its consideration before acceptance. FMSM will not accept gifts of cash or property from a donor if the use of the gift is restricted to the purchase of a life insurance policy on the donor or any other person.
As of the date of this policy, donors are required to file IRS Form 8283 if they contribute an insurance policy with a value in excess of $500, and FMSM is required to file Form 8282 with the IRS if the policy is sold within three years after FMSM receives it. FMSM will comply fully with this reporting requirement (or any successor ruling or regulation) and all other applicable aspects of state and federal tax law.
5. Miscellaneous Property Interests. Contributions of unusual property rights, such as mortgages, non-marketable notes, assignments of rent due under leases, oil and gas interests, patents, copyrights, royalties, frequent flyer miles and easements can only be accepted by FMSM with the approval of the Board. If the gift requires significant administrative oversight or other significant investment of FMSM resources, FMSM may decline the gift.
6. Closely Held and Restricted Securities. At this time FMSM does not accept corporate stock for which there is no established market that is readily accessible to FMSM, including the stock of “Subchapter S Corporations,” stock which is subject to trading restrictions, partnership interests in general or limited partnerships or in limited liability partnerships, and memberships in limited liability companies that are not traded on an established domestic securities exchange (“closely held securities”). However, this policy will be reviewed by the Board on a regular basis and FMSM may accept such gifts in the future.
7. Real Estate. At this time FMSM does not accept gifts of real estate. However, this policy will be reviewed by the Board on a regular basis and FMSM may accept such gifts in the future.