§ 13-5-1001. Title
This subchapter shall be known and may be cited as the “Museum Property Act”.
§ 13-5-1002. Purpose
The purpose of this subchapter is to: (1) Establish procedures for vesting in a museum ownership of abandoned or undocumented property in the possession of the museum; (2) Establish procedures to terminate loans of property to a museum; (3) Allow a museum to conserve or dispose of loaned or undocumented property under certain conditions; and […]
§ 13-5-1003. Definitions
As used in this subchapter: (1) “Address” means the most recent location of a claimant or lender as indicated by a museum’s records pertaining to the property; (2) (A) “Claimant” means a person who has established or claims entitlement to or an interest in property held by a museum. (B) “Claimant” does not mean a […]
§ 13-5-1004. Procedure for obtaining ownership of an abandoned loan
(a) By complying with subsection (b) or subsection (c) of this section, a museum may obtain ownership of a loan if: (1) The loan agreement has expired; or (2) Both: (A) The loan has been in the museum’s custody for more than ten (10) years; and (B) The loan agreement does not provide for a […]
§ 13-5-1005. Museum’s right to claim ownership of undocumented property
(a) Undocumented property in the possession of a museum shall become the museum’s property if no person has claimed the undocumented property within seven (7) years after the museum documented possession of the undocumented property. (b) This section does not vest ownership of the undocumented property in the museum if the undocumented property is determined […]
§ 13-5-1006. Duties of museum concerning a loan
(a) At the time of a loan to a museum, the museum shall: (1) Make and retain a written record of the following: (A) The lender’s name, address, and telephone number; (B) A description of the loan; (C) The date of the loan; and (D) The expiration date of the loan; and (2) Provide the […]
§ 13-5-1007. Duties of lender concerning the lender’s loan
(a) A lender who has made a loan to a museum shall promptly notify the museum in writing about a change in: (1) The lender’s address; and (2) (A) A change in the ownership of the loan. (B) (i) It shall be the responsibility of the owner of a loan to provide sufficient proof of […]
§ 13-5-1008. Lien for expenses for care of unclaimed property
A museum has a lien on unclaimed property for any expenses incurred while caring for the unclaimed property.
§ 13-5-1009. Conservation measures
(a) If immediate conservation is necessary to protect a loan, a museum’s property, or the safety and welfare of the public and the museum’s staff and the loan agreement between the museum and the lender does not provide otherwise, a museum has the right to apply conservation measures to a loan without the lender’s permission. […]
§ 13-5-1010. Transfer of title to museum
A museum which acquires ownership of property under this subchapter receives the property free of any claim by a claimant or lender.
§ 13-5-1011. Records retention schedule
A museum shall keep all records relating to loans and undocumented property while the museum has possession of the property or for twenty-five (25) years, whichever period of time is longer.
§ 13-5-1012. Conflicts with § 18-28-201 et seq
This subchapter controls in the event that it conflicts with any of the provisions of § 18-28-201 et seq.
§ 13-5-1013. Rules
The Department of Parks, Heritage, and Tourism shall promulgate rules to carry out the provisions of this subchapter, including, but not limited to, rules concerning the form and substance of loan agreements.