58-4001 Citation of act.
58-4001. Citation of act. K.S.A. 58-4001 through 58-4013 shall be known and may be cited as the museum property act. History: L. 1989, ch. 120, § 1; July 1.
58-4002 Definitions.
58-4002. Definitions. As used in K.S.A. 58-4001 through 58-4013, unless the context otherwise requires: (a) “Claimant” means a person who files a notice of intent to preserve an interest in property on loan to a museum as provided in K.S.A. 58-4007. (b) “Claimant’s address” means the most recent address as shown on a notice of […]
58-4003 Notices; required information; certified mail; publication.
58-4003. Notices; required information; certified mail; publication. (a) In addition to any other information prescribed for a particular notice, all notices given pursuant to this act shall contain the following information: (1) The lender’s name, or the claimant’s name, as appropriate; (2) the lender’s last known address, or the claimant’s last known address, as appropriate; […]
58-4004 Authority to apply conservation measures or dispose of property on loan; effect.
58-4004. Authority to apply conservation measures or dispose of property on loan; effect. (a) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without the lender’s or claimant’s permission, or formal notice, if: (1) Immediate action is required […]
58-4005 Loaned property; acquisition of title.
58-4005. Loaned property; acquisition of title. (a) A museum may acquire title to loaned property pursuant to this section. A museum may give notice of termination of a loan of property at any time if either of the following apply: (1) The property was loaned to the museum for an indefinite term; or (2) the […]
58-4006 Undocumented property; acquisition of title.
58-4006. Undocumented property; acquisition of title. (a) A museum may acquire title to undocumented property held by a museum for seven years or longer with no valid claim or written contact by any person, all verifiable through the museum’s written records, by giving notice of acquisition of title to undocumented property. (b) If a lender […]
58-4007 Preservation of interest in loaned property; notice, contents.
58-4007. Preservation of interest in loaned property; notice, contents. (a) A notice of intent to preserve an interest in property on loan to a museum filed pursuant to this act shall be in writing and contain all of the following information: (1) A description of the property adequate to enable the museum to identify the […]
58-4008 Limitations on certain actions regarding loaned property; exceptions; nonliability for returning property.
58-4008. Limitations on certain actions regarding loaned property; exceptions; nonliability for returning property. On and after July 1, 1990: (a) An action shall not be brought against a museum for damages because of injury to or loss of property loaned to the museum more than three years from the date the museum gives the lender […]
58-4009 Museum obligations to lender or claimant.
58-4009. Museum obligations to lender or claimant. In order to take title pursuant to this act, a museum has the following obligations to a lender or claimant: (a) The museum shall retain all written records regarding the property for at least three years from the date of taking title pursuant to this act. (b) The […]
58-4010 Property records; retention period.
58-4010. Property records; retention period. On or after January 1, 1990, a museum shall at minimum maintain and retain the following records, either originals or accurate copies, for a period of not less than 25 years: (a) A notice of intent to preserve an interest in property; (b) the loan agreement, if any; (c) a […]
58-4011 Property lender or claimant; required notices.
58-4011. Property lender or claimant; required notices. (a) The lender or claimant of property on loan to a museum shall notify the museum of a change of address or change in ownership of the property. Failure to notify the museum of these changes may result in the lender’s or claimant’s loss of rights in the […]
58-4012 Act exclusive procedure for museums; exception, state historical society.
58-4012. Act exclusive procedure for museums; exception, state historical society. (a) The state historical society and its institutions and libraries may, at its option, acquire title to property pursuant to the provisions of this act or pursuant to the provisions of K.S.A. 33-104 and amendments thereto. (b) Museums, other than the state historical society and […]
58-4013 Retroactive application.
58-4013. Retroactive application. (a) K.S.A. 58-4001 through 58-4007 are retroactively applicable to all property in the possession of a museum within the state on or after January 1, 1989. (b) K.S.A. 58-4008 is effective July 1, 1990, and when effective is retroactively applicable to all property in the possession of a museum before July 1, […]