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ENGROSSED HOUSE
BILL NO. 2161 By: Dobrinski of the House
and
Jech of the Senate
An Act relating to museum property; defining terms;
providing that a museum may acquire title to
undocumented property in certain instances; providing
procedure for museums to acquire title to
undocumented property; providing that a museum may
acquire title to loaned property in certain
instances; providing procedures for museums to
acquire title to loaned property; providing procedure
reclamation of property in cert ain circumstances;
providing obligations owed to a lender by a museum;
providing obligations owed to a museum by a lender;
providing that a museum may apply conservation
measures to or dispose of property on loan to the
museum in certain circumstances; pro viding procedure
if a museum applies conservation measures to or
disposes of property; providing that a museum may
apply conservation measures to or dispose of
undocumented property in certain circumstances;
providing procedure if a museum applies conserva tion
measures to or disposes of undocumented property;
providing for limitation of legal act ions against a
museum and limiting liability for a museum in certain
circumstances; providing that property on loan to
museum which would escheat to the state upon the
owners death shall instead become property of the
museum at which it is loaned to; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 2001 of Title 60, unless there
is created a duplication in numbering, reads as follows:
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As used in this act:
1. "Lender" means a person whose name appears on the records of
the museum as the person legally entitled to property held or on
loan to the museum;
2. "Lender's last-known address" means a description of the
physical or mailing address of the lender, as shown on the museum 's
records pertaining to the property on loan from the lender, which is
sufficient for the purpose of delivering mail ;
3. "Loan", "loaned", and "on loan" means all deposits of
property with a museum which are not accompanied by a transfer of
title to the property ;
4. "Museum" means an organization which uses a prof essional
staff or the equivalent, whether paid or unpaid, that is primarily
engaged in the acquisition, care, and exhibition to the public of
objects, interactive displays , or exhibits owned or used by the
institution. Further, a museum is understood to p ossess a variety
of the following characteristics:
a. is organized on a permanent or regular basis for
essentially educational or aesthetic purposes ,
b. owns or uses tangible objects, either animate or
inanimate,
c. cares for these objects ,
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d. exhibits these objects to the general public on a
regular basis at or in a facility which it owns or
operates, and
e. provides educational and cultural programm ing;
5. "Person" means an individual, association, trust
partnership, corporation or similar organization h aving a legal
interest in property in the possession of a museum ;
6. "Property" means all tangible objects, animate and
inanimate, under a museum 's care which have intrinsic scientific,
historic, artistic, or cultural value ; and
7. "Undocumented property " means property in the possession of
a museum for which the museum cannot determine the person with legal
interest by referencing the museum 's records.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2002 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A museum may acquire legal title to undocumented property
held by a museum for seven (7) years or longer, verifiable through
written records, with no va lid claim or contact by any person in the
following manner:
1. The museum shall publish a notice by publication in a
newspaper of record in the cou nty of the museum. This notice shall
include:
a. brief and general description of the property ,
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b. the date or approximate date of the acquisition by the
museum, if known,
c. notice of the intent of the museum to claim title if
no valid claims are made within ninety (90) days from
the date of the first notice , and
d. the name and address of the museum represent ative to
contact for more information or to make a claim ; and
2. If no valid claims have been made by the end of ninety (90)
days, the museum shall publish a second notice . This second notice
shall include:
a. a brief and general description of the prope rty,
b. the date or approximate date of the acquisition by the
museum, if known,
c. notice that the museum claims title to the property as
of the date described in subparagraph c of paragraph 1
of this subsection, and
d. the name and address of the museum representative to
contact for more information or to make a claim.
B. On compliance with subsection A of this section clear and
unrestricted title is transferred to the museum as of the date
described in subparagraph c of paragraph 1 of subsection A of this
section.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2003 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A museum may acquire legal title to l oaned property pursuant
to this section. Upon the expiration date of the loan, the museum
must attempt to notify the lender in writing in order to return the
loan. If, since the expiration date of the loan, two (2) years have
passed with no written conta ct between the lender and the museum or
if the loan has no expiration date and at least two (2) years have
passed since the loan was made and written contact between the
lender and the museum occurred, the museum shall send a notice by
certified mail, retu rn receipt requested, to the lender 's last-known
address. This notice shall contain a statement that the loan is now
terminated as well as all info rmation required in the notice under
paragraph 1 of subsection A of Section 2 of this act. Notice is
deemed given if the museum receives proof of receipt within thirty
(30) days after mailing the notice. If proof of delivery of the
notice is not received within thirty (30) days from the date the
notice was mailed, the museum shall publish a notice by publication
in the newspaper of record in the county where the museum is
located.
B. If the requirements of subsection A of this section are met,
the museum may acquire title to the loaned property by sending a
notice by certified mail, return receipt requested, t o the lender's
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last-known address. This notice shall contain all information
required in the notice under paragraph 2 of subsection A of Section
2 of this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2004 of Title 60, unless there
is created a duplication in numbering, reads as follows:
After title to the property is transfer red to the museum, the
person as defined in paragraph 5 of Section 1 of this act, has two
(2) years to bring an action against the museum to claim the
property. At the end of this two -year period no action or
proceeding may be brought against the museum, its employees, or
agents by a lender for any good faith action taken by the museum
pursuant to this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2005 of Title 60, unless there
is created a duplication in numbering, reads as follows:
In order to take title pursuant to this act, a museum shall have
the following obligations to a lender:
1. The museum must keep written records regarding the property
for at least two (2) years from the date of taking title pursuant to
this act;
2. The museum must keep written records on all loans acquired.
Records shall contain the owner 's name, address and phone number,
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the duration of the loan period and beginning date of the loan
period, as well as a n itemized list of property being loaned ;
3. The museum is responsible for notifying a lender of the
museum's change of address or dissolution ;
4. The museum shall inform the lender, at the time the loan is
made, of state laws governing unclaimed property ; and
5. Upon expiration of the loan, the museum must attempt to
contact the lender by phone, email, and l etter to return the loan.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2006 of Title 60, unless there
is created a duplication in numbering, reads as follows:
The lender shall notify the museum of a change of address or of
a change in ownership of the loaned property in order to ensure the
retention of rights to the loaned property.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2007 of Title 60, unless there
is created a duplication in numbering, reads as follows:
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 a lender's permission if immediate action
is required to protect the property on loan or to protect other
property in the custody of the museum, or the property on loan has
become a hazard to the health and safety of the public or of the
museum's staff, and:
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1. The museum cannot reach the lender at the lender 's last
address of record so that the museum and the lender can promptly
agree on a solution; or
2. The lender will not agree to the protective measures the
museum recommends, yet is unwilling or unabl e to terminate the loan
and retrieve the property.
B. If a museum applies conservation measures to or disposes of
property under subsection A of this section , the museum:
1. Has a lien on the property and on the proceeds from any
disposition of the prope rty for the costs incurred by the museum;
and
2. Is not liable for injury to or loss of the property if the
museum:
a. had a reasonable belief at t he time the action was
taken that the action was necessary to protect the
property on loan or other property in the custody of
the museum, or that the property on loan constituted a
hazard to the health and safety of the public or the
museum's staff, and
b. exercised reasonable care in the choice and
application of the conservation measures.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2008 of Title 60, unless there
is created a duplicati on in numbering, reads as follows:
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A. A museum may apply conservation measures to or dispose of
undocumented property in possession of the museum if immediate
action is required to protect the property or to protect other
property in the custody of the museum, or the property has become a
hazard to the health and safety of the public or of the museum 's
staff.
B. If a museum applies conservation measures to or disposes of
undocumented property, the museum:
1. May impose a lien on the undocumented property and on the
proceeds from any disposition of the property for the costs incurred
by the museum; and
2. Is not liable for injury to or loss of the undocumented
property if the museum:
a. had a reasonable belief at the time the action was
taken that the action was necessary to protect the
property or other property in the custody of the
museum, or that the proper ty constituted a hazard to
the health and safety of the public or the museum 's
staff, and
b. exercised reasonable care in the choice and
application of the conservation measures.
SECTION 9. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 2009 of Title 60, unless there
is created a duplication in numbering, reads as follows:
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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 two (2) years from the date the museum gives the lender or
person with legal interests notice of the injury or loss or two (2)
years from the date of the injury or loss, whichever occurs earlier.
B. An action shall not be brought against a museum to recover
property more than two (2) years after the date the museum gives the
person with legal interests notice of its intent to acquire the
property.
C. An action shall not be brought against a museum to recover
property on loan more than two (2) years from the date of the last
written contact between the lender or person with legal interest and
the museum as evidenced by the museum 's records.
D. A lender is considered to have donated loaned property to
the museum if the lender fails to file an action t o recover the
property on loan to the museum within the time periods specified in
subsections A through C of this section.
E. Notwithstanding subsections C and D of this section, a
lender who was not given notice as provided in th is act that the
museum intended to terminate a loan as provided in Section 3 of this
act, and who proves that the museum received an adequate notice of
intent to preserve an interest in loaned property, which satisfies
all of the requirements of Section 3 of this act, within the two (2)
years immediately preceding the filing of an action to recover the
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property, may recover the property or, if the property has been
disposed of, the reasonable value of the property at the time it was
disposed of plus interest at the legal rate.
F. A museum is not liable at any time, in the absence of a
court order, for returning property to the original lender even if a
person other than the l ender has filed a notice of intent to
preserve an interest in property. If a person claims competing
interests in property in the possession of a museum, the burden is
upon the claimant to prove the interest in an action in equity
initiated by a claimant. A museum is not liable at any time for
returning property to an uncontested claimant who produced
reasonable proof of ownership or the existence of a security
interest pursuant to Section 3 of this act.
SECTION 10. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 2010 of Title 60, unless there
is created a duplication in numbering, reads as follows:
Loaned property in the possession of a museum at the time of the
owner's death, which would otherwise escheat to the state, shall not
so escheat but shall become property of the museum to which it is
loaned.
SECTION 11. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 11th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate