Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB996 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	ENGR. S. B. NO. 996 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 60th Legislature (2025)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 996 By: Jech of the Senate
37	30
38	31		and
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40	33		Dobrinski of the House
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45	38		An Act relating to museums; defining terms; providing
46	39		for acquisition of legal title to certain
47	40		undocumented property; providing for acquisition of
48	41		legal title of certain loaned property; requiring
49	42		furnishing of notice; requiring fulfillment of
50	43		certain obligations; establishing time limit to bring
51	44		certain action; providing for application of certain
52	45		conservation measures; limiting actions that may be
53	46		taken against a museum; providing recourse for
54	47		certain lenders following inadequate notice;
55	48		providing for ownership of certain property following
56	49		death of lender; providing for codification; and
57	50		providing an effective date .
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63	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
64	57		SECTION 1. NEW LAW A new section of law to be codified
65	58		in the Oklahoma Statutes as Section 2001 of Title 60, unless there
66	59		is created a duplication in numbering, reads as follows:
67	60		As used in this act:
	61	+	1. “Lender” means a person whose name appears in the records of
	62	+	the museum as the person legally entitled to property held by or on
	63	+	loan to the museum;
	64	+	2. “Lender’s last known address ” means a description of the
	65	+	physical or mailing address of the lender, as shown on the museu m’s
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69		-	SB996 HFLR Page 2
70		-	BOLD FACE denotes Committee Amendments. 1
	67	+	ENGR. S. B. NO. 996 Page 2 1
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95		-	1. “Lender” means a person whose name appears in the records of
96		-	the museum as the person legally entitled to property held by or on
97		-	loan to the museum;
98		-	2. “Lender’s last known address” means a description of the
99		-	physical or mailing address of the lender, as shown on the museum ’s
100	92		records pertaining to the property on loan from the lender, which is
101	93		sufficient for the purpose of delivering mail ;
102	94		3. “Loan”, “loaned”, and “on loan” mean all deposits of
103	95		property with a museum which are not accompanied by a transfer of
104	96		title to the property;
105	97		4. “Museum” means an organization which uses a professional
106	98		staff or the equivalent, whether paid or unpaid, that is primarily
107	99		engaged in the acquisition, care, and exhibition to the public of
108	100		objects, interactive displays , and exhibits owned or used by the
109	101		organization. Museums shall include organizations that:
110	102		a. are organized on a permanent or regular basis for
111	103		essentially educational or aesthetic purposes ,
112	104		b. own or use tangible objects, either animate or
113	105		inanimate, care for such objects, and exhibit such
114	106		objects to the general public on a regular basis at or
115	107		in facilities owned or operated by such organizations ,
116	108		and
117	109		c. provide educational and cultural programming ;
	110	+	5. “Person” means an individual, association, trust
	111	+	partnership, corporation , or similar organization having a legal
	112	+	interest in property in the possession of a museum ;
	113	+	6. “Property” means all tangible objects, animate and
	114	+	inanimate, under a museum ’s care which have intrinsic scientific,
	115	+	historic, artistic, or cultural value ; and
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119		-	SB996 HFLR Page 3
120		-	BOLD FACE denotes Committee Amendments. 1
	117	+	ENGR. S. B. NO. 996 Page 3 1
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145		-	5. “Person” means an individual, association, trust
146		-	partnership, corporation , or similar organization having a legal
147		-	interest in property in the possession of a museum ;
148		-	6. “Property” means all tangible objects, animate and
149		-	inanimate, under a museum ’s care which have intrinsic scientific,
150		-	historic, artistic, or cultural value ; and
151	142		7. “Undocumented property ” means property in the possession of
152	143		a museum for which the museum cannot determine the person with legal
153	144		interest by referencing the museum ’s records.
154	145		SECTION 2. NEW LAW A new section of law to be codifie d
155	146		in the Oklahoma Statutes as Section 2002 of Title 60, unless there
156	147		is created a duplication in numbering, reads as follows:
157	148		A. A museum may acquire legal title to undocumented property
158	149		held by a museum for seven (7) years or longer, verifiable through
159	150		written records, if there is no valid claim or contact by any person
160	151		in the following manner:
161	152		1. The museum shall publish a notice by publication in a
162	153		newspaper of record in the county of the museum . This notice shall
163	154		include:
164	155		a. a brief and general descr iption of the property,
165	156		b. the date or approximate date of the acquisition by the
166	157		museum, if known,
167	158		c. notice of the intent of the museum to claim title if
168	159		no valid claims are made within ninety (90) days from
	160	+	the date of the second notice prescribed in paragraph
	161	+	2 of this subsection , and
	162	+	d. the name and address of the museum representative to
	163	+	contact for more information or to make a claim; and
	164	+	2. If no valid claim is made after the ninetieth day, the
	165	+	museum shall publish a second notice by publication in the same
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170		-	SB996 HFLR Page 4
171		-	BOLD FACE denotes Committee Amendments. 1
	167	+	ENGR. S. B. NO. 996 Page 4 1
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196		-	the date of the second notice prescribed in paragraph
197		-	2 of this subsection , and
198		-	d. the name and address of the museum representative to
199		-	contact for more information or to make a claim; and
200		-	2. If no valid claim is made after the ninetieth day, the
201		-	museum shall publish a second notice by publication in the same
202	192		manner as prescribed in paragraph 1 of this subsection and shall
203	193		include the same provisions.
204	194		B. If the ninety-day notice period prescribed in subparagraph c
205	195		of paragraph 1 of subsection A of this section lapses without
206	196		submission of a valid cla im, clear and unrestricted title shall be
207	197		transferred to the museum as of the date described in subparagraph c
208	198		of paragraph 1 of subsection A of this section .
209	199		SECTION 3. NEW LAW A ne w section of law to be codified
210	200		in the Oklahoma Statutes as Section 2003 of Title 53, unless there
211	201		is created a duplication in numbering, reads as follows:
212	202		A. A museum may acquire legal title to loaned property pursuant
213	203		to this section. Upon the expiration date of the loan, the museum
214	204		shall attempt to notify the lender in writing to return the loan ed
215	205		property. If there is no written contact between the lender and the
216	206		museum for two (2) years following the expiration of the loan, the
217	207		museum shall send a n otice by certified mail, return receipt
218	208		requested, to the lender’s last known address. The notice shall
219	209		contain a statement that the loan is now terminated as well as all
	210	+	information required in the notice under paragraphs 1 and 2 of
	211	+	subsection A of Section 2 of this act. Notice is deemed to be
	212	+	provided if the museum receives proof of receipt within thirty (30)
	213	+	days after mailing the notice. If proof of delivery of the notice
	214	+	is not received within thirty (30) days from the date the notice was
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221		-	SB996 HFLR Page 5
222		-	BOLD FACE denotes Committee Amendments. 1
	216	+	ENGR. S. B. NO. 996 Page 5 1
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247		-	information required in the n otice under paragraphs 1 and 2 of
248		-	subsection A of Section 2 of this act. Notice is deemed to be
249		-	provided if the museum receives proof of receipt within thirty (30)
250		-	days after mailing the notice. If proof of delivery of the notice
251		-	is not received within t hirty (30) days from the date the notice was
252	241		mailed, the museum shall publish a notice by publication in a
253	242		newspaper of record in the county of the museum .
254	243		B. If the requirements of subsection A of this section are met,
255	244		the museum may acquire title to the loaned property by sending a
256	245		notice by certified mail, return receipt requested, to the lender ’s
257	246		last known address.
258	247		C. After title to the property is transferred to the museum,
259	248		any person having legal interest in the property shall have two (2)
260	249		years to bring an action against the museum to claim the proper ty.
261	250		At the end of this two -year period, no action or proceeding may be
262	251		brought against the museum or its employees or agents by a lender
263	252		for any good-faith action taken by the museum pursuant to this
264	253		chapter.
265	254		D. In order to take title to a loaned property pursuant to this
266	255		act, a museum shall have the fo llowing obligations to a lender:
267	256		1. The museum shall keep written records regarding the property
268	257		for at least two (2) years prior to the date of taking title
269	258		pursuant to this section;
	259	+	2. The museum shall keep written records on all loans acquired.
	260	+	Records shall contain the owner ’s name, address, phone number, the
	261	+	duration of the loan period , beginning date of the loan period, and
	262	+	an itemized list of property being loaned ;
	263	+	3. The museum shall notify a lender of property to the museum
	264	+	of a museum’s change of address or dissolution ;
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271		-	SB996 HFLR Page 6
272		-	BOLD FACE denotes Committee Amendments. 1
	266	+	ENGR. S. B. NO. 996 Page 6 1
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297		-	2. The museum shall keep written records on all loans acquired.
298		-	Records shall contain the owner ’s name, address, phone number, the
299		-	duration of the loan period , beginning date of the loan period, and
300		-	an itemized list of p roperty being loaned ;
301		-	3. The museum shall notify a lender of property to the museum
302		-	of a museum’s change of address or dissolution ;
303	291		4. The museum shall inform a lender of property, at the time
304	292		the loan is made, of state laws governing unclaimed property ; and
305	293		5. Upon expiration of the loan, the museum shall attempt to
306	294		contact the lender to return the loan ed property by phone,
307	295		electronic mail, and by certified mail .
308	296		E. Any person who lends property to a museum shall notify the
309	297		museum of a change of address or of a change in ownership of the
310	298		loaned property to ensure the retention of rights to the loaned
311	299		property.
312	300		SECTION 4. NEW LAW A new section of law to be codified
313	301		in the Oklahoma Statutes as Section 2004 of Title 53, unless there
314	302		is created a duplication in numbering, reads as follow s:
315	303		A. Unless there is a written loan agreement to the contrary, a
316	304		museum may apply conservation measures to or dispose of property on
317	305		loan to the museum without a lender ’s permission if immediate action
318	306		is required to protect the property on loan or to protect other
319	307		property in the custody of the museum, or the property on loan has
	308	+	become a hazard to the health and safety of the public or of the
	309	+	museum’s staff, and:
	310	+	1. The museum cannot reach the lender at the lender ’s last
	311	+	known address of record so that the museum and the lender can
	312	+	promptly agree on a solution; or
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321		-	SB996 HFLR Page 7
322		-	BOLD FACE denotes Committee Amendments. 1
	314	+	ENGR. S. B. NO. 996 Page 7 1
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347		-	become a hazard to the health and safety of the public or of the
348		-	museum’s staff, and:
349		-	1. The museum cannot reach the lend er at the lender’s last
350		-	known address of record so that the museum and the lender can
351		-	promptly agree on a solution; or
352	339		2. The lender will not agree to the protective measures the
353	340		museum recommends and is unwilling or unable to terminate the loan
354	341		and retrieve the property.
355	342		B. If a museum applies conservation measures to or disposes of
356	343		property under subsection A of this section, the museum shall:
357	344		1. Have a lien on the property and on the proceeds from any
358	345		disposition of the property for the costs incurred by the museum;
359	346		and
360	347		2. Not be liable for injury to or loss of the property if the
361	348		museum:
362	349		a. had a reasonable belief at the time the action was
363	350		taken that the action was necessary to protect the
364	351		property on loan or other property in the custody of
365	352		the museum, or that the property on loan constituted a
366	353		hazard to the health and safety of the public or the
367	354		museum’s staff, and
368	355		b. exercised reasonable care in the choice and
369	356		application of the conservation measures.
	357	+	C. A museum may apply conservation measures to or dispose of
	358	+	undocumented property in the possession of the museum if immediate
	359	+	action is required to protect the property or to protect other
	360	+	property in the custody of the museum, or the property has become a
	361	+	hazard to the health and safety of the public or of the museum ’s
	362	+	staff.
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371		-	SB996 HFLR Page 8
372		-	BOLD FACE denotes Committee Amendments. 1
	364	+	ENGR. S. B. NO. 996 Page 8 1
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397		-	C. A museum may apply conservation measures t o or dispose of
398		-	undocumented property in the possession of the museum if immediate
399		-	action is required to protect the property or to protect other
400		-	property in the custody of the museum, or the property has become a
401		-	hazard to the health and safety of the pub lic or of the museum ’s
402		-	staff.
403	389		D. If a museum applies conservation measures to or disposes of
404	390		undocumented property, the museum:
405	391		1. May impose a lien on the undocumented property and on the
406	392		proceeds from any disposition of the property for the costs incurred
407	393		by the museum; and
408	394		2. Is not liable for injury to or loss of the undocumented
409	395		property if the museum :
410	396		a. had a reasonable belief at the time the action was
411	397		taken that the action was necessary to protect the
412	398		property or other property in the custody of the
413	399		museum, or that the property constituted a hazard to
414	400		the health and safety of the public or the muse um’s
415	401		staff, and
416	402		b. exercised reasonable care in the choice and
417	403		application of the conservation measures.
418	404		SECTION 5. NEW LAW A new section of law to be codified
419	405		in the Oklahoma Statut es as Section 2005 of Title 53, unless there
420	406		is created a duplication in numbering, reads as follows:
	407	+	A. An action shall not be brought against a museum for damages
	408	+	because of injury to or loss of property loaned to the museum more
	409	+	than two (2) years from the date the museum gives the lender or
	410	+	person with legal interest notice of the injury or loss or two (2)
	411	+	years from the date of the injury or loss, whichever occurs earlier.
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422		-	SB996 HFLR Page 9
423		-	BOLD FACE denotes Committee Amendments. 1
	413	+	ENGR. S. B. NO. 996 Page 9 1
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448		-	A. An action shall not be brought against a museum for damages
449		-	because of injury to or loss of pro perty loaned to the museum more
450		-	than two (2) years from the date the museum gives the lender or
451		-	person with legal interest notice of the injury or loss or two (2)
452		-	years from the date of the injury or loss, whichever occurs earlier.
453	438		B. An action shall not be brought against a museum to recover
454	439		property more than two (2) years after the date the museum gives t he
455	440		lender or person with legal interest notice of its intent to acquire
456	441		the property.
457	442		C. An action shall not be brought against a museum to recover
458	443		property on loan more than two (2) years from the date of the last
459	444		written contact between the lender or pe rson with legal interest and
460	445		the museum as evidenced by the museum ’s records.
461	446		D. A lender is considered to have donated loaned property to
462	447		the museum if the lender fails to file an action to recover the
463	448		property on loan to the museum within the time perio ds specified in
464	449		subsections A through C of this section.
465	450		E. Notwithstanding the provisions of subsections C and D of
466	451		this section, a lender who was not given notice as provided in this
467	452		act, and who proves that the museum received an adequate notice of
468	453		intent to preserve an interest in loaned property within the two (2)
469	454		years immediately preceding the filing of an action to recover the
470	455		property, may recover the property or, if the property has been
	456	+	disposed of, the reasonable value of the property at the ti me it was
	457	+	disposed of plus interest at the legal rate.
	458	+	F. A museum is not liable at any time, in the absence of a
	459	+	court order, for returning property to the original lender even if a
	460	+	person other than the lender has filed a notice of intent to
	461	+	preserve an interest in property. If a person claims competing
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473		-	BOLD FACE denotes Committee Amendments. 1
	463	+	ENGR. S. B. NO. 996 Page 10 1
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498		-	disposed of, the reasonable value of the property at the time it was
499		-	disposed of plus interest at the legal rate.
500		-	F. A museum is not liable at any time, in the absence of a
501		-	court order, for returning property to the original lender even if a
502		-	person other than the lender has filed a notice of intent to
503		-	preserve an interest in property. If a person claims competing
504	488		interests in property in the possession of a museum, the burden is
505	489		upon the claimant to prove the interest in an action in equity
506	490		initiated by a claimant . A museum is not liable at any time for
507	491		returning property to an uncontested claimant who produced
508	492		reasonable proof of ownership or the existence of a security
509	493		interest.
510	494		G. Loaned property in the possession of a museum at the time of
511	495		the owner’s death, which would otherwise escheat to the state, shall
512	496		not escheat but shall be property of the museum to which it is
513	497		loaned.
514	498		SECTION 6. This act shall become effective November 1, 2025.
515		-	COMMITTEE REPORT BY: OVERSIGHT COMMITTEE ON COMMERCE AND ECONOMIC
516		-	DEVELOPMENT, dated - 04/17/2025 – DO PASS.
	499	+	Passed the Senate the 10th day of March, 2025.
	500	+
	501	+
	502	+
	503	+	Presiding Officer of the Senate
	504	+
	505	+
	506	+	Passed the House of R epresentatives the ____ day of __________,
	507	+	2025.
	508	+
	509	+
	510	+
	511	+	Presiding Officer of the House
	512	+	of Representatives
	513	+