Chapter 23 - Museums - Loaned Property - Wyoming Statutes

CHAPTER 23 - MUSEUMS - LOANED PROPERTY

 

34-23-101. Definitions.

 

 

(a) For purposes of this chapter:

 

(i) "Lender" means the actual owner of loanedproperty or his duly authorized agent, trustee, conservator, custodian, heir,fiduciary or any other person capable of having an interest in property;

 

(ii) "Lender's address" means the most recent addressas shown on the museum's records pertaining to the property on loan from thelender;

 

(iii) "Loan" means all deposits of property with amuseum which are not accompanied by a transfer of title to the property orother evidence of donative intent;

 

(iv) "Museum" means an institution located in Wyomingand operated by a nonprofit corporation or a public agency primarily foreducational, scientific or aesthetic purposes and which owns, borrows, caresfor, exhibits, studies or archives property;

 

(v) "Property" means all tangible objects, organicand inorganic, under a museum's care which have intrinsic scientific, historic,artistic or cultural value.

 

34-23-102. Notice to lender.

 

 

(a) If a museum accepts a loan of property on or after July 1,1992 for a period of time exceeding ninety (90) days that is not subject to awritten loan agreement, the museum shall give the lender the written noticerequired by this section.

 

(b) If a museum holds loaned property acquired between July 1,1982 and June 30, 1992 which is not subject to a written loan agreement, orholds loaned property acquired prior to July 1, 1982 which is not subject to awritten loan agreement and which is not subject to subsection (f) of thissection, the museum may give the lender the written notice required by thissection.

 

(c) Notice to a lender by a museum shall be deemed given underthis chapter if sent by certified mail to the lender's address, return receiptrequested. If the lender's address is not available to the museum or if proofof receipt is not received by the museum, notice shall be by publication atleast once a week for three (3) successive weeks in a newspaper of generalcirculation in both the county in which the museum is located and the county ofthe lender's address, if any.

 

(d) The notice shall contain the lender's name, the lender'saddress, the date of the loan, a description of the property loaned, the name,address and telephone number of the appropriate office or official to be contactedat the museum for information regarding the loan, an explanation of thelender's responsibilities to notify the museum of any change of address orownership pursuant to W.S. 34-23-103, an explanation of the lender's right tofile a notice of intent to preserve an interest pursuant to W.S. 34-23-104 andan explanation of when a museum acquires title to property originally loaned toit as provided in W.S. 34-23-104(b).

 

(e) For purposes of this section, a museum is located in thecounty of its principal place of business or in the county in which any branchof the museum is located if the loan is made to the museum branch.

 

(f) If a museum holds loaned property acquired prior to July 1,1982 which is not subject to a written loan agreement, and more than ten (10)years have elapsed without written donor contact indicating the deposit is nota gift, the deposit is presumed to be a gift. The presumption of a gift underthis subsection may be rebutted by submission of written documentation by thelender prior to July 1, 1995 establishing that the deposit was a loan. Failureby the lender to submit documentation to the museum under this subsection priorto July 1, 1995 shall result in transfer of ownership of the loaned property tothe museum.

 

34-23-103. Lender's duties.

 

Thelender of property on loan to a museum shall notify the museum promptly inwriting of any change of address or change in ownership of the property. Failure to notify the museum pursuant to this section may result in the lender's loss of ownership in the property.

 

34-23-104. Intent to preserve an interest.

 

 

(a) The lender may file with a museum a notice of intent topreserve an interest in the property on loan to the museum within sixty (60)days of receipt of the notice required in W.S. 34-23-102. Filing of the noticedoes not validate or make enforceable any claim which would be extinguishedunder the terms of a written loan agreement or which would otherwise be invalidor unenforceable. The notice of intent to preserve an interest shall beeffective for ten (10) years. The museum shall notify the lender by certifiedmail, return receipt requested, within thirty (30) days of the expiration ofthe initial ten (10) year period covered by the lender's notice of intent topreserve an interest. The lender may extend his intent to preserve an interestfor ten (10) years by filing another notice in accordance with this section.

 

(b) Failure to timely file a notice of intent afternotification by a museum as provided for in W.S. 34-23-102, or failure totimely refile a notice of intent within ten (10) years of the original filingof notice, or failure to claim loaned property at the termination of the loanperiod shall result in transfer to the museum of ownership of the loaned property.

 

(c) Failure to file a notice of intent, or to refile a noticeof intent within ten (10) years of the original filing of notice pursuant tothis section, shall result in transfer to the museum of ownership of the loanedproperty immediately, or if any lending agreement is in effect the terminationof any lending agreement.

 

(d) Notice of intent to preserve an interest shall:

 

(i) Be in writing;

 

(ii) Contain a description of the property adequate to enablethe museum to identify the property;

 

(iii) Be accompanied by documentation sufficient to establish thelender as the owner of the property; and

 

(iv) Be signed under penalty of perjury by the lender or by aperson authorized to act on behalf of the lender.

 

(e) A museum is not required to retain a notice of intent topreserve an interest which does not meet the requirements of subsection (d) ofthis section. Any museum not retaining the notice pursuant to this subsectionshall promptly notify the lender at the address given on the notice of itsdetermination that the notice is ineffective to preserve an interest and thereasons the notice is ineffective. Retention of a notice under this section isnot an implication that the museum accepts the sufficiency or accuracy of thenotice or that the notice is effective to preserve an interest in property onloan to the museum.

 

(f) Unless the loaned property is returned to the lender, themuseum shall retain the original or a copy of each notice to preserve aninterest for a period of not less than ten (10) years.

 

(g) The museum shall furnish any person filing notice underthis section proof of receipt of notice by mailing a receipt to the lender atthe address given on the notice within thirty (30) days after receipt of thenotice.

 

(h) The provisions of this section are not intended to affector alter the terms of a written loan agreement.

 

(j) All rights and obligations of a lender in property loanedto a museum under this chapter shall pass to the lender's estate upon the deathof the lender.

 

(k) The notice requirements of this section do not apply toloaned property held by a museum pursuant to W.S. 34-23-102(f).

 

34-23-105. Conservation or disposal of loaned property.

 

 

(a) A museum may apply measures to or dispose of property onloan to the museum without the permission of the lender if:

 

(i) No notice of intent to preserve an interest has been filedor refiled pursuant to W.S. 34-23-104(a) and any applicable lending agreementhas terminated;

 

(ii) No notice of intent to preserve an interest has been filedand the lending agreement is still in effect or a notice of intent to preservean interest has been filed within ten (10) years of the proposed conservationmeasure or disposal but:

 

(A) Immediate action is required to protect the property onloan or other property in the custody of the museum and the lender cannot bereached at his last known address;

 

(B) Immediate action is required because the property on loanhas become a hazard to the health and safety of the public or the museum staffand the lender cannot be reached at his last known address; or

 

(C) The lender does not agree to the conservation measures orto the disposal but is not willing or able to terminate the loan and retrievethe property.

 

(iii) The museum holds the property as a presumed gift pursuantto W.S. 34-23-102(f).

 

(b) Any museum applying conservation measures to property pursuant to paragraph (a)(ii) or (iii) of this section shall acquire ownershipof the property or any proceeds from the disposition of the property. Anymuseum disposing of property pursuant to paragraph (a)(ii) or (iii) of thissection shall not be liable for damage caused by sale of the property.

 

34-23-106. Notice of injury or loss.

 

Amuseum shall provide prompt notice to the lender of any known injury to or lossof property on loan.

 

34-23-107. Notice of intent to terminate loan.

 

 

(a) A museum may provide notice of the museum's intent toterminate a loan:

 

(i) To a lender who has filed a notice of intent to preserve aninterest;

 

(ii) To a lender who has not filed a notice of intent topreserve an interest if a lending agreement is still in effect; or

 

(iii) To a lender of property held pursuant to W.S. 34-23-102(f)if the lender has submitted written documentation that the deposit was a loanwithin the period provided by W.S. 34-23-102(f).

 

(b) The notice shall include a description of the property, thename, address and telephone number of the appropriate office or official to becontacted at the museum, and a statement containing substantially thefollowing information:

 

"The records of....(name of museum) indicate that you have property on loan to the museum. The museum intends to terminate the loan. You are required by law to contactthe museum, establish your ownership of the property and make arrangements tocollect the property. If you fail to do so within one (1) year following thedate of notice, you will be considered to have donated the property to themuseum as provided under W.S. 34-23-108."

 

34-23-108. Limitations on actions against the museum.

 

 

(a) Any action against a museum for damages because of injuryto or loss of property loaned to the museum is barred unless commenced withinone (1) year from the date the museum provides notice to the lender of theinjury or loss or within three (3) years from the date of the injury or loss,whichever occurs earlier.

 

(b) Any action against a museum to recover property on loan isbarred unless commenced within one (1) year from the date the museum providesnotice to the lender of its intent to terminate the loan provided under W.S.34-23-107 or within ten (10) years from the date of notice of intent topreserve an interest in the property is filed with the museum under W.S.34-23-104, whichever date is earlier.

 

(c) Property loaned to the museum for which the lender fails tofile an action for damages or recovery within the periods specified bysubsections (a), (b) and (f) of this section shall be considered donated to themuseum.

 

(d) Notwithstanding subsections (b) and (c) of this section, alender of property, other than property held by a museum pursuant to W.S.34-23-102(f), not provided notice of the intention of the museum to terminate aloan and providing proof that the museum received a notice of intent topreserve an interest in loaned property within ten (10) years immediatelypreceding the filing of an action to recover the property, may recover theproperty or if the property has been disposed of, the reasonable value of the propertyat the time of disposition plus interest at five percent (5%) per year.

 

(e) Any person purchasing property from a museum acquires goodtitle to the property if the museum represents that title to the property hasbeen acquired pursuant to this chapter.

 

(f) Any action against a museum to recover property held by themuseum pursuant to W.S. 34-23-102(f) is barred from and after July 1, 1995unless the lender submits the documentation required by W.S. 34-23-102(f) tothe museum prior to July 1, 1995.