Pennsylvania SB 98: An Act providing for museum unclaimed loaned property.

Bill Text

PRINTER'S NO. 53
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 98
Session of
2025
INTRODUCED BY PHILLIPS-HILL, FONTANA AND STEFANO,
JANUARY 22, 2025
REFERRED TO STATE GOVERNMENT, JANUARY 22, 2025
AN ACT
Providing for museum unclaimed loaned property.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Legislative findings.
Section 3. Purpose of act.
Section 4. Definitions.
Section 5. Museum obligations to lenders.
Section 6. Lender obligations to museums.
Section 7. Liability.
Section 8. Termination of loans for unclaimed loaned property.
Section 9. Return or disposition of unclaimed loaned property.
Section 10. Title to unclaimed loaned property.
Section 11. Contractual obligations.
Section 12. Effect on other rights.
Section 13. Title to property acquired from museum.
Section 14. Expenses and conservation or protective measures.
Section 15. Effective date.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Museum
Unclaimed Loaned Property Act.
Section 2. Legislative findings.
The General Assembly finds and declares the following:
(1) The residents of this Commonwealth have an interest
in the growth and maintenance of museum collections and in
the preservation and protection of unclaimed loaned property
of artistic, historic, cultural or scientific value left in
the custody of museums within this Commonwealth.
(2) Loans of property of artistic, historic, cultural or
scientific value are made to museums to further educational
purposes.
(3) When lenders of property for museums fail to stay in
contact, museums must routinely store and care for the loaned
property long after the loan periods have expired or should
reasonably be deemed expired.
(4) Nevertheless, museums have limited rights to the use
and treatment of unclaimed loaned property, all the while
bearing substantial costs related to the storage,
recordkeeping, climate control, security, periodic
inspection, insurance, general overhead and conservation
associated with the unclaimed loaned property.
(5) It is in the public's interest to:
(i) Encourage museums and the lenders of property
for museums to use due diligence in monitoring the loaned
property.
(ii) Allocate fair responsibilities between museums
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and the lenders of property for museums.
(iii) Resolve expeditiously the issue of title of
unclaimed loaned property left in the custody of museums.
Section 3. Purpose of act.
The purpose of this act is to establish uniform rules to
govern the disposition of museum unclaimed loaned property.
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Claimant." An individual, corporation, partnership, trust,
estate or similar organization that files notice of intent to
preserve an interest in loaned property in the custody of a
museum as provided in section 9(b).
"Lender." An individual, corporation, partnership, trust,
estate or similar organization whose name appears on the records
of a museum as the person legally entitled to control loaned
property in the custody of the museum. The term includes a
successor of an original lender.
"Loan." A transaction between a lender and a museum
regarding property of the lender in which the museum maintains
custody of the property.
"Loaned property." Property that is in the possession of a
museum, accompanied by evidence that the lender of the property
intended to retain title to the property and return to take
physical possession of the property in the future.
"Museum." As follows:
(1) A public or private nonprofit agency or institution
that is:
(i) located in this Commonwealth;
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(ii) organized on a permanent basis for educational
or aesthetic purposes; and
(iii) owns or utilizes tangible objects, cares for
tangible objects and exhibits tangible objects to the
public on a regular basis.
(2) The term includes a historical society, park,
historic site, historic monument, archive or library.
"Museum records." Documents that are created or held by a
museum in the regular course of business of the museum.
"Property." A tangible or digital object that is in the
custody of a museum and that has intrinsic historical, artistic,
scientific or cultural value.
"Restricted certified mail." Certified mail that carries on
its face, in a conspicuous place where it will not be
obliterated, the endorsement "deliver to addressee only" and for
which the post office provides the mailer with a return receipt
showing the date of delivery, the place of delivery and the
person to whom delivered.
"Unclaimed loaned property." Property:
(1) that is on loan to a