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90_SB1292enr New Act Creates the Museum Disposition of Property Act. Sets forth procedures for the disposition of property that has been loaned to a museum and other property that is in a museum's possession and for the determination of ownership of the property under specified circumstances. Provides that the term "museum" includes historical societies, historic sites, landmarks, parks, archives, monuments, botanical gardens, arboreta, zoos, nature centers, planetaria, aquaria, libraries, technology centers, and art, history, science, and natural history museums. Effective January 1, 1999. LRB9009075YYmgA SB1292 Enrolled LRB9009075YYmgA 1 AN ACT in relation to museums. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short Title. This Act may be cited as the 5 Museum Disposition of Property Act. 6 Section 5. Purposes. The purposes of this Act are to 7 establish the ownership of loaned property that has been 8 abandoned by the lender or undocumented property held by a 9 museum, to establish uniform procedures for the termination 10 of loans of property to museums, to allow museums to conserve 11 or dispose of loaned or undocumented property under certain 12 conditions, and to limit actions to recover loaned or 13 undocumented property. 14 Section 10. Definitions. As used in this Act, unless the 15 context requires otherwise: 16 "Museum" means an institution or entity located in 17 Illinois that: 18 (i) is operated by a non-profit corporation, trust, 19 association, public agency, or educational institution; 20 (ii) is operated primarily for educational, 21 scientific, historic preservation, cultural, or aesthetic 22 purposes; and 23 (iii) owns, borrows, cares for, exhibits, studies, 24 archives, or catalogues property. 25 "Museum" includes, but is not limited to, historical 26 societies, historic sites, landmarks, parks, archives, 27 monuments, botanical gardens, arboreta, zoos, nature centers, 28 planetaria, aquaria, libraries, technology centers, and art, 29 history, science, and natural history museums. 30 "Property" means documents or tangible objects, animate SB1292 Enrolled -2- LRB9009075YYmgA 1 or inanimate, in the custody of a museum. 2 "Person" means an individual, association, partnership, 3 corporation, trust, estate, or other entity having a legal 4 interest in property in the custody of a museum. 5 "Lender" means a person whose name appears on the records 6 of a museum as the person legally entitled to property held 7 by the museum. 8 "Claimant" means a person, other than the lender of 9 record, who claims to be legally entitled to, or who 10 establishes his or her legal entitlement to, property held by 11 the museum. 12 "Lender's or claimant's address" means a description of 13 the most recent location of a lender or claimant, as 14 indicated on the museum's records pertaining to the property 15 on loan from the lender or claimant, sufficient for the 16 purpose of delivering mail. 17 "Loan" means a deposit of property with a museum that is 18 not accompanied by a transfer of title to the property or 19 other evidence of donative intent; however, "loan" does not 20 include a consignment of property for sale. 21 "Permanent loan" means a loan of property to a museum for 22 an indefinite term. 23 "Undocumented property" means property: 24 (i) that is held by a museum; 25 (ii) that is assumed to be a gift to the museum; 26 and 27 (iii) whose ownership cannot be determined by 28 reference to the museum's records. 29 Section 15. Notice Requirements. 30 (a) In addition to any other information that may be 31 appropriate for a particular notice, all notices given under 32 this Act must contain the following information: 33 (1) the lender's or claimant's name, if known; SB1292 Enrolled -3- LRB9009075YYmgA 1 (2) the lender's or claimant's address, if known; 2 (3) a brief description of the property on loan to 3 the museum; 4 (4) the date of the loan, if known, or the 5 approximate date the property came into the custody of 6 the museum; 7 (5) the name of the museum; and 8 (6) the name, address, and telephone number of the 9 appropriate museum official or office to be contacted 10 regarding the property. 11 (b) A notice mailed to a lender or claimant shall be 12 sent by certified mail, return receipt requested, to the 13 lender's or claimant's address. The notice shall be mailed on 14 a "restricted delivery" basis when the notice is directed to 15 a natural person. Notice is deemed given if the museum 16 receives, within 60 days of mailing the notice, a return 17 receipt showing delivery to the lender or claimant. The date 18 of a notice for purposes of this Act is deemed to be the date 19 of delivery to the person to whom it was sent. 20 (c) If notice is not given in accordance with subsection 21 (b) or if, after a diligent search of its records, a museum 22 does not know the identity of the lender or any claimant or 23 have the lender's or claimant's address, notice may be given 24 by publication, in which case notice shall be published: 25 (1) for at least once per week for 3 successive 26 weeks in a newspaper of general circulation in the county 27 or municipality in which the museum is located; and 28 (2) if the museum has in its records the lender's 29 or claimant's address, for at least once per week for 3 30 successive weeks in a newspaper of general circulation in 31 the county or municipality in which the lender's or 32 claimant's address is located. 33 For purposes of this Act, the date of a notice given 34 under this subsection (c) shall be the date of the last SB1292 Enrolled -4- LRB9009075YYmgA 1 published notice under either subdivision (1) or (2), 2 whichever is later. 3 Section 20. Conservation or Disposal of Loaned Property. 4 (a) Unless there is a written loan agreement to the 5 contrary, a museum may apply conservation measures to or 6 dispose of undocumented property or property on loan to the 7 museum without the lender's or claimant's permission or 8 formal notice if immediate action is required to protect the 9 property on loan or other property in the custody of the 10 museum, or because the property on loan has become a hazard 11 to the health and safety of the public or to the museum's 12 staff, and if one of the following applies: 13 (1) the property poses an immediate destructive 14 risk to the museum's staff or collection or the general 15 public, in which case the museum may dispose of the 16 property without delay and shall notify the lender of the 17 action taken within 30 days; 18 (2) the museum is unable to reach the lender or 19 claimant at the lender's or claimant's address or phone 20 number, if the action is to be taken within 30 days of 21 the time the museum determines the action is necessary; 22 or 23 (3) the museum contacts the lender and the lender 24 or claimant does not agree to the protective measures the 25 museum recommends and does not or is unable to terminate 26 the loan and collect the property within the time the 27 museum determines the action is necessary. 28 (b) Unless an agreement provides otherwise, a museum 29 that applies conservation measures to or disposes of loaned 30 property in accordance with subsection (a): 31 (1) acquires and may enforce a lien on the loaned 32 property in the amount of the costs incurred by the 33 museum; and SB1292 Enrolled -5- LRB9009075YYmgA 1 (2) is not liable to the lender or claimant for 2 damage to, or loss of, the loaned property if the museum: 3 (A) had a reasonable belief at the time the 4 action was taken that the action was necessary to 5 protect the loaned property or other property in the 6 custody of the museum, or that the loaned property 7 was a hazard to the health and safety of the public 8 or to the museum's staff; and 9 (B) exercised reasonable care in choosing and 10 applying the conservation measures. 11 Section 30. Notice of Intent to Terminate a Loan; 12 Acquiring Title to Loaned Property. 13 (a) A museum may acquire title to loaned property 14 pursuant to this Section. A museum may give notice of the 15 museum's intent to terminate a loan of property at any time 16 if: 17 (1) the property was loaned to the museum for an 18 indefinite term; or 19 (2) the property was loaned to the museum for a 20 specified term, and that term has expired. 21 (b) A mailed notice of intent to terminate a loan shall 22 include a statement containing substantially the following 23 information: 24 "The records of (name of museum) indicate that you have 25 property on loan to it. The museum hereby terminates the 26 loan. If you desire to claim the property, you must contact 27 the museum, establish your ownership of the property, and 28 make arrangements to collect the property. If you fail to do 29 so within one year after the date of this notice, you will be 30 considered to have donated the property to the museum." 31 (c) If a lender or claimant does not respond to the 32 notice of intent to terminate the loan within one year from 33 the date of the notice, the museum acquires title to the SB1292 Enrolled -6- LRB9009075YYmgA 1 property and may sell, dispose of, or retain the property. 2 (d) If a lender or claimant responds to the notice of 3 intent to terminate the loan within one year from the date of 4 the notice, but does not collect the property within 90 days 5 from the date of his or her response, and unless a loan 6 agreement provides otherwise, the museum may place the 7 property in storage and the museum acquires and may enforce a 8 lien on the property in the amount of the costs incurred. If 9 the lender or claimant fails to make arrangements to collect 10 the property after one year from the date of notice, the 11 museum acquires title to the property and may sell, dispose 12 of, or retain the property. 13 Section 35. Acquiring Title to Undocumented Property. 14 Property in the possession of a museum for which the museum 15 does not know the owner or have any reasonable means of 16 determining the owner becomes the property of the museum if 17 no person has claimed the property within 7 years after the 18 museum can document possession of the property. The museum 19 becomes the owner of the property on the day after the 7-year 20 period ends, free from all claims. This Section does not 21 apply to stolen or confiscated property. 22 Section 40. Limitation on Actions Against Museums. 23 (a) No action shall be brought against a museum or its 24 employees, agents, officers, or trustees for damages because 25 of injury or damage to, or loss of, property loaned to the 26 museum more than 2 years after the date the museum gives the 27 lender or claimant notice of the damage or loss. 28 (b) No action shall be brought against a museum or its 29 employees, agents, officers, or trustees to recover loaned or 30 undocumented property more than 2 years after the date the 31 museum gives the lender or claimant notice of its intent to 32 terminate the loan or notice of the museum's assertion of SB1292 Enrolled -7- LRB9009075YYmgA 1 title to undocumented property. 2 (c) No action shall be brought against a museum or its 3 employees, agents, officers, or trustees to recover loaned 4 property more than 2 years after the expiration date of the 5 last written contract between the lender or claimant and the 6 museum as evidenced by the museum's records. 7 (d) A lender or claimant is deemed to have donated 8 loaned property to a museum if the lender or claimant fails 9 to contact the museum and establish his or her claim to the 10 property to the satisfaction of the museum or fails to file 11 an action to recover the property on loan to the museum 12 within the period specified in subsections (b) and (c). 13 (e) A person who purchases property from a museum 14 acquires title to the property if the museum represents that 15 it has acquired title to the property pursuant to this Act. 16 (f) Notwithstanding subsections (d) and (e), a lender or 17 claimant who was not given notice of intent to terminate a 18 loan or notice of the museum's assertion of title to 19 undocumented property as prescribed herein, respectively, and 20 who proves that the museum received a satisfactory notice of 21 interest in the property, may recover the property or, if the 22 property has been disposed of, the reasonable value of the 23 property at the time the property was discarded. The amount 24 received by the museum upon a sale made in good faith of the 25 loaned property shall be regarded as the prima facie evidence 26 of that value, and in no event shall any recovery include 27 interest or an amount to compensate for currency devaluation 28 or inflation, or both. 29 (g) A museum is not liable at any time, in the absence 30 of a court order, for returning property to the original 31 lender, even if a claimant other than the lender of record 32 has filed a notice of interest in the property. If persons 33 claim competing interest in property in the custody of a 34 museum, the burden is upon the claimants to prove their SB1292 Enrolled -8- LRB9009075YYmgA 1 interest in an action in equity initiated by a claimant. A 2 museum is not liable at any time for returning property to an 3 uncontested claimant who produces reasonable proof of 4 ownership. 5 Section 45. Obligations. 6 (a) Obligations of a museum. 7 (1) A museum holding loaned property on or after 8 the effective date of this Act shall notify the lender, 9 if known, by mail, of the provisions of this Act within 10 the term of the loan but not more than 5 years after the 11 effective date of this Act. A museum accepting a loan of 12 property on or after the effective date of this Act shall 13 inform the lender in writing at the time of the loan of 14 the provisions of this Act. A copy of this Act or a 15 citation to the provisions of this Act within the loan 16 agreement shall fulfill this obligation. 17 (2) A museum is responsible for notifying a lender 18 or claimant of the museum's change of address or 19 dissolution. 20 (3) A museum shall retain all written records 21 regarding property acquired under this Act for at least 22 10 years or until the dissolution of the museum, 23 whichever occurs earlier. 24 (b) Obligations of a lender or claimant. 25 (1) A lender, a lender's heir or legal agent, or a 26 claimant is responsible for notifying the museum 27 promptly, in writing, if there is any change in ownership 28 of the objects (whether through inter vivos transfer or 29 death) or if there is a change in the identity or address 30 of the lender. 31 (2) A lender or claimant may file with the museum a 32 written notice of interest in the property. A notice of 33 interest in the property shall: SB1292 Enrolled -9- LRB9009075YYmgA 1 (A) contain an adequate description of the 2 property to enable the museum to identify the 3 property; 4 (B) be accompanied by documentation sufficient 5 to establish the lender or claimant as the owner of 6 the property; and 7 (C) be signed under penalty of perjury by the 8 lender or claimant, or by a person authorized to act 9 on behalf of the lender or claimant. 10 The filing of a notice of interest in the property 11 on loan to a museum does not validate or make enforceable 12 any claim which would be extinguished under the terms of 13 a written agreement, or which would otherwise be invalid 14 or unenforceable. 15 Section 50. Miscellaneous Provisions. 16 (a) This Act does not abrogate the rights and 17 obligations of a lender, claimant, or museum identified in a 18 written agreement. 19 (b) This Act applies to all property held by or in the 20 custody of a museum on or after the effective date of this 21 Act. 22 (c) This Act does not preclude a museum from availing 23 itself of any other statutory or judicial method of 24 establishing or perfecting title to property in the museum's 25 custody. 26 (d) If a museum's right under this Act is wrongfully 27 challenged, the museum shall have the right to recover its 28 costs and expenses and reasonable attorney's fees. 29 Section 900. The Department of Natural Resources Act is 30 amended by changing Section 1-25 as follows: 31 (20 ILCS 801/1-25) SB1292 Enrolled -10- LRB9009075YYmgA 1 Sec. 1-25. Powers of the scientific surveys and State 2 Museum. In addition to its other powers and duties, the 3 Department shall have the following powers and duties which 4 shall be performed by the scientific surveys and the State 5 Museum: 6 (1) To investigate and study the natural resources 7 of the State and to prepare printed reports and furnish 8 information fundamental to the conservation and 9 development of natural resources and for that purpose the 10 officers and employees thereof may, pursuant to rule 11 adopted by the Department, enter and cross all lands in 12 this State, doing no damage to private property. 13 (2) To cooperate with and advise departments having 14 administrative powers and duties relating to the natural 15 resources of the State, and to cooperate with similar 16 departments in other states and with the United States 17 Government. 18 (3) To conduct a natural history survey of the 19 State, giving preference to subjects of educational and 20 economical importance. 21 (4) To publish, from time to time, reports covering 22 the entire field of zoology and botany of the State. 23 (5) To supply natural history specimens to the 24 State educational institutions and to the public schools. 25 (6) To investigate the entomology of the State. 26 (7) To investigate all insects dangerous or 27 injurious to agricultural or horticultural plants and 28 crops, livestock, to nursery trees and plants, to the 29 products of the truck farm and vegetable garden, to shade 30 trees and other ornamental vegetation of cities and 31 villages, to the products of the mills and the contents 32 of warehouses, and all insects injurious or dangerous to 33 the public health. 34 (8) To conduct experiments with methods for the SB1292 Enrolled -11- LRB9009075YYmgA 1 prevention, arrest, abatement and control of insects 2 injurious to persons or property. 3 (9) To instruct the people, by lecture, 4 demonstration or bulletin, in the best methods of 5 preserving and protecting their property and health 6 against injuries by insects. 7 (10) To publish, from time to time, articles on the 8 injurious and beneficial insects of the State. 9 (11) To study the geological formation of the State 10 with reference to its resources of coal, ores, clays, 11 building stones, cement, materials suitable for use in 12 the construction of roads, gas, mineral and artesian 13 water and other products. 14 (12) To publish, from time to time, topographical, 15 geological and other maps to illustrate resources of the 16 State. 17 (13) To publish, from time to time, bulletins 18 giving a general and detailed description of the 19 geological and mineral resources, including water 20 resources, of the State. 21 (14) To cooperate with United States federal 22 agencies in the preparation and completion of a contour 23 topographic map and the collection, recording and 24 printing of water and atmospheric resource data including 25 stream flow measurements and to collect facts and data 26 concerning the volumes and flow of underground, surface 27 and atmospheric waters of the State and to determine the 28 mineral qualities of water from different geological 29 formations and surface and atmospheric waters for the 30 various sections of the State. 31 (15) To publish, from time to time, the results of 32 its investigations of the mineral qualities, volumes and 33 flow of underground and surface waters of the State to 34 the end that the available water resources of the State SB1292 Enrolled -12- LRB9009075YYmgA 1 may be better known and to make mineral analyses of 2 samples of water from municipal or private sources giving 3 no opinion from those analyses of the hygienic, 4 physiological or medicinal qualities of such waters. 5 (16) To act as the central data repository and 6 research coordinator for the State in matters related to 7 water and atmospheric resources. The State Water Survey 8 Division of the Department may monitor and evaluate all 9 weather modification operations in Illinois. 10 (17) To distribute, in its discretion, to the 11 various educational institutions of the State, specimens, 12 samples, and materials collected by it after the same 13 have served the purposes of the Department. 14 (18) To cooperate with the Illinois State Academy 15 of Science and to publish a suitable number of the 16 results of the investigations and research in the field 17 of natural science to the end that the same may be 18 distributed to the interested public. 19 (19) To maintain a State Museum, and to collect and 20 preserve objects of scientific and artistic value, 21 representing past and present fauna and flora, the life 22 and work of man, geological history, natural resources, 23 and the manufacturing and fine arts; to interpret for and 24 educate the public concerning the foregoing. 25 (20) To cooperate with the Illinois State Museum 26 Society for the mutual benefit of the Museum and the 27 Society, with the Museum furnishing necessary space for 28 the Society to carry on its functions and keep its 29 records, and, upon the recommendation of the Museum 30 Director with the approval of the Board of State Museum 31 Advisors and the Director of the Department, to enter 32 into agreements with the Illinois State Museum Society 33 for the operation of a sales counter and other 34 concessions for the mutual benefit of the Museum and the SB1292 Enrolled -13- LRB9009075YYmgA 1 Society. 2 (21) To accept grants of property and to hold 3 property to be administered as part of the State Museum 4 for the purpose of preservation, research of 5 interpretation of significant areas within the State for 6 the purpose of preserving, studying and interpreting 7 archaeological and natural phenomena. 8 (22) To contribute to and support the operations, 9 programs and capital development of public museums in 10 this State. For the purposes of this Section, "public 11 museum" means a facility: (A) that is operating for the 12 purposes of promoting cultural development through 13 special activities or programs, and acquiring, 14 conserving, preserving, studying, interpreting, 15 enhancing, and in particular, organizing and continuously 16 exhibiting specimens, artifacts, articles, documents and 17 other things of historical, anthropological, 18 archaeological, industrial, scientific or artistic 19 import, to the public for its instruction and enjoyment, 20 and (B) that either (i) is operated by or located upon 21 land owned by a unit of local government or (ii) is a 22 museum that has an annual attendance of at least 150,000 23 and offers educational programs to school groups during 24 school hours. A museum is eligible to receive funds for 25 capital development under this subdivision (22) only if 26 it is operated by or located upon land owned by a unit of 27 local government. Recipients of funds for capital 28 development under this subdivision (22) shall match State 29 funds with local or private funding at a ratio of $2 from 30 local and private funds for every $1 in State funds. 31 The Department shall formulate rules and regulations 32 relating to the allocation of any funds appropriated by 33 the General Assembly for the purpose of contributing to 34 the support of public museums in this State. SB1292 Enrolled -14- LRB9009075YYmgA 1 (23) To perform all other duties and assume all 2 obligations of the former Department of Energy and 3 Natural Resources and the former Department of 4 Registration and Education pertaining to the State Water 5 Survey, the State Geological Survey, the State Natural 6 History Survey, and the State Museum. 7 (24) To maintain all previously existing 8 relationships between the State Water Survey, State 9 Geological Survey, and State Natural History Survey and 10 the public and private colleges and universities in 11 Illinois. 12 (25) To participate in federal geologic mapping 13 programs. 14 (Source: P.A. 89-445, eff. 2-7-96.) 15 Section 999. Effective date. This Act takes effect on 16 January 1, 1999.
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