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Abandoned Property in Cultural Institutions Law Project

Note:  This information is provided as a service and was not compiled by lawyers or legislative staffers.  If you wish to implement the provisions of these laws to obtain ownership of a collection, you should confirm the information provided herein. If you would like a printable version of the table, viewable in Adobe Acrobat, click here.


State
Has law?
Code/Statute Citation
Notes
ALABAMA
No
None None
ALASKA
Yes

Alaska Statutes 2006, Chapter 14, Section 57.200 to 290

(14.57.200-290)

"`Museum’ means an organized and permanent public institution, including a historical society, historical park, historical site, and historical monument, that is primarily educational, scientific, historical, artistic, or cultural in purpose and that owns, borrows, cares for, studies, archives, or exhibits property”; includes list of museum obligations to lender and lender obligations to museum.

ARIZONA
Yes
Arizona Revised Statutes, Chapter 3.1, Article 1, Section 44-351 to 44-356

"`Museum’ means an organized and permanent nonprofit or public institution which is primarily educational, scientific, historic or aesthetic in purpose and which owns, borrows, cares for, studies, archives or exhibits property. Museum includes historical societies, parks, sites and monuments and libraries”; includes list of museum obligations to lender and lender obligations to museum; also addresses conservation treatment for loaned materials.

ARKANSAS
Yes
Arkansas Code, Title 13, Chapter 5, Subchapter 10

"`Museum’ means an institution or entity located in Arkansas that ia operated by a nonprofit corporation, trust, association, public agency, or educational institution; is operated primarily for educational, scientific, historic preservation, cultural, or aesthetic purposes; and owns, borrows, cares for, exhibits, studies, archives, or catalogues property. `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”; includes a list of duties of museum concerning a loan and duties of the lender; also addresses conservation treatment for loaned materials.

CALIFORNIA
No
None None
COLORADO
Yes

Colorado Statutes, Title 38, Article 14, Section 101 to 112

(38-14-101 – 38-14-112)

"'Museum’ means a nonprofit or public institution which is organized and operated primarily for the purpose of collecting, cataloging, exhibiting, or archiving objects of educational, scientific, historical, or aesthetic interest and the collection of which is generally open to the public. The term includes, without limitation, historical societies, parks, monuments, and libraries.”

CONNECTICUT
No
None None
DELAWARE
No
None None
FLORIDA
Yes
2007 Florida Statutes, Title 18, Chapter 265, Section 565 (265.565)

"`Museum’ means a public or private not-for-profit agency or institution located in Florida and organized on a permanent basis for primarily educational, scientific, or aesthetic purposes, which owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis”; also addresses conservation treatment for loaned materials.

GEORGIA
Yes

Official Code of Georgia, Title 10, Chapter 1, Article 17B, Section 529.1 to 529.7.  Georgia Museum Property Act
(§10-1-529.1 to
10-1-529.7 )

"`Archives repository’ means a nonprofit organization or a public agency whose primary functions include selecting, preserving, and making available records of historical or enduring value and that is open to the public on a regular basis. Archives repository does not include a public library.”

"`Museum’ means a nonprofit organization or a public agency that is operated primarily for the purpose of collecting, cataloging, preserving, or exhibiting property of educational, scientific, historic, cultural, or aesthetic interest and that is open to the public on a regular basis. Museum does not include a public library”; also addresses conservation treatment for loaned materials.

HAWAII
No
None None
IDAHO
No
None None
ILLINOIS
Yes
Illinois Compiled Statutes, Chapter 765,  ILCS 1033.  Museum Disposition of Property Act. "`Museum’ means an institution or entity located in Illinois that is operated by a non-profit corporation, trust, association, public agency, or educational institution; is operated primarily for educational, scientific, historic preservation, cultural, or aesthetic purposes; and owns, borrows, cares for, exhibits, studies, archives, or catalogues property.  `Museum’ includes, but is not limited to, 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”; also addresses conservation treatment for loaned materials; includes statement of obligations for museum and lender.
INDIANA
Yes

Indiana Code, Title 32, Article 34, Chapter 5 (IC 32-34-5)

"`Museum’ means an institution located in Indiana that is operated by a person primarily for education, scientific, historic preservation, or aesthetic purposes; and owns, borrows, cares for, exhibits, studies, archives, or catalogs property”; also addresses conservation treatment for loaned materials.
IOWA
No
None None
KANSAS
Yes

Kansas Statutes, Chapter 58, Part 6, Article 40, Statute 01 to 13 (K.S.A. 58-4001 through 58-4013)

"`Museum’ means an institution which is located in this state and operated by a nonprofit corporation or a public agency, primarily for educational, scientific, historic preservation or aesthetic purposes, and which owns, borrows, cares for, exhibits, studies, archives or catalogs property. Museum includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments and libraries”; also addresses conservation treatment for loaned materials; lists museum`s obligations to lender and lender`s obligations to museum. 

KENTUCKY
Yes
Kentucky Revised Statutes, Title 14, Chapter 171, Section 830 to 849

“`Museums’ shall include, but not be limited to, traditional museums, historical societies, historic sites or landmarks, parks, monuments, and
Libraries”; requirement of non-profit status specified; also addresses conservation treatment for loaned materials.

LOUISIANA
No
None None
MAINE
Yes

Maine Revised Statutes, Title 27, Chapter 19, Section 601

Applies to “museums and historical societies.”
MARYLAND
No
None None
MASSACHUSETTS
No
None None
MICHIGAN
Yes

Michigan Compiled Laws, Chapter 399, Section 601 to 613.  Museum Disposition of Property Act

“Museums” includes library and archives; requirement of non-profit status specified.
MINNESOTA
Yes

Minnesota Statutes, Chapter 345, Section 70 to 74

MINNESOTA MUSEUM PROPERTY ACT

Applies to "archives repository" [“a nonprofit organization or a public agency whose primary functions include selecting, preserving, and making available records of historical or enduring value, and that is open to the public on a regular basis. Archives repository does not include a
public library”] and "museum" [“a nonprofit organization or a public agency that is operated primarily for the purpose of collecting, cataloging, preserving, or exhibiting property of educational,
scientific, historic, cultural, or aesthetic interest and that is open to the public on a regular basis. Museum does not include a public library];” also addresses conservation treatment for loaned materials.

MISSISSIPPI
Yes
Mississippi Code, Title 39, Chapter 19, Section 1-21. Museum Unclaimed Property Act

"`Museum’ means a public or private nonprofit agency or institution located in this state and organized on a permanent basis for essentially educational or aesthetic purposes, which utilizes a professional staff, owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis.” 

MISSOURI
Yes

Missouri Revised Statutes, Chapter 184, Sections 184.102 to 184.122

"`Museum’, an institution located in this state and operated by a permanent nonprofit corporation, trust association, or public agency, operated primarily for educational, scientific, historical preservation or aesthetic purposes, which owns, borrows, cares for, studies, archives, or exhibits property. `Museum’ includes, but is not limited to, libraries, botanical gardens, zoos, nature centers, planetariums, technology centers, arboretums, historic sites, art centers, and history, natural history and art museums;” also addresses conservation treatment for loaned materials.

MONTANA
Yes
Montana Code Annotated 2005, Title 22, Chapter 3, Section 501-523 (511-520 reserved).  Museum Loan Act.

"`Museum’ means an institution located in Montana and operated by a nonprofit corporation or a public agency primarily for educational, scientific, or aesthetic purposes, and that owns, borrows, or cares for and exhibits, studies, or catalogs property;” also addresses conservation treatment for loaned materials.

NEBRASKA
Yes
Nebraska Revised Statutes, Section 51-701 to 51-712.  Museum Property Act.

“`Museum’ means an institution located in Nebraska and operated by a nonprofit corporation or a public agency, primarily for educational, scientific, historic preservation, or aesthetic purposes, and which owns, borrows, cares for, exhibits, studies, archives, or catalogs property. `Museum’ includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments, libraries, and zoos;” also addresses conservation treatment for loaned materials.”

NEVADA
Other (see note)

Nevada Revised Statutes, Chapter 381, Section 9 (see also section 1 for covered museums.)

Apparently applies only to museums in the state system of museums.
NEW HAMPSHIRE
Yes

New Hampshire Revised Statutes, Title 16, Chapter  201-E, Section 1 to 7. MUSEUM PROPERTY ACT

"`Museum’ means an institution located in New Hampshire operated by a nonprofit corporation or a public agency, primarily for educational, scientific, historic preservation, or aesthetic purposes, which owns, cares for, exhibits, studies, archives, or catalogs property. `Museum’ includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments, and libraries.”

NEW JERSEY
No
None None
NEW MEXICO
Yes
New Mexico Statutes Annotated 1978, Chapter 18, Article 10, Section 1 to 5. Abandoned Cultural Properties Act.  

“`Museum’ means an institution located in New Mexico and operated by a nonprofit corporation or public agency, primarily educational, scientific or aesthetic in purpose, which owns, borrows, cares for, studies, archives or exhibits property;”

NEW YORK
Yes

Consolidated Laws of New York, Education Law, Part 1, Section 233-AA

Covers a wide variety of collecting institutions, including but not limited to museums, historical societies, zoos, aquariums, botanical gardens, and arboreta, having collections as a stated purpose in its charter. The law states that the institution must be a governmental entity or a not-for-profit corporation. This law is an amendment to Section 233-A, which previously only applied to the New York State Museum.

NORTH CAROLINA
Other (see note)

North Carolina General Statutes, 121-7

Applies to materials held by Office of Archives and History.
NORTH DAKOTA
Other (see note)

http://www.legis.nd.gov/cencode/t55.html

Applies to museums or historical societies—no further definition.

OHIO
Yes

Ohio Revised Code, Chapter 3385.01 to 3385.10, PROPERTY ON LOAN TO MUSEUM

“`Museum’ means any institution located in this state that is operated by a governmental agency or nonprofit corporation primarily for educational, scientific, aesthetic, historic, or preservation purposes and that acquires, owns, cares for, exhibits, studies, archives, or catalogs property. `Museum’ includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments, libraries, arboreta, and zoos;” also addresses conservation treatment for loaned materials.

OKLAHOMA
Yes

Oklahoma Statutes, Title 60: Chapter 651.  Definitions; Chapter 683.2 Application and effect of act;

"`Museum’ means an institution which is located in this state and operated by a nonprofit corporation or a public agency primarily for educational, scientific, historic preservation or aesthetic purposes, and which owns, borrows, cares for, exhibits, studies archives or catalogues property.  `Museum’ includes, but is not limited to, historical societies, historical sites or landmarks, parks, monuments and libraries.”

“Museums shall not be subject to the provisions of the Uniform Unclaimed Property Act, but a museum may avail itself of the provisions of this act by complying with the requirements of this act.”

OREGON
Yes

Oregon Revised Statutes (2005), Chapter 358.415 to 358.440

"`Museum’ means an institution located in Oregon that is primarily educational, scientific or aesthetic in purpose; owns, borrows or cares for, and studies, archives or exhibits property; and is operated by a nonprofit corporation or public agency.

PENNSYLVANIA
No
None None
RHODE ISLAND
No
None None
SOUTH CAROLINA
Yes
South Carolina Code of Laws, SECTION 27-45-10 to 27-45-100

"`Nonprofit organization’ means any nonprofit museum, gallery, library, college, university, school, church, or other institution or organization organized exclusively for artistic, religious, charitable, scientific, literary, or educational purposes, or to promote the study or advancement of the arts or sciences, or to sustain, encourage, or promote the musical or performing arts”; also addresses conservation treatment for loaned materials.

SOUTH DAKOTA
Yes

South Dakota Codified Laws, CHAPTER
43-41C-1 to 43-41C -4

Applies to “museums and historical societies.”
TENNESSEE
Yes
Tennessee Code, Title 66, Chapter 29, Section 66-29-201 to 66-29-204.

“`Museum” means those museums and art galleries owned or operated by the state of Tennessee or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations.”

TEXAS
Yes
Texas Statutes, Title 6A, Chapter 80, Sections 80.001 to 80.008

"`Museum’ means an institution located in this state and operated by a nonprofit corporation or public agency, primarily educational, scientific, or aesthetic in purpose, that owns, borrows, or cares for and studies, archives, or exhibits property”; also addresses conservation treatment for loaned materials.

UTAH
No
None None
VERMONT
No
None None
VIRGINIA
Yes

Code of Virginia, Title 55, Chapter 11.2, Section 55-210.31 to 55-210.32

"`Museum’ means an institution located in Virginia and operated by a nonprofit corporation or public agency whose primary purpose is educational, scientific or aesthetic, that owns, borrows or cares for, and studies, archives or exhibits museum property.”

WASHINGTON
Yes
Revised Code of Washington, Title 63, Chapter 26 (63.26)

"`Museum’ or `historical society’ means an institution operated by a nonprofit corporation, nonprofit association, or public agency, primarily educational, scientific, historic, or aesthetic in purpose, which owns, borrows, studies, or cares for tangible objects, including archives, and exhibits them as appropriate.”

WEST VIRGINIA
No
None None
WISCONSIN
Yes

Wisconsin Statutes, Chapter 171 (171.30 -171.33)

“`Museum’ means a nonprofit organization or a public agency that is operated primarily for the purpose of collecting, cataloging, preserving or exhibiting property of educational, scientific, historic, cultural or aesthetic interest and that is open to the public on a regular basis. `Museum’ does not include a public library.”

WYOMING
Yes
Wyoming Statutes, Title 34, Chapter 23 (34-23-101 to 34-23-108) "`Museum’ means an institution located in Wyoming and operated by a nonprofit corporation or a public agency primarily for educational, scientific or aesthetic purposes and which owns, borrows, cares for, exhibits, studies or archives property”; also addresses conservation or disposal of loaned materials.

 

 


Page last updated September 21, 2009.