(a)  Any property on loan to a museum that is subject to a loan agreement shall be deemed to be donated to the museum if:

(1)  No claim of ownership is made or action filed to recover such property by the owner or lender after termination or expiration of the loan; and

(2)  The museum has given notice, in accordance with the provisions of § 34-44.1-5 of this chapter, and no claim of ownership is made or action to recover such property is filed on or before sixty (60) days after the publication of the notice.

Terms Used In Rhode Island General Laws 34-44.1-2

  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • loaned: means a deposit with a museum that: (i) Title to the property is not transferred to the museum, (ii) The loan agreement for such deposit does not include a provision that the museum acquire title at some time after such deposit is made; or (iii) The loan agreement for such deposit includes an option for the museum to acquire title at some time after such deposit is made;

    (4)  "Lender" means a person (an individual, association, partnership, corporation, trust, estate, or other entity, excluding the property of any agency or public body as defined in § 38-1-1. See Rhode Island General Laws 34-44.1-1

  • Museum: means an organized and permanent nonprofit or public institution in Rhode Island operated by, or a division of, a nonprofit corporation, trust, association, educational institution, or public agency, that is primarily educational, scientific, historic, or aesthetic in purpose, and that owns, borrows, cares for, studies, archives, or exhibits property. See Rhode Island General Laws 34-44.1-1
  • Property: means any tangible object in the possession of and under a museum's care that has intrinsic educational, scientific, historical, artistic, aesthetic, or cultural value, excluding the property of any agency or public body as defined in § 38-1-1. See Rhode Island General Laws 34-44.1-1
  • Publication: means inclusion in the online publication of lists of abandoned property established pursuant to § 33-21. See Rhode Island General Laws 34-44.1-1

(b)  A museum may terminate a loan of property for any property that was loaned to the museum for an indefinite term if the property has been in the possession of the museum for at least five (5) years. Any property on loan to a museum and whose loan agreement indicates that such property is on permanent loan to the museum shall be considered loaned for an indefinite term for purposes of this subsection. The property for any loan of property that has been terminated pursuant to this subsection shall be deemed donated to the museum.

(c)  A museum may terminate a loan of property for any property that was loaned to the museum for a specified term after the expiration of such specified term, provided the museum provides notice of such termination in accordance with the provisions of § 34-44.1-5 of this chapter. The property for any loan of property that has been terminated pursuant to this subsection shall be deemed donated to the museum.

(d)  It shall be the responsibility of the lender of property loaned to a museum to provide the museum with written notice of any change of the lender’s address, of the lender’s designated agent, of the designated agent’s address, and of the name of the new owner or lender if there is a change in the ownership of the property loaned to the museum.

(e)  A museum accepting a loan of property shall inform the lender of such property in writing of the provisions of this chapter.

History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1.