Section 184.114

Title XI EDUCATION AND LIBRARIES

Chapter 184

Effective - 31 Dec 1991, see footnote   

  184.114.  Intent to preserve interest in property on loan to museum, content, filed when — effective period — extension, procedure — insufficiency of intent notice, duties, procedure — sections 184.101 to 184.114, effective date. — 1.  A notice of intent to preserve an interest in property on loan to a museum filed pursuant to sections 184.101 to 184.122 shall be in writing and shall be filed with the museum within ninety days after the date of the notice given by the museum pursuant to section 184.111 or 184.112.  Notice of intent to preserve an interest shall be deemed filed with the museum on the date it is received by the museum.  Filing of the notice does not validate or make enforceable any claim which would be extinguished under the terms of a written loan agreement or which would otherwise be invalid or unenforceable.  The notice of intent to preserve an interest in loaned property shall be effective for two years after it is filed with the museum.  The museum shall notify the lender by restricted certified mail within thirty days after the expiration of the initial two-year period covered by the notice of intent to preserve an interest.  The lender or claimant may extend his intent to preserve an interest for two years by filing another notice in accordance with this section.

  2.  A notice of intent to preserve an interest in loaned property shall contain the following information:

  (1)  A description of the property adequate to enable the museum to identify the property;

  (2)  Documentation sufficient to establish the claimant as the true owner of the property;

  (3)  A statement attesting to the truth, to the best of the claimant's knowledge, of all information included in or with the notice of intent to preserve an interest in loaned property;

  (4)  The signature, under penalty of perjury, of the claimant or a person authorized to act on behalf of the claimant.

  3.  The museum need not retain a notice to preserve an interest in property that does not meet the requirements set forth in subsections 1 and 2 of this section.  The museum may notify the claimant at the address given on the notice of intent to preserve an interest in property that the museum believes the notice is ineffective to preserve an interest in the property, and the reasons for the insufficiency.  The claimant may file with the museum an amended notice of intent to preserve an interest in the property within the later of the time remaining to file a notice or twenty days after the date of notification of ineffectiveness.  Retention by the museum of a notice under section 184.121 does not mean that the museum accepts the sufficiency or accuracy of the notice or that the notice is effective to preserve an interest in property on loan to the museum.

  4.  The director shall adopt by rule a form of notice of intent to preserve an interest in property on loan to a museum.  The form shall satisfy the requirements of subsection 1 of this section and shall notify the claimant of the rights and procedures to preserve an interest in museum property.  The form shall also facilitate record keeping and record retrieval by a museum.  At a minimum, the form shall provide a place for recording evidence of receipt of a notice by a museum, including the date of receipt, signature of the person receiving the notice, and the date on which a copy of the receipt is returned to the claimant.

  5.  Sections 184.101 to 184.114 shall become effective December 31, 1991.

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(L. 1991 S.B. 344 § 8)

Effective 12-31-91