HB 5059
Relating to cultural heritage institutions
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill allows West Virginia’s cultural heritage institutions, such as museums and libraries, to potentially claim ownership of property they currently hold if the original owner cannot be located or doesn’t respond to notices. The bill outlines specific procedures for providing notice to lenders, including certified mail, publication, and requirements for the content of those notices. It addresses situations involving loans, undocumented property, unsolicited donations, and establishes guidelines for conservation measures related to loaned items.
Key provisions
- Establishes a process for cultural heritage institutions to claim title to property currently in their possession.
- Defines key terms like ‘cultural heritage institution,’ ‘loan,’ ‘undocumented property,’ and ‘conservation measure.’
- Specifies notice requirements, including methods (certified mail, publication) and content (owner information, description of property).
- Outlines timelines for lenders to respond to notices and claim their property.
- Addresses how loans are treated if they expire without response, presuming the property is abandoned.
- Details procedures for asserting title to undocumented and unsolicited donations.
- Allows cultural heritage institutions to apply conservation measures without lender approval in certain circumstances.
- Requires institutions to provide information about the property and contact details in notices.
Who is affected
- Cultural heritage institutions (museums, libraries, archives, historical societies)
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