Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
171.830 - 171.849
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
171.849 requires the Kentucky Historical
Society to promulgate administrative regulations relating to property on loan
to museums in Kentucky. This administrative regulation establishes procedures
for museums to follow to acquire title of unclaimed property in the museums'
possession.
Section 1. Definitions.
(1) "Conservation measures" means
stabilization of an object or specimen that is in the possession of the museum
according to the conservation and restoration guidelines established by the
ICOM Code of Ethics.
(2) "ICOM"
means International Council of Museums.
(3) "KHS" means Kentucky Historical
Society.
(4) "Publication" or
"publicize" means notification to the public in an effort to locate the owner
of unclaimed property in either print or electronic online format in accordance
with
KRS
171.840(2)(c).
(5) "Unclaimed Property" means a tangible
object in the custody of the museum that:
(a)
Has intrinsic historical, artistic, scientific, or cultural value;
and
(b) Whose owner is unknown or
has failed to claim the object.
Section 2. Notice of Intent to Gain Title to
Property. A museum shall attempt to provide the following notice to the owner
of property on loan or property otherwise held by the museum if it intends to
gain title to the property in accordance with
KRS
171.836:
(1) Notice of Intent to Gain Title to
Property, Form #1; or
(2) A notice
developed by the museum which meets the requirements of
KRS
171.840.
Section 3. Written Assertion of Title to
Property. A person who has received a Notice of Intent to Gain Title to
Property form or other written notice compliant with
KRS
171.840 shall file the following with the
museum to assert title to the property on loan or property otherwise held by
the museum in accordance with
KRS
171.843:
(1) Written Assertion of Title to Property,
Form #2; or
(2) A written assertion
of title developed by the person which:
(a)
Describes the property in detail;
(b) Describes the person's interest in the
property;
(c) Attaches copies of
documents supporting the person's assertion of an interest in the property;
and
(d) Includes a sworn statement
that the information presented is true and complete to the best of the person's
knowledge.
Section
4. Kentucky Historical Society.
(1) KHS shall maintain and post on the KHS
Web site the following public information relating to the handling and
conservation of unclaimed museum property:
(a)
A copy of or electronic link to
KRS
171.830 through
KRS
171.849;
(b) A copy of or electronic link to 300 KAR
5:010; and
(c) A copy of or
electronic link to ICOM Code of Ethics.
(2) KHS shall publicize attempts by museums
statewide to gain clear title to unclaimed property on the KHS Web
site.
(3) Museums shall mail or
email the KHS Registrar a written request to publicize the museum's attempts to
gain title to unclaimed property and:
(a) A
copy of the Notice of Intent to Gain Title to Property form; or
(b) A copy of the newspaper notification
demonstrating the museum has followed the steps as outlined in
KRS
171.840(2)(c).
(4) KHS shall post within ten (10) business
days unclaimed property information submitted by a museum for a minimum of two
(2) consecutive weeks on the KHS Web site.
Section 5. Conservation. Kentucky museums
shall use conservation measures for property on loan to the museum.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "International Council of
Museums (ICOM) Code of Ethics", 2006;
(b) "Notice of Intent to Gain Title to
Property", Form #1, 2013; and
(c)
"Written Assertion of Title to Property", Form #2, 2013.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Kentucky Historical
Society, 100 West Broadway, Frankfort, Kentucky 40601, Monday through Friday, 8
a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
171.849
