2014 -- S 2732

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LC003690

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PROPERTY -- MUSEUM PROPERTY ACT

     Introduced By: Senator M. TeresaPaiva Weed

     Date Introduced: March 05, 2014

     Referred To: Senate Special Legislation and Veterans Affairs

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-44.1-1 of the General Laws in Chapter 34-44.1 entitled "The

Rhode Island Museum Property Act" is hereby amended to read as follows:

     34-44.1-1. Definitions. -- As used in this chapter, the following words and terms shall

have the following meanings, unless the context indicates another or different meaning or intent:

      (1) "Museum" means an organized and permanent nonprofit or public institution in

Rhode Island operated by, or a division of, of a nonprofit corporation, trust, association,

educational institution, or public agency, which that is primarily educational, scientific, historic,

or aesthetic in purpose, and which that owns, borrows, cares for, studies, archives, or exhibits

property. Museums may include, but not be limited to, historical societies, parks, historic sites

and monuments, archives, and libraries;

      (2) "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 § 38-1-1.1;

      (3) "Loan" or "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-

1.1) whose name appears on the records of a museum as the person legally entitled to, or claiming

to be legally entitled to, property held by the museum or, if such person is deceased, the legal

heirs of such person.

      (5) "Undocumented property" means property under a museum's care, excluding the

property of any agency or public body as defined in § 38-1-1.1, whose ownership cannot be

determined by reference to the museum's records, and for which the museum does not have a

reasonable means of determining the owner.

      (6) "Publication" means inclusion in the online publication of lists of abandoned

property established pursuant to section 33-21.1-18.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- MUSEUM PROPERTY ACT

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     This act would exclude the property of any agency or public body from the provisions of

"The Rhode Island Museum Property Act."

     This act would take effect upon passage.

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