2015 Kentucky Revised Statutes CHAPTER 171 - STATE LIBRARIES -- LIBRARIANS -- STATE ARCHIVES AND RECORDS 171.846 Conservation measures for property on loan to museum.
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171.846 Conservation measures for property on loan to museum.
(1)
(2)
(3)
Unless there is a written loan agreement to the contrary, a museum may apply
conservation measures to property on loan to the museum pursuant to this section.
The museum may apply conservation measures pursuant to this section if: action is
required to protect the property on loan or other property in the custody of the
museum, or the property on loan is a hazard to the health and safety of the public or
the museum staff; and the circumstances described in paragraphs (a) and (b) of this
subsection exist.
(a) The museum attempts to locate the owner of the property using the method
described in KRS 171.840(2)(b), (c), and (d)1., 2., 3., 4., and 5. The required
notice shall also state the proposed conservation measures, seek the owner's
permission to proceed with the conservation measures, and inform the owner
that if he does not come forward within fourteen (14) days after the last
published notice and agree to the proposed conservation measures or retrieve
the property within seven (7) days after coming forward, then the museum
shall proceed with the proposed conservation measures.
(b) The owner fails to agree to the proposed conservation measures or to retrieve
his property within the time periods specified in paragraph (a) of this
subsection.
If a museum applies conservation measures pursuant to this section, the museum:
(a) Shall acquire a lien on the property in the amount of the costs incurred by the
museum; and
(b) Shall not be liable for injury or loss of the property if the museum:
1.
Had a reasonable belief at the time the conservation occurred that the
conservation was necessary to protect the property on loan or other
property in the custody of the museum, or that the property on loan was
a hazard to the health and safety of the public or the museum staff; and
2.
Exercised reasonable care in the choice and application of conservation
measures.
Effective: July 15, 1996
History: Created 1996 Ky. Acts ch. 368, sec. 6, effective July 15, 1996.
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