A.R.S. tit. 44 ch. 3.1 — Arizona Revised Statutes Title 44 Chapter 3.1 — Unclaimed Property In Museums

44-351. Definitions For the purposes of this chapter, unless the context otherwise requires: 1. "Lender" means a person whose name appears on the records of the museum as the person legally entitled to property held or owing by the museum. 2. "Lender's last known address" means a description of the location of the lender, as shown on the museum's records pertaining to the property on loan from the lender, which is sufficient for the purpose of delivering mail. 3. "Loan", "loaned" and "on loan" includes all deposits of property with a museum which are not accompanied by a transfer of title to the property. 4. "Museum" means an organized and permanent nonprofit or public institution which is primarily educational, scientific, historic or aesthetic in purpose and which owns, borrows, cares for, studies, archives or exhibits property. Museum includes historical societies, parks, sites and monuments and libraries. 5. "Person" means an individual, association, trust partnership, corporation or similar organization having a legal interest in property in the possession of a museum. 6. "Property" means all tangible objects, animate and inanimate, under a museum's care which have intrinsic scientific, historic, artistic or cultural value. 7. "Undocumented property" means property in the possession of a museum for which the museum has no reasonable means of determining its owner. 44-352. Acquiring title to loaned property A. A museum may acquire title to loaned property pursuant to this section. If, since the expiration date of the loan, seven years have passed with no written contact between the lender and the museum or if the loan has no expiration date and at least seven years have passed since the loan was made and written contact between the lender and the museum occurred the museum shall send a notice by certified mail, return receipt requested, to the lender's last known address. This notice shall contain a statement that the loan is now terminated as well as all information required in the notice under section 44-353, subsection A, paragraph 1. If proof of delivery of the notice is not received within thirty days from the date the notice was mailed, the museum shall publish a notice as prescribed by section 44-353, subsection A, paragraph 1. B. If the requirements of subsection A of this section are met the museum may acquire title to the loaned property by sending a notice by certified mail, return receipt requested, to the lender's last known address. This notice shall contain all information required in the notice under section 44-353, subsection A, paragraph 2. If proof of delivery of the notice is not received within thirty days from the date the notice was mailed, the museum shall publish a notice as prescribed by section 44-353, subsection A, paragraph 2. 44-353. Acquiring title to undocumented property A. A museum may acquire title to undocumented property held by a museum for seven years or longer, verifiable through written records, with no valid claim or contact by any person in the following manner: 1. The museum shall publish a notice once a week for two consecutive weeks in a newspaper of general circulation in the county in which the museum is located and in the county in which the lender's last known address is located, if applicable. This notice shall include: (a) A brief and general description of the property. (b) The date or approximate date of the loan or acquisition by the museum, if known. (c) Notice of the intent of the museum to claim title if no valid claims are made within sixty-five days from the date of the first notice, if no publication in a newspaper is required, or publication under this section. (d) The name and address of the museum representative to contact for more information or to make a claim. (e) The lender's name and last known address, if known. 2. If no valid claims have been made by the end of sixty-five days, the museum shall publish a second notice once a week for two consecutive weeks in a newspaper of general circulation in the county in which the museum is located and in the county in which the lender's last known address is located, if applicable. This second notice shall include: (a) A brief and general description of the property. (b) The date or approximate date of the loan or acquisition by the museum, if known. (c) Notice that the museum claims title to the property as of the date described in paragraph 1, subdivision (c) of this subsection. (d) The lender's name and last known address, if known. B. On compliance with subsection A of this section clear and unrestricted title is transferred to the museum as of the date described in subsection A, paragraph 1, subdivision (c) of this section. 44-354. Reclamation of property After title to the loaned property is transferred to the museum the lender has two years to bring an action against the museum to claim the property. At the end of this two year period no action or proceeding may be brought against the museum, its employees or agents by a lender for any good faith action taken by the museum pursuant to this chapter. 44-355. Museum obligations to the lender In order to take title pursuant to this chapter a museum shall have the following obligations to a lender: 1. The museum must keep written records regarding the property for at least two years from the date of taking title pursuant to this chapter. 2. The museum must keep written records on all loans acquired. Records shall contain the owner's name, address and phone number, the duration of the loan period and beginning date of the loan period. 3. The museum is responsible for notifying a lender of the museum's change of address or dissolution. 4. The museum shall inform the lender, at the time the loan is made, of state laws governing unclaimed property. 44-356. Lender obligations to the museum The lender shall notify the museum of a change of address or of a change in ownership of the loaned property in order to ensure the retention of rights to the loaned property.