Posted: February 17, 2000
Contact: Representative Andrew Halcro, at (907) 465-4939.

Alaska's many museums are a vital asset to the preservation of our state's rich cultural heritage. Unfortunately, many of these institutions face difficulty when dealing with artifacts on loan when contact is lost with the item's owner. Often, these items require exhaustive care and maintenance. Museums cannot reasonably be expected to make decisions regarding the conservation or disposition of loaned property at their own risk and expense.

This legislation will offer a valuable vehicle for Alaska's museums to deal with property received on loan. Over time, lenders may die without heirs or move without maintaining contact with a museum. This leaves museums in the undesirable position of not being able to perform necessary conservation on the item while being unable to ascertain an identifiable manner of acquisition.

HB 218 establishes a process for museums to follow in order to clarify title on unclaimed objects. Before claiming title to an object on loan, the museum must have lost contact with the owner for at least seven years. The museum must then make a reasonable attempt to find the original owner or their heirs. Contact must be attempted through multiple certified mailings to the last known address, and if not successful, through newspaper announcements. After waiting a specified period of 65 days beyond these notices, the museum may proceed to obtain title to the property. The original owner then still has two years after that date to reclaim their property. Museum operators will be required to advise any new lenders of this new law.

This important revision will alleviate many difficulties encountered by Alaska's museums while providing a fair and equitable recourse for the property owner. It is estimated that title to several hundred objects in museums around the state can be resolved with the passage of HB 218.

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