300 KAR 5:010. Museum unclaimed property.

TECHNICAL AMENDMENT

April 2, 2013

TOURISM, ARTS AND HERITAGE CABINET

Kentucky Historical Society

(New Administrative Regulation)

300 KAR 5:010. Museum unclaimed property.

RELATES TO: KRS 171.830 - 171.849

STATUTORY AUTHORITY: KRS 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;

(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

(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

(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.

KENT WHITWORTH, Executive Director

MARCHETA SPARROW, Secretary

APPROVED BY AGENCY: January 14, 2013

FILED WITH LRC: January 14, 2013 at 1 p.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2013 at 10:00 am Eastern Time at the 500 Mero Street, 24th Floor Conference Room, Frankfort Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until February 28, 2013. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON: Misty Judy, Legal Counsel, Office of Legal Affairs, Tourism, Arts and Heritage Cabinet, 500 Mero Street, 24th Floor, Frankfort Kentucky 40601, phone (502) 564-4270, fax (502) 564-1079.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Misty Dugger Judy

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation establishes guidelines to assist Kentucky museums regarding the conserving and handling of abandoned property on loan to the museum.

(b) The necessity of this administrative regulation: This administrative regulation is necessary to ensure proper handling by Kentucky museums of abandoned property on loan to the museum.

(c) How this administrative regulation conforms to the consent of the authorizing statues: KRS 141.849 mandates that administrative regulations be promulgated and outlines the procedures to acquire and conserve abandoned museum property.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: Currently the statute does not outline steps on conservation and handling of abandoned property. This administrative regulation will assist Kentucky museums to publish and provide notice that an item on loan is unclaimed and give the public the opportunity to claim the item.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation: N/A

(b) The necessity of the amendment to this administrative regulation: N/A

(d) How the amendment will assist in the effective administration of the statutes: N/A

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The Kentucky Historical Society, museums, historical societies, historical sites and landmarks, parks, and libraries located in Kentucky.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, it if is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: All museums will use conservation measures according to the guidelines of the International Council of Museums Code of Ethics. Those museums attempting to gain title to unclaimed property may increase their publication efforts by submitting a written request for additional online publication by the Kentucky Historical Society (KHS) of the museums’ attempt to gain title of abandoned property by publishing on the KHS website a copy of the newspaper notice required by KRS 171.840(2)(c).

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Cost of publication only occurs if museum voluntarily chooses to exercise an attempt to gain title to abandoned property.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The procedures outlined in ICOM code of ethics will assist Kentucky museums maintaining unclaimed property, and KHS will more efficiently provide publication notices for unclaimed properties to the public.

(5) Provide an estimate of how much it will cost the administrative body to implement the administrative regulation:

(a) Initially: No additional other than minor administrative costs; No other cost for implementation.

(b) On a continuing basis: No additional cost on a continuing basis.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No additional cost.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in funding will be necessary.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish or increase any fees.

(9) TIERING: Is tiering applied? Tiering was not applied to this administrative regulation because it applies equally to all individuals and entities regulated by it.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

1. What units, parts or divisions of state or local government (including cities, counties, fire department, or school districts) will be impacted by this administrative regulation? Kentucky Historical Society

2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 171.849

3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. None

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None

(d) How much will it cost to administer this program for the subsequent years? None

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenue (+/-):

Expenditures (+/-):

Other Explanation: