Sec. 20. Conservation or Disposal of Loaned Property.

355 words·~2 min read·/il/chapter-765/act-1033/20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of undocumented property or property on loan to the museum without the lender's or claimant's permission or formal notice if immediate action is required to protect the property on loan or other property in the custody of the museum, or because the property on loan has become a hazard to the health and safety of the public or to the museum's staff, and if one of the following applies:

(1)the property poses an immediate destructive risk to the museum's staff or collection

or the general public, in which case the museum may dispose of the property without delay and shall notify the lender of the action taken within 30 days;

(2)the museum is unable to reach the lender or claimant at the lender's or claimant's

address or phone number, if the action is to be taken within 30 days of the time the museum determines the action is necessary; or

(3)the museum contacts the lender and the lender or claimant does not agree to the

protective measures the museum recommends and does not or is unable to terminate the loan and collect the property within the time the museum determines the action is necessary.

(b)Unless an agreement provides otherwise, a museum that applies conservation measures to or disposes of loaned property in accordance with subsection (a):

(1)acquires and may enforce a lien on the loaned property in the amount of the costs

incurred by the museum; and

(2)is not liable to the lender or claimant for damage to, or loss of, the loaned

property if the museum:

(A)had a reasonable belief at the time the action was taken that the action was

necessary to protect the loaned property or other property in the custody of the museum, or that the loaned property was a hazard to the health and safety of the public or to the museum's staff; and

(B)exercised reasonable care in choosing and applying the conservation measures.