OklahomaHB 2161Oklahoma 2026 Regular SessionHouse

Museum property; definitions; undocumented property; loaned property; acquiring title; preservation; disposal; effective date.

Sponsored By: Mike Dobrinski (Republican)

Became Law

Senate Committee

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Museum lenders risk losing unclaimed loans

Beginning November 1, 2025, Oklahoma museums can take ownership of unclaimed loaned objects through a notice process. For expired loans, 2 years must pass after expiration without written contact. For loans without an end date, at least 2 years must pass since both the loan and last written contact. Museums must try written return notice after expiration and send certified mail to the lender's last-known address. Without proof of delivery within 30 days, they must publish notice in a newspaper of record in their county. Taking ownership also requires a final certified-mail notice containing the required claim information.

Museums can claim long-held undocumented property

Beginning November 1, 2025, Oklahoma museums can claim objects whose legal owners cannot be identified from museum records. Written records must show at least 7 years of possession, with no valid claim or contact. Museums must publish a first notice in a newspaper of record in their county. If no valid claim arrives within 90 days, they must publish a second notice. Ownership transfers on the date named in the first notice.

Museums inherit property otherwise going to state

Beginning November 1, 2025, a special rule applies when an owner dies with objects on loan to an Oklahoma museum. If those objects otherwise pass to the state, they instead become the museum's property. The law's other protections and claim procedures still apply. This rule does not transfer every deceased owner's museum loan.

Museum property claims face two-year deadlines

Beginning November 1, 2025, claimants generally have 2 years after ownership transfers to sue for Oklahoma museum property. Recovery claims also face 2-year deadlines after notice of intent to acquire property and after the last recorded written lender contact. Damage claims for loaned property are due within 2 years of notice or the injury or loss itself, whichever is earlier. Lenders who miss applicable deadlines are treated as having donated their objects. Lenders denied required notice can recover objects, or their reasonable value at disposal plus interest at the legal rate. They must prove the museum received adequate notice preserving their interest within the 2 years before suit. Claimants must prove their interests; competing claims require a court action to establish ownership. The law limits liability for returning property and bars suits against museums and staff for good-faith actions after the post-transfer deadline.

Museums can protect objects and charge costs

Beginning November 1, 2025, Oklahoma museums can preserve or dispose of loaned or undocumented objects when urgent action is needed. Action must protect the object or other museum property, or address a public or staff health or safety hazard. For loaned objects, a contrary written agreement controls; otherwise, action without permission requires an unreachable lender or one refusing care and retrieval. Museums can place a lien—a legal claim for their costs—on the objects and any disposal proceeds. Museums avoid liability for injury or loss only when they reasonably believe action is necessary and use reasonable care.

Museum lenders get notices and reporting duties

Beginning November 1, 2025, lenders must tell Oklahoma museums when their address or ownership of loaned objects changes. Museums seeking ownership under this law must keep records of owner names, addresses, phone numbers, loan dates, duration, and item lists. They must keep property records for at least 2 years after taking ownership. Museums must explain state unclaimed-property laws when loans begin and report their own address changes or closure to lenders. When loans expire, museums must try phone, email, and letter contact to arrange the property's return.

Sponsors & Cosponsors

Sponsor

Mike Dobrinski
Republican • House

Cosponsors

Darcy Jech
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 155 • No: 1

Senate vote • 4/30/2025

THIRD READING

Yes: 42 • No: 1

Senate vote • 4/15/2025

Committee vote: Judiciary

Yes: 8 • No: 0

House vote • 3/11/2025

THIRD READING

Yes: 84 • No: 0

House vote • 2/27/2025

DO PASS

Yes: 13 • No: 0

House vote • 2/13/2025