41-1353

41-1353. Review and transfer of certain
historic property; exemption; definition

A. An agency shall notify the state library on forms prescribed by the director if
the agency has or acquires furniture, equipment or other personal property that is fifty
or more years of age or of known historical interest, including property escheated to the
state under title 12, chapter 7, article 5.

B. The director may authorize a person to inspect the personal property reported
under subsection A and recommend to the state library whether the personal property is of
an historic interest or value as would in the public interest require it to be made
available permanently for placement on public display in any restored executive,
legislative or judicial facility or museum area.

C. If the state library determines the personal property should be made available
for display purposes it shall provide written notice to the agency requesting prompt
transfer of the personal property to the state library.

D. An agency may apply to the secretary of state for an exemption from the transfer
required under subsection C by filing a prompt written response stating:

1. The length of time the agency has used the personal property.

2. Why the value of the personal property to the agency is greater than the
educational and historic value in displaying the personal property.

3. What harm the agency would suffer if the personal property is transferred to the
department.

4. That the use of federal monies in the initial acquisition of the personal
property legally precludes its transfer to the state library.

E. The secretary of state shall grant an exemption to a requested property transfer
if the secretary of state finds that the transfer of the property would result in
significant cost or disruption to the agency that would outweigh the educational and
historic value in displaying the property.

F. For the purposes of this section, "agency" means any branch, department,
commission, board or other unit of the state organization that receives, disburses or
expends state monies or incurs obligations against this state.