HB 5059 — Relating to cultural heritage institutions

CS for HB 5059 WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 5059 By Delegates Akers, Heckert, and Funkhouser [Originating in the Committee on the Judiciary;

Reportedreported on February 27, 2026] Eng CS for HB 5059 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §36-8B-1, §36-8B-2, §36-8B-3, §36-8B-4, §36-8B-5, §36-8B-6, §36-8B-7, and §36-8B-8, relating to authorizing cultural heritage institutions to claim title to certain property in possession of the cultural heritage institution after providing certain notices;

1 Eng CS for HB 5059 (d) "Lender" means a person or entity whose name appears on the records of a cultural heritage institution as the person or entity legally entitled to, or claiming to be legally entitled to, 1 CS for HB 5059 property held by the cultural heritage institution.

2 Eng CS for HB 5059 (3) If, within 60 days after receiving the notice, the lender does not respond by filing a notice of intent to preserve an interest in the property on loan, clear and unrestricted title is 2 CS for HB 5059 transferred to the cultural heritage institution.

3 Eng CS for HB 5059 (a) (1) A cultural heritage institution may acquire title to an unsolicited donation found on cultural heritage institution property by giving notice that the cultural heritage institution is asserting title to the unsolicited donation.

(2) In addition to the information required under this article, the notice required under 3 CS for HB 5059 section shall contain the following statement:

and (2) is not liable for injury to or loss of the 4 Eng CS for HB 5059 property if the cultural heritage institution:

and (B) exercised 4 CS for HB 5059 reasonable care in the choice and application of conservation measures.

or 5 Eng CS for HB 5059 (2) After reasonable effort to identify and locate the lender or designated agent, the institution cannot determine the identity of the current lender or the lender’s last known address.

of this code, published at least once a week for two successive weeks in a qualified newspaper of general circulation in the county of the institution’s primary location, and, if 5 CS for HB 5059 known, the county of the lender’s last known address.

NOTE:

The purpose of this bill is to authorize cultural heritage institutions to claim title to certain property in possession of the cultural heritage institution after providing certain notices.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.