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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 357 Libraries; Archives; Poet Laureate
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The State of Oregon recognizes that:
(1) An informed citizenry is indispensable to the proper
functioning of a democratic society.
(2) Libraries constitute a cultural, informational and educational
resource essential to the people of this state.
(3) Library services should be available widely throughout the
state to bring within convenient reach of the people appropriate
opportunities for reading, study and free inquiry.
(4) Providing and supporting adequate library services is a proper
and necessary function of government at all levels.
(5) It is a basic right of citizens to know about the activities of
their government, to benefit from the information developed at public
expense and to have permanent access to the information published by
state agencies. [1975 c.476 §2; 1995 c.69 §1; 2005 c.33 §1] It is the policy of the people of the State of
Oregon:
(1) To promote the establishment, development and support of
library services for all of the people of this state.
(2) To provide library services suitable to support informed
decisions by the personnel of government.
(3) To encourage cooperation between units of government and
between and among libraries and to encourage the joint exercise of powers
where such cooperation or joint exercise will increase the extent of
library services in a fair and equitable manner.
(4) To ensure that copies of all public documents and access to
state agency information in electronic form are available to citizens
through a system of depository libraries. [Formerly 357.705; 1995 c.69 §2] As used in ORS
357.001 to 357.200, unless the context requires otherwise:
(1) "Depository library" means a library that is designated as such
under ORS 357.095.
(2)(a) "Issuing agency" means state government, as that term is
defined in ORS 174.111.
(b) "Issuing agency" does not include the State Board of Higher
Education or any institution, division or department under the control of
the board.
(3)(a) "Public document" means informational matter produced for
public distribution or access regardless of format, medium, source or
copyright, originating in or produced with the imprint of, by the
authority of or at the total or partial expense of any state agency.
"Public document" includes informational matter produced on computer
diskettes, CD-ROMs, computer tapes, the Internet or in other electronic
formats.
(b) "Public document" does not include:
(A) Correspondence, forms, interoffice or intraoffice memoranda;
(B) Legislative bills;
(C) Oregon Revised Statutes or any edition thereof; or
(D) Reports and publications of the Oregon Supreme Court, the
Oregon Court of Appeals and the Oregon Tax Court. [1995 c.69 §4; 2005
c.33 §2](Duties, Powers and Location) (1) The
State Library shall be the agency of government responsible for executing
the functions as set forth in ORS 357.001 and 357.003.
(2) To carry out its duties under subsection (1) of this section,
the State Library may:
(a) Promote adequate library services for all of the people of this
state.
(b) Provide advice and assistance to libraries, to library boards,
to units of local government empowered to establish libraries and to
departments and agencies of state government in matters concerning the
establishment, support, operation, improvement and coordination of
libraries and library services, and the cooperation between libraries.
(c) Maintain and develop appropriate collections of library
materials to supplement the collections and services of other libraries
in the state and to meet the reference and research needs of the
Legislative Assembly and of the state government by providing library
services thereto.
(d) With the advice of the libraries of the state, provide a
network whereby the library resources in this state are made available to
all of the people of this state under reasonable conditions and subject
to appropriate compensation to libraries providing library services to
persons beyond their primary clientele.
(e) Provide for state participation in regional, national or
international library networks and systems designed to increase the
quality of library services for the people of this state.
(f) Provide for the people of this state specialized library
services not generally available in other libraries in the state.
(g) Provide library services to people who are blind or
print-disabled in cooperation with the United States Library of Congress.
(h) Provide for in-service and continuing education programs for
library personnel in the state.
(i) Expend such federal, state or private funds as may be available
to the state to demonstrate, develop and support library services in
accordance with long-range plans for statewide development and
coordination of library services.
(j) Prescribe the conditions for use of state documents in
depository libraries, and provide for permanent public access to state
government publications.
(k) Report statistical data on public, school and other libraries
of this state useful in the conduct of the work of the State Library and
in the development of effective library services throughout the state.
(L) Carry out other activities authorized by law for the
development of library services for the people of this state.
(3) State Library books shall be loaned free of charge to the
people of Oregon through existing libraries. [Formerly 357.080; 1993 c.29
§1; 2003 c.172 §1; 2005 c.33 §3]Subject to ORS 276.004, the
principal library of the State Library shall be in the state capitol mall
area. Other quarters may also be obtained, leased, acquired or provided
at other locations when necessary to carry out the functions of the State
Library. [Formerly 357.060](Trustees) (1) The Governor shall appoint
seven persons, who shall constitute the Trustees of the State Library.
All appointments shall be for a term of four years beginning on July 1 of
the year of appointment, except appointments to fill vacancies, which
shall be made by the Governor for the unexpired term. Members shall be
eligible for reappointment for only one additional term, but any person
may be appointed again to the board after an interval of one year. All
appointments of members by the Governor are subject to confirmation by
the Senate in the manner provided in ORS 171.562 and 171.565.
(2) A member is entitled to compensation and expenses as provided
in ORS 292.495.
(3) The members shall elect a chairperson who shall serve for one
year commencing July 1. The State Librarian shall serve as secretary to
the trustees. [Amended by 1955 c.41 §1; 1965 c.378 §6; 1969 c.314 §27;
1973 c.792 §12; 1975 c.476 §6] The Trustees of the State
Library shall be the policy-making body for the State Library and shall:
(1) Appoint the State Librarian who shall be a graduate of a
library school accredited by the American Library Association or who
possesses the equivalent in training and experience and who shall serve
at the pleasure of the trustees. Except as otherwise provided by law, the
trustees shall fix the compensation of the State Librarian.
(2) Formulate general policies for the State Library and, pursuant
to ORS chapter 183, adopt rules for its operation.
(3) Review and approve budget requests for the State Library.
(4) Adopt long-range plans for the statewide development and
coordination of library service in consultation with libraries, state and
local governments and the people of this state.
(5) At the beginning of each regular session of the Legislative
Assembly, advise the Governor and the Legislative Assembly on new
programs or legislation necessary for effective library service for the
people of this state.
(6) Have control of, use and administer the State Library Donation
Fund for the benefit of the State Library, except that every gift, devise
or bequest for a specific purpose shall be administered according to its
terms. [Formerly 357.230; 1995 c.69 §9] The Trustees of the State Library
may:
(1) Enter into contracts with any person or governmental entity:
(a) To provide, extend, improve or coordinate library services; or
(b) To demonstrate appropriate programs of library services.
(2) Enter into library agreements pursuant to Article V of the
Interstate Library Compact (ORS 357.340).
(3) Establish, equip and maintain regional library service centers
of the State Library outside the City of Salem when the library needs of
the state will be better served. [1961 c.251 §2 (enacted in lieu of
357.030); 1965 c.354 §6; 1973 c.439 §10; 1975 c.476 §9]
Subject to the provisions of ORS 291.260 and 291.375, the Trustees of the
State Library are designated as a state agency empowered to apply for
federal or private funds and accept and enter into appropriate agreements
for library purposes on behalf of the state or its political subdivisions
or for any activity appropriate to the State Library on behalf of the
state for the receipt of such funds from the federal government or its
agencies or from any private source, and supervise the disbursement of
such funds. [Formerly 357.220] (1)
The Trustees of the State Library may acquire control and dispose of any
and all real and personal property given to or for the benefit of the
State Library by private donors, whether the gifts of the property are
made to the State Library or to the trustees thereof or to the State of
Oregon for the benefit of the library.
(2) The trustees may accept by assignment and hold mortgages upon
real and personal property acquired by way of gift or arising out of
transactions entered into in accord with the powers, duties and authority
given by this section, ORS 357.015 (6) and 357.195 to the trustees.
(3) The trustees may institute, maintain and participate in suits,
actions and other judicial proceedings in the name of the State of Oregon
for the foreclosure of such mortgages or for the purpose of carrying into
effect any and all of the powers, duties and authority now vested in or
given by this section, ORS 357.015 (6) and 357.195 to the trustees.
[Amended by 1975 c.476 §11; 1995 c.69 §11](State Librarian)
The State Librarian shall:
(1) Serve as Secretary to the Trustees of the State Library and
keep the official record of their actions.
(2) Be the chief administrative officer of the State Library in
accordance with policies established by the trustees and the laws of this
state. [Amended by 1961 c.251 §3; 1975 c.476 §12] The State Librarian
shall:
(1) Pursuant to the State Personnel Relations Law, appoint and fix
the compensation of, and prescribe the working conditions for such staff
as may be necessary to carry out the functions of the State Library.
(2) Make all reports, maintain all records and execute all
instruments required by law or rule and perform all duties necessary to
discharge the functions of the State Library.
(3) Assist local librarians and library boards in answering
questions concerning the library laws. [1961 c.251 §5 (enacted in lieu of
357.070); 1971 c.185 §1; 1975 c.476 §13](Public Documents)(1) Unless a greater or
lesser number is agreed upon by the State Librarian and the issuing
agency, the Oregon Department of Administrative Services or, in the event
the department is unable to furnish the requisite number of copies of the
public document, the issuing agency shall make available to the State
Librarian for distribution to depository libraries 10 copies of all
public documents that are printed or produced in any other tangible
medium. The department may withhold the prescribed number of copies from
each printing order and forward them to the State Librarian. The cost of
printing for all copies of a public document furnished to the State
Librarian in compliance with this subsection shall be borne by the
issuing agency. An issuing agency shall make available to the State
Library electronic versions of the agency's public documents that are
produced in a tangible medium. An issuing agency shall also designate all
public documents that are published electronically so that the document
may be made available to the State Library.
(2) The head of each issuing agency or a designee shall be the
public documents liaison officer for the agency and shall be responsible
for carrying out the agency's obligations under this section. Each
issuing agency shall notify the State Librarian of the name of the
agency's public documents liaison officer.
(3) Each issuing agency shall provide to the State Librarian an
annual listing of all public documents, including those produced in
electronic form, that the agency has made available to the public during
the preceding year.
(4) Issuing agencies shall not charge any public, school or
academic library for access to information produced by the agency and
maintained in electronic form. [1995 c.69 §5; 2001 c.539 §13; 2005 c.33
§4] The Trustees of the
State Library shall designate no more than 10 libraries as depository
libraries, which shall be entitled to receive copies of public documents
that are printed or produced in any other tangible medium and are
deposited with the State Librarian under ORS 357.090. Selection of
libraries shall be based upon the size of population served, geographic
distribution and the ability of the library to provide the public with
access to these public documents. [1995 c.69 §6; 2005 c.33 §5](1) The State Library shall be the agency responsible
for receiving copies of public documents and making them available to
depository libraries.
(2) The State Librarian shall periodically assess the performance
of depository libraries and report the results of these assessments to
the Trustees of the State Library.
(3) The State Library shall ensure permanent public access to
public documents, regardless of the format of the document. [1995 c.69
§7; 2005 c.33 §6] Depository
libraries shall make available for free access by all persons the public
documents made available to them by the State Librarian under ORS 357.090
to 357.100. [1995 c.69 §8](Finances)(1) The State Library Donation Fund is
established separate and distinct from the General Fund. The following
moneys shall be placed in the fund:
(a) Gifts and donations to the State Library;
(b) The interest, income, dividends or profits received on any
property or funds of the State Library derived from gifts, legacies,
devises, bequests, endowments or other donations;
(c) Other interest earned by the fund; and
(d) Any other moneys placed in the fund as provided by law.
(2) Moneys in the fund that are derived from profits, interest or
other earnings traceable to a specific gift, legacy, devise, bequest,
endowment or other donation shall be used in the same manner as the
principal or corpus of the gift, legacy, devise, bequest, endowment or
other donation.
(3) The State Treasurer shall credit monthly to the fund any
interest or other income derived from the fund or the investing thereof.
(4) The Trustees of the State Library may establish a Talking Book
and Braille Library Endowment Fund as a subaccount of the State Library
Donation Fund.
(5) Moneys in the State Library Donation Fund are continuously
appropriated to the State Library for use by, and support and maintenance
of, the State Library. Claims against the fund shall be approved and
warrants issued in the manner provided by law. [Formerly 357.270; 1989
c.966 §42; 2001 c.379 §1; 2005 c.755 §28] (1) The State Librarian
shall deposit with the State Treasurer all moneys received for materials
furnished and for services rendered and all federal grants and other
revenues received, except those described in ORS 357.195. Moneys
deposited with the treasurer under this subsection shall be deposited
into the Miscellaneous Receipts Account for the State Library and are
continuously appropriated to the State Library for books, pamphlets and
periodicals, and for any other purpose authorized by law.
(2) The State Library may maintain a petty cash fund in compliance
with ORS 293.180 in the amount of $200 from moneys in the Miscellaneous
Receipts Account for the State Library. [Amended by 1953 c.136 §4; 1959
c.137 §1; 1961 c.172 §4; 1961 c.251 §7; 1975 c.476 §15; 2001 c.716 §28](1) The State Library and
State of Oregon Law Library operating budget for services to state
agencies shall be assessed against all state agencies except the Oregon
University System. The State Library assessment shall be apportioned
among the agencies as follows:
(a) One-third of the assessment shall be based on the use of the
State Library by the agency; and
(b) Two-thirds of the assessment shall be based on the number of
full-time equivalent employees budgeted by the agency.
(2) Except as provided in subsection (4) of this section, the
Oregon Department of Administrative Services shall cause the amount
assessed to be transferred from the moneys appropriated to each state
agency to the Miscellaneous Receipts Account for the State Library.
(3) Subject to the provisions of subsection (5) of this section,
the department shall determine and may at any time redetermine which
state funds or appropriations shall be assessed a reasonable share of
State Library and State of Oregon Law Library operating expenses that
support state agencies. In determining or redetermining the funds that
shall be so assessed:
(a) A fund consisting of moneys the use of which is restricted by
the Oregon Constitution shall be assessed only those governmental service
expenses ascertained as being necessarily incurred in connection with the
purposes set forth in the Oregon Constitution.
(b) Trust funds shall be assessed only those governmental service
expenses ascertained as being necessarily incurred in connection with the
purposes for which the trust fund was established.
(c) State agencies shall be assessed only the State Library and
State of Oregon Law Library expenditures that support state agencies.
(4) The Oregon Department of Administrative Services shall cause
the amount assessed against state agencies for the operating budget of
the State of Oregon Law Library to be transferred to the Judicial
Department. Moneys transferred under this subsection are continuously
appropriated to the Judicial Department and may be used only for the
costs of operating the State of Oregon Law Library.
(5) Unless the Oregon Department of Administrative Services and the
Judicial Department agree to a different methodology and formula, the
State of Oregon Law Library assessment shall be apportioned on the basis
of the number of full-time equivalent employees budgeted by the agency.
[1993 c.685 §4; 1997 c.801 §102; 2001 c.779 §9; 2005 c.538 §1](Grants)(1) The state shall provide financial assistance for
library resource sharing activities to public, school, tribal and
academic libraries from funds specifically appropriated therefor in order
to implement ORS 357.005 (2)(d), which provides for a statewide network
of all types of libraries. The grants shall be provided only to libraries
that make interlibrary loans at no charge to other public, school, tribal
and academic libraries in this state and shall be expended for one or
more of the following purposes:
(a) To provide matching grants and other assistance to facilitate
the statewide licensing of electronic databases for all types of
libraries;
(b) To reimburse a library that serves as a regional center for the
referral of reference questions from other libraries or provides
reference services in connection with a statewide cooperative reference
services project; and
(c) To provide matching grants or other assistance to facilitate
statewide ground delivery of library materials to public, school, tribal
and academic libraries.
(2) As used in this section, "tribal library" means a library
operated by a federally recognized Indian tribe in Oregon. [1993 c.685
§1; 2003 c.582 §1; 2005 c.98 §1] The Trustees of the State Library shall
administer the provisions of ORS 357.203 to 357.212 and shall adopt rules
governing the application for and granting of funds. Funds granted for
reference services by one library for other libraries may be arranged by
contract. [1993 c.685 §2; 2003 c.582 §2] Public libraries, established in accordance
with ORS 357.410, school libraries, tribal libraries, as defined in ORS
357.206, or any academic library in Oregon may apply for resource sharing
grants on an annual basis. [1993 c.685 §3; 2003 c.582 §3; 2005 c.98 §2]LIBRARY DISTRICTS As used in ORS
357.216 to 357.286, unless the context requires otherwise:
(1) "County governing body" means the county court or board of
county commissioners of the county.
(2) "County" means the county in which the administrative office of
the district is located.
(3) "District" means a library district formed under ORS 198.010,
198.180, 198.520, 198.710, 255.012, 357.216 to 357.286 and 357.400.
(4) "District board" or "board" means the governing body of a
district. [1981 c.226 §1] (1) A library
district may be created as provided in ORS 198.705 to 198.955 and 357.216
to 357.286.
(2) In addition to other required matters, a petition for formation
of a district shall state the method of election of the board of the
proposed district from among the methods described in ORS 357.241. [1981
c.226 §2] (1) In addition
to other methods for formation of a district authorized under ORS chapter
198 and ORS 357.216 to 357.286, the governing body in each of two or more
counties may initiate the formation of a multicounty district, to be
located entirely within those counties, by an order setting forth:
(a) The intention of the county governing body to initiate the
formation of a district and citing the principal Act.
(b) The name and boundaries of the proposed district.
(c) The date, time and place of a public hearing on the proposal.
(2) The orders issued under subsection (1) of this section must be
substantially similar, set forth the same name and boundaries for the
proposed district and be issued within a 90-day period.
(3) Each county governing body issuing an order under this section
shall hold a public hearing on the proposal.
(4) After the public hearings held by each county governing body,
further hearings and the election on the proposal, and election of board
members, shall be conducted as provided by ORS 198.800 to 198.825 except
that:
(a) Hearings shall be conducted by the governing body of the
principal county involved in the proposed formation; and
(b) Notwithstanding ORS 198.810 (3), the governing body of the
principal county shall provide by order for the holding of an election to
submit to the electors registered within the proposed district the
question of forming the district.
(5) As used in this section, "principal county" has the meaning
given that term in ORS 198.705. [1987 c.578 §2; 2005 c.747 §6] (1) The
officers of the district shall be a board of five members, to be elected
by the electors of the district. The district board shall appoint a
district librarian, who shall be the secretary for the district.
(2) Any elector residing within the district shall be qualified to
serve as a district board member. [1981 c.226 §3] (1) Five district board
members shall be elected at the election for district formation.
Nominating petitions or declarations of candidacy described in ORS
249.031 shall be filed with the county governing body. The fee for a
declaration of candidacy shall be as prescribed in ORS 255.235.
(2) If the effective date of the formation of the district occurs
in an odd-numbered year, two district board members shall be elected for
four-year terms and the other three district board members shall be
elected for two-year terms. If the effective date of the formation occurs
in an even-numbered year, two district board members shall be elected for
three-year terms and the other three district board members shall be
elected for one-year terms.
(3) Each district board member shall hold office until election and
qualification of a successor. [1981 c.226 §4; 1999 c.318 §51] (1) ORS chapter 255 governs the
following:
(a) The nomination and election of district board members.
(b) The conduct of district elections.
(2) The electors of a district may exercise the powers of the
initiative and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205. [1983 c.350 §220] (1) If two or three
board members are to be elected at a regular district election at large,
the candidates receiving the highest number of votes shall be elected. If
one or more board members are to be elected by zone, the candidate
receiving the highest number of votes in each zone shall be elected.
(2) Each district board member elected shall take an oath of office
and shall hold office from July 1, next following election.
(3) The district board shall fill any vacancy on the board as
provided in ORS 198.320.
(4) The term of a district board member is four years. [1981 c.226
§5; 1983 c.350 §218; 1983 c.514 §20] (1) The district board
members may be elected in one of the following methods or a combination
thereof:
(a) Elected by the electors of zones as nearly equal in population
as possible according to the latest federal census.
(b) Elected at large by position number by the electors of the
district.
(2) Candidates for election from zones shall be nominated by
electors of the zones. [1981 c.226 §6] (1) This
section establishes the procedure for determining whether the method
adopted in a district for nominating and electing board members should be
changed to another method described in ORS 357.241. The question shall be
decided by election. The district board:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as provided
in this section.
(2) Except as otherwise provided in this section, the requirements
for preparing, circulating and filing a petition under this section shall
be as provided for an initiative petition in ORS 255.135 to 255.205.
(3) If the question proposes creation of zones or a change in the
number of existing zones, the following requirements shall apply:
(a) The petition shall contain a map indicating the proposed zone
boundaries. The map shall be attached to the cover sheet of the petition
and shall not exceed 14 inches by 17 inches in size.
(b) Notwithstanding ORS 250.035, the statement summarizing the
measure and its major effect in the ballot title shall not exceed 150
words. The statement:
(A) Shall specify the method of election of board members from
among the methods described in ORS 357.241. The statement also shall
specify whether, in filling each position on the board, an elector of the
district may sign a petition of nomination or vote for a candidate from
any zone or only for a candidate from the zone in which the elector
resides.
(B) Shall include a general description of the proposed boundaries
of the zones, using streets and other generally recognized features.
(c) The order calling the election shall contain a map of the
proposed zone boundaries and a metes and bounds or legal description of
the proposed zone boundaries. The map and description shall be prepared
by the county surveyor or county assessor and shall reflect any
adjustment made in the boundaries under subsection (6) of this section.
(4) The map to be contained in the petition under subsection (3) of
this section shall be prepared by the county surveyor or county assessor.
The chief petitioners shall pay the county for the cost of preparing the
map, as determined by the county surveyor or county assessor. The county
clerk shall not accept the prospective petition for filing until the
chief petitioners have paid the amount due.
(5) Subsection (3) of this section does not apply if the question
proposes abolition of all zones.
(6) Before submitting to election a question to which subsection
(3) of this section applies, the district board shall adjust the proposed
boundaries of the zones to make them as nearly equal in population as
feasible according to the latest federal census. The district board shall
amend the ballot title as necessary to reflect its adjustment of the
boundaries.
(7) If the electors of the district approve the establishment of
zones or a change in the number of existing zones, board members shall
continue to serve until their terms of office expire. As vacancies occur,
positions to be filled by nomination or election by zone shall be filled
by electors who reside within zones which are not represented on the
board. If more than one zone is not represented on the board when a
vacancy occurs, the zone entitled to elect a board member shall be
decided by lot. [1981 c.226 §7; 1983 c.350 §221; 1995 c.79 §196; 1995
c.534 §16] The board shall adjust the boundaries of
zones established within a district as necessary to make them as nearly
equal in population as is feasible according to the latest federal
census. The district board also shall adjust boundaries of zones as
necessary to reflect boundary changes of the district. [1981 c.226 §8;
1983 c.350 §222]For purposes of ad valorem taxation, a boundary
change must be filed in final approved form with the county assessor and
the Department of Revenue as provided in ORS 308.225. [2001 c.138 §18]
(1) The district board shall be the governing body of the district and
shall exercise all powers thereof.
(2) At its first meeting or as soon thereafter as may be
practicable, the board shall choose one of its members as president.
[1981 c.226 §9] A library district has the power:
(1) To have and use a common seal.
(2) To sue and be sued in its name.
(3) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the board,
are necessary or proper to the exercise of any power of the district, and
to direct the payment of all lawful claims or demands.
(4) To assess, levy and collect taxes to pay the cost of acquiring
sites for and constructing, reconstructing, altering, operating and
maintaining a library or any lawful claims against the district, and the
operating expenses of the district.
(5) To employ all necessary agents and assistants.
(6) To call elections after the formation of the district.
(7) To enlarge the boundaries of the district as provided by ORS
198.705 to 198.955.
(8) Generally to do and perform any and all acts necessary and
proper to the complete exercise and effect of any of its powers or the
purposes for which it was formed.
(9) Whenever authorized by the electors, to issue general
obligation bonds of the district. However, the aggregate amount of
general obligation bonds issued and outstanding at any one time shall not
exceed two and one-half percent of the real market value of all taxable
property of the district, computed in accordance with ORS 308.207.
(10) To exercise those powers granted to local government units for
public libraries under ORS 357.410. [1981 c.226 §10; 1983 c.350 §223;
1991 c.459 §386; 2001 c.104 §122; 2003 c.802 §100]
Each year the district board shall determine and fix the amount of money
to be levied and raised by taxation, for the purposes of the district.
The total amount in dollars and cents shall not exceed one-fourth of one
percent (0.0025) of the real market value of all taxable property within
the district computed in accordance with ORS 308.207. [1981 c.226 §11;
1991 c.459 §387]The board, by resolution duly adopted, may establish
sinking funds for the purpose of defraying the costs of acquiring land
for library sites, and for acquiring or constructing buildings or
facilities. A sinking fund may be created through the inclusion annually
within the tax budget of the district of items representing the yearly
installments to be credited to the fund. The amount of these items shall
be collected and credited to the proper fund in the same manner in which
taxes levied or revenues derived for other purposes for the district are
collected and credited. The balances to the credit of the funds need not
be taken into consideration or deducted from budget estimates by the
levying authority in preparing the annual budget of the district. None of
the moneys in sinking funds shall be diverted or transferred to other
funds, but if unexpended balances remain after disbursement of the funds
for the purpose for which they were created, such balances, upon approval
by resolution of the board, shall be transferred to the operation and
maintenance fund of the district. [1981 c.226 §12] (1) The money
of the district shall be deposited, in the discretion of the district
board, either with the county treasurer of the county, in accordance with
subsections (2) to (4) of this section, or in one or more banks or
savings and loan associations to be designated by the board. Funds
deposited in a bank or savings and loan association shall be withdrawn or
paid out only upon proper order and warrant or check signed by the
secretary and countersigned by the president of the district board. The
board may by resolution designate a secretary pro tempore or a president
pro tempore who may sign warrants or checks on behalf of the secretary
and president, respectively.
(2) If district funds are deposited with the county treasurer, when
the tax collector pays over to the county treasurer moneys collected for
a district, the county treasurer shall keep the moneys in the county
treasury as follows:
(a) The county treasurer shall place and keep in a fund called the
operation and maintenance fund of the district (naming it) the moneys
levied by the district board for that fund.
(b) The county treasurer shall place and keep in a fund called the
construction fund of the district (naming it) the moneys levied by the
board for construction, reconstruction and alteration.
(3) The county treasurer shall pay out moneys from the funds only
upon the written order of the board, signed by the president and
countersigned by the secretary. The order shall specify the name of the
person to whom the money is to be paid and the fund from which it is to
be paid, and shall state generally the purpose for which the payment is
made. The order shall be entered in the minutes of the board.
(4) The county treasurer shall keep the order as a voucher, and
shall keep a specific account of the county treasurer's receipts and
disbursements of money for the district. [1981 c.226 §13] The district board may call upon the
district attorney for the advice as to any district business. The
district attorney shall give advice when called on therefor by the board.
The board may at any time employ special counsel for any purpose. [1981
c.226 §14] A district may establish
an employees' retirement system as provided for rural fire protection
districts under ORS 478.355 to 478.370. [1981 c.226 §15]INTERSTATE LIBRARY COMPACT As used in ORS
357.330 to 357.370, except where the context otherwise requires:
(1) "Compact" means the Interstate Library Compact.
(2) "Public library agency", with reference to this state, means
the State Library or any local government unit authorized by ORS 357.410
to establish a public library, or any public library board. [1965 c.354
§1; 1975 c.476 §32] The Interstate Library Compact
hereby is enacted into law and entered into by this state with all states
legally joining therein in the form substantially as follows:
___________________________________________________________________________
___ARTICLE I
POLICY AND PURPOSE
Because the desire for the services provided by libraries
transcends governmental boundaries and can most effectively be satisfied
by giving such services to communities and people regardless of
jurisdictional lines, it is the policy of the states party to this
compact to cooperate and share their responsibilities; to authorize
cooperation and sharing with respect to those types of library facilities
and services which can be more economically or efficiently developed and
maintained on a cooperative basis; and to authorize cooperation and
sharing among localities, states and others in providing joint or
cooperative library services in areas where the distribution of
population or of existing and potential library resources make the
provision of library service on an interstate basis the most effective
way of providing adequate and efficient service.
ARTICLE II
DEFINITIONS
As used in this compact:
(a) "Public library agency" means any unit or agency of local or
state government operating or having power to operate a library.
(b) "Private library agency" means any nongovernmental entity which
operates or assumes a legal obligation to operate a library.
(c) "Library agreement" means a contract establishing an interstate
library district pursuant to this compact or providing for the joint or
cooperative furnishing of library services.
ARTICLE III
INTERSTATE LIBRARY DISTRICTS
(a) Any one or more public library agencies in a party state in
cooperation with any public library agency or agencies in one or more
other party states may establish and maintain an interstate library
district. Subject to the provisions of this compact and any other laws of
the party states which pursuant hereto remain applicable, such district
may establish, maintain and operate some or all of the library facilities
and services for the area concerned in accordance with the terms of a
library agreement therefor. Any private library agency or agencies within
an interstate library district may cooperate therewith, assume duties,
responsibilities and obligations thereto, and receive benefits therefrom
as provided in any library agreement to which such agency or agencies
become party.
(b) Within an interstate library district, and as provided by a
library agreement, the performance of library functions may be undertaken
on a joint or cooperative basis or may be undertaken by means of one or
more arrangements between or among public or private library agencies for
the extension of library privileges to the use of facilities or services
operated or rendered by one or more of the individual library agencies.
(c) If a library agreement provides for joint establishment,
maintenance or operation of library facilities or services by an
interstate library district, such district shall have power to do any one
or more of the following in accordance with such library agreement:
1. Undertake, administer and participate in programs or
arrangements for securing, lending or servicing books and other
publications, any other materials suitable to be kept or made available
by libraries, library equipment or for the dissemination of information
about libraries, the value and significance of particular items therein,
and the use thereof.
2. Accept for any of its purposes under this compact any and all
donations, and grants of money, equipment, supplies, materials, and
services, (conditional or otherwise), from any state or the United States
or any subdivision or agency thereof, or interstate agency, or from any
institution, person, firm or corporation, and receive, utilize and
dispose of the same.
3. Operate mobile library units or equipment for the purpose of
rendering bookmobile service within the district.
4. Employ professional, technical, clerical and other personnel,
and fix terms of employment, compensation and other appropriate benefits;
and where desirable, provide for the inservice training of such personnel.
5. Sue and be sued in any court of competent jurisdiction.
6. Acquire, hold, and dispose of any real or personal property or
any interest or interests therein as may be appropriate to the rendering
of library service.
7. Construct, maintain and operate a library, including any
appropriate branches thereof.
8. Do such other things as may be incidental to or appropriate for
the carrying out of any of the foregoing powers.
ARTICLE IV
INTERSTATE LIBRARY DISTRICTS,
GOVERNING BOARD
(a) An interstate library district which establishes, maintains or
operates any facilities or services in its own right shall have a
governing board which shall direct the affairs of the district and act
for it in all matters relating to its business. Each participating public
library agency in the district shall be represented on the governing
board which shall be organized and conduct its business in accordance
with provision therefor in the library agreement. But in no event shall a
governing board meet less often than twice a year.
(b) Any private library agency or agencies party to a library
agreement establishing an interstate library district may be represented
on or advise with the governing board of the district in such manner as
the library agreement may provide.
ARTICLE V
STATE LIBRARY AGENCY
COOPERATION
Any two or more state library agencies of two or more of the party
states may undertake and conduct joint or cooperative library programs,
render joint or cooperative library services, and enter into and perform
arrangements for the cooperative or joint acquisition, use, housing and
disposition of items or collections of materials which, by reason of
expense, rarity, specialized nature, or infrequency of demand therefor
would be appropriate for central collection and shared use. Any such
programs, services or arrangements may include provision for the exercise
on a cooperative or joint basis of any power exercisable by an interstate
library district and an agreement embodying any such program, service or
arrangement shall contain provisions covering the subjects detailed in
Article VI of this compact for interstate library agreements.
ARTICLE VI
LIBRARY AGREEMENTS
(a) In order to provide for any joint or cooperative undertaking
pursuant to this compact, public and private library agencies may enter
into library agreements. Any agreement executed pursuant to the
provisions of this compact shall, as among the parties to the agreement:
1. Detail the specific nature of the services, programs,
facilities, arrangements or properties to which it is applicable.
2. Provide for the allocation of costs and other financial
responsibilities.
3. Specify the respective rights, duties, obligations and
liabilities of the parties.
4. Set forth the terms and conditions for duration, renewal,
termination, abrogation, disposal of joint or common property, if any,
and all other matters which may be appropriate to the proper effectuation
and performance of the agreement.
(b) No public or private library agency shall undertake to exercise
itself, or jointly with any other library agency, by means of a library
agreement any power prohibited to such agency by the constitution or
statutes of its state.
(c) No library agreement shall become effective until filed with
the compact administrator of each state involved, and approved in
accordance with Article VII of this compact.
ARTICLE VII
APPROVAL OF LIBRARY AGREEMENTS
(a) Every library agreement made pursuant to this compact shall,
prior to and as a condition precedent to its entry into force, be
submitted to the attorney general of each state in which a public library
agency party thereto is situated, who shall determine whether the
agreement is in proper form and compatible with the laws of the state of
the attorney general. The attorneys general shall approve any agreement
submitted to them unless they shall find that it does not meet the
conditions set forth herein and shall detail in writing addressed to the
governing bodies of the public library agencies concerned the specific
respects in which the proposed agreement fails to meet the requirements
of law. Failure to disapprove an agreement submitted hereunder within 90
days of its submission shall constitute approval thereof.
(b) In the event that a library agreement made pursuant to this
compact shall deal in whole or in part with the provision of services or
facilities with regard to which an officer or agency of the state
government has constitutional or statutory powers of control, the
agreement shall, as a condition precedent to its entry into force, be
submitted to the state officer or agency having such power of control and
shall be approved or disapproved by the state officer or agency as to all
matters within the state officer's or agency's jurisdiction in the same
manner and subject to the same requirements governing the action of the
attorneys general pursuant to paragraph (a) of this article. This
requirement of submission and approval shall be in addition to and not in
substitution for the requirement of submission to and approval by the
attorneys general.
ARTICLE VIII
OTHER LAWS APPLICABLE
Nothing in this compact or in any library agreement shall be
construed to supersede, alter or otherwise impair any obligation imposed
on any library by otherwise applicable law, nor to authorize the transfer
or disposition of any property held in trust by a library agency in a
manner contrary to the terms of such trust.
ARTICLE IX
APPROPRIATIONS AND AID
(a) Any public library agency party to a library agreement may
appropriate funds to the interstate library district established thereby
in the same manner and to the same extent as to a library wholly
maintained by it and, subject to the laws of the state in which such
public library agency is situated, may pledge its credit in support of an
interstate library district established by the agreement.
(b) Subject to the provisions of the library agreement pursuant to
which it functions and the laws of the states in which such district is
situated, an interstate library district may claim and receive any state
and federal aid which may be available to library agencies.
ARTICLE X
COMPACT ADMINISTRATOR
Each state shall designate a compact administrator with whom copies
of all library agreements to which the administrator's state or any
public library agency thereof is party shall be filed. The administrator
shall have such other powers as may be conferred upon the administrator
by the laws of the state of the administrator and may consult and
cooperate with the compact administrators of other party states and take
such steps as may effectuate the purposes of this compact. If the laws of
a party state so provide, such state may designate one or more deputy
compact administrators in addition to its compact administrator.
ARTICLE XI
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force and effect immediately upon
its enactment into law by any two states. Thereafter, it shall enter into
force and effect as to any other state upon the enactment thereof by such
state.
(b) This compact shall continue in force with respect to a party
state and remain binding upon such state until six months after such
state has given notice to each other party state of the repeal thereof.
Such withdrawal shall not be construed to relieve any party to a library
agreement entered into pursuant to this compact from any obligation of
that agreement prior to the end of its duration as provided therein.
ARTICLE XII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state party thereto, the compact
shall remain in full force and effect as to the remaining states and in
full force and effect as to the state affected as to all severable
matters.
___________________________________________________________________________
___[1965 c.354 §2]Note: For ratification of the Interstate Library Compact by Idaho
legislature, see chapter 252, Idaho Laws, 1965, effective May 17, 1965.
For ratification of the Interstate Library Compact by Washington
legislature, see chapter 93 of Laws, Extraordinary Session 1965,
effective August 6, 1965.The State Librarian shall be the
compact administrator pursuant to Article X of the Interstate Library
Compact. The State Librarian shall appoint one or more deputy compact
administrators. Every library agreement made pursuant to Article VI of
the compact shall, as a condition precedent to its entry into force, be
submitted to the State Librarian for recommendations. [1965 c.354 §3] No unit
of local government or public library board shall be a party to a library
agreement which provides for the construction or maintenance of a library
pursuant to Article III, subdivision (c-7) of the Interstate Library
Compact, nor levy a tax or issue bonds to contribute to the construction
or maintenance of such a library, except after compliance with any laws
applicable to public libraries relating to or governing the levying of
taxes or the issuance of bonds. [1965 c.354 §4; 1975 c.476 §33]
In the event of withdrawal from the Interstate Library Compact the
compact administrator shall send and receive any notices required by
Article XI (b) of the compact. [1965 c.354 §5]PUBLIC LIBRARIES As used in ORS
357.400 to 357.621:
(1) "Governing body" means the board, commission, council or other
body which governs the local government unit.
(2) "Local government unit" means any city, county, library service
district established under ORS chapter 451, school district, community
college district or a library district established under ORS 357.216 to
357.286.
(3) "Public library" or "public library system" means a public
agency responsible for providing and making accessible to all residents
of a local government unit library and information services suitable to
persons of all ages. [1955 c.432 §2; 1975 c.476 §16; 1981 c.226 §17; 1983
c.740 §119]
Any local government unit may:
(1) Establish, equip and maintain a public library.
(2) Contract with an established public library or with a private
society or corporation owning and controlling a secular or nonsectarian
library for the purpose of providing free use of the library for the
residents of the local government unit, under such terms and conditions
as may be agreed upon.
(3) Contract with one or more units of local government or library
boards pursuant to ORS 190.003 to 190.620 to provide jointly a public
library or public library service or share in the use of facilities,
under such terms and conditions as may be agreed upon.
(4) Enter into an interstate library agreement pursuant to Article
VI of the Interstate Library Compact (ORS 357.340).
(5) Contract with the Trustees of the State Library for assistance
in establishing, improving or extending public library service.
(6) Levy annually and cause to be collected, as other general taxes
are collected, a tax upon the taxable property in the local government
unit to provide a library fund to be used exclusively to maintain such
library.
(7) Levy and cause to be collected, as other taxes are collected, a
special tax upon the taxable property in the local government unit, or
contract bonded indebtedness under the provisions of ORS chapter 287 to
provide a public library building fund to be used exclusively for the
purchase of real property for public library purposes and for the
erection and equipping of public library buildings including branch
library buildings.
(8) Levy or impose such other taxes as may be authorized to the
unit by city charter or the charter of a home-rule county. [Amended by
1955 c.432 §5; 1961 c.251 §8; 1965 c.354 §7; 1975 c.112 §1; 1975 c.476
§17](1) A public library may be established by a local government unit
by any of the following ways:
(a) The governing body may pass and enter upon its minutes a
resolution or ordinance to the effect that a public library is
established under the provisions of ORS 357.400 to 357.621.
(b) When a petition requesting an election on the question of
establishing and supporting a public library is filed as provided in this
section, the governing body shall make and enter an order for an election
requesting approval by the electors of the establishment and support of a
public library.
(c) Upon its own motion, the governing body may make and enter an
order for an election requesting approval by the electors of the
establishment and support of a public library.
(2) Except as provided in subsection (3) of this section, the
requirements for preparing, circulating and filing a petition under this
section shall be as provided for an initiative petition:
(a) In the case of a county, in ORS 250.165 to 250.235.
(b) In the case of a city, in ORS 250.265 to 250.346.
(c) In the case of any other local government unit, in ORS 255.135
to 255.205.
(3) If ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a
county or if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a
city, the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition under
the county or city charter or an ordinance adopted under the county or
city charter.
(4) Elections held under this section shall be held on a date
specified in ORS 255.345. [Formerly 357.451; 1981 c.909 §10; 1983 c.350
§224]If a governing body acts under ORS 357.417 (1)(a) or (c), its order
shall state the manner in which the local government unit proposes to
finance the library, including the estimated amount of any annual tax
levy necessary to provide for the library. If the governing body
determines that financing may be had only through a local option tax to
be submitted to the electors pursuant to ORS 357.525, the order shall so
state. The notice, time and manner of election shall be governed by the
applicable provisions of ORS chapters 250 and 255. [Amended by 1955 c.432
§7; 1961 c.251 §9; 1975 c.476 §19; 1983 c.350 §225; 1999 c.21 §69]
Any local government unit acting under ORS 357.417 shall notify in
writing the State Library of its plan for establishing a public library.
The State Library shall respond in writing within 30 days, commenting on
the plan for establishing the library and on its relationship to the
long-range plans for the statewide development and coordination of
library services. The State Library's advice or comment is not binding
upon the local government unit, and if no such advice or comment is
received within 30 days of the request, the local government unit may act
without further delay. [Formerly 357.640](1) No member of any public library board or the body
appointing such board shall have any financial interest, either directly
or indirectly, in any contract to which the library is a party, nor shall
receive a salary or any payment for material or for services rendered the
board.
(2) Board members may be reimbursed for expenses incurred in the
performance of their duties. [Amended by 1975 c.112 §4; 1975 c.476 §22] (1) Each public library established
under ORS 357.417 shall be governed by a library board unless some other
method is specified in the charter, ordinance or resolution establishing
the library.
(2) Upon resolution, ordinance or election pursuant to ORS 357.417,
the governing body may appoint a library board. The library board of a
city, county or county service district, as determined by the governing
body, shall consist of not less than five members nor more than 15
members. In the case of a school district or community college district,
such board shall consist of five, seven or more members at the discretion
of the governing body.
(3) If the board will consist of five members, one member shall
initially hold office for one year, one for two years, one for three
years and two for four years, from July 1 in the year of their
appointment. If the board will consist of seven members, one member shall
initially hold office for one year, two for two years, two for three
years, and two for four years, from July 1 in the year of their
appointment. If the board will consist of six members or more than seven
members, the members first appointed shall hold office for such terms as
will achieve the staggered term base established for smaller boards by
this section. Succeeding appointees shall hold office for a term of four
years from July 1 in the year of their appointment. At the expiration of
the term of any member of such board, the governing body shall appoint a
new member or may reappoint a member for a term of four years. If a
vacancy occurs, the governing body shall appoint a new member for the
unexpired term. No person shall hold appointment as a member for more
than two full consecutive terms, but any person may be appointed again to
the board after an interval of one year. [1955 c.432 §4; 1961 c.251 §12;
1975 c.476 §21; 1983 c.208 §1; 1991 c.569 §1] After appointment, the
public library board shall meet and organize by the election of a
chairperson from among its members. The librarian shall serve as
secretary to the board and keep the record of its actions. [Amended by
1955 c.432 §9; 1975 c.112 §5; 1975 c.476 §23] In the ordinance or
resolution establishing the library, the governing body shall determine
the library board's responsibility for:
(1) Appointment of the librarian and staff, fixing their
compensation, determining their working conditions and prescribing their
duties.
(2) Formulating rules and policies for the governance of the
library.
(3) Preparing and submitting an annual budget request.
(4) Approving, or delegating to the librarian the responsibility
for approving, all expenditures from the library fund or the public
library building fund.
(5) Acceptance, use or expenditure of any real or personal property
or funds donated to the library, or purchase, control or disposal of real
and personal property necessary for the purposes of the library, except
that each donation shall be administered in accordance with its terms,
and all property or funds shall be held in the name of the governing body.
(6) Selection of sites for public library buildings or for location
of library facilities.
(7) Entering into contracts.
(8) Such other activities as the governing body may assign.
[Amended by 1955 c.432 §11; 1961 c.251 §15; 1965 c.354 §8; 1967 c.67 §19;
1975 c.112 §7; 1975 c.476 §24] Each public library established under ORS
357.417 shall make an annual report to the State Library and to the
governing body on a form supplied by the State Library. [Amended by 1965
c.354 §9; 1975 c.476 §25] (1) A local option
tax for any of the purposes stated in ORS 357.410, 357.417 or 357.490
shall be submitted at an election as provided in this section. The
governing body of the local government unit:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as provided
in this section.
(2) The resolution or the petition calling the election under this
section shall state the purpose for which the funds are to be expended,
the period during which the proposed taxes are to be levied and the
amount to be levied each year, which amount shall be uniform throughout
the period of levy.
(3) Except as provided in subsections (4) and (5) of this section,
the requirements for preparing, circulating and filing a petition under
this section shall be as provided for an initiative petition:
(a) In the case of a county, in ORS 250.165 to 250.235.
(b) In the case of a city, in ORS 250.265 to 250.346.
(c) In the case of any other local government unit, in ORS 255.135
to 255.205.
(4) If ORS 250.265 to 250.346 apply to a city, then notwithstanding
ORS 250.325, the city governing body shall submit the local option tax
question to the electors without first considering its adoption or
rejection.
(5) If ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a
county or if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a
city, the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition under
the county or city charter or an ordinance adopted under the county or
city charter.
(6) The notice, time and manner of election shall be governed by
the applicable provisions of ORS chapter 250 and:
(a) In the case of a county or city, ORS chapters 246 to 260.
(b) In the case of any other local government unit, ORS chapter 255.
(7) Upon approval by a majority of the electors voting at the
election, the taxing unit shall levy each year during the approved period
the amount so approved. The tax proceeds shall be handled as provided by
ORS 357.410 or 357.430, or as otherwise provided by law. [Formerly
357.455; 1983 c.350 §226; 1995 c.79 §197; 1999 c.21 §70](1) Libraries organized under Oregon laws prior to September
13, 1975, are continued, and may have their organizations changed so as
to conform to ORS 357.001 to 357.200, 357.330, 357.360, 357.400 to
357.621, 357.975 and 357.990 by resolution of the governing body of the
local government unit which established the library. The resolution shall
outline the procedure necessary to be taken for such change.
(2) Nothing contained in ORS 357.001 to 357.200, 357.330, 357.360,
357.400 to 357.621, 357.975 and 357.990 shall affect nor change the terms
of any library contract executed prior to September 13, 1975. However, by
mutual consent, the parties to the contract may amend the contract so as
to make it conform to all or any of the provisions of ORS 357.001 to
357.200, 357.330, 357.360, 357.400 to 357.621, 357.975 and 357.990.
[Amended by 1975 c.476 §27]No governing body which has established a
public library under the laws of this state shall abolish or withdraw
support for such library without first holding at least two public
hearings on the matter at least 90 days apart. The governing body shall
give public notice of the public hearing in a newspaper of general
circulation in the area for two successive weeks at least 30 days prior
to the first hearing. [1975 c.476 §29 (enacted in lieu of 357.620)]FINANCIAL ASSISTANCE FOR PUBLIC LIBRARY SERVICES TO CHILDREN The state shall
provide financial assistance for public library service to public
libraries established pursuant to law from funds specifically
appropriated therefor by annual grants to units of local government. The
grants shall be expended to develop public library services for children,
with emphasis on preschool children. [1977 c.291 §1; 1993 c.20 §1] Units of
local government and counties may apply for annual establishment and
development grants. The grants may be made from funds specifically
appropriated therefor and are to be used to establish, develop or improve
public library services for children. [1977 c.291 §2; 1993 c.20 §2](1) Moneys to be disbursed under this section
shall be appropriated based on the estimated total population of
children, from birth to 14 years of age, in the state. For those areas of
the state not served by local public libraries, the moneys available
shall be reallocated to qualifying libraries. A public library which
begins providing library service to previously unserved population shall
be eligible for grants from the moneys appropriated for purposes of this
section. Upon satisfactory application therefor, the Trustees of the
State Library shall cause the appropriate amount to be paid to the public
library.
(2) The state shall distribute 80 percent of the funds specifically
appropriated by the Legislative Assembly on a per child basis for public
library services in the following manner to assure the same population
shall not be counted more than once:
(a) There shall be paid to each consolidated county library that is
the primary provider of public library services to all persons in a
county, or to each library district that is the primary provider of
public library services in a county, a per capita amount for each child
residing in the county.
(b) Where public library services are provided by a public library
for which the governing authority has jurisdiction in more than one
county, there shall be paid to that library a per capita amount for each
child residing therein.
(c) Where public library services are not provided as described in
paragraph (a) or (b) of this subsection, but by a library of which the
governing authority is the primary provider of public library services to
a jurisdiction less than county wide, there shall be paid to the library
a per capita amount for children residing therein. In addition, a public
library having a valid contract with a unit of local government to
provide library services to a population beyond its governing authority's
jurisdiction shall be paid a per capita amount for the population of
children served if specified in the contract. The number of children
residing within a jurisdiction that is less than a county shall be
estimated using the percentage of children in the total population of the
county.
(d) Where public library services are not provided as described in
paragraph (a), (b) or (c) of this subsection, but are provided by a
county or district library that has a valid contract with one or more
libraries to provide persons in their jurisdiction with library services,
there shall be paid to the county or district library a per capita amount
for each child residing therein, exclusive of the populations served by
libraries eligible for grants under paragraph (c) of this subsection.
(3) The state shall distribute 20 percent of the funds specifically
appropriated by the Legislative Assembly for public library services on
an area basis. [1979 c.835 §2; 1985 c.257 §2; 1987 c.92 §5; 1991 c.602
§2; 1993 c.20 §3]STATE ARCHIVIST As used in ORS
357.805 to 357.895, unless the context requires otherwise, "photocopy,"
"political subdivision," "public record" and "state agency" are defined
by ORS 192.005. [Formerly 358.005; 1999 c.55 §2] The office of State Archivist hereby is
created. It shall be under the control and supervision of the Secretary
of State, who shall, subject to any applicable provisions of the State
Personnel Relations Law, appoint and fix the compensation of the
archivist and such assistants as may be necessary. No person who has not
had at least five years' experience as an archivist shall be eligible for
the office of State Archivist. [Formerly 358.010; 1973 c.439 §3](1) The State Archivist may negotiate for, acquire and receive
public records, writings and illustrative materials of value or interest
for legal, administrative or research purposes. The State Archivist is
constituted official custodian of all such records, writings or materials
deposited in, acquired for, or transferred upon requisition by the State
Archivist to the custody of the State Archivist for the state archives.
(2) The State Archivist shall adopt rules for state agencies and
guidelines for local governments relating to the physical care to be
afforded public records and the means of public access to public records
consistent with their physical safety.
(3) The State Archivist by rule shall describe or designate state
public records that are to be considered inactive. [Formerly 358.020;
1991 c.671 §8] (1) Except
as otherwise provided by law, when the State Archivist has determined
that public records are stored under conditions where they are no longer
available for use or which are dangerous to the safety and protection of
the records, or where no safe storage is available, all such public
records or writings as the State Archivist may requisition as being of
value or interest for the purposes mentioned in ORS 357.825 shall be
transferred to the custody of the State Archivist.
(2) If a state agency is abolished or ceases to operate, its public
records and writings shall be transferred to the custody of the State
Archivist, except for records of functions transferred by law to other
agencies and records needed for the liquidation of obligations or
property of the agency. Records used in the liquidation of the agency
shall be transferred to the State Archivist when the liquidation is
completed.
(3) The Governor, the Secretary of State and the State Treasurer
shall deposit with the State Archivist for safekeeping in the custody of
the State Archivist records of their offices that are used for historical
rather than current administrative purposes. [Formerly 358.030; 1991
c.671 §9] The State Archivist shall have a
seal which shall have the coat of arms of the state engraved in the
center thereof, with the following inscription surrounding such coat of
arms: "The State Archivist, State of Oregon." [Formerly 358.040] The State
Archivist, without charge therefor, shall give advice and assistance on
public record problems to any legislative, executive or judicial officer
of this state or any political subdivision in this state. The State
Archivist from time to time also shall give general advice and counsel on
public record problems to all such officers. [Formerly 358.050](1) With the approval of the State Archivist, an original or
duplicate photocopy or other copy of any public record or writing may be
filed with the State Archivist by any of the public officers mentioned in
ORS 357.855, or a political subdivision, for the purpose of insuring the
preservation of such public record or writing.
(2) If the original public record or writing and any original
photocopy in the possession of the public officer or political
subdivision are lost, destroyed, mutilated or defaced, the photocopy or
other copy filed with the State Archivist may be considered an original,
with the same uses and effect as the original under ORS 192.050. In this
event the State Archivist upon request shall return the photocopy or
other copy to the public officer or the successor of the public officer,
or political subdivision, that filed it; or upon request may furnish the
public officer or the successor of the public officer, or political
subdivision, a duplicate photocopy or other copy upon payment of the cost
thereof. [Formerly 358.060] The State
Archivist shall be accorded, for the purposes of ORS 357.805 to 357.895,
access to and may examine and receive any public records or writings
whether or not they are subject to public inspection. The State Archivist
shall maintain inviolate any privileged or confidential information so
acquired and any record or writing so defined by law. [Formerly 358.070;
1991 c.671 §10] The Secretary of State shall
prescribe fees to be charged and collected by the State Archivist for
official services rendered as State Archivist. All moneys received
pursuant to this section shall be deposited in the miscellaneous receipts
account established pursuant to ORS 279A.290 for the State Archivist.
[Formerly 358.080; 1973 c.439 §11; 1995 c.144 §1; 2003 c.18 §4; 2003
c.794 §264a] In accordance with ORS chapter 183, the State
Archivist shall issue rules and regulations to carry out the powers and
duties of the State Archivist under ORS 192.005 to 192.170 and 357.805 to
357.895. [Formerly 358.090]POET LAUREATE (1) There is
established the office of Poet Laureate of the State of Oregon for the
purpose of honoring the resident poets of Oregon who have been most
responsible for capturing the beauty and spirit of the state through the
medium of verse.
(2) The person appointed to the office of Poet Laureate of the
State of Oregon must be a person who:
(a) Has been a resident of Oregon for at least 10 years.
(b) Is currently a resident of Oregon.
(c) Is publicly recognized as a poet and is well regarded for
excellence in the person's work.
(d) Has a significant body of published work.
(e) Agrees to the conditions and the term of the appointment.
(3) Within one year after the office of Poet Laureate of the State
of Oregon becomes vacant, the Governor shall appoint a qualified person
to the office of Poet Laureate of the State of Oregon to serve at the
pleasure of the Governor for a term of two years. A person may not serve
for more than two consecutive terms as Poet Laureate of the State of
Oregon. [1989 c.122 §§1,2,3; 2003 c.14 §160; 2005 c.695 §1]PROHIBITED ACTIONS It shall be unlawful
for any person willfully or maliciously to detain any library materials
belonging to a publicly supported library or privately supported school,
academic or research library or incorporated library for 30 days after
notice in writing from the librarian of such library, given after the
expiration of time which by regulations of such library such materials
may be kept. The notice shall bear upon its face a copy of this section
and of ORS 357.990. [Formerly 357.830; 1975 c.476 §30]PENALTIESViolation of ORS 357.975 is a Class B violation.
Such conviction and payment of the fine shall not be construed to
constitute payment for library material nor shall a person convicted
under this section be thereby relieved of any obligation to return to the
library such material. [Amended by 1971 c.743 §360; 1975 c.476 §31; 1983
c.208 §2; 1999 c.1051 §176]
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