As used in ORS
359.010 to 359.137, unless the context requires otherwise:
(1) "Administrator" means the Administrator of the Arts Program of
the Economic and Community Development Department.
(2) "Arts" includes, but is not limited to, instrumental and vocal
music; dance, drama, folk art, creative writing and poetry; architecture
and landscaping design and the fields allied to them; painting,
sculpture, photography; graphic and craft arts; industrial design;
costume and fashion design; motion pictures, television, radio; tape and
sound recording; the history, criticism, theory and practice of the arts;
and the arts related to the presentation, performance, execution and
exhibition of such art forms.
(3) "Association" means a nonprofit, private, incorporated or
unincorporated institution, foundation, museum, organization, society or
group, whether local, state, regional or national, that is operating, or
doing business, in Oregon.
(4) "Commission" means the Oregon Arts Commission.
(5) "Department" means the Economic and Community Development
Department.
(6) "Director" means the Director of the Economic and Community
Development Department.
(7) "Program" means the Arts Program of the Economic and Community
Development Department.
(8) "Local agencies" includes cities, counties and other public
corporations and their officers, boards and commissions.
(9) "Public agencies" means state agencies and local agencies.
(10) "Private corporation" means a corporation organized for profit
and authorized to do business in this state.
(11) "State agencies" includes state officers, departments, boards
and commissions. [1967 c.321 §1; 1993 c.209 §5](1) The
Oregon Arts Commission is created as a policy-making and advisory body
within the Economic and Community Development Department. The commission
shall consist of nine members appointed by the Governor. The term of a
member is four years, and the member shall serve until a successor is
appointed and qualifies.
(2) Persons appointed members of the commission shall be citizens
of Oregon well qualified by experience to make policy and recommendations
in areas of concern to the Arts Program of the Economic and Community
Development Department and otherwise to perform the duties of the office.
(3) In case of a vacancy on the commission for any cause, the
Governor shall appoint a successor to serve for the unexpired term.
(4) A member of the commission may be appointed to serve two
consecutive terms. A member who serves two consecutive terms shall not be
eligible for reappointment within one year following the expiration of
the second term.
(5) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
(6) The commission shall select one of its members to chair the
commission for such term and with duties and powers necessary to perform
the functions of the office as the commission determines.
(7) A majority of the members of the commission constitutes a
quorum for the transaction of business. [1967 c.321 §2; 1969 c.314 §28;
1979 c.729 §1; 1985 c.491 §1; 1993 c.209 §6]
(1) The Oregon Arts Commission shall perform the following duties:
(a) Serve as a body to advise governmental bodies and agencies and
private persons on the development and implementation of state policies
and programs relating to the arts, heritage, historic preservation,
humanities and culture, and to assist in the coordination of these
activities.
(b) Advise the Governor, the Director of the Economic and Community
Development Department and the Oregon Economic and Community Development
Commission on all matters relating to the arts that pertain to the
powers, duties and functions of the Arts Program of the Economic and
Community Development Department.
(c) Develop a recommended biennial budget for the operation of the
Arts Program that will be submitted to the director and the Governor.
(d) Seek and receive the views of all levels of government and the
private sector with respect to state programs and policies for the
promotion and assistance of the arts.
(e) Prepare and submit suggested administrative rules to the
director that the Oregon Arts Commission determines are necessary for the
operation of the programs of the Arts Program.
(f) Establish policy and procedures for grant programs administered
by the Arts Program.
(2)(a) In addition to the duties imposed by subsection (1) of this
section, the Oregon Arts Commission shall establish policies and provide
management and operational staff support for the Trust for Cultural
Development Board.
(b) Notwithstanding paragraph (a) of this subsection, the Trust for
Cultural Development Board shall make any decisions relating to the
investment and disbursement of moneys in the Trust for Cultural
Development Account. [1993 c.209 §7; 1995 c.79 §200; 2003 c.713 §1] The objectives of the Arts
Program of the Economic and Community Development Department are:
(1) To complement, assist and strengthen existing or planned
programs and activities of public and private associations in the arts to
promote the broadest public benefit, while maintaining high artistic and
scholarly standards.
(2) To encourage and give greater opportunities and recognition to
individual Oregon artists whose work is, or gives promise of being, of
high quality.
(3) To stimulate and encourage private and local initiative and
financial support in connection with programs and activities in the arts.
[1967 c.321 §7; 1993 c.209 §8] To carry out its objectives the
Arts Program of the Economic and Community Development Department shall:
(1) Develop programs and plans:
(a) To encourage broad public participation in, and understanding
of, programs in the arts.
(b) To encourage public interest in conserving and understanding
the cultural and artistic heritage of the state and of its people.
(c) To encourage increased recognition of the contributions of the
arts to the richness of community life and to the development of the
individual.
(d) To assist communities within the state in establishing or
conserving local cultural, historical and artistic programs.
(e) To stimulate and encourage throughout the state the
presentation, enjoyment and study of the arts among the youth and elderly
people.
(f) To encourage and facilitate, where feasible, wider circulation
throughout the state of noteworthy programs, productions, exhibitions and
performances which demonstrate the artistic and cultural resources and
accomplishments of the people of Oregon.
(g) To encourage and facilitate, where feasible, programs,
productions, exhibitions and performances in Oregon of outstanding works
of art and artistic talent in the fields of the arts, which may be
brought from outside the state.
(2) Develop, maintain and make available to the public, information
concerning:
(a) The cultural and artistic resources and activities within the
state.
(b) The organizations and groups conducting, supporting or
fostering programs and activities involving the employment, conservation
and presentation of such resources.
(3) Advise and assist upon request and within the limits of the
funds available:
(a) The Governor and other state officers, public agencies, the
legislature, communities of the state and the public concerning the
development, housing, presentation and conservation of the artistic and
cultural resources within the state.
(b) State agencies concerning the acceptance and disposition of
gifts of art to the state.
(4) Develop an honors program in the arts, which includes the means
for recognizing distinguished artists and other Oregon citizens whose
creative works or effort or whose services of philanthropy on behalf of
the arts are such as to merit the official appreciation of the people of
Oregon.
(5) Manage the Trust for Cultural Development Account established
by ORS 359.405. [1967 c.321 §8; 1993 c.209 §9; 2003 c.713 §2] (1) In performing its duties, the
Arts Program of the Economic and Community Development Department, within
the limits of available funds, may:
(a) Conduct hearings and conferences to develop facts, to explain
programs and activities, and to obtain advice.
(b) Enter into agreements with other public agencies and with
associations and individuals for services that will assist the Oregon
Arts Commission or the Trust for Cultural Development Board.
(c) Enter into agreements with other public agencies of Oregon or
with agencies of other states or the federal government, and with private
corporations, associations and individuals in Oregon or other states for
cooperative endeavors which further the objectives and programs of the
commission.
(d) Make grants to local agencies, to associations or to
individuals for the development and conservation of programs in the arts,
such grants to be made in accordance with policies and procedures adopted
by the commission.
(2) In carrying out the purposes of ORS 359.010 to 359.137, the
Arts Program, in addition to the other powers granted:
(a) Shall as needed appoint committees, consultants, artists and
other persons expert in subjects of concern to the program to advise and
assist the commission.
(b) May obtain from any state agency necessary assistance and data.
(c) May perform other acts necessary to carry out its duties. [1967
c.321 §9; 1993 c.209 §10; 2003 c.713 §3] (1) The Arts Program is
established as an administrative section within the Economic and
Community Development Department. The program is subject to the
supervision of the Administrator of the Arts Program. The program shall
consist of the administrator and all personnel employed in the program.
(2) The program shall provide the Oregon Arts Commission with staff
and other assistance as necessary for the commission to perform its
duties. [1993 c.209 §1; 1993 c.736 §76]
(1)
The Arts Program of the Economic and Community Development Department
shall prepare and study plans for participation of public agencies and
associations in federal government programs for the support and
encouragement of the arts.
(2) The program may apply for and accept grants or services from
the federal government or any of its agencies, from associations,
individuals and private corporations to carry out the purposes of ORS
359.010 to 359.137.
(3) Grants or services from individuals, associations or private
corporations shall not be accepted if restricted to a use which would be
contrary to the laws of this state. [1967 c.321 §10; 1993 c.209 §11] (1) The Arts Program of
the Economic and Community Development Department may solicit and accept
gifts, bequests or devises of money, securities or other property of
whatever character to carry out the purposes of ORS 359.010 to 359.137. A
restricted gift, bequest or devise shall not be accepted if such
restriction would be contrary to the laws of this state.
(2) The program shall be the custodian of any securities or other
property accepted as a gift, bequest or devise. The program shall hold
such property as trustee for the state and shall conserve and administer
such property to carry out the purposes of ORS 359.010 to 359.137. Except
as prohibited by law or restricted by the terms of the gift, bequest or
devise, the program may sell or exchange any property accepted as a gift,
bequest or devise as it may from time to time determine. The income from
such money, securities or other property shall be credited to the Arts
Trust Account established by ORS 359.120. [1967 c.321 §11; 1993 c.209 §12] There hereby is established an account
separate and distinct from the General Fund to be known as the Arts Trust
Account. Except for moneys received for the purposes of the Trust for
Cultural Development Account, all moneys received by the Arts Program of
the Economic and Community Development Department pursuant to ORS 359.100
and 359.110 shall be paid into the State Treasury and credited to the
Arts Trust Account. All moneys in the Arts Trust Account are continuously
appropriated to the Economic and Community Development Department and
shall be used by the program in carrying out the purposes for which the
funds were received. [1967 c.321 §12; 1993 c.209 §13; 2003 c.81 §11; 2003
c.713 §4; 2005 c.22 §258] (1) The Arts Program of
the Economic and Community Development Department shall not direct,
supervise or control the policy, programs, personnel, curriculum or
administration of any public or private agency, school, association or
entity having to do with the arts.
(2) Nothing in ORS 359.010 to 359.137 is intended to transfer from
any other state agency to the program any duty or power granted by
statute to such other state agency prior to July 1, 1967. [1967 c.321
§14; 1993 c.209 §14] (1) The
Director of the Economic and Community Development Department, upon
consultation with and the approval of the Oregon Arts Commission, shall
appoint an administrator of the Arts Program who shall serve at the
pleasure of the director.
(2) The administrator shall receive such salary as may be provided
by law or as fixed by the director.
(3) The administrator shall be the administrative head of the
program.
(4) The administrator may suggest rules to the director for the
government of the program, the conduct of its employees and the
assignment and performance of its business and the custody, use and
preservation of its records, papers and property. [1993 c.209 §2] The Arts Program of the Economic and Community
Development Department shall employ, in accordance with the State
Personnel Relations Law, the staff necessary to allow the program to
carry out the provisions of ORS 359.010 to 359.137. [1993 c.209 §3] The Director of the Economic and Community
Development Department, in accordance with ORS chapter 183, may adopt
such rules for the operation of the Arts Program as the director
determines necessary or convenient for the program to perform its duties
and functions. [1993 c.209 §4]ART TRANSACTIONS(Consignments) As used in ORS
359.200 to 359.255:
(1) "Art dealer" means an individual, partnership, firm,
association or corporation, other than a public auctioneer, that
undertakes to sell a work of fine art created by another.
(2) "Artist" means the creator of a work of fine art or, if the
artist is deceased, the artist's personal representative, heirs or
legatees.
(3) "Consignee" means an art dealer who receives and accepts a work
of fine art from a consignor for the purpose of sale or exhibition, or
both, to the public on a commission or fee or other basis of compensation.
(4) "Consignment" means delivery of a work of fine art to an art
dealer for the purpose of sale or exhibition, or both, to the public by
the art dealer at other than a public auction.
(5) "Consignor" means an artist or any person who delivers a work
of fine art to an art dealer for the purpose of sale or exhibition, or
both, to the public on a commission or fee or other basis of compensation.
(6) "Fine art" means:
(a) An original work of visual art such as a painting, sculpture,
drawing, mosaic or photograph;
(b) A work of calligraphy;
(c) A work of original graphic art such as an etching, lithograph,
offset print, silk screen or other work of similar nature;
(d) A craft work in materials including but not limited to clay,
textile, fiber, wood, metal, plastic, glass or similar materials; or
(e) A work in mixed media such as a collage or any combination of
the art media described in this subsection. [1981 c.410 §1; 1985 c.830 §1](1) Notwithstanding any custom,
practice or usage of the trade to the contrary, whenever an artist
delivers or causes to be delivered a work of the artist's own creation to
an art dealer in this state for the purpose of exhibition or sale, or
both, on a commission, fee or other basis of compensation, the delivery
to and acceptance thereof by the art dealer constitutes a consignment
unless the delivery to the art dealer is pursuant to an outright sale for
which the artist receives or has received compensation for the work of
fine art upon delivery.
(2) A work of fine art is trust property in the hands of the art
dealer, who is trustee for the benefit of the artist until the work of
fine art is sold to a bona fide third party.
(3) The proceeds of the sale of a work of fine art are trust
property in the hands of the art dealer who is trustee for the benefit of
the artist until the amount due the artist from the sale is paid. Nothing
in this subsection requires a separate trust account for each artist.
(4) A work of fine art that is trust property when initially
accepted by the art dealer remains trust property notwithstanding the
subsequent purchase of the work of fine art by the art dealer directly or
indirectly for the art dealer's own account, until the purchase price is
paid in full to the artist.
(5) The trust relationship described in this section imposes no
duty greater than the duties described in ORS 359.200 to 359.210,
359.220, 359.225, 359.250 and 359.255 and does not give rise to any
general trust or fiduciary relationship. [1981 c.410 §2; 1985 c.830 §2](1) A consignment of a
work of fine art has the following effect:
(a) The consignee, after the delivery of fine art, shall be
considered to be the agent of the consignor for the purpose of the
exhibition or sale, or both, of the work of fine art within this state.
(b) The work of fine art, or the artist's portion of the proceeds
from the sale of such work, shall not be subject to the claims of a
creditor or consignee.
(c) A consignee is liable for the loss of or damage to the work of
fine art while it is in the consignee's possession where such loss or
damage is caused by the failure of the consignee to use the highest
degree of care. For the purpose of this subsection, the value of the work
of fine art is the value established in a written agreement between the
consignor and consignee prior to the loss or damage or, if no written
agreement regarding the value of the work of fine art exists, the
artist's portion of the fair market value of the work of fine art.
(d) The consignee shall not be held liable for the loss of, or
damage to the work of fine art if the artist fails to remove the work
within a period of 30 days following the date agreed upon for removal of
the work in the written contract between the artist and the consignee or,
if no written agreement regarding a removal date exists, 30 days after
notice to remove the work of fine art is sent by registered mail or by
certified mail with return receipt to the artist at the artist's
last-known address.
(2) Upon written demand from the consignor, the consignee shall
furnish the consignor with the name and address of the purchaser of the
consignor's work, and the date of purchase and the price paid for the
work, for any sale totaling $100 or more.
(3) Failure to furnish the information specified under subsection
(2) of this section by the consignor shall entitle the artist to obtain
an injunction prohibiting such conduct and in addition, money damages in
an amount equal to three times the artist's portion of the retail value
of the work. [1981 c.410 §3; 1985 c.830 §3; 1991 c.249 §28]A consignment of a work of fine art does not convey
title to or create an estate in the work or grant a right to possession
superior to that of the consignor notwithstanding the power or authority
of the consignee to transfer or convey to a third person all of the
right, title and interest of the consignor in and to the work. [1981
c.410 §4](1) An art dealer may accept a work of fine
art, on a fee, commission or other compensation basis, on consignment
from the artist who created the work of fine art only if prior to or at
the time of acceptance the art dealer enters into a written contract with
the artist establishing:
(a) The retail value of the work of fine art;
(b) The time within which the proceeds of the sale are to be paid
to the artist, if the work of fine art is sold;
(c) The minimum price for the sale of the work of fine art; and
(d) The fee, commission or other compensation basis of the art
dealer.
(2) An art dealer who accepts a work of fine art on a fee,
commission or other compensation basis on consignment from the artist may
use or display the work of fine art or a photograph of the work of fine
art or permit the use or display of work or photograph only if:
(a) The art dealer gives notice to users or viewers that the work
of fine art is the work of the artist; and
(b) The artist gives prior written consent to the particular use or
display. [1981 c.410 §5; 1985 c.830 §4]The proceeds from a
sale of a work of fine art on consignment shall be paid to the consignor
within 30 days of receipt by the consignee unless the consignor expressly
agrees otherwise in writing. If the sale of the work of fine art is on
installment, the funds from the installment shall first be applied to pay
any balance due the consignor on the sale, unless the consignor expressly
agrees in writing that the proceeds on each installment shall be paid
according to the percentage established by the consignment agreement. The
artist's portion of funds received on the sale of the work of fine art or
on installment shall not be subject to the claims of a creditor of the
consignee. [1981 c.410 §6; 1985 c.830 §5]
Any provision of a contract or agreement whereby the consignor waives any
of the provisions of ORS 359.200 to 359.255 is void. [1981 c.410 §7](1) Nothing in ORS 359.200 to 359.255
is intended to affect any written or oral contract or agreement in
existence prior to November 1, 1981, unless the parties agree by mutual
written consent that ORS 359.200 to 359.255 shall apply or the contract
is extended or renewed after November 1, 1981.
(2) ORS 359.200 to 359.255 is applicable notwithstanding the
absence of, or conflict with, any written agreement, receipt, note or
memorandum entered into on or after November 1, 1981, between the
consignor and the consignee concerning any matter covered by ORS 359.200
to 359.255. ORS 359.200 to 359.255 controls over any conflicting
provisions of the Uniform Commercial Code. [1981 c.410 §§8,10]It shall be unlawful for a consignee willfully and knowingly to
secrete, withhold or appropriate a work of fine art or the proceeds from
sale thereof for the consignee's own use or the use of any person other
than the consignor, except pursuant to a bona fide sale or as otherwise
consistent with the terms of consignment. Violation of this section is a
Class C felony. [1981 c.410 §9] (1)
An art dealer violating ORS 359.220 is liable to the artist for $100 plus
actual damages, including incidental damages sustained as a result of the
violation.
(2) If an art dealer violates ORS 359.220, the artist's obligation
for compensation to the art dealer is voidable by the artist. [1985 c.830
§7] In any action under any provision of ORS
359.200 to 359.255, the court may award reasonable attorney fees and
costs to the prevailing party. [1985 c.830 §8](Fine Print Disclosure Statements) As used in ORS
359.300 to 359.315:
(1) "Artist" means the person who conceived or created or conceived
and created the master image for, or which served as a model for, the
print.
(2) "Fine print" includes, but is not limited to, an engraving,
etching, woodcut, lithograph, monoprint or serigraph.
(3) "Impression" means the printed image on suitable material
whether paper or any other substance, made off the plate by printing,
stamping, casting or any other process commonly used in the graphic arts.
(4) "Plate" means the plate, stone, block or other material used
for the purpose of creating the print from which the impression or
impressions were taken.
(5) A fine print is "signed" if the artist autographs the finished
print, irrespective of whether it was signed or unsigned in the plate.
(6) "Reproduction" means a copy of a fine print, but not a unique
print made from the original plate. [1981 c.726 §1](1) No person, engaged in the business of selling fine
prints, shall sell a fine print, at wholesale or at retail, unless the
person furnishes the purchaser a certificate or a written invoice or
receipt for the purchase price which clearly and conspicuously discloses
and warrants all of the applicable information about a fine print set
forth in ORS 359.310.
(2) If the seller disclaims knowledge as to any applicable item of
information set forth in ORS 359.310, the seller shall so state
specifically and categorically with regard to each such item.
(3) If the seller describes a fine print as a reproduction, the
seller need not furnish any further information. [1981 c.726 §2] The following information
about a fine print shall be furnished as provided in ORS 359.305:
(1) The name of the artist and the year when printed.
(2) Exclusive of trial proofs, whether the edition is being offered
as a limited edition, and, if so:
(a) The authorized maximum number of signed or numbered
impressions, or both, in the edition;
(b) The authorized maximum number of unsigned or unnumbered
impressions, or both, in the edition;
(c) The authorized maximum number of artist's, publisher's,
printer's or other proofs, if any, outside of the regular edition; and
(d) The total size of the edition.
(3) Whether the plate has been destroyed, effaced, altered, defaced
or canceled after the current edition.
(4) If there were any prior states of the same impression, the
total number of states and a designation of the state to which the
subject print relates.
(5) If there were any prior or later editions from the same plate,
the series number of the subject edition and the total size of all other
editions.
(6) Whether the edition is a posthumous edition or restrike and, if
so, whether the plate has been reworked.
(7) The name of the workshop, if any, where the edition was
printed. [1981 c.726 §3] (1) A
person who offers or sells a fine print in violation of ORS 359.300 to
359.315 shall be liable to the person purchasing such fine print. The
purchaser may recover the consideration paid for such print, with
interest at the legal rate upon the tender of the print.
(2) In any case in which a person willfully offers or sells a fine
print in violation of ORS 359.300 to 359.315, the person purchasing the
fine print may recover from the person who offers or sells the fine print
an amount equal to three times the amount required under subsection (1)
of this section. [1981 c.726 §5]
(Art Work Reproduction Rights) As used in ORS
359.350 to 359.365:
(1) "Artist" means the creator of a work of fine art.
(2) "Fine art" means a painting, sculpture, drawing, photograph,
craft work, fiber art or work of graphic art.
(3) "Fine print" includes, but is not limited to, an engraving,
etching, woodcut, lithograph, monoprint or serigraph, but does not
include industrial designs.
(4) "Industrial design" means the aesthetic appearance of an
article used in commerce.
(5) "Work of fine art" means any work of visual or graphic art of
any media including, but not limited to, painting, fine print, drawing,
sculpture, craft, photography or film. [1981 c.824 §1](1) Whenever a
work of fine art is sold or otherwise transferred by or on behalf of the
artist who created it, or the heirs or personal representatives thereof,
the right of reproduction thereof is reserved to the grantor until the
right passes into the public domain pursuant to federal copyright laws
unless the right is sooner expressly transferred by an instrument, note
or memorandum in writing signed by the owner of the rights conveyed or
the duly authorized agent thereof.
(2) Nothing contained in this section is intended to prohibit the
fair use, as defined in the federal copyright law (17 U.S.C. 107), of
such work of fine art. [1981 c.824 §2]Whenever an exclusive or nonexclusive
conveyance of any right to reproduce, prepare derivative works based on,
distribute copies of or publicly display a work of fine art is made by or
on behalf of the artist who created it or the owner at the time of the
conveyance, ownership of the physical work of fine art shall remain with
and be reserved to the artist or owner, as the case may be, unless such
right of ownership is expressly transferred by an instrument, note,
memorandum or other writing, signed by the artist, the owner or the duly
authorized agent thereof. [1981 c.824 §3]Whenever an exclusive or nonexclusive
conveyance of any right to reproduce, prepare derivative works based on,
distribute copies of or publicly display a work of fine art is made by or
on behalf of the artist who created it or the owner at the time of the
conveyance, any ambiguity with respect to the nature or extent of the
rights conveyed shall be resolved in favor of the reservation of rights
by the artist or owner unless in any given case the federal copyright law
(17 U.S.C. 1 et seq.) provides to the contrary. [1981 c.824 §4]TRUST FOR CULTURAL DEVELOPMENT(Generally) As used in ORS
359.400 to 359.444:
(1) "Community Cultural Participation Grant Program" means the
program created by ORS 359.436.
(2) "Core partner agencies" means the Oregon Arts Commission, the
Oregon Council for the Humanities, the Oregon Heritage Commission, the
Oregon Historical Society and the State Historic Preservation Officer.
(3) "Cultural Development Grant Program" means the program created
by ORS 359.431.
(4) "Cultural organization" means:
(a) An entity that is:
(A) Exempt from federal income tax under section 501(c)(3) of the
Internal Revenue Code; and
(B) Organized primarily for the purpose of producing, promoting or
presenting the arts, heritage and humanities to the public or organized
primarily for identifying, documenting, interpreting and preserving
cultural resources.
(b) A federally recognized Indian tribe.
(5) "Trust for Cultural Development Account" means the account
established by ORS 359.405. [2001 c.954 §3; 2003 c.713 §5] (1) The Trust for
Cultural Development Account is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Trust
for Cultural Development Account shall be credited to the account. The
primary purpose of the account is to serve as a repository for both
public and private moneys designated to fund specific arts, heritage and
humanities programs.
(2) All moneys in the Trust for Cultural Development Account are
appropriated continuously to the Economic and Community Development
Department for the Arts Program for the purposes of ORS 359.400 to
359.444. [Formerly 285A.216; 2003 c.713 §7](Trust for Cultural Development Board) (1) There is
established a Trust for Cultural Development Board consisting of seven
members appointed by the Governor. The membership of the board shall
reflect the geographical and cultural diversity of this state. Each
member shall have a background that demonstrates a commitment to Oregon's
culture.
(2) The Speaker of the House of Representatives and the President
of the Senate shall each appoint a member of the Legislative Assembly who
shall be a nonvoting advisory member of the board.
(3) The term of office of each appointed member is four years, but
a member serves at the pleasure of the appointing authority. Before the
expiration of the term of a member, the appointing authority shall
appoint a successor whose term begins on November 1 next following. A
member is eligible for reappointment. If there is a vacancy for any
cause, the appointing authority shall make an appointment to become
immediately effective for the unexpired term.
(4) The appointment of board members by the Governor is subject to
confirmation by the Senate in the manner prescribed in ORS 171.562 and
171.565.
(5) A member of the board is entitled to compensation and expenses
as provided in ORS 292.495.
(6) The board shall elect one of its voting members as chairperson
and another as vice chairperson, for the terms and with the duties and
powers necessary for the performance of the functions of such offices as
the board determines. [2001 c.954 §4; 2003 c.713 §8] (1) A majority of the members of
the Trust for Cultural Development Board constitutes a quorum for the
transaction of business.
(2) The board shall meet at least once every three months at a
place, day and hour determined by the chairperson. The board also shall
meet at other times and places specified by the call of the chairperson
or of a majority of the members of the board.
(3) The chairperson shall invite representatives of the core
partner agencies to all meetings of the board. [2001 c.954 §6] (1) The Trust for Cultural Development
Board shall oversee management of the Trust for Cultural Development
Account and shall provide direction to the Administrator of the Arts
Program for the coordination, administration and evaluation of the
Cultural Development Grant Program, the Community Cultural Participation
Grant Program and the use of funds received by core partner agencies
under ORS 359.441.
(2) In accordance with applicable provisions of ORS chapter 183,
the board may adopt rules necessary for the administration of ORS 359.400
to 359.444. [2001 c.954 §7; 2003 c.713 §9] The Administrator of the Arts
Program shall provide staff support to the Trust for Cultural Development
Board. Under the direction of the board, the administrator shall:
(1) Coordinate grant management;
(2) Provide Trust for Cultural Development Account management and
accounting;
(3) Work with cultural agencies and their constituents to
communicate with and educate the public on the role culture plays in the
lives of citizens and communities; and
(4) Evaluate the Cultural Development Grant Program, the Community
Cultural Participation Grant Program and the use of funds received under
section 13, chapter 954, Oregon Laws 2001, by core partner agencies.
[2001 c.954 §8; 2003 c.713 §10](Disbursement of Trust Account) (1) Under
the direction of the Trust for Cultural Development Board, the Arts
Program shall disburse each fiscal year up to 42 percent of the amount in
the Trust for Cultural Development Account on July 1.
(2) The Arts Program may use up to 7.5 percent of any amount
disbursed from the account under subsection (1) of this section for:
(a) Supporting the operations of the account;
(b) Facilitating technical assistance;
(c) Local cultural planning; and
(d) Other activities that encourage cultural activity.
(3) At least 92.5 percent of any amount disbursed from the account
under subsection (1) of this section shall be distributed as follows:
(a) One-third to the preservation of, stabilization of and
investment in Oregon's cultural resources through the Cultural
Development Grant Program as provided under ORS 359.431.
(b) One-third to Oregon's counties and to the nine federally
recognized Indian tribes through the Community Cultural Participation
Grant Program as provided under ORS 359.436.
(c) One-third to the core partner agencies as provided under ORS
359.441. [2001 c.954 §9; 2003 c.713 §11](1) There is created the Cultural Development Grant
Program to be administered by the Administrator of the Arts Program under
the direction of the Trust for Cultural Development Board. The purpose of
the program is to provide preservation of, stabilization of and
investment in Oregon's cultural resources. The Arts Program under the
direction of the Trust for Cultural Development Board shall make Cultural
Development Grants to cultural organizations through a request for
proposal process.
(2) The grants may be used:
(a) To address significant opportunities to advance, preserve or
stabilize cultural resources; and
(b) To invest in the development of new cultural resources.
(3) The Trust for Cultural Development Board shall give priority
when awarding grants to:
(a) Proposals that have a broad cultural impact beyond the
applicant itself.
(b) Proposals from applicants that have culture as a priority
within the mission of the applicant.
(4) Applicants that receive a grant under this section shall be
required to match the grant amount in an amount as determined by the
board. [2001 c.954 §10; 2003 c.713 §12](1) There is created the Community Cultural Participation
Grant Program to be administered by the Administrator of the Arts Program
under the direction of the Trust for Cultural Development Board. The
purpose of the program is to provide funds to counties and federally
recognized Indian tribes for local cultural activities. The Arts Program
under the direction of the board shall make Community Cultural
Participation Grants to counties and tribes.
(2) The board shall develop guidelines for local cultural plans.
(3) A local cultural plan shall:
(a) Identify priorities and specific strategies for building public
cultural participation across cultural disciplines and organizations. The
strategies may include the involvement of partners outside of the
cultural sector such as business organizations, schools and health and
human services organizations.
(b) Identify annual benchmarks to determine the impact of grant
funds.
(c) Specify local leadership and governance for grant fund
management and for ongoing planning and development of benchmarks.
(4) Local cultural plans shall be broadly disseminated within each
county or tribe. The local cultural plans shall be used to encourage
planning and collaboration among cultural entities.
(5) The Administrator of the Arts Program shall provide technical
assistance to counties and tribes to support local cultural planning.
[2001 c.954 §11; 2003 c.713 §13]Note: Section 13, chapter 954, Oregon Laws 2001, provides:
Sec. 13. (1) For the fiscal years beginning July 1, 2003, through
July 1, 2011, the Arts Program, under the direction of the Trust for
Cultural Development Board, shall make Community Cultural Participation
Grants under ORS 359.436 to counties and federally recognized Indian
tribes to support cultural activities identified in the local cultural
plans. Grant funds received by a county or tribe shall be distributed
locally as specified in the local cultural plan.
(2) A portion of the grant funds received each fiscal year by a
county or tribe may be used for costs associated with grant management,
community technical assistance and accounting.
(3) For the fiscal year beginning July 1, 2007, a portion of each
grant awarded to a county or tribe may be used:
(a) For revising local cultural plans;
(b) To articulate updated priorities in the local cultural plan; and
(c) For strategies to continue deepening and expanding
participation in all facets of culture.
(4) The Trust for Cultural Development Board shall allocate grant
amounts for counties and tribes using a base amount, plus a per capita
amount for each county or tribe. [2001 c.954 §13; 2003 c.713 §14] (1) The Arts Program,
under the direction of the Trust for Cultural Development Board, shall
distribute the amount disbursed from the Trust for Cultural Development
Account under ORS 359.426 (3)(c) to the core partner agencies as follows:
(a) The Arts Program shall allocate 20 percent of the amount
disbursed under ORS 359.426 (3)(c) for joint efforts by the core partner
agencies in fostering cooperative cultural projects, including but not
limited to cultural education, cultural tourism and other cultural
activities.
(b) The Arts Program shall allocate 80 percent of the amount
disbursed under ORS 359.426 (3)(c) to the core partner agencies for the
purposes described in ORS 359.444. The Trust for Cultural Development
Board shall determine the amount or percent of available funds that each
core partner agency shall receive under this paragraph.
(2) The core partner agencies are not eligible to apply for grants
from the Community Cultural Participation Grant Program or the Cultural
Development Grant Program. [2001 c.954 §14; 2003 c.713 §15] (1) A
core partner agency may use funds received under ORS 359.426 (3)(c) to:
(a) Carry out the mission and mandate of the agency;
(b) Serve more grantees; and
(c) Encourage new cultural undertakings.
(2) Each core partner agency shall expend a portion of the amount
received under ORS 359.426 (3)(c) as determined by the Trust for Cultural
Development Board each fiscal year to fund development of qualitative
benchmarks and culture within Oregon. The evaluation of benchmarks may be
done in partnership with one or more higher education institutions in
Oregon. It is intended that this partnership will stimulate research and
investigation of the ways in which culture and related cultural policy
will impact the state over a 10-year period. [2001 c.954 §16]
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