2007 Oregon Code - Chapter 357 :: Chapter 357 - Libraries - Archives - Poet Laureate
Chapter 357 —
Libraries; Archives; Poet Laureate
2007 EDITION
LIBRARIES; ARCHIVES; POET LAUREATE
EDUCATION AND CULTURE
STATE LIBRARY
(Policy and Definitions)
357.001Â Â Â Â Legislative
findings
357.003Â Â Â Â Policy
357.004Â Â Â Â Definitions
for ORS 357.001 to 357.200
(Duties, Powers and Location)
357.005Â Â Â Â State
Library duties and powers; free book loans
357.007Â Â Â Â Location
of State Library
(Trustees)
357.010Â Â Â Â Trustees
of State Library
357.015Â Â Â Â Functions
of trustees; rules
357.031Â Â Â Â Authority
of trustees
357.035Â Â Â Â Trustees
as agency to apply for federal or private funds
357.040Â Â Â Â Authority
of trustees over real and personal property
(State Librarian)
357.050Â Â Â Â Duties
of State Librarian as secretary and administrator
357.071Â Â Â Â General
duties of State Librarian
(Public Documents)
357.090Â Â Â Â Issuing
agency to make public documents available for distribution; public documents
liaison officer; list of all public documents; no charge for access by library
357.095Â Â Â Â Designation
of depository libraries
357.100Â Â Â Â State
Library responsible for receipt of and access to public documents
357.105Â Â Â Â Free
access to certain public documents
(Finances)
357.195Â Â Â Â State
Library Donation Fund; Talking Book and Braille Library Endowment Fund
357.200Â Â Â Â Miscellaneous
Receipts Account
357.203Â Â Â Â Assessment
against state agencies for operating costs of State Library and State of
(Grants)
357.206Â Â Â Â Financial
assistance to public, school, tribal and academic libraries; grants
357.209Â Â Â Â Rules;
contracts
357.212Â Â Â Â Application
LIBRARY DISTRICTS
357.216Â Â Â Â Definitions
for ORS 357.216 to 357.286
357.221Â Â Â Â District
formation; petition requirements
357.223Â Â Â Â Multicounty
district formation; procedure
357.226Â Â Â Â District
board members; appointment of librarian
357.231Â Â Â Â Number
of board members; terms
357.233Â Â Â Â Election
laws applicable
357.236Â Â Â Â Election
of board members; vacancy
357.241Â Â Â Â Method
of electing board members
357.246Â Â Â Â Change
in method of electing board members
357.251Â Â Â Â Zone
boundaries
357.253Â Â Â Â Boundary
change to be filed with county assessor and Department of Revenue
357.256Â Â Â Â Board
as district governing body; selection of president
357.261Â Â Â Â District;
powers
357.266Â Â Â Â Financing
district activities; limitation on assessment
357.271Â Â Â Â Sinking
funds for acquisition of facilities; limitation on use of funds
357.276Â Â Â Â Deposit
and disbursement of district funds
357.281Â Â Â Â Legal
assistance
357.286Â Â Â Â Retirement
system for employees
INTERSTATE LIBRARY COMPACT
357.330Â Â Â Â Definitions
for ORS 357.330 to 357.370
357.340Â Â Â Â Interstate
Library Compact
357.350Â Â Â Â Library
compact administrator; deputy; library agreements to be submitted to State
Librarian
357.360Â Â Â Â Compliance
with laws on taxes and bonds required
357.370Â Â Â Â Duty
of compact administrator upon withdrawal from compact
PUBLIC LIBRARIES
357.400Â Â Â Â Definitions
for ORS 357.400 to 357.621
357.410Â Â Â Â Authority
of local government units for public libraries
357.417Â Â Â Â Methods
of establishing public library by local government unit
357.430Â Â Â Â Methods
of financing public library by local government unit
357.435Â Â Â Â Local
government required to file plan with State Library
357.460Â Â Â Â Financial
interest of public library board and appointive body; compensation
357.465Â Â Â Â Public
library board
357.470Â Â Â Â Board
organization; name of library
357.490Â Â Â Â Library
board general powers
357.520Â Â Â Â Annual
report
357.525Â Â Â Â Election
to authorize local option tax
357.610Â Â Â Â Conformity
to ORS 357.400 to 357.621 by libraries organized prior to enactment of those
statutes; effect on executed library contracts
357.621Â Â Â Â Public
hearings required prior to abolishing or withdrawing support from public
library
FINANCIAL ASSISTANCE FOR PUBLIC LIBRARY
SERVICES TO CHILDREN
357.740Â Â Â Â State
grants to local units of government
357.750Â Â Â Â Applications
for grants; uses of grant moneys; rules
357.760Â Â Â Â State
Library Trustees to administer ORS 357.740 to 357.780
357.780Â Â Â Â Grants
for public library services to children; basis of distribution of funds
STATE ARCHIVIST
357.805Â Â Â Â Definitions
for ORS 357.805 to 357.895
357.815Â Â Â Â State
Archivist
357.825Â Â Â Â Acquisition
and custody of public records; rulemaking authority
357.835Â Â Â Â Transfer
of public records to State Archivist
357.845Â Â Â Â Seal
of State Archivist
357.855Â Â Â Â Advice
and assistance on public record problems
357.865Â Â Â Â Filing
copy of public record with State Archivist; loss of original
357.875Â Â Â Â Access
to public records; privileged information
357.885Â Â Â Â Fees
of State Archivist
357.895Â Â Â Â Rules
POET LAUREATE
357.925Â Â Â Â Poet
Laureate office; qualifications; term
PROHIBITED ACTIONS
357.975Â Â Â Â Willful
detention of library property
PENALTIES
357.990Â Â Â Â Penalties
STATE LIBRARY
(Policy and Definitions)
     357.001
Legislative findings. The
State of
     (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]
     357.003
Policy. It is the policy of
the people of the State of
     (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]
     357.004
Definitions for ORS 357.001 to 357.200. 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)
     357.005
State Library duties and powers; free book loans. (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
     357.007
Location of State Library.
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)
     357.010
Trustees of State Library.
(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]
     357.015
Functions of trustees; rules.
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]
     357.020 [Repealed by 1975 c.476 §34]
     357.030 [Amended by 1953 c.300 §5; repealed by 1961
c.251 §1 (357.031 enacted in lieu of 357.030)]
     357.031
Authority of trustees. 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
     357.035
Trustees as agency to apply for federal or private funds. 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]
     357.040
Authority of trustees over real and personal property. (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)
     357.050
Duties of State Librarian as secretary and administrator. 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]
     357.060 [Amended by 1969 c.706 §64e; 1975 c.476 §5;
renumbered 357.007]
     357.070 [Amended by 1953 c.300 §5; repealed by 1961
c.251 §4 (357.071 enacted in lieu of 357.070)]
     357.071
General duties of State Librarian. 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]
     357.080 [Amended by 1953 c.300 §5; 1961 c.251 §6;
1975 c.476 §4; renumbered 357.005]
(Public
Documents)
     357.090
Issuing agency to make public documents available for distribution; public
documents liaison officer; list of all public documents; no charge for access
by library. (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 agencyÂ’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 agencyÂ’s obligations under this section.
Each issuing agency shall notify the State Librarian of the name of the agencyÂ’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]
     357.095
Designation of depository libraries. 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]
     357.100
State Library responsible for receipt of and access to public documents. (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]
     357.105
Free access to certain public documents. 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)
     357.195
State Library Donation Fund; Talking Book and Braille Library Endowment Fund. (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]
     357.200
Miscellaneous Receipts Account.
(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]
     357.203
Assessment against state agencies for operating costs of State Library and State
of
     (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
     (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
     (4) The Oregon Department of
Administrative Services shall cause the amount assessed against state agencies
for the operating budget of the State of
     (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)
     357.206
Financial assistance to public, school, tribal and academic libraries; 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
     357.209
Rules; contracts. 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]
     357.210 [Amended by 1953 c.136 §4; 1963 c.49 §3;
repealed by 1975 c.476 §34]
     357.212
Application. Public
libraries, established in accordance with ORS 357.410, school libraries, tribal
libraries, as defined in ORS 357.206, or any academic library in
LIBRARY
DISTRICTS
     357.216
Definitions for ORS 357.216 to 357.286. 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, 198.510, 198.705, 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; 2007 c.179 §7]
     357.220 [Amended by 1975 c.476 §10; renumbered
357.035]
     357.221
District formation; petition requirements. (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]
     357.223
Multicounty district formation; procedure. (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]
     357.226
District board members; appointment of librarian. (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]
     357.230 [Amended by 1975 c.476 §8; renumbered
357.015]
     357.231
Number of board members; terms.
(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]
     357.233
Election laws applicable.
(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]
     357.236
Election of board members; vacancy. (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]
     357.240 [Amended by 1965 c.378 §7; repealed by 1975
c.476 §34]
     357.241
Method of electing board members. (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]
     357.246
Change in method of electing board members. (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]
     357.250 [Repealed by 1975 c.476 §34 and 1975 c.614 §9a]
     357.251
Zone boundaries. 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]
     357.253
Boundary change to be filed with county assessor and Department of Revenue. 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]
     357.256
Board as district governing body; selection of president. (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]
     357.260 [Repealed by 1975 c.476 §34]
     357.261
District; powers. 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]
     357.266
Financing district activities; limitation on assessment. 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]
     357.270 [Amended by 1975 c.476 §14; renumbered
357.195]
     357.271
Sinking funds for acquisition of facilities; limitation on use of funds. 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]
     357.276
Deposit and disbursement of district funds. (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 treasurerÂ’s
receipts and disbursements of money for the district. [1981 c.226 §13]
     357.280 [Repealed by 1953 c.300 §5]
     357.281
Legal assistance. 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]
     357.286
Retirement system for employees. A district may establish an employeesÂ’ retirement system as provided
for rural fire protection districts under ORS 478.355 to 478.370. [1981 c.226 §15]
     357.290 [1965 c.378 §§1,2,3; repealed by 1975 c.476 §34]
INTERSTATE
LIBRARY COMPACT
     357.330
Definitions for ORS 357.330 to 357.370. 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]
     357.340
Interstate Library Compact.
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 officerÂ’s or agencyÂ’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
administratorÂ’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
     For ratification of the Interstate Library
Compact by
     357.350
Library compact administrator; deputy; library agreements to be submitted to
State Librarian. 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]
     357.360
Compliance with laws on taxes and bonds required. 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]
     357.370
Duty of compact administrator upon withdrawal from compact. 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
     357.400
Definitions for ORS 357.400 to 357.621. 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]
     357.410
Authority of local government units for public libraries. 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 287A 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]
     357.415 [1955 c.432 §3; repealed by 1975 c.476 §34]
     357.417
Methods of establishing public library by local government unit. (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]
     357.420 [Amended by 1955 c.432 §6; repealed by 1975
c.476 §34]
     357.430
Methods of financing public library by local government unit. 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]
     357.435
Local government required to file plan with State Library. 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 LibraryÂ’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]
     357.440 [Repealed by 1975 c.476 §34]
     357.445 [Amended by 1955 c.432 §8; repealed by 1975
c.476 §34]
     357.450 [Repealed by 1961 c.251 §10 (357.451 enacted
in lieu of 357.450)]
     357.451 [1961 c.251 §11 (enacted in lieu of
357.450); 1975 c.112 §2; 1975 c.476 §18; renumbered 357.417]
     357.455 [1961 c.251 §14; 1975 c.112 §3; 1975 c.476 §26;
renumbered 357.525]
     357.460
Financial interest of public library board and appointive body; compensation. (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]
     357.465
Public library board. (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]
     357.470
Board organization; name of library. 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]
     357.480 [Amended by 1955 c.432 §10; 1975 c.112 §6;
repealed by 1975 c.476 §34]
     357.490
Library board general powers.
In the ordinance or resolution establishing the library, the governing body
shall determine the library boardÂ’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]
     357.500 [Amended by 1955 c.432 §12; repealed by 1975
c.476 §34]
     357.510 [Repealed by 1975 c.476 §34]
     357.520
Annual report. 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]
     357.525
Election to authorize local option tax. (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]
     357.530 [Amended by 1953 c.238 §1; 1955 c.432 §13;
1975 c.112 §8; repealed by 1975 c.476 §34]
     357.540 [Amended by 1961 c.251 §16; 1975 c.112 §9;
repealed by 1975 c.476 §34]
     357.545 [1955 c.432 §15; repealed by 1975 c.476 §34]
     357.550 [Amended by 1955 c.432 §16; 1961 c.251 §17;
repealed by 1975 c.476 §34]
     357.560 [Amended by 1955 c.432 §17; repealed by 1975
c.476 §34]
     357.570 [Amended by 1955 c.432 §18; repealed by 1967
c.67 §20 (enacted in lieu of 357.570)]
     357.571 [1967 c.67 §21; repealed by 1975 c.476 §34]
     357.580 [Amended by 1955 c.432 §19; 1965 c.354 §10;
repealed by 1975 c.476 §34]
     357.590 [Repealed by 1975 c.476 §34]
     357.600 [Amended by 1965 c.354 §11; 1967 c.67 §22;
repealed by 1975 c.476 §34]
     357.610
Conformity to ORS 357.400 to 357.621 by libraries organized prior to enactment
of those statutes; effect on executed library contracts. (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]
     357.620 [Repealed by 1975 c.476 §28 (357.621 enacted
in lieu of 357.620)]
     357.621
Public hearings required prior to abolishing or withdrawing support from public
library. 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)]
     357.625 [1955 c.432 §23; repealed by 1975 c.476 §34]
     357.630 [Amended by 1955 c.432 §20; repealed by 1975
c.476 §34]
     357.640 [Amended by 1955 c.432 §21; 1965 c.354 §12;
1975 c.112 §10; 1975 c.476 §20; renumbered 357.435]
     357.650 [Repealed by 1953 c.136 §4]
     357.655 [1971 c.676 §1; repealed by 1975 c.476 §34]
     357.660 [Repealed by 1953 c.136 §4]
     357.665 [1971 c.676 §2; repealed by 1975 c.476 §34]
     357.670 [Repealed by 1953 c.136 §4]
     357.675 [1971 c.676 §3; repealed by 1975 c.476 §34]
     357.680 [Repealed by 1953 c.136 §4]
     357.685 [1971 c.676 §§4, 5; repealed by 1975 c.476 §34]
     357.690 [Repealed by 1953 c.136 §4]
     357.700 [Repealed by 1953 c.136 §4]
     357.705 [1957 c.358 §1; 1959 c.112 §1; 1975 c.476 §3;
renumbered 357.003]
     357.710 [Repealed by 1953 c.136 §4]
     357.715 [1957 c.358 §§2, 3; 1959 c.112 §2; 1961
c.251 §18; repealed by 1975 c.476 §34]
     357.720 [Repealed by 1957 c.136 §4]
     357.721 [1959 c.265 §3; repealed by 1961 c.198 §4]
     357.725 [1957 c.358 §§4, 5; repealed by 1959 c.112 §4]
     357.730 [1957 c.358 §6; 1959 c.112 §3; 1961 c.251 §19;
repealed by 1975 c.476 §34]
FINANCIAL
ASSISTANCE FOR PUBLIC LIBRARY SERVICES TO CHILDREN
     357.740
State grants to local units of government. 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]
     357.750
Applications for grants; uses of grant moneys; rules. Units of local government and counties may apply
to the Trustees of the State Library 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 early
literacy services for children from birth to five years of age and to provide
the statewide summer reading program, as defined by rule of the Trustees of the
State Library, for children from birth to 14 years of age. [1977 c.291 §2; 1993
c.20 §2; 2007 c.191 §1]
     357.760
State Library Trustees to administer ORS 357.740 to 357.780. The Trustees of the State Library shall
administer the provisions of ORS 357.740 to 357.780 and shall adopt rules
governing the application for and granting of funds under ORS 357.740 to
357.780. [1977 c.291 §3]
     357.770 [1977 c.291 §5; 1985 c.257 §1; 1991 c.602 §1;
repealed by 2005 c.128 §1]
     357.780
Grants for public library services to children; basis of distribution of funds. (1) The Trustees of the State Library shall
disburse moneys under this section 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 public 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 Trustees of the State Library
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 authorityÂ’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 Trustees of the State Library
shall distribute 20 percent of the funds specifically appropriated by the
Legislative Assembly for public library services on an area basis.
     (4) The Trustees of the State Library may
not make a grant that is less than $1,000 to a qualifying public library for
public library services for children. [1979 c.835 §2; 1985 c.257 §2; 1987 c.92 §5;
1991 c.602 §2; 1993 c.20 §3; 2007 c.191 §2]
STATE
ARCHIVIST
     357.805
Definitions for ORS 357.805 to 357.895. 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]
     357.810 [Renumbered 357.955]
     357.815
State Archivist. 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 yearsÂ’ experience as an archivist shall be
eligible for the office of State Archivist. [Formerly 358.010; 1973 c.439 §3]
     357.820 [Renumbered 357.965]
     357.825
Acquisition and custody of public records; rulemaking authority. (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]
     357.830 [Renumbered 357.975]
     357.835
Transfer of public records to State Archivist. (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]
     357.845
Seal of State Archivist. 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
     357.855
Advice and assistance on public record problems. 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]
     357.865
Filing copy of public record with State Archivist; loss of original. (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]
     357.875
Access to public records; privileged information. 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]
     357.885
Fees of State Archivist. 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]
     357.895
Rules. 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]
     357.910 [Amended by 1963 c.519 §35; renumbered
358.810]
     357.920 [Renumbered 358.820]
POET LAUREATE
     357.925
Poet Laureate office; qualifications; term. (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
     (a) Has been a resident of
     (b) Is currently a resident of
     (c) Is publicly recognized as a poet and
is well regarded for excellence in the personÂ’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
     357.930 [Amended by 1955 c.276 §1; renumbered
358.830]
     357.940 [Repealed by 1955 c.276 §2]
     357.950 [Renumbered 358.840]
     357.955 [Formerly 357.810; repealed by 1973 c.259 §20]
     357.960 [Amended by 1955 c.276 §2; renumbered
358.850]
     357.965 [Formerly 357.820; repealed by 1971 c.743 §432]
PROHIBITED
ACTIONS
     357.975
Willful detention of library property. 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]
PENALTIES
     357.990
Penalties. Violation 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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