Oregon Revised Statutes
The State of Oregon recognizes that: An informed citizenry is indispensable to the proper functioning of a democratic society. Libraries constitute a cultural, informational and educational resource essential to the people of this state. Library services should be available widely throughout the state to bring within convenient reach of the people appropr…
It is the policy of the State of Oregon to have a State Library that: Provides library services suitable to support state government needs and operations; Provides efficient library services for Oregonians who are print-disabled; Promotes the establishment, development and support of local library services; Promotes and supports library services for chil…
As used in ORS 357.001 to 357.200, unless the context requires otherwise: “Depository library” means a library that is designated as such under ORS 357.095. “Issuing agency” means state government, as that term is defined in ORS 174.111. “Issuing agency” does not include any public university listed in ORS 352.002 or office, department or activity under t…
(Duties, Powers and Location)
Unless specifically identified, ORS 357.001 to 357.200 do not apply to: The State Archives, or to databases, information resources, subscription licenses or other services or resources provided by the State Archives; or The State of Oregon Law Library or county law libraries, or to legal databases, information resources, subscription licenses or other law-…
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.
The State Library shall carry out the functions prescribed in ORS 357.001 and 357.002 as follows: The State Library shall support the needs and operations of state government by maintaining and developing appropriate collections of library services to supplement the collections and services of other libraries in this state and to meet the reference and rese…
The State Library may: With the advice of the libraries of this state, establish and 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 outside their normal service areas; and…
(State Library Board)
The State Library Board is established, consisting of nine voting members. The Governor, after consultation with the Oregon Library Association, shall appoint seven voting members as follows: Two members from two different state agencies; One member representing a public library in eastern Oregon; One member representing a public library in western Orego…
The State Library Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines. A majority of the members of the board constitutes a quorum for the transaction of business. The board shall meet at least o…
The State Library Board shall be the policy-making body for the State Library. The State Library Board shall: Formulate general policies for the State Library to provide the framework for library operations; Adopt rules to carry out the purposes for which the State Library is established or for any other purpose authorized by law; In consultation with the…
The State Library Board shall adopt rules: Defining reasonable public access to the State Library and its resources and materials. Defining State Library resources, including, but not limited to, print, electronic, subscription and reference services. Establishing processes and procedures related to state agency use of State Library resources, as defined …
The State Library shall certify each biennium any state agency library or library service that is maintained separate from the State Library or that is proposed to be maintained separate from the State Library. The State Library Board shall adopt rules relating to the certification process and review criteria. The State Library Board shall report to the Le…
The State Library Board may: Enter into contracts with any person or governmental entity: To provide, extend, improve or coordinate library services; or To demonstrate appropriate programs of library services. Enter into library agreements pursuant to Article V of the Interstate Library Compact (ORS 357.340). Establish, equip and maintain regional libra…
Subject to the provisions of ORS 291.260 and 291.375, the State Library Board is 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 State Library Board 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 board or to the State of Oregon for the benefit of the library. The board may accept by assignment and hold mortgages u…
The Governor shall appoint a State Librarian subject to confirmation in the Senate in the manner provided in ORS 171.562 and 171.565. The State Librarian 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 Governor.
The State Librarian shall: Serve as Secretary to the State Library Board and keep the official record of the board’s actions. Be the chief administrative officer of the State Library in accordance with policies established by the board. Serve on the State Reference Coordinating Council established under ORS 357.900.
The State Librarian shall: 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. Make all reports, maintain all records and execute all instruments required by law or rule and perform all duties necessary to…
(Public Documents)
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 …
The State Library Board shall designate no more than 10 libraries as depository libraries, which shall be entitled to receive copies of government publications 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, geogra…
The State Library shall be the agency responsible for receiving copies of government publications and making them available to depository libraries. The State Librarian shall periodically assess the performance of depository libraries and report the results of these assessments to the State Library Board. The State Library shall ensure public access to gov…
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. (Subscriptions)
The State Library, in coordination with the Oregon Department of Administrative Services, shall approve the selection, negotiation, purchase and maintenance of subscriptions statewide, for reference-related databases, and physical and digital subscriptions for all state agencies. Each state agency shall obtain the written approval of the State Librarian pri…
The State Library Donation Fund is established in the State Treasury, separate and distinct from the General Fund. The following moneys shall be placed in the fund: Gifts and donations to the State Library; The interest, income, dividends or profits received on any property or funds of the State Library derived from gifts, legacies, devises, bequests, endo…
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 and 357.203. Moneys deposited with the treasurer under this subsection shall be deposited into the Miscellaneous Receipts Account for the Sta…
The State Library and State of Oregon Law Library operating budget for services to state agencies shall be assessed against all state agencies. The State Library assessment shall be apportioned among the agencies as follows: One-third of the assessment shall be based on the use of the State Library by the agency; and Two-thirds of the assessment shall be b…
The state shall provide financial assistance for library resource sharing activities to public, school, tribal and academic libraries from funds specifically appropriated for that purpose in order to implement ORS 357.008 (3), which requires the State Library to promote the establishment, development and support of local library services. The grants shall be…
The State Library Board 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.
Public libraries, established in accordance with ORS 357.410, school libraries, tribal libraries, as defined in ORS 357.206, or any academic library in Oregon may apply for resource sharing grants on an annual basis. LIBRARY DISTRICTS
As used in ORS 357.216 to 357.286, unless the context requires otherwise: “County governing body” means the county court or board of county commissioners of the county. “County” means the county in which the administrative office of the district is located. “District” means a library district formed under ORS 198.010, 198.180, 198.510, 198.705, 255.012, 3…
A library district may be created as provided in ORS 198.705 to 198.955 and 357.216 to 357.286. 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.
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: The intention of the county governing body to initiate the form…
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. Any elector residing within the district shall be qualified to serve as a district board member.
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. If the effective date of the formation of the district occurs in an odd-nu…
ORS chapter 255 governs the following: The nomination and election of district board members. The conduct of district elections. 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.
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. Each district board member elected shall take an oath of off…
The district board members may be elected in one of the following methods or a combination thereof: Elected by the electors of zones as nearly equal in population as possible according to the latest federal census. Elected at large by position number by the electors of the district. Candidates for election from zones shall be nominated by electors of the …
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: May order the election on its own resolution; or Shall order the election when a petition is fi…
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.
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.
The district board shall be the governing body of the district and shall exercise all powers thereof. At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president.
A library district has the power: To have and use a common seal. To sue and be sued in its name. 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. T…
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 credite…
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 o…
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.
A district may establish an employees’ retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370.
INTERSTATE LIBRARY COMPACT
As used in ORS 357.330 to 357.370, except where the context otherwise requires: “Compact” means the Interstate Library Compact. “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.
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…
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 recomme…
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…
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. PUBLIC LIBRARIES
As used in ORS 357.400 to 357.621: “Governing body” means the board, commission, council or other body which governs the local government unit. “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…
The State Library Board shall establish minimum conditions that a public library must meet. The conditions established under this section must, at least: Include financial support from public funds and regularly scheduled open hours; and Provide reasonable exemptions to libraries with service populations of 2,000 or fewer residents of the local government…
Any local government unit may: Establish, equip and maintain a public library. 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 m…
A public library may be established by a local government unit by any of the following ways: 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. When a petition requesting an election on the question of establishing and supporting…
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…
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 ser…
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. Board members may be reimbursed for expenses incurred in the performance of their…
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. 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 di…
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.
In the ordinance or resolution establishing the library, the governing body shall determine the library board’s responsibility for: Appointment of the librarian and staff, fixing their compensation, determining their working conditions and prescribing their duties. Formulating rules and policies for the governance of the library. Preparing and submitting …
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.
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: May order the election on its own resolution; or Shall order the election when a petition is filed as provided in this section. The resolution or the petition c…
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 proced…
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…
FINANCIAL ASSISTANCE FOR PUBLIC LIBRARY SERVICES TO CHILDREN
The state shall provide financial assistance for public library service to public libraries established pursuant to law from funds specifically appropriated therefor by annual grants to units of local government. The grants shall be expended to develop public library services for children, with emphasis on preschool children.
Units of local government and counties may apply to the State Library Board for annual establishment and development grants. The grants may be made from funds specifically appropriated for that purpose and are to be used to establish, develop or improve public library early literacy services for children from birth to six years of age and to provide the stat…
The State Library Board 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.
The State Library Board 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 that begins providing library service t…
The Connecting Oregon Libraries Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Connecting Oregon Libraries Fund shall be credited to the fund. The Connecting Oregon Libraries Fund consists of any moneys deposited in the fund from whatever source and may include moneys appropriated, allocated, d…
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.
The office of State Archivist hereby is created. It shall be under the control and supervision of the Secretary of State, who shall, subject to any applicable provisions of the State Personnel Relations Law, appoint and fix the compensation of the archivist and such assistants as may be necessary. No person who has not had at least five years’ experience as …
The State Archivist may negotiate for, acquire and receive public records, writings and illustrative materials of value or interest for legal, administrative, fiscal, tribal cultural, historical or research purposes. The State Archivist is constituted official custodian of all such records, writings or materials deposited in, acquired for, or transferred upo…
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 o…
The State Archivist shall have a seal which shall have the coat of arms of the state engraved in the center thereof, with the following inscription surrounding such coat of arms: “The State Archivist, State of Oregon.”
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.
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. If the original public record or wr…
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.
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.
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. STATE REFERENCE COORDINATING COUNCIL
There is established a State Reference Coordinating Council whose duties are to coordinate the delivery of library, information and reference services provided by the State Library, the State Archives and the State of Oregon Law Library, to clarify the roles of the State Library, State Archives and State of Oregon Law Library and to promote collaboration and…
POET LAUREATE
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. The person appointed to the office of Poet Laureate of the State of Oregon must be a person who: Has been a resident of …
PROHIBITED ACTIONS
It shall be unlawful for any person willfully or maliciously to detain any library materials belonging to a publicly supported library or privately supported school, academic or research library or incorporated library for 30 days after notice in writing from the librarian of such library, given after the expiration of time which by regulations of such libra…
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. _______________