|Chapter 357 - Libraries; Archives ; Poet Laureate
(Policy and Definitions)
357.001 Legislative findings. The State of Oregon recognizes that:
(1) An informed citizenry is indispensable to the proper functioning of a democratic society.
(2) Libraries constitute a cultural, informational and educational resource essential to the people of this state.
(3) Library services should be available widely throughout the state to bring within convenient reach of the people appropriate opportunities for reading, study and free inquiry.
(4) Providing and supporting adequate library services is a proper and necessary function of government at all levels.
(5) It is a basic right of citizens to know about the activities of their government, to benefit from the information developed at public expense and to have permanent access to the information published by state agencies.
357.003 Policy. It is the policy of the people of the State of Oregon:
(1) To promote the establishment, development and support of library services for all of the people of this state.
(2) To provide library services suitable to support informed decisions by the personnel of government.
(3) To encourage cooperation between units of government and between and among libraries and to encourage the joint exercise of powers where such cooperation or joint exercise will increase the extent of library services in a fair and equitable manner.
(4) To ensure that copies of all public documents and access to state agency information in electronic form are available to citizens through a system of depository libraries.
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.
(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.
(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.
(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 Oregon through existing libraries.
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.
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.
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.
357.031 Authority of trustees. The Trustees of the State Library may:
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.
(1) Enter into contracts with any person or governmental entity:
(a) To provide, extend, improve or coordinate library services; or
(2) Enter into library agreements pursuant to Article V of the Interstate Library Compact (ORS 357.340).
(b) To demonstrate appropriate programs of library services.
(3) Establish, equip and maintain regional library service centers of the State Library outside the City of Salem when the library needs of the state will be better served.
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.
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.
357.071 General duties of State Librarian. The State Librarian shall:
(2) Be the chief administrative officer of the State Library in accordance with policies established by the trustees and the laws of this state.
(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.
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 agency's public documents that are produced in a tangible medium. An issuing agency shall also designate all public documents that are published electronically so that the document may be made available to the State Library.
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.
(2) The head of each issuing agency or a designee shall be the public documents liaison officer for the agency and shall be responsible for carrying out the agency's obligations under this section. Each issuing agency shall notify the State Librarian of the name of the agency's public documents liaison officer.
(3) Each issuing agency shall provide to the State Librarian an annual listing of all public documents, including those produced in electronic form, that the agency has made available to the public during the preceding year.
(4) Issuing agencies shall not charge any public, school or academic library for access to information produced by the agency and maintained in electronic form.
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.
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.
(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.
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:
357.200 Miscellaneous Receipts Account.
(a) Gifts and donations to the State Library;
(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.
(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.
(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.
(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.
357.203 Assessment against state agencies for operating costs of State Library and State of Oregon Law Library.
(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.
(1) The State Library and State of Oregon Law Library operating budget for services to state agencies shall be assessed against all state agencies except the Oregon University System. The State Library assessment shall be apportioned among the agencies as follows:
(a) One-third of the assessment shall be based on the use of the State Library by the agency; and
(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.
(b) Two-thirds of the assessment shall be based on the number of full-time equivalent employees budgeted by the agency.
(3) Subject to the provisions of subsection (5) of this section, the department shall determine and may at any time redetermine which state funds or appropriations shall be assessed a reasonable share of State Library and State of Oregon Law Library operating expenses that support state agencies. In determining or redetermining the funds that shall be so assessed:
(a) A fund consisting of moneys the use of which is restricted by the Oregon Constitution shall be assessed only those governmental service expenses ascertained as being necessarily incurred in connection with the purposes set forth in the Oregon Constitution.
(4) The Oregon Department of Administrative Services shall cause the amount assessed against state agencies for the operating budget of the State of Oregon Law Library to be transferred to the Judicial Department. Moneys transferred under this subsection are continuously appropriated to the Judicial Department and may be used only for the costs of operating the State of Oregon Law Library.
(b) Trust funds shall be assessed only those governmental service expenses ascertained as being necessarily incurred in connection with the purposes for which the trust fund was established.
(c) State agencies shall be assessed only the State Library and State of Oregon Law Library expenditures that support state agencies.
(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.
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:
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.
(a) To provide matching grants and other assistance to facilitate the statewide licensing of electronic databases for all types of libraries;
(2) As used in this section, "tribal library" means a library operated by a federally recognized Indian tribe in Oregon.
(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.
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 Oregon may apply for resource sharing grants on an annual basis.