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Oregon Library Laws - Administrative Rules - State Library: Database Licensing
Oregon Administrative Rules
Chapter 543 - Oregon State Library
 
DIVISION 60
OREGON STATEWIDE DATABASE LICENSING PROGRAM
 
543-060-0000
Scope
 
OAR chapter 543, division 60, applies only to statewide licensing of electronic databases in public, school, academic, and tribal libraries.
 
543-060-0010
Definitions
The following definitions apply to the terms used in this division:
(1) "Public library" has the meaning given to public library in ORS 357.400(3), and shall be established in accordance with ORS 357.410.
 
(2) "Academic library" means any library of a not-for-profit institution of postsecondary education in Oregon, whether publicly or privately funded.
 
(3) "School library" means any library in a common school district or union high school district.
 
(4) "Tribal library" means a library operated by any of the nine federally-recognized tribes in Oregon.
 
(5) "Resource sharing systems" means all public, academic, or school libraries participating in a resource sharing system.
 
(6) "Fiscal Year" means the period of one year commencing on July 1 and closing on June 30th.
 
(7) "Interlibrary Loan" means one item of library material, or one copy from library materials, that is made available from a library's holdings to another library upon request.
 
(8) "Statewide database licensing" means the cooperative contract negotiation and purchase to make collections of electronically stored data, records or full text available to public, school, academic, and tribal libraries in Oregon.
543-060-0020
Authorized Activities
 
Oregon State Library is authorized to negotiate and contract with commercial database providers on behalf of public, school, academic, and tribal libraries to provide access to full text periodicals databases and a newspaper database that includes the Oregonian. The statewide database subsidy program is established under the provisions of this division to assist eligible public, academic, school and tribal libraries to participate in the statewide full text periodicals database program. The Oregon State Library is authorized to collect and administer funds from public and academic libraries in payment for such databases. A statewide database subsidy is established under the provisions of this division to assist eligible school, public, academic, and tribal libraries to participate in the statewide newspaper database program.
 
543-060-0030
Statewide Database Licensing Process
(1) Eligibility: Any public, school, academic, tribal library or resource sharing system as defined above is eligible to participate in the program if the following criteria are met:
(a) The library or resource sharing system provides interlibrary loans without charge to requesting in-state public, academic, school, and tribal libraries and resource sharing systems.
 
(b) The public, academic library or resource sharing system is a signatory to and abides by the "Interlibrary Loan Code for Oregon Libraries."
 
(c) The library or resource sharing system certifies the above criteria are met and agrees to participate in the Statewide Database Licensing Program.
(2) The Statewide Database Licensing Advisory Committee shall be appointed by the Library Services and Technology Act (LSTA) Advisory Council.
(a) Role: The Statewide Database Licensing Advisory Committee shall advise the LSTA Advisory Council and the Oregon State Library staff in request for proposal development and database product evaluation, and provide ongoing database product assessment and customer feedback. The Statewide Database Licensing Advisory Committee shall also advise the LSTA Advisory Council on the appropriate percentage allocation of periodicals database costs to public, academic and school libraries.
 
(b) Membership of the Statewide Database Licensing Advisory Committee: One representative from the LSTA Advisory Council; three public library representatives, one each from libraries serving populations over 100,000, between 25,000-100,000, and 25,000 or less; three academic library representatives, one each from a community college, Oregon University System, and private academic institution; one representative from a resource sharing system; one tribal library representative, and, two school library representatives. Orbis Cascade Alliance and the Organization for Educational Technology and Curriculum (OETC) will each have one representative serving in a non-voting, ex officio capacity. In making appointments the LSTA Advisory Council will seek representatives with experience in database licensing and the use of databases.
 
(c) Terms of appointment: Terms shall be for three years, except initial terms shall be staggered. The LSTA Advisory Council representative shall serve a two year term.
 
(d) Meetings: The Statewide Database Licensing Advisory Committee shall meet at least twice each calendar year, and may meet more often as needed.
(3) Request for proposal process: The Oregon State Library shall be the fiscal agent for the program and shall use Federal funds under the Library Services and Technology Act to subsidize the program. Oregon State Library shall work with the Department of Administrative Services to procure periodical and newspaper full text databases.
 
(4) Database subsidy process:
(a) The Oregon State Library administers the database subsidy process.
 
(b) Participating public and academic libraries and resource sharing systems shall be billed annually, in July, for periodicals database charges for the upcoming service year. Invoices to participants represent the difference in the subsidized annual costs paid by the State Library and the cost to the participants.
(5) Formula for periodicals database subsidy to public, academic libraries or resource sharing systems: Once a determination has been made of the percentage allocation of periodicals database cost among school, public and academic libraries, the costs will be further allocated to participants in the following manner:
(a) The public library or resource sharing system cost is based on the population served during the previous year, as determined by the State Library.
 
(b) The academic library cost is based on the student enrollment during the previous academic year, as determined by official sources, such as the Integrated Postsecondary Education Data System (IPEDS), and the Oregon Community College Unified Reporting System (OCCURS). Community college FTE will be adjusted for terms to arrive at an average annual full time enrollment.
 
(c) Individual library periodicals database costs per year of $225 or less are subsidized in full by the State Library. Periodicals database costs per year of more than $225 are subsidized at 50% of the total annual periodicals database costs. Participants will be billed for the 50% unsubsidized portion of total annual periodicals database costs.
(6) Formula for periodicals database costs to school libraries: The annual database contract costs to school libraries will be supported with LSTA funds as determined by the State Library Board of Trustees, with a recommendation from the LSTA Advisory Council.
 
(7) Formula for periodicals database costs to tribal libraries: The annual database contract costs to tribal libraries will be supported with LSTA funds as determined by the State Library Board of Trustees, with a recommendation from the LSTA Advisory Council.
 
(8) Formula for newspaper database subsidy: All eligible public, school, academic, and tribal libraries, or resource sharing systems accessing the full text newspaper database are subsidized in full by the State Library.
 
(9) Statewide database expenditure plan: An annual budget for the Statewide Database Licensing Program shall be recommended by the Library Services and Technology Act Advisory Council to the State Library Board of Trustees and shall be adopted by the State Library Board of Trustees.
543-060-0040
Calendar
 
The Statewide Database Licensing Program in Request for Proposal years shall follow a calendar of events as listed below:
(1) The Request for Proposal shall be issued no later than January in a year requiring proposal development, and responses shall be received no later than March.
 
(2) Request for Proposal evaluations shall be completed by the Statewide Database Licensing Advisory Committee within 60 days of receipt of responses.
 
(3) Recommendations by the Statewide Database Licensing Advisory Committee to the Library Services and Technology Act Advisory Council shall be made prior to its May meeting.
 
(4) The Library Services and Technology Act Advisory Council shall review the database recommendations at its May meeting, and make recommendations to the State Library Board of Trustees in June.
 
(5) Participating libraries shall be notified of anticipated costs for that subscription year after the Board meeting, invoiced in July, and payments shall be due in August or as determined by the vendor contract.
Annual invoicing in non-Request for Proposal years shall follow a calendar of events as listed below: Recommendations by the Statewide Database Licensing Advisory Committee to the Library Services and Technology Act Advisory Council shall be made prior to its May meeting. Participating libraries will be notified of anticipated costs for that subscription year after the meeting. The Library Services and Technology Act Advisory Council shall review the database recommendations at its May meeting, and make recommendations to the State Library Board of Trustees in June. Participating libraries shall be invoiced in July, and payments shall be due in August or as determined by the vendor contract.
 
543-060-0060
Population Determination for Public Libraries
(1) The State Librarian shall use the population estimates for cities and counties included in the publication, Population Estimates for Oregon, published by the Center for Population Research and Census, Portland State University, as amended by the latest supplements to this publication.
 
(2) In accordance with ORS 357.780(2)(c), a public library may be assigned population beyond its governing authority's jurisdiction in cases where the library has a valid contract with a unit of local government to provide services to this population. The contract, which must be on file at the State Library, must grant the library the sole responsibility to serve the population in question, and the population must be specified in the contract in a clear and precise manner, in order for additional population to be assigned for grant purposes. Public libraries established as non-profit corporations under Oregon law may be assigned population and may receive grants only in this manner.
 
(3) In cases other than those described in section (2) of this rule, where the same population is served by two or more public libraries, the State Librarian shall determine which public library is the primary service provider to the population in question, and shall assign the population to the primary service provider. In making this determination the State Librarian shall consider the location of library facilities and any available statistics on patterns of library use by the population in question.
[Publications: Publications referenced are available from the agency.]