Chapter 357 — Chapter 357
156 sections in this chapter.
ORS 357.001 Legislative findings. The State of Oregon recognizes that
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(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…
ORS 357.002 Policy. It is the policy of the State of Oregon to have a State Library that
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(1) Provides library services suitable to support state government needs and operations; (2) Provides efficient library services for Oregonians who are print-disabled; (3) Promotes the establishment, development and support of local library services; (4) Promotes and supports lib…
ORS 357.003 [Formerly 357.705; 1995 c.69 §2; repealed by 2015 c.328 §32]
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[Repealed or reserved.]
ORS 357.004 Definitions for ORS 357.001 to 357.200. As used in ORS 357.001 to 357.200, unless the context requires otherwise
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(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 any public university listed in ORS 352.002 or office, department o…
ORS 357.005 [Formerly 357.080; 1993 c.29 §1; 2003 c.172 §1; 2005 c.33 §3; repealed by 2015 c.328 §32]
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(Duties, Powers and Location)
ORS 357.006 State Archives, databases, libraries and other services or resources to which ORS 357.001 to 357.200 do not apply. Unless specifically identified, ORS 357.001 to 357.200 do not apply to
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(1) The State Archives, or to databases, information resources, subscription licenses or other services or resources provided by the State Archives; or (2) The State of Oregon Law Library or county law libraries, or to legal databases, information resources, subscription licenses…
ORS 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]
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[Repealed or reserved.]
ORS 357.008 State Library duties; free book loans. The State Library shall carry out the functions prescribed in ORS 357.001 and 357.002 as follows
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(1) 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 research needs of s…
ORS 357.010 [Amended by 1955 c.41 §1; 1965 c.378 §6; 1969 c.314 §27; 1973 c.792 §12; 1975 c.476 §6; repealed by 2015 c.328 §32]
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[Repealed or reserved.]
ORS 357.015 [Formerly 357.230; 1995 c.69 §9; 2011 c.545 §44; repealed by 2015 c.328 §32]
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[Repealed or reserved.]
ORS 357.018 State Library networks. The State Library may
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(1) 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…
ORS 357.020 [Repealed by 1975 c.476 §34]
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(State Library Board)
ORS 357.021 State Library Board; members; terms. (1) The State Library Board is established, consisting of nine voting members
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(2) The Governor, after consultation with the Oregon Library Association, shall appoint seven voting members as follows: (a) Two members from two different state agencies; (b) One member representing a public library in eastern Oregon; (c) One member representing a public library…
ORS 357.023 Chairperson; quorum; meetings. (1) 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
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(2) A majority of the members of the board constitutes a quorum for the transaction of business. (3) The board shall meet at least once every three months at a place, day and hour determined by the board. The board may also meet at other times and places specified by the call of …
ORS 357.026 Board duties; rules. The State Library Board shall be the policy-making body for the State Library. The State Library Board shall
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(1) Formulate general policies for the State Library to provide the framework for library operations; (2) Adopt rules to carry out the purposes for which the State Library is established or for any other purpose authorized by law; (3) In consultation with the Oregon Library Assoc…
ORS 357.028 Rules governing State Library resources; public and state agency access. The State Library Board shall adopt rules
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(1) Defining reasonable public access to the State Library and its resources and materials. (2) Defining State Library resources, including, but not limited to, print, electronic, subscription and reference services. (3) Establishing processes and procedures related to state agen…
ORS 357.029 Certification of state agency library or library service separately maintained from State Library; rules; report to legislature. (1) 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
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(2) The State Library Board shall adopt rules relating to the certification process and review criteria. (3) The State Library Board shall report to the Legislative Assembly each January of an odd-numbered year on the list of state agency libraries or library services that fail t…
ORS 357.030 [Amended by 1953 c.300 §5; repealed by 1961 c.251 §1 (357.031 enacted in lieu of 357.030)]
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[Repealed or reserved.]
ORS 357.031 Authority of State Library Board. The State Library Board may
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(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 Compa…
ORS 357.035 Board as agency to apply for federal or private funds. 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 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; 2015 c.328 §10]
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[Repealed or reserved.]
ORS 357.040 Authority of board over real and personal property. (1) 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
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(2) The board 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 to the board by this section and ORS 357.026 and 357.195. (3) The bo…
ORS 357.046 Appointment of State Librarian; qualifications. (1) The Governor shall appoint a State Librarian subject to confirmation in the Senate in the manner provided in ORS 171.562 and 171.565
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(2) 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. [2015 c.328 §12]
ORS 357.050 Roles of State Librarian. The State Librarian shall
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(1) Serve as Secretary to the State Library Board and keep the official record of the board’s actions. (2) Be the chief administrative officer of the State Library in accordance with policies established by the board. (3) Serve on the State Reference Coordinating Council establis…
ORS 357.060 [Amended by 1969 c.706 §64e; 1975 c.476 §5; renumbered 357.007]
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[Repealed or reserved.]
ORS 357.070 [Amended by 1953 c.300 §5; repealed by 1961 c.251 §4 (357.071 enacted in lieu of 357.070)]
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[Repealed or reserved.]
ORS 357.071 Duties of State Librarian. The State Librarian shall
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(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 …
ORS 357.080 [Amended by 1953 c.300 §5; 1961 c.251 §6; 1975 c.476 §4; renumbered 357.005]
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(Public Documents)
ORS 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
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(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 p…
ORS 357.095 Designation of depository libraries. 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, geographic distribution and the ability of the library to provide the public with access to these government publications. [1995 c.69 §6; 2005 c.33 §5; 2015 c.328 §17]
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[Repealed or reserved.]
ORS 357.100 State Library responsible for receipt of and access to government publications. (1) The State Library shall be the agency responsible for receiving copies of government publications and making them available to depository libraries
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(2) The State Librarian shall periodically assess the performance of depository libraries and report the results of these assessments to the State Library Board. (3) The State Library shall ensure public access to government publications, regardless of the format of the document.…
ORS 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]
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(Subscriptions)
ORS 357.115 Subscriptions for reference-related databases; rules. (1) 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
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(2) Each state agency shall obtain the written approval of the State Librarian prior to purchasing reference-related databases or physical and digital subscription licenses. (3) The State Library Board shall adopt rules pertaining to the review and approval process described in t…
ORS 357.195 State Library Donation Fund; Talking Book and Braille Library Endowment Fund. (1) 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
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(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 o…
ORS 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 and 357.203. 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
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(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 §2…
ORS 357.203 Assessment against state agencies for operating costs of State Library and State of Oregon Law Library; State Library Assessment Account. (1) 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
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(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 …
ORS 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 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 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
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(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 refer…
ORS 357.209 Rules; contracts. 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. [1993 c.685 §2; 2003 c.582 §2; 2015 c.328 §24]
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[Repealed or reserved.]
ORS 357.210 [Amended by 1953 c.136 §4; 1963 c.49 §3; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 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. [1993 c.685 §3; 2003 c.582 §3; 2005 c.98 §2]
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LIBRARY DISTRICTS
ORS 357.216 Definitions for ORS 357.216 to 357.286. As used in ORS 357.216 to 357.286, unless the context requires otherwise
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(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.…
ORS 357.220 [Amended by 1975 c.476 §10; renumbered 357.035]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 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
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(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) …
ORS 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
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(2) Any elector residing within the district shall be qualified to serve as a district board member. [1981 c.226 §3]
ORS 357.230 [Amended by 1975 c.476 §8; renumbered 357.015]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 357.233 Election laws applicable. (1) ORS chapter 255 governs the following
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(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]
ORS 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
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(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.22…
ORS 357.240 [Amended by 1965 c.378 §7; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 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
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(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. [198…