Chapter 358 — Chapter 358
179 sections in this chapter.
ORS 358.760 [1965 c.572 §7; 1981 c.165 §6; 1983 c.324 §16; 1993 c.736 §53; 1997 c.155 §5; repealed by 2005 c.139 §3]
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[Repealed or reserved.]
ORS 358.770 [1965 c.572 §9; 1981 c.165 §7; renumbered 358.018 in 2005]
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[Repealed or reserved.]
ORS 358.810 [Formerly 357.910; 1979 c.712 §2; repealed by 1981 c.126 §6]
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LOCAL SYMPHONIES AND BANDS
ORS 358.820 Tax levy for municipal orchestras and band. Any city having a population of 250,000 or more may, when authorized as provided in ORS 358.840, levy each year a tax of not to exceed fifteen-hundredths of one mill on each dollar of assessed valuation of property subject to taxation by the city for the purpose of maintaining and employing one major symphony orchestra, one band and one junior symphony orchestra. At the election of the governing body of the city, the levy may be
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(1) Within the permanent rate limit for the city, but may not increase that limit; or (2) A local option tax described in ORS 280.040 to 280.145. [Formerly 357.920; 2005 c.94 §114]
ORS 358.830 [Formerly 357.930; repealed by 1983 c.350 §230 (358.831 enacted in lieu of 358.830)]
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[Repealed or reserved.]
ORS 358.831 Election to levy tax. (1) This section establishes the procedure for submitting to election a tax levy for any of the purposes stated in ORS 358.820. The governing body of a city
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(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) A petition filed under this section shall request submission of the tax levy to the city electors. (3) The requirements for preparing, circu…
ORS 358.840 Action upon favorable vote. If a majority of the votes cast on the proposition at the election is in favor of the proposition, the city is authorized and required to levy a tax within the amount and for the purpose or purposes authorized. [Formerly 357.950]
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[Repealed or reserved.]
ORS 358.850 Annulment of tax. The proposition of whether or not a tax levied for the purposes of ORS 358.820 shall be annulled may be submitted to the electors of the city in the same manner as provided for the levy of the tax in ORS 358.831. If a majority of the votes cast on the proposition is in favor of the proposition, no further levy for said purposes shall be made. [Formerly 357.960]
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OREGON STATE MUSEUM OF NATURAL HISTORY
ORS 358.880 Oregon State Museum of Natural History; activities; location; operation; state participation. (1) There is established an Oregon State Museum of Natural History whose activities shall include, but not be limited to
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(a) Extending and improving public access to the state-owned natural history collections now stored at the University of Oregon and any other items or collection of items which shall be acquired; (b) Educating the public regarding Oregon’s natural and archaeological history; and …
ORS 358.885 Lane County matching fund relationship. (1) In relation to the Oregon State Museum of Natural History, the Department of Transportation is authorized to enter into a relationship with Lane County based upon local matching funds and efforts being available in fact
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(2) The Department of Transportation shall, in calculating the value of funds or other local efforts to be appropriated by Lane County, consider the value of existing or future construction, facilities in place, landscaping, gardens and all improvements made or to be made by Lane…
ORS 358.900 Oregon State Maritime Museum; functions; participation by Department of Transportation. (1) Columbia River Maritime Museum, Incorporated, is designated the Oregon State Maritime Museum. The activities of the museum pertaining to its function as the Oregon State Maritime Museum may include, but are not limited to, the following
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(a) Extending and improving public access to state and privately owned maritime collections of historical, informational or technical interest and any other maritime items or collection of maritime items that may be acquired in the future; (b) Educating the public regarding Orego…
ORS 358.905 Definitions for ORS 358.905 to 358.961; interpretation. (1) As used in ORS 192.005, 192.338, 192.345, 192.355, 358.905 to 358.961 and 390.235
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(a) “Archaeological object” means an object that: (A) Is at least 75 years old; (B) Is part of the physical record of an indigenous or other culture found in the state or waters of the state; and (C) Is material remains of past human life or activity that are of archaeological si…
ORS 358.910 Policy. The Legislative Assembly hereby declares that
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(1) Archaeological sites are acknowledged to be a finite, irreplaceable and nonrenewable cultural resource, and are an intrinsic part of the cultural heritage of the people of Oregon. As such, archaeological sites and their contents located on public land are under the stewardshi…
ORS 358.915 Application. The provisions of ORS 192.005, 192.338, 192.345, 192.355, 273.990, 358.905 to 358.961 and 390.235 do not apply to a person who unintentionally discovers an archaeological object that has been exposed by the forces of nature on private property and retains the object for personal use, except for sacred objects, human remains, funerary objects or objects of cultural patrimony. [1983 c.620 §15; 1993 c.459 §3; 2017 c.242 §1]
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[Repealed or reserved.]
ORS 358.920 Prohibited conduct; exception; penalty. (1)(a) A person may not excavate, injure, destroy or alter an archaeological site or object or remove an archaeological object located on public or private lands in Oregon unless that activity is authorized by a permit issued under ORS 390.235
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(b) Collection of an arrowhead from the surface of public or private land is permitted if collection can be accomplished without the use of any tool. (c) It is prima facie evidence of a violation of this section if: (A) A person possesses the objects described in paragraph (a) of…
ORS 358.923 When collection may be held notwithstanding ORS 358.920 (3) and (4). Notwithstanding the provisions of ORS 358.920 (3) and (4), any collection of objects described in those subsections may be held if the collection
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(1) Is kept within this state; (2) Is curated under customary museum standards; and (3) Is available for nondestructive study by museums and educational institutions located in this state. [1993 c.459 §16] Note: 358.923 was enacted into law by the Legislative Assembly but was not…
ORS 358.924 Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects. (1) Archaeological objects, funerary objects, human remains, sacred objects and objects of cultural patrimony that are held in violation of the provisions of ORS 358.920 or 390.235 are contraband. A police officer shall seize all items declared to be contraband under the provisions of this section if the police officer has reasonable cause to believe the items are held in violation of the provisions of ORS 358.920 or 390.235
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(2) A law enforcement agency employing a police officer who seizes contraband items under this section shall give notice of the seizure to the district attorney for the county in which the items are seized and the Commission on Indian Services. The district attorney shall promptl…
ORS 358.925 Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure. (1) Violation of ORS 358.920 or 390.235 is prohibited conduct for the purposes of ORS chapter 131A. Proceeds and instrumentalities of a violation of ORS 358.920 or 390.235 may be seized and forfeited in the manner provided by ORS chapter 131A. An action for civil forfeiture under this section may be commenced by the Attorney General or by the district attorney for the county in which any of the property is seized
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(2) Property subject to forfeiture under this section may be seized by a police officer upon court process. Seizure without process may be made if: (a) The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant; or (b) The pro…
ORS 358.928 Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure. (1) All instrumentalities or proceeds from the violation of the provisions of ORS 358.920 to 358.955 or 390.235 are subject to civil forfeiture to the appropriate Indian tribe, as designated by the Commission on Indian Services. All forfeitures under this section shall be made with due provision for the rights of innocent persons
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(2) Property subject to forfeiture under this section may be seized by a police officer upon court process. Seizure without process may be made if: (a) The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant; or (b) The pro…
ORS 358.930 [1983 c.620 §5; 1993 c.459 §6; repealed by 2001 c.739 §10]
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[Repealed or reserved.]
ORS 358.935 Forfeiture of seized objects in criminal prosecution. Any instrumentality or proceeds seized under the provisions of ORS 358.925 shall be preserved and retained. If any instrumentality or proceeds are not forfeited under ORS 358.925 or 358.928, at the time the court sentences the defendant in the criminal prosecution for violation of the archaeology laws the court may order that any instrumentality or proceeds from a violation of ORS 358.920 or 390.235 be forfeited. [1983 c.620 §6; 1995 c.543 §9; 1999 c.1051 §269; 2001 c.104 §123; 2001 c.739 §5]
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[Repealed or reserved.]
ORS 358.937 Declination to prosecute certain violations; notice required; authority of Attorney General to prosecute; requirement to provide investigatory reports to Commission on Indian Services. (1)(a) If a district attorney of a county declines to prosecute a violation of ORS 358.920 or 390.235 for a reason other than insufficient admissible evidence, within 30 days of the declination the district attorney shall give written notice of the declination to the Attorney General. The notice must contain the reasons underlying the declination to prosecute. Upon receipt of the notice, the Attorney General may take full charge of any investigation of, or prosecution for, conduct in violation of ORS 358.920 or 390.235
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(b) The Attorney General may require the aid and assistance of the district attorney in all matters pertaining to any investigation or prosecution authorized under this section and to the duties of the Attorney General in the county in which the district attorney holds office. (2…
ORS 358.940 Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services. (1) A person who disturbs native Indian remains or a funerary object at or associated with an archaeological site shall reinter at the person’s expense those remains or funerary objects under the supervision of an Indian tribe as provided in ORS 97.750
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(2) Any native Indian sacred object, object of cultural patrimony or native Indian funerary object shall be reported to the appropriate Indian tribe and the Commission on Indian Services. The appropriate Indian tribe, with the assistance of the State Historic Preservation Officer…
ORS 358.945 Notice required upon finding of object; exception. (1) If a person who is conducting an archaeological investigation on public lands according to the provisions of ORS 390.235 or on private land with the owner’s written permission finds a sacred object or object of cultural patrimony, the person conducting the archaeological investigation shall notify in writing
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(a) The State Historic Preservation Officer; and (b) The appropriate ethnic group, religious group or Indian tribe with which the object is associated. (2) If a sacred object or object of cultural patrimony is recovered on any land, the State Historic Preservation Officer shall a…
ORS 358.950 When notice to Indian tribe required; report; penalty. (1) Any person who conducts an archaeological excavation associated with a prehistoric or historic American Indian archaeological site shall notify the most appropriate Indian tribe. The notification shall include, but not be limited to
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(a) The location and schedule of the forthcoming excavation; (b) A description of the nature of the investigation; and (c) The expected results of the investigation. (2) After notifying the appropriate Indian tribe under subsection (1) of this section, the person conducting the a…
ORS 358.953 Compensation to property owner deprived of lawful use of property; expense of removal. (1) Under the provisions of ORS 358.905 to 358.961, if a property owner is deprived of an otherwise lawful use of private property, the state shall compensate the property owner for the loss in value under the procedures set forth in ORS chapter 35
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(2) Notwithstanding any other provision of law, if human remains, funerary objects, sacred objects or objects of cultural patrimony are removed from private property at a tribe’s request, the tribe shall pay the expenses of removal and, at its expense, restore the private propert…
ORS 358.955 Civil enforcement. (1) Any person or the Attorney General, on behalf of the state, may institute a civil proceeding against a person who violates the provisions of ORS 358.920, 358.945, 358.950 or 390.235. In the proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief in other civil cases, except that a showing of special or irreparable damage to the person is not required. Upon the execution of the proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order or a preliminary injunction may be issued in any such action before a final determination on the merits
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(2) In any proceeding brought under this section, the court may allow the prevailing party to recover costs, expert witness fees, and reasonable attorney fees at trial and upon appeal. Any moneys recovered by the Attorney General under this subsection shall be deposited in the fu…
ORS 358.958 Remedies not precluded. The application of one civil remedy under any provision of ORS 358.905 to 358.961 does not preclude the application of any other remedy under ORS 358.905 to 358.961 or under any other provision of statutory or common law. [2001 c.739 §8]
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[Repealed or reserved.]
ORS 358.961 Time limitations on actions or proceedings; tolling of statute. Notwithstanding any other provision of law, a criminal or civil action or proceeding for a violation of ORS 358.920 to 358.955 and 390.235 may be commenced at any time within five years after the conduct in violation of a provision of ORS 358.920 to 358.955 and 390.235 terminates or the cause of action accrues. If a criminal prosecution, civil action or other proceeding is brought to punish, prevent or restrain any violation of the provisions of ORS 358.920 to 358.955 or 390.235, the running of the period of limitations prescribed by this section with respect to any cause of action arising under ORS 358.955 that is based in whole or in part upon any matter complained of in any such prosecution, action or proceeding shall be suspended during the pendency of such prosecution, action or proceeding and for two years following its termination. [2001 c.739 §9]
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