Title 30, Education and Culture

(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 wi…

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 o…

(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 Gen…

(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. (2) Any native Indian sacr…

(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 inve…

(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: (a) The location and schedule of the forth…

(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. (2) Notwithstanding any other …

(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 …

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]

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…

As used in ORS 359.010 to 359.142, unless the context requires otherwise: (1) “Arts” includes, but is not limited to: (a) Instrumental and vocal music; (b) Dance, drama and folk art; (c) Creative writing and poetry; (d) Architecture and landscaping design and the fields allied to…

(1) The Oregon Arts Commission is created as a policy-making and advisory body within the Oregon Business Development Department. The commission shall consist of nine members appointed by the Governor. The term of a member is four years, and the member shall serve until a success…

(1) The Oregon Arts Commission shall perform the following duties: (a) Serve as a body to advise governmental bodies and agencies and private persons on the development and implementation of state policies and programs relating to the arts, heritage, historic preservation, humani…

The objectives of the Arts Program of the Oregon Business Development Department are: (1) To complement, assist and strengthen existing or planned programs and activities of public and private associations in the arts to promote the broadest statewide public benefit, while mainta…

To carry out its objectives the Arts Program of the Oregon Business Development Department shall: (1) Develop programs and plans: (a) To encourage broad public participation in, and understanding of, programs in the arts. (b) To encourage public interest in conserving and underst…

(1) In performing its duties, the Arts Program of the Oregon Business Development Department, within the limits of available funds, may: (a) Conduct hearings and conferences to develop facts, to explain programs and activities, and to obtain advice. (b) Enter into agreements with…

(1) The Arts Program is established as an administrative section within the Oregon Business Development Department. The program is subject to the supervision of the Administrator of the Arts Program. The program shall consist of the administrator and all personnel employed in the…

(1) The Arts Program of the Oregon Business Development Department shall prepare and study plans for participation of public agencies and associations in federal government programs for the support and encouragement of the arts. (2) The program may apply for and accept grants or …

(1) The Arts Program of the Oregon Business Development Department may solicit and accept gifts, bequests or devises of money, securities or other property of whatever character to carry out the purposes of ORS 359.010 to 359.142. A restricted gift, bequest or devise shall not be…

There hereby is established an account separate and distinct from the General Fund to be known as the Arts Trust Account. Except for moneys received for the purposes of the Trust for Cultural Development Account, all moneys received by the Arts Program of the Oregon Business Deve…

(1) The Arts Program of the Oregon Business Development Department shall not direct, supervise or control the policy, programs, personnel, curriculum or administration of any public or private agency, school, association or entity having to do with the arts. (2) Nothing in ORS 35…

(1) The Director of the Oregon Business Development Department, upon consultation with and the approval of the Oregon Arts Commission, shall appoint the Administrator of the Arts Program who shall serve at the pleasure of the director. (2) The administrator shall receive such sal…

The Arts Program of the Oregon Business Development Department shall employ, in accordance with the State Personnel Relations Law, the staff necessary to allow the program to carry out the provisions of ORS 359.010 to 359.142. [1993 c.209 §3]

The Director of the Oregon Business Development Department, in accordance with ORS chapter 183, may adopt such rules for the operation of the Arts Program as the director determines necessary or convenient for the program to perform its duties and functions. [1993 c.209 §4]

As used in ORS 359.200 to 359.255: (1) “Art dealer” means an individual, partnership, firm, association or corporation, other than a public auctioneer, that undertakes to sell a work of fine art created by another. (2) “Artist” means the creator of a work of fine art or, if the a…

(1) Notwithstanding any custom, practice or usage of the trade to the contrary, whenever a consignor delivers or causes to be delivered a work of fine art to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee or other basis of compens…

(1) A consignment of a work of fine art has the following effect: (a) The consignee, after the delivery of fine art, is the agent of the consignor for the purpose of the exhibition or sale, or both, of the work of fine art within this state. (b) The work of fine art, or the consi…

A consignment of a work of fine art does not convey title to or create an estate in the work or grant a right to possession superior to that of the consignor notwithstanding the power or authority of the consignee to transfer or convey to a third person all of the right, title an…

An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from a consignor only if, prior to or at the time of acceptance, the art dealer enters into a written contract with the consignor establishing: (1) The retail value of th…

The proceeds from a sale of a work of fine art on consignment shall be paid to the consignor within 30 days of receipt by the consignee unless the consignor expressly agrees otherwise in writing. If the sale of the work of fine art is on installment, the funds from the installmen…

Any provision of a contract or agreement pursuant to which the consignor waives any of the provisions of ORS 359.200 to 359.255 is void. [1981 c.410 §7; 2011 c.230 §5]

(1) Nothing in ORS 359.200 to 359.255 is intended to affect any written or oral contract or agreement in existence prior to November 1, 1981, unless the parties agree by mutual written consent that ORS 359.200 to 359.255 apply or the contract is extended or renewed after November…

(1) It is unlawful for a consignee willfully and knowingly to secrete, withhold or appropriate a work of fine art or the proceeds from the sale of a work of fine art for the consignee’s own use or the use of any person other than the consignor, except pursuant to a bona fide sale…

(1) An art dealer who violates ORS 359.220 is liable to the consignor for $100 plus actual damages, including incidental damages sustained as a result of the violation. (2) If an art dealer violates ORS 359.220, the consignor’s obligation for compensation to the art dealer is voi…

In any action under any provision of ORS 359.200 to 359.255, the court may award reasonable attorney fees and costs to the prevailing party. [1985 c.830 §8] (Fine Print Disclosure Statements)

As used in ORS 359.300 to 359.315: (1) “Artist” means the person who conceived or created or conceived and created the master image for, or which served as a model for, the print. (2) “Fine print” includes, but is not limited to, an engraving, etching, woodcut, lithograph, monopr…

(1) No person, engaged in the business of selling fine prints, shall sell a fine print, at wholesale or at retail, unless the person furnishes the purchaser a certificate or a written invoice or receipt for the purchase price which clearly and conspicuously discloses and warrants…

The following information about a fine print shall be furnished as provided in ORS 359.305: (1) The name of the artist and the year when printed. (2) Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so: (a) The authorized maximum numbe…

(1) A person who offers or sells a fine print in violation of ORS 359.300 to 359.315 shall be liable to the person purchasing such fine print. The purchaser may recover the consideration paid for such print, with interest at the legal rate upon the tender of the print. (2) In any…

As used in ORS 359.350 to 359.365: (1) “Artist” means the creator of a work of fine art. (2) “Fine art” means a painting, sculpture, drawing, photograph, craft work, fiber art or work of graphic art. (3) “Fine print” includes, but is not limited to, an engraving, etching, woodcut…

(1) Whenever a work of fine art is sold or otherwise transferred by or on behalf of the artist who created it, or the heirs or personal representatives thereof, the right of reproduction thereof is reserved to the grantor until the right passes into the public domain pursuant to …

Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of or publicly display a work of fine art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, ownership of…

Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of or publicly display a work of fine art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, any ambiguit…

As used in ORS 359.400 to 359.444: (1) “Community Cultural Participation Grant Program” means the program created by ORS 359.436. (2) “Core partner agencies” means the Oregon Arts Commission, the Oregon Council for the Humanities, the Oregon Heritage Commission, the Oregon Histor…

(1) The Trust for Cultural Development Account is established in the State Treasury, separate and distinct from the General Fund. Investment earnings, interest and other income earned by the Trust for Cultural Development Account shall be credited to the account. The primary purp…

(1) Notwithstanding ORS 359.405, moneys transferred to the Trust for Cultural Development Account pursuant to ORS 805.261 may be used for marketing and promotional costs to increase the amount of moneys in the Trust for Cultural Development Account. (2) Amounts used for marketing…

(1) There is established a Trust for Cultural Development Board consisting of 11 members appointed by the Governor. The membership of the board must reflect the geographical and cultural diversity of this state. Each member must have a background that demonstrates a commitment to…

(1) A majority of the members of the Trust for Cultural Development Board constitutes a quorum for the transaction of business. (2) The board shall meet at least once every three months at a place, day and hour determined by the chairperson. The board also shall meet at other tim…

(1) The Trust for Cultural Development Board shall oversee management of the Trust for Cultural Development Account and shall provide direction to the Administrator of the Arts Program for the coordination, administration and evaluation of the Cultural Development Grant Program, …

The Administrator of the Arts Program shall provide staff support to the Trust for Cultural Development Board. Under the direction of the board, the administrator shall: (1) Coordinate grant management; (2) Provide Trust for Cultural Development Account management and accounting;…