ORS Chapter 359
Chapter 359 — Artand Culture
2009 EDITION
ARTAND CULTURE
EDUCATIONAND CULTURE
ARTSCOMMISSION; ARTS PROGRAM
359.010 Definitionsfor ORS 359.010 to 359.137
359.020 OregonArts Commission; members; term; qualifications; vacancy; term limit; officers;quorum; compensation and expenses
359.025 Commissionduties; Trust for Cultural Development Account
359.030 Objectivesof Arts Program
359.040 Dutiesof Arts Program
359.050 Powersof Arts Program
359.065 ArtsProgram established
359.100 Grantsand services from public and private sources
359.110 Gifts;Arts Program as custodian
359.120 ArtsTrust Account
359.130 Powersnot granted or transferred
359.135 Administrator;appointment; salary; duties
359.137 Staff
359.142 Rules
ARTTRANSACTIONS
(Consignments)
359.200 Definitionsfor ORS 359.200 to 359.255
359.205 Deliveryof art work to dealer as consignment; exception for direct sale work as trustproperty
359.210 Effectof treating art work delivery as consignment; name of purchaser to be suppliedon demand; remedy
359.215 Consignmentdoes not create rights in art dealer greater than those of artist
359.220 Artistand art dealer to execute consignment contract; contents; consent to display
359.225 Paymentof sale proceeds of consigned work; funds due artist not subject to claims ofdealer’s creditors
359.230 Contractprovision waiving protections for artist is void
359.235 ORS359.200 to 359.240 not to affect prior transactions; effect of UniformCommercial Code
359.240 Artdealer prohibited from diverting sale proceeds; penalty
359.250 Liabilityof art dealer for violation of ORS 359.220
359.255 Attorneyfees
(FinePrint Disclosure Statements)
359.300 Definitionsfor ORS 359.300 to 359.315
359.305 Disclosurestatements required; disclaimer; exception for reproduction
359.310 Contentsof disclosure statement
359.315 Liabilityfor failure to disclose; treble damages
(ArtWork Reproduction Rights)
359.350 Definitionsfor ORS 359.350 to 359.365
359.355 Artwork reproduction rights retained by artist unless expressly transferred;effect of federal copyright laws
359.360 Ownershipof physical work of art remains with artist unless expressly transferred
359.365 Ambiguityin agreement transferring right to reproduce art work resolved in favor ofartist
TRUSTFOR CULTURAL DEVELOPMENT
(Generally)
359.400 Definitionsfor ORS 359.400 to 359.444
359.405 Trustfor Cultural Development Account
(Trustfor Cultural Development Board)
359.410 Boardestablished; membership; chairperson
359.413 Boardquorum; meetings
359.416 Boardduties; rules
359.421 Boardstaff; staff duties
(Disbursementof Trust Account)
359.426 Percentagethat may be disbursed; allowable uses
359.431 CulturalDevelopment Grant Program; grant uses; priorities; matching funds
359.436 CommunityCultural Participation Grant Program; local cultural plans
359.441 Corepartner agencies disbursement
359.444 Allowableuses of funds by core partner agencies
ARTSCOMMISSION; ARTS PROGRAM
359.010Definitions for ORS 359.010 to 359.137. As used in ORS 359.010 to 359.137,unless the context requires otherwise:
(1)“Administrator” means the Administrator of the Arts Program of the OregonBusiness Development Department.
(2)“Arts” includes, but is not limited to, instrumental and vocal music; dance,drama, folk art, creative writing and poetry; architecture and landscapingdesign and the fields allied to them; painting, sculpture, photography; graphicand craft arts; industrial design; costume and fashion design; motion pictures,television, radio; tape and sound recording; the history, criticism, theory andpractice of the arts; and the arts related to the presentation, performance,execution and exhibition of such art forms.
(3)“Association” means a nonprofit, private, incorporated or unincorporatedinstitution, foundation, museum, organization, society or group, whether local,state, regional or national, that is operating, or doing business, in Oregon.
(4)“Commission” means the Oregon Arts Commission.
(5)“Department” means the Oregon Business Development Department.
(6)“Director” means the Director of the Oregon Business Development Department.
(7)“Program” means the Arts Program of the Oregon Business Development Department.
(8)“Local agencies” includes cities, counties and other public corporations andtheir officers, boards and commissions.
(9)“Public agencies” means state agencies and local agencies.
(10)“Private corporation” means a corporation organized for profit and authorizedto do business in this state.
(11)“State agencies” includes state officers, departments, boards and commissions. [1967c.321 §1; 1993 c.209 §5]
359.020Oregon Arts Commission; members; term; qualifications; vacancy; term limit;officers; quorum; compensation and expenses. (1) The Oregon Arts Commissionis created as a policy-making and advisory body within the Oregon BusinessDevelopment Department. The commission shall consist of nine members appointedby the Governor. The term of a member is four years, and the member shall serveuntil a successor is appointed and qualifies.
(2)Persons appointed members of the commission shall be citizens of Oregon wellqualified by experience to make policy and recommendations in areas of concernto the Arts Program of the Oregon Business Development Department and otherwiseto perform the duties of the office.
(3)In case of a vacancy on the commission for any cause, the Governor shallappoint a successor to serve for the unexpired term.
(4)A member of the commission may be appointed to serve two consecutive terms. Amember who serves two consecutive terms shall not be eligible for reappointmentwithin one year following the expiration of the second term.
(5)A member of the commission is entitled to compensation and expenses as providedin ORS 292.495.
(6)The commission shall select one of its members to chair the commission for suchterm and with duties and powers necessary to perform the functions of theoffice as the commission determines.
(7)A majority of the members of the commission constitutes a quorum for thetransaction of business. [1967 c.321 §2; 1969 c.314 §28; 1979 c.729 §1; 1985c.491 §1; 1993 c.209 §6]
359.025Commission duties; Trust for Cultural Development Account. (1) The OregonArts Commission shall perform the following duties:
(a)Serve as a body to advise governmental bodies and agencies and private personson the development and implementation of state policies and programs relatingto the arts, heritage, historic preservation, humanities and culture, and toassist in the coordination of these activities.
(b)Advise the Governor, the Director of the Oregon Business Development Departmentand the Oregon Business Development Commission on all matters relating to thearts that pertain to the powers, duties and functions of the Arts Program ofthe Oregon Business Development Department.
(c)Develop a recommended biennial budget for the operation of the Arts Programthat will be submitted to the director and the Governor.
(d)Seek and receive the views of all levels of government and the private sectorwith respect to state programs and policies for the promotion and assistance ofthe arts.
(e)Prepare and submit suggested administrative rules to the director that theOregon Arts Commission determines are necessary for the operation of theprograms of the Arts Program.
(f)Establish policy and procedures for grant programs administered by the ArtsProgram.
(2)(a)In addition to the duties imposed by subsection (1) of this section, the OregonArts Commission shall establish policies and provide management and operationalstaff support for the Trust for Cultural Development Board.
(b)Notwithstanding paragraph (a) of this subsection, the Trust for CulturalDevelopment Board shall make any decisions relating to the investment anddisbursement of moneys in the Trust for Cultural Development Account. [1993c.209 §7; 1995 c.79 §200; 2003 c.713 §1]
359.030Objectives of Arts Program. The objectives of the Arts Program of the OregonBusiness Development Department are:
(1)To complement, assist and strengthen existing or planned programs andactivities of public and private associations in the arts to promote thebroadest public benefit, while maintaining high artistic and scholarlystandards.
(2)To encourage and give greater opportunities and recognition to individualOregon artists whose work is, or gives promise of being, of high quality.
(3)To stimulate and encourage private and local initiative and financial supportin connection with programs and activities in the arts. [1967 c.321 §7; 1993c.209 §8]
359.040Duties of Arts Program. To carry out its objectives the Arts Program of theOregon Business Development Department shall:
(1)Develop programs and plans:
(a)To encourage broad public participation in, and understanding of, programs inthe arts.
(b)To encourage public interest in conserving and understanding the cultural andartistic heritage of the state and of its people.
(c)To encourage increased recognition of the contributions of the arts to therichness of community life and to the development of the individual.
(d)To assist communities within the state in establishing or conserving localcultural, historical and artistic programs.
(e)To stimulate and encourage throughout the state the presentation, enjoyment andstudy of the arts among the youth and elderly people.
(f)To encourage and facilitate, where feasible, wider circulation throughout thestate of noteworthy programs, productions, exhibitions and performances whichdemonstrate the artistic and cultural resources and accomplishments of thepeople of Oregon.
(g)To encourage and facilitate, where feasible, programs, productions, exhibitionsand performances in Oregon of outstanding works of art and artistic talent inthe fields of the arts, which may be brought from outside the state.
(2)Develop, maintain and make available to the public, information concerning:
(a)The cultural and artistic resources and activities within the state.
(b)The organizations and groups conducting, supporting or fostering programs andactivities involving the employment, conservation and presentation of suchresources.
(3)Advise and assist upon request and within the limits of the funds available:
(a)The Governor and other state officers, public agencies, the legislature,communities of the state and the public concerning the development, housing,presentation and conservation of the artistic and cultural resources within thestate.
(b)State agencies concerning the acceptance and disposition of gifts of art to thestate.
(4)Develop an honors program in the arts, which includes the means for recognizingdistinguished artists and other Oregon citizens whose creative works or effortor whose services of philanthropy on behalf of the arts are such as to meritthe official appreciation of the people of Oregon.
(5)Manage the Trust for Cultural Development Account established by ORS 359.405. [1967c.321 §8; 1993 c.209 §9; 2003 c.713 §2]
359.050Powers of Arts Program. (1) In performing its duties, the Arts Program ofthe Oregon Business Development Department, within the limits of availablefunds, may:
(a)Conduct hearings and conferences to develop facts, to explain programs andactivities, and to obtain advice.
(b)Enter into agreements with other public agencies and with associations andindividuals for services that will assist the Oregon Arts Commission or theTrust for Cultural Development Board.
(c)Enter into agreements with other public agencies of Oregon or with agencies ofother states or the federal government, and with private corporations,associations and individuals in Oregon or other states for cooperativeendeavors which further the objectives and programs of the commission.
(d)Make grants to local agencies, to associations or to individuals for thedevelopment and conservation of programs in the arts, such grants to be made inaccordance with policies and procedures adopted by the commission.
(2)In carrying out the purposes of ORS 359.010 to 359.137, the Arts Program, inaddition to the other powers granted:
(a)Shall as needed appoint committees, consultants, artists and other personsexpert in subjects of concern to the program to advise and assist thecommission.
(b)May obtain from any state agency necessary assistance and data.
(c)May perform other acts necessary to carry out its duties. [1967 c.321 §9; 1993c.209 §10; 2003 c.713 §3]
359.060 [1967 c.321 §4;repealed by 1993 c.209 §22]
359.065Arts Program established. (1) The Arts Program is established as an administrativesection within the Oregon Business Development Department. The program issubject to the supervision of the Administrator of the Arts Program. Theprogram shall consist of the administrator and all personnel employed in theprogram.
(2)The program shall provide the Oregon Arts Commission with staff and otherassistance as necessary for the commission to perform its duties. [1993 c.209 §1;1993 c.736 §76]
359.070 [1967 c.321 §5;repealed by 1993 c.209 §22]
359.080 [1967 c.321 §6;repealed by 1993 c.209 §22]
359.090 [1967 c.321 §13;repealed by 1975 c.605 §33]
359.095 [1975 c.53 §4;repealed by 1979 c.729 §3]