Chapter
713
AN ACT
SB 931
Relating to culture; creating new provisions; amending ORS 359.025, 359.040, 359.050, 359.120, 359.400, 359.405, 359.410, 359.416, 359.421, 359.426, 359.431, 359.436 and 359.441 and section 13, chapter 954, Oregon Laws 2001, and section 10, chapter 12, Oregon Laws 2003 (Enrolled Senate Bill 859); limiting expenditures; and declaring an emergency.
Whereas the Oregon Arts Commission and the Oregon Cultural Trust recognize the current budget shortfalls faced by the State of Oregon and have collaborated to combine staff and administrative functions to reduce overhead and gain efficiencies; and
Whereas culture is the distillation of those things that identify us as people, including our shared and individual sense of heritage, history, place, creativity and art, traditions and customs; and
Whereas participating in cultural activities can be an alternative to destructive behavior and a healing force; and
Whereas a state with a vibrant arts and cultural life attracts and retains educated people and progressive businesses; and
Whereas it is critical to preserve the cultural assets in our local communities, including Native American culture and traditions, performing arts centers and programs, historic buildings, museums and their exhibits and historic trails; and
Whereas the Oregon Cultural Trust stimulates private sector giving to our cultural assets and therefore has a distinct mission; and
Whereas it is the intention of the Legislative Assembly to maintain the current mission of both agencies while finding administrative efficiencies; now, therefore,
Be It Enacted by the People of the State of
SECTION 1. ORS 359.025 is amended to read:
359.025. (1) The Oregon Arts Commission shall perform the following duties:
[(1)] (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, humanities and culture, and to assist in the coordination of these activities.
[(2)] (b) Advise the Governor, the Director of the Economic and Community Development Department and the Oregon Economic and Community Development Commission on all matters relating to the arts that pertain to the powers, duties and functions of the Arts Program of the Economic and Community Development Department.
[(3)] (c) Develop a recommended biennial budget for the operation of the Arts Program that will be submitted to the director and the Governor.
[(4)] (d) Seek and receive the views of all levels of government and the private sector with respect to state programs and policies for the promotion and assistance of the arts.
[(5)] (e) Prepare and submit suggested administrative rules to the director that the Oregon Arts Commission determines are necessary for the operation of the programs of the Arts Program.
[(6)] (f) Establish policy and procedures for grant programs administered by the Arts Program.
(2)(a)
In addition to the duties imposed by subsection (1) of this section, the
(b) Notwithstanding paragraph (a) of this subsection, the Trust for Cultural Development Board shall make any decisions relating to the investment and disbursement of moneys in the Trust for Cultural Development Account.
SECTION 2. ORS 359.040 is amended to read:
359.040. To carry out its objectives the Arts Program of the Economic and Community 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 understanding the cultural and artistic heritage of the state and of its people.
(c) To encourage increased recognition of the contributions of the arts to the richness of community life and to the development of the individual.
(d) To assist communities within the state in establishing or conserving local cultural, historical and artistic programs.
(e) To stimulate and encourage throughout the state the presentation, enjoyment and study of the arts among the youth and elderly people.
(f) To encourage and facilitate, where
feasible, wider circulation throughout the state of noteworthy programs,
productions, exhibitions and performances which demonstrate the artistic and
cultural resources and accomplishments of the people of
(g) To encourage and facilitate, where feasible, programs, productions, exhibitions and performances in Oregon of outstanding works of art and artistic talent in the 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 and activities involving the employment, conservation and presentation of such resources.
(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 the state.
(b) State agencies concerning the acceptance and disposition of gifts of art to the state.
(4) Develop an honors program in the
arts, which includes the means for recognizing distinguished artists and other
(5) Manage the Trust for Cultural Development Account established by ORS 359.405.
SECTION 3. ORS 359.050 is amended to read:
359.050. (1) In performing its duties, the Arts Program of the Economic and Community 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 other public agencies and with associations and individuals for services [which] that will assist the Oregon Arts Commission or the Trust for Cultural Development Board.
(c) Enter into agreements with other public agencies of Oregon or with agencies of other states or the federal government, and with private corporations, associations and individuals in Oregon or other states for cooperative endeavors which further the objectives and programs of the commission.
(d) Make grants to local agencies, to associations or to individuals for the development and conservation of programs in the arts, such grants to be made in accordance with policies and procedures adopted by the commission.
(2) In carrying out the purposes of ORS 359.010 to 359.137, the Arts Program, in addition to the other powers granted:
(a) Shall as needed appoint committees, consultants, artists and other persons expert in subjects of concern to the program to advise and assist the commission.
(b) May obtain from any state agency necessary assistance and data.
(c) May perform other acts necessary to carry out its duties.
SECTION 4. ORS 359.120 is amended to read:
359.120. There hereby is established in the General Fund of the State Treasury an account to be known as the Arts Trust Account. Except for moneys received for the purposes of the Trust for Cultural Development Account, all [money] moneys received by the Arts Program of the Economic and Community Development Department pursuant to ORS 359.100 and 359.110 shall be paid into the State Treasury and credited to the Arts Trust Account. All moneys in [such] the Arts Trust Account [hereby] are appropriated continuously for and shall be used by the program in carrying out the purposes for which the funds were received.
SECTION 5. ORS 359.400 is amended to read:
359.400. 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 Historical Society and the State Historic Preservation Officer.
(3) “Cultural Development Grant Program” means the program created by ORS 359.431.
(4) “Cultural organization” means:
(a) An entity that is:
[(a)] (A) Exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code; and
[(b)] (B) Organized primarily for the purpose of producing, promoting or presenting the arts, heritage[, programs] and humanities to the public or organized primarily for identifying, documenting, interpreting and preserving cultural resources.
(b) A federally recognized Indian tribe.
(5) “Trust for Cultural Development Account” means the account established by ORS 359.405.
SECTION 6. ORS 359.405 is added to and made a part of ORS 359.400 to 359.444.
SECTION 7. ORS 359.405 is amended to read:
359.405. (1) The Trust for Cultural Development Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Trust for Cultural Development Account shall be credited to the account. The primary purpose of the account is to serve as a repository for both public and private moneys designated to fund specific arts, heritage and humanities programs.
(2) All moneys in the Trust for Cultural Development Account are appropriated continuously to the [Secretary of State] Economic and Community Development Department for the Arts Program for the purposes of ORS 359.400 to 359.444.
SECTION 8. ORS 359.410 is amended to read:
359.410. (1) There is established a Trust for Cultural Development Board consisting of seven members appointed by the Governor. The membership of the board shall reflect the geographical and cultural diversity of this state. Each member shall have a background that demonstrates a commitment to Oregon’s culture. [In addition to the members appointed by the Governor, the Secretary of State shall be a member of the board and shall be the chairperson of the board.]
(2) The Speaker of the House of Representatives and the President of the Senate shall each appoint a member of the Legislative Assembly who shall be a nonvoting advisory member of the board.
(3) The term of office of each appointed member is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on November 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.
(4) The appointment of board members by the Governor is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(5) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.
(6) The board shall elect one of its voting members as chairperson and another as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the board determines.
SECTION 9. ORS 359.416 is amended to read:
359.416. (1) The Trust for Cultural Development Board shall oversee management of the Trust for Cultural Development Account and shall provide direction to the [office of the Secretary of State] Administrator of the Arts Program for the coordination, administration and evaluation of the Cultural Development Grant Program, the Community Cultural Participation Grant Program and the use of funds received by core partner agencies under ORS 359.441.
(2) In accordance with applicable provisions of ORS 183.310 to 183.550, the board may adopt rules necessary for the administration of ORS 359.400 to 359.444.
SECTION 10. ORS 359.421 is amended to read:
359.421. The [office of the Secretary of State] Administrator of the Arts Program shall provide staff support to the Trust for Cultural Development Board. Under the direction of the board, [this staff] the administrator shall:
(1) Coordinate grant management;
(2) Provide Trust for Cultural Development Account management and accounting;
(3) Work with cultural agencies and their constituents to communicate with and educate the public on the role culture plays in the lives of citizens and communities; and
(4) Evaluate the Cultural Development Grant Program, the Community Cultural Participation Grant Program and the use of funds received under section 13, chapter 954, Oregon Laws 2001, by core partner agencies.
SECTION 11. ORS 359.426 is amended to read:
359.426. (1) Under the direction of the Trust for Cultural Development Board, the [office of the Secretary of State] Arts Program shall disburse each fiscal year up to 42 percent of the amount in the Trust for Cultural Development Account on July 1.
(2) The [office of the Secretary of State] Arts Program may use up to 7.5 percent of any amount disbursed from the account under subsection (1) of this section for:
(a) Supporting the operations of the account;
(b) Facilitating technical assistance;
(c) Local cultural planning; and
(d) Other activities that encourage cultural activity.
(3) At least 92.5 percent of any amount disbursed from the account under subsection (1) of this section shall be distributed as follows:
(a) One-third to the preservation of, stabilization of and investment in Oregon’s cultural resources through the Cultural Development Grant Program as provided under ORS 359.431.
(b) One-third to Oregon’s counties and to the nine federally recognized Indian tribes through the Community Cultural Participation Grant Program as provided under ORS 359.436.
(c) One-third to the core partner agencies as provided under ORS 359.441.
SECTION 12. ORS 359.431 is amended to read:
359.431. (1) There is created the Cultural Development Grant Program to be administered by the [office of the Secretary of State] Administrator of the Arts Program under the direction of the Trust for Cultural Development Board. The purpose of the program is to provide preservation of, stabilization of and investment in Oregon’s cultural resources. The [office of the Secretary of State] Arts Program under the direction of the Trust for Cultural Development Board shall make Cultural Development Grants to cultural organizations through a request for proposal process.
(2) The grants may be used:
(a) To address significant opportunities to advance, preserve or stabilize cultural resources; and
(b) To invest in the development of new cultural resources.
(3) The [office of the Secretary of State] Trust for Cultural Development Board shall give priority when awarding grants to:
(a) Proposals that have a broad cultural impact beyond the applicant itself.
(b) Proposals from applicants that have culture as a priority within the mission of the applicant.
(4) Applicants that receive a grant under this section shall be required to match the grant amount in an amount as determined by the board.
SECTION 13. ORS 359.436 is amended to read:
359.436. (1) There is created the Community Cultural Participation Grant Program to be administered by the [office of the Secretary of State] Administrator of the Arts Program under the direction of the Trust for Cultural Development Board. The purpose of the program is to provide funds to counties and federally recognized Indian tribes for local cultural activities. The [office of the Secretary of State] Arts Program under the direction of the board shall make Community Cultural Participation Grants to counties and tribes.
(2) The board shall develop guidelines for local cultural plans.
(3) A local cultural plan shall:
(a) Identify priorities and specific strategies for building public cultural participation across cultural disciplines and organizations. The strategies may include the involvement of partners outside of the cultural sector such as business organizations, schools and health and human services organizations.
(b) Identify annual benchmarks to determine the impact of grant funds.
(c) Specify local leadership and governance for grant fund management and for ongoing planning and development of benchmarks.
(4) Local cultural plans shall be broadly disseminated within each county or tribe. The local cultural plans shall be used to encourage planning and collaboration among cultural entities.
(5) The Administrator of the Arts Program shall provide technical assistance to counties and tribes to support local cultural planning.
SECTION 14. Section 13, chapter 954, Oregon Laws 2001, is amended to read:
Sec. 13. (1) For the fiscal years beginning July 1, 2003, through July 1, 2011, the [office of the Secretary of State Oregon Arts Commission] Arts Program, under the direction of the Trust for Cultural Development Board, shall make Community Cultural Participation Grants under [section 11 of this 2001 Act] ORS 359.436 to counties and federally recognized Indian tribes to support cultural activities identified in the local cultural plans. Grant funds received by a county or tribe shall be distributed locally as specified in the local cultural plan.
(2) A portion of the grant funds received each fiscal year by a county or tribe may be used for costs associated with grant management, community technical assistance and accounting.
(3) For the fiscal year beginning July 1, 2007, a portion of each grant awarded to a county or tribe may be used:
(a) For revising local cultural plans;
(b) To articulate updated priorities in the local cultural plan; and
(c) For strategies to continue deepening and expanding participation in all facets of culture.
(4) The Trust for Cultural Development Board shall allocate grant amounts for counties and tribes using a base amount, plus a per capita amount for each county or tribe.
SECTION 15. ORS 359.441 is amended to read:
359.441. (1) The [office of the Secretary of State] Arts Program, under the direction of the Trust for Cultural Development Board, shall distribute the amount disbursed from the Trust for Cultural Development Account under ORS 359.426 (3)(c) to the core partner agencies as follows:
(a) The [office of the Secretary of State] Arts Program shall allocate 20 percent of the amount disbursed under ORS 359.426 (3)(c) for joint efforts by the core partner agencies in fostering cooperative cultural projects, including but not limited to cultural education, cultural tourism and other cultural activities.
(b) The [office of the Secretary of State] Arts Program shall allocate 80 percent of the amount disbursed under ORS 359.426 (3)(c) to the core partner agencies for the purposes described in ORS 359.444. The Trust for Cultural Development Board shall determine the amount or percent of available funds that each core partner agency shall receive under this paragraph.
(2) The core partner agencies [shall not be] are not eligible to apply for grants from the Community Cultural Participation Grant Program or the Cultural Development Grant Program.
SECTION 16. Section 10, chapter 12, Oregon Laws 2003 (Enrolled Senate Bill 859), is amended to read:
Sec. 10. (1) Notwithstanding ORS 359.426 (1), the office of the Secretary of State may disburse a portion of the moneys in the Trust for Cultural Development Account during the 2002-2003 fiscal year regardless of the amount that was in the account on July 1, 2002.
(2) Notwithstanding subsection (1) of this section and ORS 359.426 (1), for the time period between [the effective date of this 2003 Act] March 4, 2003, and July 1, 2004, [the office of the Secretary of State may not disburse] no more than $693,000 may be disbursed from the Trust for Cultural Development Account.
SECTION 17. The duties, functions and powers of the office of the Secretary of State relating to the Trust for Cultural Development Account are imposed upon, transferred to and vested in the Arts Program.
SECTION
18. (1) The office of the
Secretary of State shall:
(a)
Deliver to the Arts Program all records and property within the jurisdiction of
the office that relate to the duties, functions and powers transferred by
section 17 of this 2003 Act; and
(b)
Transfer to the Arts Program those employees engaged primarily in the exercise
of the duties, functions and powers transferred by section 17 of this 2003 Act.
(2)
The Arts Program shall take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the duties,
functions and powers transferred by section 17 of this 2003 Act, without
reduction of compensation but subject to change or termination of employment or
compensation as provided by law.
(3) The Governor shall resolve any dispute between the office of the Secretary of State and the Arts Program relating to transfers of records, property and employees under this section, and the Governor’s decision is final.
SECTION
19. (1) The unexpended balances
of amounts authorized to be expended by the office of the Secretary of State
for the biennium beginning July 1, 2003, from revenues dedicated, continuously
appropriated, appropriated or otherwise made available for the purpose of
administering and enforcing the duties, functions and powers transferred by
section 17 of this 2003 Act are appropriated and transferred to and are
available for expenditure by the Economic and Community Development Department
for the Arts Program for the biennium beginning July 1, 2003, for the purpose
of administering and enforcing the duties, functions and powers transferred by
section 17 of this 2003 Act.
(2) The expenditure classifications, if any, established by Acts authorizing or limiting expenditures by the office of the Secretary of State do not apply to expenditures relating to the Trust for Cultural Development Account by the Economic and Community Development Department for the Arts Program. This subsection does not apply to the limitation established under section 10, chapter 12, Oregon Laws 2003 (Enrolled Senate Bill 859), on disbursements from the Trust for Cultural Development Account.
SECTION 20. The transfer of duties, functions and powers to the Arts Program by section 17 of this 2003 Act does not affect any action, proceeding or prosecution involving or with respect to such duties, functions and powers begun before and pending at the time of the transfer, except that the Arts Program is substituted for the office of the Secretary of State in the action, proceeding or prosecution.
SECTION
21. (1) Nothing in this 2003 Act
relieves a person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by section 17 of this
2003 Act. The Arts Program, under the direction of the Trust for Cultural
Development Board, may undertake the collection or enforcement of any such
liability, duty or obligation.
(2) The rights and obligations of the office of the Secretary of State legally incurred under contracts, leases and business transactions executed, entered into or begun before the effective date of this 2003 Act accruing under or with respect to the duties, functions and powers transferred by section 17 of this 2003 Act are transferred to the Arts Program. For the purpose of succession to these rights and obligations, the Arts Program is a continuation of the office of the Secretary of State and not a new authority.
SECTION 22. Whenever, in any uncodified law or resolution of the Legislative Assembly or in any rule, document, record or proceeding authorized by the Legislative Assembly, in the context of the duties, functions and powers transferred by section 17 of this 2003 Act, reference is made to the office of the Secretary of State, or an officer or employee of the office of the Secretary of State, whose duties, functions or powers are transferred by section 17 of this 2003 Act, the reference is considered to be a reference to the Arts Program or an officer or employee of the Arts Program who by this 2003 Act is charged with carrying out such duties, functions and powers.
SECTION 23. Notwithstanding any other law limiting expenditures, the amount of $460,569 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses from the Trust for Cultural Development Account by the Arts Program of the Economic and Community Development Department.
SECTION 24. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor August 29, 2003
Filed in the office of Secretary of State September 2, 2003
Effective date August 29, 2003
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