72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3741
B-Engrossed
Senate Bill 931
Ordered by the Senate August 15
Including Senate Amendments dated July 31 and August 15
Sponsored by COMMITTEE ON RULES
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Transfers staffing for Trust for Cultural Development Board and
management of Trust for Cultural Development Account from Office
of Secretary of State to Arts Program of Economic and Community
Development Department.
{ + Limits biennial expenditures of Arts Program from Trust
for Cultural Development Account. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
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 Oregon:
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 Oregon Arts Commission shall establish
policies and provide management and operational staff support for
the Trust for Cultural Development Board.
(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 Oregon.
(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 Oregon
citizens whose creative works or effort or whose services of
philanthropy on behalf of the arts are such as to merit the
official appreciation of the people of Oregon.
{ + (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. + }
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