2017 ORS 390.141¹
Agreements between State Parks and Recreation Department and private organizations
  • restrictions
  • reports

(1) In order to further the strategic priorities of the State Parks and Recreation Department, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations for the benefit of the department.

(2) At least 30 days before the director may enter into an agreement under subsection (1) of this section, the department shall:

(a) Submit a copy of the proposed agreement to the Legislative Assembly in the manner provided by ORS 192.245 (Form of report to legislature); and

(b) Provide public notice of the proposed agreement on the department’s website.

(3) The director may advise, and receive advice from, the organization described in subsection (1) of this section. If allowed by the charter and bylaws of the organization, the director may serve as a voting or nonvoting member of the board of directors of the organization, except that the director may not:

(a) Serve as chairperson of the board of directors of the organization.

(b) Vote for, or appoint, other members of the board of directors of the organization.

(c) Exercise any control of the financial affairs of the organization.

(d) Oversee the daily operations of the organization.

(4) In order to further the strategic priorities of the department and to increase the ability of the organization to solicit gifts, grants and donations for the benefit of the department, the department may provide the following without charge to the organization for the use of the organization’s members or donors:

(a) Access to areas, and use of facilities, established and maintained by the department.

(b) The opportunity to place information relating to the cooperative efforts of the organization and the department in department publications and on the department’s website.

(c) Promotional items related to the department that are sold by the department.

(5) In order to further the strategic priorities of the department and to increase the ability of the organization to solicit gifts, grants and donations for the benefit of the department, the department may provide supplies, personnel and necessary services to the organization at cost.

(6) For each calendar year, the department shall prepare a report that lists the access to areas, use of facilities, placement of information in department publications, promotional items, supplies, personnel and services described in subsections (4) and (5) of this section provided by the department to an organization described in subsection (1) of this section without charge or at reduced charge, and all related gifts, grants and donations received by the department. The department shall post the report on the department’s website.

(7) If the director enters into an agreement with a private, nonprofit organization under subsection (1) of this section, the director may refuse to accept any gift, grant or donation solicited by the organization for the benefit of the department if the director determines that the gift, grant or donation is inconsistent with the best interests of the department.

(8) Each organization described in subsection (1) of this section shall maintain records regarding the gifts, grants and donations solicited for the benefit of the department and, at the request of the department, shall provide the department with information necessary to prepare the report described in subsection (6) of this section.

(9) All funds received by the department under this section shall be deposited in the State Parks and Recreation Department Fund established by ORS 390.134 (State Parks and Recreation Department Fund) to be used to further the strategic priorities of the department as specified in subsection (1) of this section.

(10) In addition to the agreement described in subsection (1) of this section, and in order to further the strategic priorities of the department, the director may enter into an agreement with a private, nonprofit organization under which the organization shall donate goods and services to the department.

(11) The provisions of this section do not affect the authority of any state agency other than the department to enter into agreements with private organizations under which the organization shall solicit gifts, grants and donations for the benefit of the state agency. [2013 c.299 §2]

Note: 390.141 (Agreements between State Parks and Recreation Department and private organizations) was added to and made a part of ORS chapter 390 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Atty. Gen. Opinions

Depart­ment of Transporta­tion authority to solicit gifts, grants, etc., (1978) Vol 38, p 2105

1 Legislative Counsel Committee, CHAPTER 390—State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors390.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 390, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano390.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.