(b) The foundation shall elect a chair from among the voting directors of the foundation. A director shall serve as chair for a two-year term and may thereafter be reelected as chair, except that:

(A) The foundation may replace a chair by majority vote of the foundation; and

(B) A chair must at all times be a voting director of the foundation.

(2) The Oregon State Capitol Foundation shall:

(a) Advise the Legislative Administration Committee on the terms and conditions of contracts or agreements entered into under ORS 276.002.

(b) Recommend to the committee renovations, repairs and additions to the State Capitol.

(c) Recommend to the committee exhibits and events for the State Capitol.

(d) Deposit gifts, grants, donations and moneys converted from gifts or donations of other than money into separate trust accounts reserved for the purposes of the gifts, grants and donations.

(e) Develop, maintain and implement plans to:

(A) Enhance and embellish the State Capitol in keeping with the design and purpose of the building and adjacent areas; and

(B) Preserve the history of activities of state government that have occurred in the State Capitol and of persons who have participated in state government in the State Capitol.

(f) Establish such funds and accounts as are reasonably prudent for a nonprofit corporation of the scope and mission of the foundation.

(g) Consult with any advisory committees the Legislative Administration Committee may designate before the foundation makes a recommendation required by this subsection.

(3) The Oregon State Capitol Foundation may:

(a) Solicit and accept gifts, grants and donations from public and private sources in the name of the foundation.

(b) Convert gifts or donations other than money into moneys.

(c) Advise and educate in relation to changes in statutory law or adopted policy of the Legislative Administration Committee in order to implement or promote the policies and objectives of the foundation, except that such advice and education is limited to:

(A) Activities permitted within the limits afforded to organizations established under section 501(c)(3) of the Internal Revenue Code; and

(B) Advice or education undertaken by the foundation that furthers the purposes of the foundation under subsection (2) of this section.

(4) The Oregon State Capitol Foundation shall cause an independent audit to be performed annually of all foundation finances. The auditor shall prepare an annual financial report according to generally accepted accounting principles and shall submit the report to the foundation and the Legislative Administration Committee.

(5) The chair of the Oregon State Capitol Foundation may enter into contracts to carry out those functions and policies of the foundation for which the foundation has granted the chair contract authority. ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to a contract or agreement entered into by the foundation. The chair may delegate the contracting authority granted under this subsection to the Legislative Administrator.

(6) The Oregon State Capitol Foundation may take action under this section upon a majority vote of a quorum of directors. A majority of the voting directors of the foundation constitutes a quorum for the transaction of business.

(7) Notwithstanding ORS 171.072, directors or nonvoting members of the foundation who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the foundation.

(8) The Oregon State Capitol Foundation may adopt its own rules and bylaws and is not subject to the rules of either house of the Legislative Assembly or Mason’s Manual of Legislative Procedure. The foundation shall adopt rules and bylaws to guide the foundation and implement the foundation’s responsibilities under this section.

(9) The Oregon State Capitol Foundation is not a part of the legislative department as defined in ORS 174.114 or a public body as defined in ORS 174.109. For purposes of ORS chapter 244, neither the Oregon State Capitol Foundation nor any director or nonvoting member of the foundation may be considered to have a legislative or administrative interest.

(10) The Legislative Administrator shall provide meeting space and administrative support for the Oregon State Capitol Foundation. [2001 c.118 §1; 2003 c.794 §197; 2011 c.272 §10; 2015 c.35 §1]