Chapter 916 Oregon Laws 2001
AN ACT
HB 3905
Relating to county fairs;
creating new provisions; amending ORS 565.445 and section 2, chapter 796,
Oregon Laws 1995, and section 3, chapter 811, Oregon Laws 2001 (Enrolled House
Bill 3530); and repealing ORS 565.425 and 565.430 and section 2, chapter 24,
Oregon Laws 2001 (Enrolled House Bill 2060).
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 and 3 of this 2001 Act are
added to and made a part of ORS 565.410 to 565.450.
SECTION 2.
(1) An annual audit of county fair
records must include an identification of fair policies relating to matters
specified in this section. The audit shall include an examination of available
county fair records to check for compliance with the policies. The results of
the compliance check must be included within the scope of the opinion expressed
by the auditor regarding the county fair records.
(2) Fair policies that
are subject to subsection (1) of this section are policies regarding:
(a) Animal welfare;
(b) Environmental
issues;
(c) Participation in
professional development activities; and
(d) Compliance with the
federal Americans with Disabilities Act of 1990 (P.L. 101-336), as amended.
(3) The County Fair
Commission may adopt rules for carrying out this section. Upon the request of a
county fair or an auditor, the County Fair Commission may issue a declaratory
ruling whether a particular county fair policy is a policy described in
subsection (2) of this section. A county fair may appeal a commission ruling
under this subsection to the Director of Agriculture, whose decision is subject
to ORS 183.310 to 183.550.
SECTION 3.
(1) On or before October 31 of each
year, a county fair board must submit to the County Fair Commission, on a form
approved by the commission, data for the period since the preceding report date
regarding:
(a) Use of the county
fairgrounds by youths and adults;
(b) Participation in
county fairs by youths and adults;
(c) Evidence of
community involvement in county fairs;
(d) Attendance at county
fair and nonfair events;
(e) The most recent
fiscal year budget for the county fairgrounds and evidence of compliance with
open meeting law pursuant to ORS 192.610 to 192.690 in developing the budget;
(f) Compliance with
public contracting and purchasing law under ORS chapter 279;
(g) The most recent
business plan for the county fairgrounds;
(h) Maintenance of
liability insurance in an amount satisfactory to the County Fair Commission;
and
(i) Use of state funds
distributed to the county fairs.
(2) If a county fair
board fails to timely submit the data required by subsection (1) of this
section, the county fair administered by that board is ineligible for state
funding, including but not limited to, funding under ORS 565.445 and section 2,
chapter 796, Oregon Laws 1995, for a period determined by the County Fair
Commission, not to exceed one year. A county fair may appeal a commission
decision under this subsection to the Director of Agriculture, whose decision
is subject to ORS 183.310 to 183.550.
(3) The County Fair
Commission may contract for the collection and summarizing of data required to
be submitted under subsection (1) of this section. The commission shall send a
summary of the data to the Director of Agriculture.
SECTION 4.
ORS 565.445 is amended to read:
565.445. (1)
There hereby is created the County Fair Account in the General Fund of the
State Treasury. All moneys in the account are continuously appropriated to the
County Fair Commission [to carry out the
provisions of ORS 565.410 to 565.440, including the payment of administrative
expenses. However, such administrative expenses shall not exceed $44,000 per
calendar year]. The account shall
consist of a County Fair Board Subaccount and a County Fair Commission Subaccount.
(2) Subject to available
funding, unless a biennial appropriation expressly provides otherwise, the
County Fair Commission shall credit $40,000 of the amount appropriated to the
County Fair Account for the biennium to the County Fair Commission Subaccount.
The County Fair Commission Subaccount shall be used for the administration of
ORS 565.410 to 565.450. The County Fair Board Subaccount shall consist of all
County Fair Account moneys that are not credited to the County Fair Commission
Subaccount.
(3) Subject to section 3
(2) of this 2001 Act, on the first business day of each calendar year the
County Fair Commission shall disburse moneys from the County Fair Board
Subaccount to the county fair boards in equal shares. Notwithstanding ORS
291.232 to 291.260, subject to availability of funds, each annual disbursement
shall be one-half of the amount credited to the subaccount for the biennium.
SECTION 5.
Section 2, chapter 796, Oregon Laws 1995, is amended to read:
Sec. 2. (1) In
each fiscal year, the County Fair Commission shall distribute 90 percent of the
revenue received in the preceding fiscal year as interest or earned from
investment of the principal in the Oregon County Fair Account for the purposes
of promoting and operating the county fairs in this state and maintaining and
improving county fairgrounds and buildings, facilities and improvements on the
county fairgrounds that are used for county fairs and other events authorized
by county fair boards.
(2) Revenue received as interest or earned from investment
of the principal in the account shall be distributed as annual grants to each
county. Subject to section 3 (2) of this
2001 Act, the grants made under this subsection shall be in the same amount
for each county. Any amount withheld
from a county fair board pursuant to section 3 (2) of this 2001 Act shall be
distributed equally among the other county fair boards.
SECTION 6.
ORS 565.425 and 565.430 are repealed.
SECTION 7.
(1) The requirement for the examination
of county fair records under section 2 of this 2001 Act does not apply to
records for the period prior to the effective date of initial rules adopted by
the County Fair Commission pursuant to section 2 (3) of this 2001 Act. The
commission shall adopt initial temporary or permanent administrative rules
pursuant to section 2 (3) of this 2001 Act on or before May 1, 2002.
(2) Notwithstanding
section 3 (1) of this 2001 Act, a report by a county fair board is not required
to include data for a period prior to the effective date of this 2001 Act.
(3) Section 3 (2) of
this 2001 Act applies to state funding distributed to county fair boards on or
after January 1, 2003.
SECTION 8.
If House Bill 3530 becomes law, section 3, chapter 811, Oregon Laws 2001
(Enrolled House Bill 3530), is amended to read:
Sec. 3. The
County Fair Commission shall make an annual distribution each January of the
unexpended balance of moneys credited to the County Fair Account under section
2, chapter 811, Oregon Laws 2001
(Enrolled House Bill 3530), as provided in ORS 565.445 [of this 2001 Act, using the merit formula
determined by the commission pursuant to ORS 565.425].
SECTION 9.
Section 2, chapter 24, Oregon Laws 2001
(Enrolled House Bill 2060) (amending ORS 565.425), is repealed.
SECTION 10.
In addition to any other duties and
powers of the County Fair Commission, the commission may submit nominations to
the Governor for appointments to Oregon State Fair Commission member positions
described in ORS 565.020 (3), as amended by section 1, chapter 24, Oregon Laws
2001 (Enrolled House Bill 2060).
Approved by the Governor
August 3, 2001
Filed in the office of
Secretary of State August 6, 2001
Effective date January 1,
2002
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