71st OREGON LEGISLATIVE ASSEMBLY--2001 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 963
House Bill 2155
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for State Department of Agriculture)
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 as
introduced.
Specifies permissible bases for assessments levied on
commodities. Allows levying assessment on first purchaser or
handler of commodity. Ratifies and affirms assessments levied by
commodity commissions prior to effective date of Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to commodity assessments; creating new provisions;
amending ORS 576.171, 576.325 and 576.555; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Notwithstanding any defect existing at the time
a commodity assessment was assessed or levied, including but not
limited to defects in the assessment rate or assessment basis
used by the commodity commissions, the actions of commodity
commissions organized pursuant to ORS 576.051 to 576.584,
577.210, 577.710, 578.030 or 579.030 in assessing and levying
commodity assessments prior to the effective date of this 2001
Act are hereby validated, and the resulting commodity assessments
by those commissions are declared to be lawfully imposed
commodity assessments. + }
SECTION 2. ORS 576.171 is amended to read:
576.171. (1) There is created the Oregon Albacore Commission.
Except as provided in subsection (3) of this section, the
commission shall be considered to have been created in all
respects pursuant to ORS 576.051 to 576.584 and is vested with
all the duties, functions, powers, rights and liabilities of
commissions created pursuant to ORS 576.051 to 576.584. All
producers and handlers of albacore are subject to the duties,
rights and liabilities provided in ORS 576.051 to 576.584.
(2) The commission shall consist of seven members appointed by
the Director of Agriculture. Five members shall be producers of
albacore and two members shall be licensed fish processors who
are not producers. In making appointments to the commission, the
director shall consider recommendations made to the director by
producers of albacore, producers' organizations, fish processors
or processors' organizations.
{ - (3) Notwithstanding the assessment limit in ORS 576.325
(2), the commission may: - }
{ - (a) Assess, levy and collect an assessment pursuant to
ORS 576.325 in an amount not to exceed three percent of the
average unit price of albacore received by the producer in the
boat after catch, and before packaging or processing, during the
three years immediately preceding; and - }
{ + (3) Notwithstanding the assessment limit in ORS 576.325
(2):
(a) If the commission assesses on a unit basis, the assessment
may not exceed three percent of the three-year industry average
unit price. The commission may determine the three-year industry
average unit price by considering data and estimates of the
United States Department of Agriculture, Oregon State University
or other reliable sources for the three calendar years
immediately preceding the date of determination.
(b) If the commission assesses on a percentage of dollar value
basis, the assessment may not exceed three percent of the dollar
value received by a producer for the raw commodity. If the dollar
value received by a producer is not otherwise determinable, the
commission may establish the dollar value based on the three-year
industry average unit price for the raw commodity. + }
{ - (b) - } { + (4) In addition to any other assessment
under this section, the commission may + } assess, levy and
collect an assessment from all first purchasers of albacore
{ - in an amount not to exceed three percent of the average unit
price of albacore received by the producer in the boat after
catch, and before packaging or processing, during the three years
immediately preceding. The assessment shall be levied and
assessed to the first purchaser at the time of sale - } . { +
The commission may collect the assessment from the first
purchaser at the time of sale. The commission may establish the
assessment amount, but the assessment amount may not exceed the
limitations on assessments described in subsection (3) of this
section. + }
SECTION 3. ORS 576.325 is amended to read:
576.325. (1)(a) { - The - } { + A + } commission may
assess, levy and collect an assessment, the amount of which the
commission shall determine, on all units or animals of the
commodity grown or produced in this state, or procured from its
rivers or the offshore waters, but not the Columbia River, for
handling within this state, and sold in commercial channels; but
no such assessment shall apply to any transaction which occurred
prior to the date the commission order assessing such assessment
was entered.
(b) { - The - } { + A + } commission may assess, levy and
collect a differential assessment, the amount of which the
commission shall determine, based on the intended use, type or
variety of the commodity.
(c) All casual sales of the commodity made by the producer
direct to the consumer shall be exempt from the assessment.
(2) The amount of the assessment provided for in subsection (1)
of this section { - shall - } { + is limited as follows:
(a) If a commission assesses on a unit basis, the assessment
may + } not exceed one and one-half percent of the
{ + three-year industry + } average unit price { + . The
commission may determine the three-year industry average unit
price by considering data and estimates of the United States
Department of Agriculture, Oregon State University or other
reliable sources for the three calendar years immediately
preceding the date of determination.
(b) If a commission assesses on a percentage of dollar value
basis, the assessment may not exceed one and one-half percent of
the dollar value + } received by { - the - } { + a + }
producer { - on the farm after severance, or in the boat after
catch, and before packaging or processing, during the three years
immediately preceding, unless a greater assessment, which in no
case shall exceed 10 percent, is specifically provided: - }
{ + for the raw commodity. If the dollar value received by a
producer is not otherwise determinable, the commission may
establish the dollar value based on the three-year industry
average unit price for the raw commodity.
(3) Notwithstanding subsections (2) and (4) of this section, a
commission may provide for a specific assessment limit, not to
exceed 10 percent of the three-year industry average unit price
or 10 percent of the dollar value received by a producer
depending on the assessment basis. A commission must establish a
specific assessment limit: + }
(a) In the petition provided for in ORS 576.055; or
(b) By a referendum held under ORS 576.555 to 576.575.
{ - (3) - } { + (4) + } A commission of livestock producers
may, { - in lieu - } { + instead + } of the levy and
assessment procedures provided in subsections (1) and (2) of this
section, provide { - that an identical - } { + for an + }
assessment { - shall - } { + to + } be levied and collected
against each animal, but { - in such case - } the assessment
{ - shall - } { + may + } not exceed one and one-half percent
of the { + three-year industry + } average price per animal
received by livestock producers { - during the three years
immediately preceding, for the class of animals in Oregon for
which the commission was created, such as cattle, sheep or
swine, - } { + for the same class of animals + } unless a
greater assessment { - , which in no case shall exceed 10
percent, - } is specifically provided as authorized by
{ - paragraph (a) or (b) of subsection (2) - } { + subsection
(3) + } of this section. The commission { - in ascertaining - }
{ + may determine + } the { + three-year industry + } average
price { + per animal + } received by producers { - may take
into consideration - } { + by considering + } data and
estimates of the United States Department of Agriculture, Oregon
State University and other reliable sources for the three
calendar years immediately preceding the date of the
determination.
{ - (4) - } { + (5) + } { - The - } { + A commission
shall assess and levy an + } assessment { - shall be levied and
assessed - } { + under subsections (1) to (4) of this
section + } to the producer at the time of sale { + . + }
{ - and shall be deducted by - } The first purchaser { + shall
deduct the assessment + } from the { - price - } { +
amount + } paid to the producer. { + The commission shall
collect the assessment from the first purchaser.
(6) In addition to an assessment under subsections (1) to (4)
of this section, a commission may assess, levy and collect an
assessment on first purchasers. The commission shall collect the
assessment from the first purchaser at the time of sale. The
commission shall establish the assessment in accordance with the
limits of subsections (1) to (4) of this section. + }
SECTION 4. ORS 576.555 is amended to read:
576.555. (1) A referendum may be held once annually for any one
or more of the following purposes:
(a) Increasing or decreasing the maximum permissible assessment
under ORS 576.325, { - which in no case shall - } { + not
to + } exceed 10 percent { + of the three-year industry average
unit price or 10 percent of the dollar value received by a
producer, depending on the assessment basis + }.
(b) Limiting or expanding the powers and duties of the
commission; but no powers and duties shall be granted to or
imposed upon the commission which are not permitted under ORS
576.051 to 576.584.
(c) Changing any matter which was provided for in the petition
under ORS 576.055 (2)(a), (b) or (d), or which was provided for
by a prior referendum; but such change shall be within the limits
permitted under ORS 576.051 to 576.584.
(d) Providing for the election, and the election, of
commissioners instead of their appointment by the Director of
Agriculture, or providing for the appointment of commissioners by
the director instead of their election by referendum.
(2) A referendum on any proposition referred to in subsection
(1) of this section may be held at the same time as a referendum
provided for in ORS 576.505.
SECTION 5. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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