71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3811
 
LC 2873/HB 3811-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3811
 
            By COMMITTEE ON AGRICULTURE AND FORESTRY
 
                             April 6
 
  On page 1 of the printed bill, line 2, delete '62.355,'.
  In line 3, delete '576.620,'.
  Delete lines 28 through 31.
  On page 2, delete lines 1 through 20.
  In line 21, delete '3' and insert '2'.
  In line 33, delete 'ORS 62.355 (4)' and insert 'section 4 of
this 2001 Act'.
  Delete lines 39 through 45.
  On page 3, delete lines 1 through 21 and insert:
  '  { +  SECTION 3. + }  { + Section 4 of this 2001 Act is added
to and made a part of ORS chapter 62. + }
  '  { +  SECTION 4. + }  { + (1) As used in this section:
  ' (a) 'Parties' or 'party' means perennial ryegrass seed
producers, perennial ryegrass seed associations, perennial
ryegrass seed cooperatives or perennial ryegrass seed dealers
that are participants in the state regulatory program described
in subsection (2) of this section.
  ' (b) 'Regulatory program' means the state regulatory program
described in subsection (2) of this section that is actively
supervised by the Director of Agriculture and that authorizes
parties to engage in certain collective bargaining and
negotiations to establish the price of perennial ryegrass to be
produced and sold to perennial ryegrass seed dealers in the
future.
  ' (2)(a) It is the intent of this section and ORS 646.535 (2)
and 646.740 (10) to displace competition with a regulatory
program in the perennial ryegrass seed industry to a limited
degree. The regulatory program is intended to grant immunity from
federal and state antitrust laws to perennial ryegrass seed
producers and perennial ryegrass seed dealers for the limited
purpose of allowing the producers and the dealers to bargain
collectively and to arrive at a negotiated price for the sale of
perennial ryegrass seed by the producers to the dealers. The
activities of any party that comply with the provisions of this
section may not be considered to be in restraint of trade, a
conspiracy or combination or any other unlawful activity in
violation of any provision of ORS 646.705 to 646.826 or federal
antitrust laws.
  ' (b) A perennial ryegrass seed cooperative or marketing
association may negotiate with one or more dealers, as defined in
ORS 646.515, of perennial ryegrass seed to establish the price at
which members of the cooperative or association will sell
products to be produced by its members or under the control of
its members.  The perennial ryegrass seed dealers may negotiate
the price of the perennial ryegrass seed products through a
committee that sets forth the views of the dealers and votes on
any issues being negotiated as authorized by this section,
including the price of perennial ryegrass seed products.
  ' (c) The Director of Agriculture is authorized to actively
supervise the conduct of a perennial ryegrass seed agricultural
cooperative organized under this chapter, a representative
committee of perennial ryegrass seed dealers and any perennial
ryegrass seed association in establishing the price of perennial
ryegrass seed to be produced and sold to seed dealers at a future
date. The director is authorized to supervise the negotiations
between the parties, review the prices established by the
negotiations and approve the prices proposed by the parties
before the prices take effect. The director must approve the
proposed prices and any adjustments to previously approved prices
before the prices may be implemented.
  ' (d) The director may compel the parties to take whatever
action the director considers necessary to:
  ' (A) Ensure that the parties are engaging in conduct that is
authorized under this section;
  ' (B) Ensure that the policies of this state are being
fulfilled under the regulatory program; and
  ' (C) Enjoin conduct by any of the parties that is not
authorized by the director or conduct that the director finds
does not advance the interests of this state in carrying out the
regulatory program.
  ' (e) The Director of Agriculture may adopt rules to carry out
the director's authority under this section.
  ' (f) The director may designate persons as the director deems
necessary to carry out the responsibility of actively supervising
the conduct of the parties, including serving as intermediaries
between prospective parties. Persons designated by the director
must be employees of the State Department of Agriculture.
  ' (g) The director by rule shall set and collect fees from the
parties who are participants in a regulatory program. The fees
shall be deposited in the Department of Agriculture Account
established under ORS 561.150.
  ' (h) The director shall supervise the labeling of perennial
ryegrass seeds to ensure compliance with ORS 633.520, 633.531 and
633.541. + } ' .
  Delete line 32 and insert:
  ' (2) A perennial ryegrass seed dealer who participates in
negotiating committee activities described in section 4 of this
2001 Act'.
  In line 33, delete '(4)'.
  On page 4, delete lines 18 through 23 and insert:
  ' (10) The negotiating activities of a dealer in agricultural
commodities that are carried out and supervised under section 4
of this 2001 Act.
  '  { +  SECTION 7. + }  { + Section 4 of this 2001 Act and the
amendments to ORS 62.015, 62.845, 646.535 and 646.740 by sections
1, 2, 5 and 6 of this 2001 Act apply only to negotiations begun
on or after the effective date of this 2001 Act. + } ' .
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