Relating to county fairs; creating new provisions; amending ORS 565.445 and section 2, chapter 796, Oregon Laws 1995, and section 3, chapter ___, 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).

 
 
 
     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 3665
                     (To Resolve Conflicts)
 
                           C-Engrossed
 
                         House Bill 3905
                  Ordered by the Senate July 4
 Including House Amendments dated April 4 and June 30 and Senate
          Amendments dated July 4 to resolve conflicts
 
Sponsored by Representative JOHNSON; Representative NELSON
 
 
                             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.
 
  Requires audits of county fair records to include opinion on
fair compliance with certain policies. Requires county fair
boards to supply annual reports containing specified information
to County Fair Commission. Makes county fair ineligible for
distributions from County Fair Account or Oregon County Fair
Account if county fair board does not submit required reports.
Provides for distributions to county fair boards from County Fair
Account to be equal for all counties. Reduces limit on County
Fair Commission administrative expenses.
 
                        A BILL FOR AN ACT
Relating to county fairs; creating new provisions; amending ORS
  565.445 and section 2, chapter 796, Oregon Laws 1995, and
  section 3, chapter ___, 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 ___, 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 ___, 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). + }
                         ----------