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 968
 
                         Senate Bill 311
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (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.
 
  Eliminates additional fee for handling or storage of certified
alfalfa seed by public warehouse. Deletes definition of certified
alfalfa seed applicable to statutory series.
 
                        A BILL FOR AN ACT
Relating to certified alfalfa seed; amending ORS 586.210 and
  586.270.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 586.210 is amended to read:
  586.210. As used in ORS 586.210 to 586.730, unless the context
requires otherwise:
    { - (1) 'Certified alfalfa seed' means alfalfa seed that has
been certified by Oregon State University as authorized in ORS
633.511 to 633.750. - }
    { - (2) - }  { +  (1) + } 'Department' means the State
Department of Agriculture.
    { - (3) - }  { +  (2) + } 'Grain' means wheat, corn, oats,
barley, rye, flaxseed, certified alfalfa seed, soybeans, grain
sorghum, dry beans and peas and any other grain for which
standards are established by the state or the federal government.
    { - (4) - }  { +  (3) + } 'Handling' includes receiving and
loading out grain tendered for storage.
    { - (5) - }  { +  (4) + } 'Public terminal warehouse' means
any public warehouse located in a city of this state designated
as an inspection point by the department.
    { - (6) - }  { +  (5) + } 'Public warehouse' includes any
elevator, mill, warehouse or other structure in which grain is
received from one or more members of the public for storage or
handling for compensation.
    { - (7) - }  { +  (6) + } 'Warehouseman' includes any person,
existing legal entity or municipality owning, operating or
controlling any public warehouse.
  SECTION 2. ORS 586.270 is amended to read:
  586.270. (1) Every person operating any public warehouse in
this state shall, before July 1 of each year, procure from the
State Department of Agriculture a license for each such warehouse
so operated for the ensuing year, before transacting business at
such public warehouse; but the holder of a license to store grain
under the United States Warehouse Act shall furnish the
department with a copy of such license and bond and, having
furnished such copies, is not required to secure a state license
or pay state warehouse inspection fees during the time the
license holder continues to operate under the federal license.
The license shall be posted in a conspicuous place in the office
of each warehouse.
  (2) Application for a license under this section shall be made
to the department upon forms furnished by it. The application
shall include:
  (a) The name and address of the applicant.
  (b) The location of each public warehouse of the applicant.
  (c) The total rated storage capacity in bushels of each public
warehouse.
  (d) The tariff schedule of charges to be made at each public
warehouse for the handling, storage and shipment of grain during
the license year.
  (e) Documentation satisfactory to the department that the
applicant has net assets of at least $50,000.
  (f) Such other information as the department deems necessary to
carry out the purposes of ORS 586.210 to 586.730.
  (3) The applicant shall submit with the application an annual
license fee of $500 for each public warehouse.
    { - (4) In addition to the license fee required by subsection
(3) of this section, every applicant who handles or stores
certified alfalfa seed shall pay a fee not to exceed $75, as
determined by the department after public hearing in accordance
with the provisions of ORS 183.310 to 183.550, to reimburse the
department for the additional administrative expense involved in
applying ORS 586.210 to 586.730 to a warehouseman who handles or
stores certified alfalfa seed. - }
    { - (5) - }  { +  (4) + } The department shall issue a
license to the applicant if it finds that the application is in
due form and the applicant has complied with the provisions of
ORS 586.210 to 586.730.
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