71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 943
 
LC 3265/SB 943-A18
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 943
 
            By COMMITTEE ON AGRICULTURE AND FORESTRY
 
                             May 23
 
  On page 1 of the printed A-engrossed bill, line 5, before '
Notwithstanding' insert '(1)'.
  After line 11, insert:
  ' (2) Subsection (1) of this section does not affect an action
at law challenging the use of an assessment rate, assessment
limit or assessment basis by a commodity commission if the action
was filed with a court of competent jurisdiction prior to May 1,
2001.
  '  { +  SECTION 2. + }  { + (1) A commodity producer may
dispute the amount of a commodity assessment levied against the
producer under ORS 576.325 (3)(a) if the total assessment levied
against the producer during an assessment period established by
commission rule exceeds one and one-half percent of the total
dollar value received by the producer for the raw commodity
during that assessment period.
  ' (2) A commodity producer who disputes the amount of a
commodity assessment as provided under subsection (1) of this
section must file any challenge to the assessment with the
appropriate commodity commission no later than 60 days after the
close of the assessment period. The challenge must be on a form
provided by the State Department of Agriculture. A commodity
commission shall process a challenge under this section as
provided by rules described in subsection (4) of this section.
  ' (3) A commodity producer filing a challenge under this
section bears the burden of proving the total dollar value
received by the producer during the assessment period. If the
producer acts as a handler or processor for all or part of the
producer's commodity production, the producer also bears the
burden of proving that the prices paid to the producer are
equivalent to prices paid in arm's-length transactions. A
commodity commission shall refund the amount of the assessment
that the producer proves is in excess of one and one-half percent
of the total dollar value received by the producer for the raw
commodity during the assessment period.
  ' (4) The department shall adopt necessary and proper uniform
rules for commodity commissions to carry out this section. The
department rules shall include, but need not be limited to,
procedures for the filing, processing and formal or informal
resolution of challenges and for determining commodity prices
paid in arm's-length transactions. A commodity commission shall
adopt rules establishing assessment periods and may adopt
supplemental rules that do not conflict with the rules of the
department. + } ' .
  In line 12, delete '2' and insert '3'.
  On page 2, line 21, delete '3' and insert '4'.
  On page 3, line 29, delete '4' and insert '5'.
  In line 45, delete '5' and insert '6'.
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