Chapter 517 Oregon Laws 2003

 

AN ACT

 

HB 5062

 

Relating to state financial administration; creating new provisions; amending ORS 565.442 and 565.445; repealing ORS 565.455 and sections 2 and 3, chapter 796, Oregon Laws 1995; appropriating money; limiting expenditures; and declaring an emergency.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 565.455 and sections 2 and 3, chapter 796, Oregon Laws 1995, are repealed.

 

          SECTION 2. On the effective date of the repeal of ORS 565.455 by section 1 of this 2003 Act, the State Treasurer shall transfer the unexpended balance of the Oregon County Fair Account to the General Fund for crediting to the Department of Agriculture Account.

 

          SECTION 3. 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.] The County Fair Account is established separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the County Fair Commission. [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.]

          (2) The account shall consist of moneys allocated under ORS 565.447. Moneys credited to the account may be expended by the County Fair Commission for the administration of ORS 565.410 to 565.450, not to exceed $40,000 per biennium.

          (3) Subject to ORS 565.442 (2) and subsection (2) of this section, on the first business day of each calendar year the County Fair Commission shall disburse the moneys [from] in the [County Fair Board Subaccount] County Fair Account 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 4. ORS 565.442 is amended to read:

          565.442. (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 5. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

 

Approved by the Governor June 30, 2003

 

Filed in the office of Secretary of State June 30, 2003

 

Effective date July 1, 2003

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