72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 854
 
Sponsored by Senator MESSERLE; Senators CLARNO, FISHER, C STARR,
  WALKER, Representatives CLOSE, FARR, HOPSON, KNOPP, KROPF (at
  the request of Oregon Commodities Commissions)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to commodity commissions; creating new provisions;
  amending ORS 192.501, 291.050, 305.410, 473.045, 526.660,
  561.250, 565.450, 576.044, 576.051, 576.215, 576.225, 576.245,
  576.275, 576.309, 576.317, 576.320, 576.325, 576.335, 576.351,
  576.355, 576.365, 576.370, 576.375, 576.420, 576.440, 576.445,
  576.595, 577.210, 577.270, 577.290, 577.310, 577.320, 577.330,
  577.520, 578.020, 578.030, 578.040, 578.080, 578.090, 578.160,
  583.525, 604.015, 604.056 and 604.066; repealing ORS 576.055,
  576.065, 576.075, 576.078, 576.085, 576.091, 576.095, 576.105,
  576.115, 576.125, 576.135, 576.145, 576.155, 576.165, 576.171,
  576.175, 576.205, 576.235, 576.295, 576.305, 576.391, 576.405,
  576.415, 576.425, 576.430, 576.435, 576.450, 576.505, 576.525,
  576.555, 576.565, 576.570, 576.575, 576.578, 576.580, 576.582,
  576.584, 576.585, 577.350, 577.410, 577.420, 577.430, 577.440,
  577.450, 577.460, 577.511, 577.535, 577.540, 577.560, 577.565,
  577.570, 577.575, 577.580, 577.585, 577.590, 577.600, 577.605,
  577.700, 577.705, 577.710, 577.715, 577.720, 577.725, 577.730,
  577.735, 577.740, 577.760, 577.765, 577.770, 577.775, 577.780,
  577.785, 577.787, 577.790, 577.795, 578.050, 578.140, 578.150,
  578.180, 578.210, 578.220, 578.230, 578.240, 578.250, 579.010,
  579.020, 579.030, 579.040, 579.060, 579.070, 579.080, 579.090,
  579.100, 579.110, 579.120, 579.130, 579.140, 579.150, 579.160,
  579.165, 579.170, 579.175, 579.180, 579.185, 579.210, 579.220,
  579.230, 579.240, 579.250, 579.270, 579.280 and 579.990;
  appropriating money; and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
 
                               { +
COMMODITY COMMISSIONS + }
 
  SECTION 1.  { + Sections 2 to 25 of this 2003 Act are added to
and made a part of ORS 576.051 to 576.584. + }
  SECTION 2.  { + (1) The Legislative Assembly finds that:
  (a) Commodity industries are vital elements of the state
economy. Commodity industries:
  (A) Are sources of substantial employment for the citizens of
this state;
  (B) Produce needed tax revenues for the support of state and
local government;
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                        Page 1
 
 
 
  (C) Encourage responsible stewardship of valuable land and
marine resources; and
  (D) Produce substantial quantities of necessary food for the
state, nation and world.
  (b) Commodity commissions support commodity industries and
enhance and preserve the economic interests of the state.
  (c) Commodity commissions function in the same manner as a
broad range of other programs established by the Legislative
Assembly that are funded by the public through fees assessed
according to the relationship of the fee payer to a particular
program.
  (d) Commodity commissions are not established to benefit
individual persons engaged in commodity industries, but are
intended to improve the overall conditions for the particular
commodity for which a commission is established and thereby
benefit the overall economy of the state and all the citizens of
the state.
  (e) Mandated cooperative efforts engaged in by commodity
commissions are a proven, effective method to avoid economic
waste and maintain stable agricultural markets.
  (f) It is in the public interest that:
  (A) Support for Oregon's commodity industries be clearly
expressed;
  (B) Adequate protection be given to commodities and commodity
uses, activities and operations; and
  (C) Each commodity be promoted individually and as part of a
stabilized comprehensive industry by increasing consumption of
commodities in this state and the United States and
internationally.
  (2) It is the intent of the Legislative Assembly that commodity
commissions do the following for the purpose of serving commodity
industries and the citizens of this state:
  (a) Participate in the formulation and implementation of public
policy through expressive activities.
  (b) Reflect a continuing commitment by the state to commodity
industries that are integral to the economy of this state.
  (c) Represent a policy of support for persons engaged in
commodity industries and for their critical role in the economy
of this state, especially the economy of rural areas.
  (d) Provide benefits to entire commodity industries and all the
citizens of this state.
  (e) Enhance the image of Oregon commodities for the purpose of
increasing the overall demand for those commodities. To achieve
that purpose, the Legislative Assembly intends that commodity
commissions operate primarily to create a more receptive
environment for commodities and for the individual efforts of
persons engaged in commodity industries and thereby complement
individual, targeted and specific activities.
  (f) Use mandatory cooperative efforts to complement state,
federal and international laws and programs.
  (g) Protect the citizens of this state by educating them
regarding the quality, care and methods used in the production of
Oregon commodities.
  (h) Increase knowledge regarding the healthful qualities and
dietetic value of Oregon commodities.
  (i) Support and engage in research programs and activities that
benefit the planting, production, harvesting, handling,
processing, marketing and use of Oregon commodities. + }
  SECTION 3.  { + ORS 576.205 is repealed and section 4 of this
2003 Act is enacted in lieu thereof. + }
 
 
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  SECTION 4.  { + (1) Upon the establishment of a commodity
commission, the Director of Agriculture shall appoint five
temporary members to the commission. In appointing the temporary
members, the director shall give consideration to any
recommendations by other commodity commissions, commodity growers
and commodity grower associations. A majority of the temporary
members must be producers of the commodity that is the subject of
the commission and at least one member must be a handler of the
commodity.
  (2) The temporary members shall adopt rules for the commission
in accordance with ORS 183.310 to 183.550, including but not
limited to rules establishing the number and geographic
representation of the commissioners and rules providing for the
removal of commissioners. The terms of the temporary members
expire on the date that one or more commissioners are appointed
under subsection (3) of this section. A qualified temporary
member is eligible for appointment to a term on the commission
under subsection (3) of this section.
  (3) The director shall appoint the commissioners for a
commodity commission in accordance with the rules adopted under
subsection (2) of this section. In appointing the commissioners,
the director shall give consideration to any recommendations by
other commodity commissions, commodity growers and commodity
grower associations.
  (4) A majority of the commissioners must be producers of the
commodity that is the subject of the commission. At least one
commissioner must be a handler of the commodity. One commissioner
must be a member of the public not associated with the production
or handling of the commodity. All commissioners other than
handlers and the member of the public must be producers.
  (5) The term of a commissioner appointed under subsection (3)
of this section is four years unless a shorter term is
established by commission rule. A commissioner is eligible for
reappointment unless otherwise provided by commission rule.
Before the expiration of a commissioner's term, the director
shall appoint a successor to assume office upon expiration of the
term. If there is a vacancy on a commission for any cause, the
director shall appoint a person to the unexpired term.
  (6) The commission shall select one member to serve as
chairperson and another member to serve as vice chairperson, with
such duties and powers as the commission deems appropriate to
those offices.
  (7) A temporary member of a commission or a commissioner is
entitled to compensation and expenses in the manner and amounts
provided in ORS 292.495. Claims for compensation earned and
expenses incurred in performing the functions of the commission
shall be paid out of funds available to the commission. + }
  SECTION 5. Section 4 of this 2003 Act is amended to read:
   { +  Sec. 4. + } (1) Upon the establishment of a commodity
commission, the Director of Agriculture shall appoint five
temporary members to the commission. In appointing the temporary
members, the director shall give consideration to any
recommendations by other commodity commissions, commodity growers
and commodity grower associations. A majority of the temporary
members must be producers of the commodity that is the subject of
the commission and at least one member must be a handler of the
commodity.
  (2) The temporary members shall adopt rules for the commission
in accordance with ORS 183.310 to 183.550, including but not
limited to rules establishing the number and geographic
 
 
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representation of the commissioners and rules providing for the
removal of commissioners. The terms of the temporary members
expire on the date that one or more commissioners are appointed
under subsection (3) of this section. A qualified temporary
member is eligible for appointment to a term on the commission
under subsection (3) of this section.
  (3) The director shall appoint the commissioners for a
commodity commission in accordance with the rules adopted under
subsection (2) of this section. In appointing the commissioners,
the director shall give consideration to any recommendations by
other commodity commissions, commodity growers and commodity
grower associations.
  (4) A majority of the commissioners must be producers of the
commodity that is the subject of the commission. At least one
commissioner must be a handler of the commodity.   { - One
commissioner must be a member of the public not associated with
the production or handling of the commodity. - }  All
commissioners other than handlers   { - and the member of the
public - }  must be producers.
  (5) The term of a commissioner appointed under subsection (3)
of this section is four years unless a shorter term is
established by commission rule. A commissioner is eligible for
reappointment unless otherwise provided by commission rule.
Before the expiration of a commissioner's term, the director
shall appoint a successor to assume office upon expiration of the
term. If there is a vacancy on a commission for any cause, the
director shall appoint a person to the unexpired term.
  (6) The commission shall select one member to serve as
chairperson and another member to serve as vice chairperson, with
such duties and powers as the commission deems appropriate to
those offices.
  (7) A temporary member of a commission or a commissioner is
entitled to compensation and expenses in the manner and amounts
provided in ORS 292.495. Claims for compensation earned and
expenses incurred in performing the functions of the commission
shall be paid out of funds available to the commission.
  SECTION 6.  { + The amendments to section 4 of this 2003 Act by
section 5 of this 2003 Act become operative March 1, 2009. + }
  SECTION 7.  { + ORS 576.305 is repealed and section 8 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 8.  { + A commodity commission may:
  (1) Appoint all subordinate officers and employees of the
commission, prescribe their duties and fix their compensation.
  (2) Levy assessments under ORS 576.325.
  (3) Borrow money in amounts that do not exceed estimated
revenues from assessments for the year.
  (4) Enter into contracts for carrying out the duties of the
commission.
  (5) Subject to ORS 30.260 to 30.300, sue and be sued in the
name of the commission.
  (6) Request that the Attorney General prosecute in the name of
the State of Oregon suits and actions for the collection of
assessments levied by the commission.
  (7) Study state and federal legislation with regard to tariffs,
duties, reciprocal trade agreements, import quotas and other
matters affecting commodity industries and the state. A
commission may represent and protect the interests of a commodity
industry regarding any legislation, proposed legislation or
executive action affecting the commodity industry.
 
 
 
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  (8) Participate in federal and state hearings or other
proceedings concerning regulation of the manufacture,
distribution, sale or use of pesticides as defined in ORS 634.006
or other chemicals that are of use or potential use to producers
of a commodity. This subsection does not authorize a commodity
commission to regulate the use of pesticides.
  (9) To the extent consistent with the duties of the commission,
participate in and cooperate with local, state, national and
international private organizations or governmental agencies that
engage in work similar to that of a commodity commission.
  (10) Provide mechanisms for maintaining and expanding existing
markets and developing new domestic and foreign markets for a
commodity, including but not limited to:
  (a) Public relations programs;
  (b) Media relations programs;
  (c) Paid print, electronic and position advertising;
  (d) Point of sale promotion and merchandising;
  (e) Paid sales promotions and coupon programs; and
  (f) Activities that prevent, modify or eliminate trade barriers
that obstruct the free flow of a commodity to market.
  (11) Conduct and fund research to:
  (a) Enhance the commercial value of a commodity and products
derived from the commodity;
  (b) Discover the benefits to public health, the environment or
the economy of consuming or otherwise using a commodity;
  (c) Develop better and more efficient production, harvesting,
irrigation, processing, transportation, handling, marketing and
uses of a commodity;
  (d) Control or eradicate hazards to a commodity, including but
not limited to hazards from animals, pests and plants;
  (e) Develop viable alternatives for the rotation of crops;
  (f) Determine new or potential demand for a commodity and
develop appropriate market development strategies for capturing
that demand; and
  (g) Measure the effectiveness of marketing, advertising or
promotional programs.
  (12) Gather, publicize and disseminate information that shows
the importance of the consumption or other use of a commodity to
public health, the environment, the economy and the proper
nutrition of children and adults.
  (13) Further the purposes of this section by funding
scholarships for or providing financial assistance to persons or
entities interested in a commodity.
  (14) Adopt rules in accordance with ORS 183.310 to 183.550 for
carrying out the duties, functions and powers of the
commission. + }
  SECTION 9.  { + (1) A commodity commission may, by rule,
establish exemptions from assessment based on:
  (a) Commodity quantities;
  (b) Types of commodity sale; and
  (c) Types of commodity producer.
  (2) When adopting a rule for exemptions under subsection (1) of
this section, a commission must consider:
  (a) Laws and rules of the United States and other states
relating to commodity commissions, boards and marketing orders;
  (b) The practices, procedures and customs unique to the
production, handling, processing and trading of a particular
commodity and to the producers and growers of that commodity; and
  (c) The cost of collecting the particular assessment and
practical problems relating to collection.
 
 
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  (3) A producer or handler that is exempted from assessment, but
required to submit reports to a commission, is subject to ORS
576.351. + }
  SECTION 10.  { + ORS 576.391 is repealed and section 11 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 11.  { + A commission may cancel an uncollectible
assessment consistent with ORS 293.240. Subsequent collection of
debt written off under ORS 293.240 is governed by ORS
293.245. + }
  SECTION 12.  { + (1) Unless the Legislative Assembly orders a
refund pursuant to subsection (2) of this section, if the
Legislative Assembly abolishes a commodity commission, any moneys
remaining in the possession of the abolished commission on the
effective date of the abolishment are transferred to Oregon State
University and are continuously appropriated to the university
for research benefitting producers of the commodity that was
subject to assessment by the abolished commission.
  (2) The Legislative Assembly may order in an Act dissolving a
commodity commission that any moneys remaining in the possession
of the abolished commission on the effective date of the
abolishment be refunded on a proportional basis to the persons
who paid assessments to the commodity commission during the
assessment year in which the commodity commission was
abolished. + }
  SECTION 13.  { + ORS 576.415 is repealed and section 14 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 14.  { + (1) A commission shall adopt a budget on an
annual basis using classifications of expenditures and revenues
required by ORS 291.206. The budget is not subject to review by
the Legislative Assembly or to future modification by the
Emergency Board or the Legislative Assembly.
  (2) A commission shall follow generally accepted accounting
principles and keep financial and statistical information as
necessary to completely and accurately disclose the financial
operations of the commission as may be required by the Secretary
of State. In addition, the budget must show the estimated
receipts and expenditures by or under the authority of the
commission under ORS 576.051 to 576.584 for the fiscal year for
which the budget is adopted. The budget also must show the actual
receipts and expenditures by or under the authority of the
commission for the fiscal year preceding the fiscal year in which
the proposed budget is prepared, if any, and the estimated
receipts and expenditures by or under the authority of the
commission for the fiscal year in which the budget is prepared,
if any.
  (3) Estimated receipts and expenditures for the fiscal year for
which the budget is adopted must be fully itemized and be
prepared and arranged to clearly show each item of receipts and
expenditures. To the extent practicable, the items of receipts
and expenditures must be arranged under major groups or
categories that are the same as the most recent classifications
of revenue and expenditures established pursuant to ORS 291.206.
  (4) The budget shall contain only one estimate for emergency or
other expenditures that are unforeseen at the time the budget is
prepared.
  (5) A commission shall call and hold at least one public
meeting upon the proposed budget. In selecting a time and place
for a meeting, a commission shall be guided by consideration for
the convenience of the majority of the producers of the
 
 
 
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commodity.  At a meeting, any person has a right to be heard with
respect to the proposed budget.
  (6) At least 14 days prior to the date of a meeting under
subsection (5) of this section, a commission shall publish notice
at least once in a newspaper of general circulation in this
state.  The notice must set forth the purpose, time and place of
the meeting and state that a copy of the proposed budget is
available for public inspection at the place of business of the
commission or at another convenient location.
  (7) After a budget has been adopted, a commission shall submit
to the Director of Agriculture a copy of the budget and an
affidavit setting forth the pertinent facts relating to the
preparation and adoption of the budget. The director shall
examine the budget and the affidavit within 15 days and, if the
director determines that the estimated receipts and expenditures
in the budget are in conformity with the authority of the
commission and other applicable statutory requirements and that
the facts set forth in the affidavit indicate that the budget was
prepared and adopted in accordance with the law, the director
shall certify those determinations on the copy of the budget and
make the budget final. If the director determines that the budget
fails to meet the requirements in any respect, the director shall
immediately notify the commission of the particular failures. The
commission shall promptly take all practicable measures to remedy
the failures and shall resubmit a copy of the budget to the
director for examination. The director shall retain the certified
copy of the final budget and make the budget available for public
inspection during normal business hours of the State Department
of Agriculture.
  (8) A commission shall prepare an annual financial statement of
commission revenues and expenses and shall make the statement
available for public review. A commission shall provide a copy of
the statement to the Secretary of State and the department no
later than 90 days after the end of the state fiscal year. + }
  SECTION 15.  { + The following commodity commissions are
established as state commissions:
  (1) The Oregon Dairy Products Commission.
  (2) The Oregon Filbert Commission.
  (3) The Oregon Dungeness Crab Commission.
  (4) The Oregon Salmon Commission.
  (5) The Oregon Albacore Commission.
  (6) The Oregon Grains Commission.
  (7) The Oregon Sheep Commission.
  (8) The Oregon Potato Commission.
  (9) The Oregon Alfalfa Seed Commission.
  (10) The Oregon Bartlett Pear Commission.
  (11) The Oregon Blueberry Commission.
  (12) The Oregon Clover Seed Commission.
  (13) The Oregon Fine Fescue Commission.
  (14) The Oregon Fryer Commission.
  (15) The Oregon Highland Bentgrass Commission.
  (16) The Oregon Hop Commission.
  (17) The Oregon Mint Commission.
  (18) The Oregon Orchardgrass Seed Producers Commission.
  (19) The Oregon Processed Vegetable Commission.
  (20) The Oregon Raspberry and Blackberry Commission.
  (21) The Oregon Ryegrass Growers Seed Commission.
  (22) The Oregon Strawberry Commission.
  (23) The Oregon Sweet Cherry Commission.
  (24) The Oregon Tall Fescue Commission.
 
 
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  (25) The Oregon Trawl Commission.
  (26) The Western Oregon Onion Commission. + }
  SECTION 16.  { + (1) Any commodity commission formed by
petition under ORS 576.051 to 576.584 prior to the effective date
of this 2003 Act, but not listed in section 15 of this 2003 Act,
is dissolved.
  (2) Notwithstanding subsection (1) of this section, the Oregon
Beef Council created under ORS 577.210 is not dissolved.
  (3) Notwithstanding subsection (1) of this section, the Oregon
Wheat Commission created under ORS 578.030 is not dissolved. + }
  SECTION 17.  { + The Legislative Assembly validates and
ratifies all actions by commodity commissions listed in section
15 (1) to (8) of this 2003 Act, and by the members, officers and
employees thereof, taken pursuant to statutory authority after
the establishment of those respective commodity commissions by
statute and prior to the effective date of this 2003 Act. The
Legislative Assembly validates and ratifies all actions by
commodity commissions listed in section 15 (9) to (26) of this
2003 Act or predecessor commissions, and by the members, officers
and employees thereof, taken pursuant to statutory authority
after the respective dates of the State Department of Agriculture
declarations creating those commodity commissions or predecessor
commissions and prior to the effective date of this 2003 Act. + }
  SECTION 18.  { + Sections 2, 4, 8, 9, 11, 12, 14 to 17, 19, 22,
25, 51, 53 to 59, 70, 72, 74, 76, 77, 81, 82, 85, 86 and 91 of
this 2003 Act, the amendments to Oregon Revised Statutes by
sections 28, 29, 31 to 49, 60, 61, 63 to 68, 87 to 89, 92, 93 and
95 to 108 of this 2003 Act and the repeal of Oregon Revised
Statutes by sections 3, 7, 10, 13, 50, 71, 73, 75, 80 and 109 of
this 2003 Act do not affect:
  (1) Any liability, duty or obligation accruing prior to the
effective date of this 2003 Act under or with respect to the
duties, functions and powers of a commodity commission listed in
section 15 of this 2003 Act. A commodity commission may undertake
the collection or enforcement of any such liability, duty or
obligation.
  (2) The rights and obligations of commodity commissions listed
in section 15 of this 2003 Act legally incurred under contracts,
leases and business transactions executed, entered into or begun
before the effective date of this 2003 Act.
  (3) Any action, proceeding or prosecution involving or with
respect to a commodity commission listed in section 15 of this
2003 Act.
  (4) Any action by or on behalf of a commodity commission listed
in section 15 of this 2003 Act taken prior to the effective date
of this 2003 Act pursuant to the statutory authority of the
commission as existing at the time of that action. + }
  SECTION 19.  { + (1) The rules of a commodity commission listed
in section 15 of this 2003 Act that are in effect immediately
prior to the effective date of this 2003 Act continue in effect
until superseded or repealed by rules of the commission or the
State Department of Agriculture.
  (2) A commission listed in section 15 of this 2003 Act shall
retain control over all supplies, materials, equipment, records,
books, papers, moneys and other assets or facilities controlled
by the commission immediately prior to the effective date of this
2003 Act.
  (3) All moneys collected or received by a commission listed in
section 15 of this 2003 Act, placed to the credit of the
commission and remaining unexpended and unobligated on the
 
 
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effective date of this 2003 Act must be deposited by the
commission in the manner described in ORS 576.375. + }
  SECTION 20.  { + Notwithstanding section 4 of this 2003 Act:
  (1) And notwithstanding the length of the term of office to
which a person was elected or appointed prior to the effective
date of this 2003 Act, on the effective date of this 2003 Act the
terms of the persons serving on the commodity commissions listed
in section 15 of this 2003 Act immediately prior to the effective
date of this 2003 Act shall expire. On the effective date of this
2003 Act, the Director of Agriculture shall appoint each person
whose term expires under this subsection to a new term. The
length of the new term for which each person is appointed under
this subsection shall be equal to the unserved portion of the
person's term that ended pursuant to this subsection. For
purposes of any rule limiting the number of terms served on a
commission, a term that ends pursuant to this subsection and a
new term to which a person is appointed under this subsection are
considered a single term.
  (2) The commissioners of a commodity commission listed in
section 15 of this 2003 Act shall provide by rule for the number
and geographic representation of the commissioners and for the
removal of commissioners. Any rules described under this
subsection must result in a commission membership that meets the
requirements described in section 4 (4) and (5) of this 2003 Act.
The commissioners shall complete the adoption of the rules on or
before 180 days after the effective date of this 2003 Act. + }
  SECTION 21.  { + Section 20 of this 2003 Act is repealed June
30, 2004. + }
  SECTION 22.  { + (1) In addition to any refund permitted under
ORS 576.325, the Oregon Alfalfa Seed Commission and the Oregon
Grains Commission may adopt rules that provide for the commission
adopting the rule to refund all or part of a commodity assessment
levied by the commission upon request of the person paying the
assessment. A rule adopted under this subsection may not provide
for a commission to refund an amount less than the portion of the
assessment used by the commission for advertising and product
promotion.
  (2) If a commission adopts rules pursuant to subsection (1) of
this section:
  (a) Plans and projects recommended by that commission are
exempt from State Department of Agriculture review and approval
or disapproval under ORS 576.044 (2); and
  (b) Notwithstanding section 4 of this 2003 Act, the commission
may vote to eliminate the position for a commissioner who is a
member of the public. + }
  SECTION 23. Section 22 of this 2003 Act is amended to read:
   { +  Sec. 22.  + }  { - (1) - }  In addition to any refund
permitted under ORS 576.325, the Oregon Alfalfa Seed Commission
and the Oregon Grains Commission may adopt rules that provide for
the commission adopting the rule to refund all or part of a
commodity assessment levied by the commission upon request of the
person paying the assessment. A rule adopted under this
subsection may not provide for a commission to refund an amount
less than the portion of the assessment used by the commission
for advertising and product promotion.
    { - (2) If a commission adopts rules pursuant to subsection
(1) of this section: - }
    { - (a) Plans and projects recommended by that commission are
exempt from State Department of Agriculture review and approval
or disapproval under ORS 576.044 (2); and - }
 
 
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    { - (b) Notwithstanding section 4 of this 2003 Act, the
commission may vote to eliminate the position for a commissioner
who is a member of the public. - }
  SECTION 24.  { + The amendments to section 22 of this 2003 Act
by section 23 of this 2003 Act become operative March 1,
2009. + }
  SECTION 25.  { + (1) Each commodity commission shall conduct a
survey of producers of commodities regulated by that commission.
The survey must be designed to solicit information regarding the
effectiveness of programs administered and enforced by the
commission. The commission shall use the survey information to
determine the desirability of recommending legislation to:
  (a) Permit refunds of all or part of an assessment upon
request; and
  (b) Remove plans and projects recommended by the commission
from State Department of Agriculture review and approval or
disapproval under ORS 576.044 (2).
  (2) A survey conducted pursuant to subsection (1) of this
section must solicit producer input regarding the desirability of
establishing a mechanism for producers to receive refunds of all
or part of an assessment upon request.
  (3) This section does not apply to the Oregon Alfalfa Seed
Commission or the Oregon Grains Commission.
  (4) Each commodity commission shall complete the survey
required by this section on or before January 1, 2005.
  (5) Each commodity commission shall make the results of the
survey conducted by the commission available to the producers who
paid an assessment to the commission during the fiscal year in
which the survey is completed. + }
  SECTION 26.  { + Section 25 of this 2003 Act is repealed
January 2, 2006. + }
  SECTION 27.  { + ORS 576.044 is added to and made a part of ORS
576.051 to 576.584. + }
  SECTION 28. ORS 576.044 is amended to read:
  576.044.  { + (1) + }   { - Notwithstanding any other provision
of this chapter and ORS 577.110 to 577.605 and ORS chapters 578
and 579, in order to facilitate the performance of commodity
commissions in attaining their intended purposes, the
Agricultural Development Division of the State Department of
Agriculture has the following duties, functions and powers: - }
 { +  The State Department of Agriculture shall: + }
    { - (1) - }  { +  (a) + }   { - To - }  Monitor the practices
or methods used or proposed  { + for use + } by any
 { + commodity + } commission in carrying out   { - its - }  { +
the + } goals and needs   { - as - }  disclosed by   { - its - }
 { +  the + } budget { +  of the commission + };
    { - (2) - }  { +  (b) + }   { - To - }  Promote cooperation
 { - between - }   { + among + } the several commissions { + ,
the Oregon Beef Council and the Oregon Wheat Commission + } and
 { - to - }  assist in the interchange of information and
experience   { - between the commissions - }  { +  among those
entities + };
    { - (3) - }  { +  (c) + }   { - To - }  Carry out the
assigned organizational procedures under   { - this chapter and
ORS chapters 577, 578 and 579 relating to the creation,
modification or dissolution of any commission, - }  { +  ORS
576.051 to 576.584, + } including the   { - election or - }
appointment  { + and removal + } of members of the commission;
    { - (4) To examine and comment on any final budget or order
submitted to the Director of Agriculture pursuant to any
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 10
 
 
 
provision of this chapter and ORS chapters 577, 578 or 579;
and - }
   { +  (d) Review budgets submitted to the Director of
Agriculture by a commodity commission under section 14 of this
2003 Act; and + }
    { - (5) - }  { +  (e) + }   { - To promulgate - }  { +
Adopt + } rules to carry out the provisions of   { - this
chapter, ORS 577.110 to 577.605 and ORS chapters 578 and 579 - }
 { + ORS 576.051 to 576.584 + }.
   { +  (2) The department shall review, and may approve or
disapprove, plans and projects recommended by a commodity
commission for commodity promotion, advertising and research and
for the dissemination of consumer and commodity industry
information. In reviewing plans and projects recommended by a
commodity commission, the department shall consider whether the
plan or project information is:
  (a) Factual;
  (b) Not disparaging to other commodities; and
  (c) Consistent with the purposes of ORS 576.051 to 576.584. + }
  SECTION 29. ORS 576.044, as amended by section 28 of this 2003
Act, is amended to read:
  576.044.   { - (1) - }  The State Department of Agriculture
shall:
    { - (a) - }  { +  (1) + } Monitor the practices or methods
used or proposed for use by any commodity commission in carrying
out the goals and needs disclosed by the budget of the
commission;
    { - (b) - }  { +  (2) + } Promote cooperation among the
several commissions, the Oregon Beef Council and the Oregon Wheat
Commission and assist in the interchange of information and
experience among those entities;
    { - (c) - }  { +  (3) + } Carry out the assigned
organizational procedures under ORS 576.051 to 576.584, including
the appointment and removal of members of the commission;
    { - (d) - }  { +  (4) + } Review budgets submitted to the
Director of Agriculture by a commodity commission under section
14 of this 2003 Act; and
    { - (e) - }  { +  (5) + } Adopt rules to carry out the
provisions of ORS 576.051 to 576.584.
    { - (2) The department shall review, and may approve or
disapprove, plans and projects recommended by a commodity
commission for commodity promotion, advertising and research and
for the dissemination of consumer and commodity industry
information. In reviewing plans and projects recommended by a
commodity commission, the department shall consider whether the
plan or project information is: - }
    { - (a) Factual; - }
    { - (b) Not disparaging to other commodities; and - }
    { - (c) Consistent with the purposes of ORS 576.051 to
576.584. - }
  SECTION 30.  { + The amendments to ORS 576.044 by section 29 of
this 2003 Act become operative March 1, 2009. + }
  SECTION 31. ORS 576.051 is amended to read:
  576.051. As used in ORS 576.051 to 576.584, unless the context
requires otherwise:
  (1) 'Commercial channels' means the sale of the commodity for
which a commission is established for use as food, industrial,
agricultural or chemurgic use, when sold to any commercial buyer
or to any person who resells the commodity or any product derived
therefrom.
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 11
 
 
 
  (2) 'Commission' means a commodity commission established under
ORS 576.051 to 576.584.
  (3) 'Commodity' means any distinctive type of agricultural,
horticultural   { - (including floricultural) - } , viticultural,
vegetable, animal or seafood product, or any class, variety or
utilization thereof, in   { - its - }  { +  a + } natural or
processed state, including bees and honey but not including
timber or timber products. The Director of Agriculture may
determine what types or subtypes of commodity may be classed
together as a commodity for the purposes of ORS 576.051 to
576.584.
  (4) 'Department' means the State Department of Agriculture.
  (5) 'Director' means the Director of Agriculture.
  (6) 'First purchaser' means any person who buys the commodity
for which a commission is   { - created - }  { +  established + }
from the producer in the first instance, or handler who received
the commodity in the first instance from the producer for resale
or processing.
  (7) 'Handler' means any producer, processor, distributor or
other person engaged in the handling or marketing of or dealing
in the commodity for which a commission is   { - created - }
 { +  established + }, whether as an owner, agent, employee,
broker or otherwise.
    { - (8) 'Producer' means a person producing within this state
or procuring within the state, its rivers or the offshore waters,
but not the Columbia River, for commercial handling within the
state, a commodity for market, or receiving a share thereof as
landowner, landlord, tenant, sharecropper, boat skipper or
otherwise. - }
   { +  (8) 'Producer' means a person that engages in, or has
engaged in, the business of growing, producing or procuring
within this state, or in the rivers or offshore waters of this
state except the Columbia River, a commodity for market or for
delivery or transfer to others owning or holding title to the
commodity. 'Producer' includes a landowner, landlord, tenant,
sharecropper, boat skipper or other person that participates in
the growing, producing or procuring of a commodity and receives a
share of the commodity.
  (9) 'Regional commission' means a commission that functions
only within a specified area of this state consisting of one or
more entire counties. + }
  SECTION 32. ORS 576.215 is amended to read:
  576.215. The Director of Agriculture and the Dean of the
College of Agricultural Sciences of Oregon State University, or
their respective official representative, shall be ex officio
members of   { - the - }  { +  a + } commission, without right to
vote.   { - In the case of a seafoods - }   { + When a + }
commission { +  is established for a seafood commodity + }, the
chairperson of the State Fish and Wildlife Commission or the
official representative of the chairperson shall also be an ex
officio member of the commission, without right to vote.
 { - ORS 576.205 - }  { +  Section 4 of this 2003 Act + } and
576.225 to 576.255 do not apply to ex officio members.
  SECTION 33. ORS 576.225 is amended to read:
  576.225. (1)   { - Each - }   { + A + } member of   { - the - }
 { +  a + } commission   { - shall - }  { +  must, + }   { - have
the following qualifications which shall continue - } during the
term of office of the member:
  (a)   { - Each shall - }  Be a citizen of the United States.
  (b)   { - Each shall - }  Be a bona fide resident of the state.
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 12
 
 
 
  (c)   { - Each shall - }  Have   { - demonstrated through
membership in a producers' organization, the public service or
otherwise, - }  an active interest in the  { + positive + }
development  { + and economic growth  + }of the commodity
industry in Oregon.
    { - (2) The producer members shall be and have been actively
engaged in producing, and the handler members in the handling of,
the commodity for which the commission is established, in this
state, for a period of at least five years, and shall derive a
substantial proportion of their incomes from the sale of the
commodity. - }
   { +  (2) A producer member of a commission must have paid an
assessment adopted by the commission, if any, on the commodity in
each of the preceding three calendar years. A handler member of a
commission must have collected an assessment adopted by the
commission, if any, on the commodity in each of the preceding
three calendar years. + }
  SECTION 34. ORS 576.245 is amended to read:
  576.245. The Director of Agriculture shall immediately declare
the office of any appointed  { + producer or handler + } member
of the commission vacant whenever the director finds that such
member has ceased to be an active producer or handler in this
state, has become a resident of another state or is unable to
perform the duties of office.
  SECTION 35. ORS 576.275 is amended to read:
  576.275.   { - The - }   { + A + } commission   { - shall - }
 { +  may + } establish a meeting place anywhere within this
state   { - it - }  { +  the commission + } selects, but the
selection of the location   { - shall - }  { +  must + } be
guided by consideration for the convenience of the majority of
those  { + persons + } most likely to have business with the
commission or be affected by
  { - its - }  { +  the + } acts { +  of the commission. This
section does not prohibit a commission from participating in
meetings outside this state for purposes of advancing the work of
the commission + }.
  SECTION 36. ORS 576.309 is amended to read:
  576.309.   { - The - }   { + A + } commission may elect to
furnish services, facilities and materials to other commodity
commissions { + , + }   { - created under ORS 576.051 to 576.584
or ORS chapter 578 or 579 and to - }  { +  the Oregon Wheat
Commission, the Oregon Beef Council or other  + }state agencies
and officers under ORS 283.110 { +  to carry out the purposes of
ORS 576.051 to 576.584 + }. Upon requisition by the commission,
any other commodity commission { + , the Oregon Wheat Commission,
the Oregon Beef Council + }   { - created under ORS 576.051 to
576.584 or ORS chapter 578 or 579 - }  or any  { + other + }
state agency or officer may furnish services, facilities and
materials to the commission under ORS 283.110.
  SECTION 37. ORS 576.317 is amended to read:
  576.317. (1) As used in this section, 'intellectual property'
means patents, copyrights, trademarks, inventions, discoveries,
processes, ideas and other similar property, whether or not they
are patentable or copyrightable.
  (2) A commodity commission   { - created - }  { +
established + } under ORS 576.051 to 576.584   { - or ORS chapter
577, 578 or 579 - }  may, consistent with the purposes of the
commission, develop intellectual property that relates to a
commodity or assists  { + in + } the implementation, maintenance
or development of commission programs. A commodity commission may
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 13
 
 
 
take all necessary and proper actions relating to the development
of an intellectual property, including but not limited to
entering into contracts and other agreements and owning,
managing, disposing of or using the intellectual property. A
commodity commission developing intellectual property shall adopt
rules to govern the ownership, management, disposal and use of
intellectual property and other activities of the commission
relating to intellectual property.
  (3) Moneys received by a commodity commission as a result of
the commission's ownership, management, disposal or use of
intellectual property, or other activities of the commission
relating to intellectual property,   { - shall - }  { +  must + }
be deposited to an account established and maintained by the
commission pursuant to ORS 576.375. Moneys deposited under this
section are continuously appropriated to the commodity commission
possessing the account for the purpose of carrying out the
duties, functions and powers of the commission.
  SECTION 38. ORS 576.320 is amended to read:
  576.320. (1)   { - Notwithstanding any other provision of
law, - } Wages or salaries of employees of a commodity commission
 { - created under this chapter or ORS chapter 577, 578 or
579 - }  { +  established under ORS 576.051 to 576.584 + } are
not subject to personnel compensation plans for state employees
established by the Oregon Department of Administrative Services
under ORS 240.235 to 240.250.
  (2)   { - Notwithstanding any other provision of law, - }  A
commodity commission   { - created under this chapter or ORS
chapter 577, 578 or 579 - }   { + established under ORS 576.051
to 576.584 + } is not required to utilize office space furnished
or obtained by the Oregon Department of Administrative Services
as provided in ORS chapter 276.
  (3) The State Department of Agriculture may charge and collect
from each commodity commission   { - created under this chapter
or ORS chapter 577, 578 or 579 - }  { +  established under ORS
576.051 to 576.584 + } an assessment or fee to reimburse the
department for supervisory or administrative functions the
department is required by law to perform with regard to commodity
commissions. The  { +  department shall establish the + } amount
of the assessment or fee
  { - shall be established - }  by rule.
  SECTION 39. ORS 576.325 is amended to read:
  576.325. (1) As used in this section, 'industry average unit
price' means the average unit price for the raw commodity within
the industry. Unless provided otherwise, 'industry average unit
price' includes prices that are calculated using a one-year,
two-year or three-year average and data from the most recent
complete year or years preceding the year of determination.
  (2)(a) A commission may assess, levy and collect an assessment,
the amount of which the commission shall determine, on all units
or animals of the commodity grown or produced in this state, or
procured from   { - its - }  { +  this state's + } rivers or the
offshore waters, but not the Columbia River, for handling within
this state, and sold in commercial channels  { - ; but no such
assessment shall apply to any transaction which occurred prior to
the date the commission order assessing such assessment was
entered - } . { +  A commission may not apply an assessment to a
transaction that occurred prior to the effective date of the
commission rule adopting the assessment. + }
 
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 14
 
 
 
  (b) A commission may assess, levy and collect a differential
assessment, the amount of which the commission shall determine,
based on the intended use, type or variety of the commodity.
  (c) All casual sales of the commodity made by the producer
direct to the consumer   { - shall be - }  { +  are + } exempt
from the assessment.
   { +  (d) A commission may, by rule, define and regulate
handling, processing and casual sales. + }
  (3) The amount of the assessment provided for in subsection (2)
of this section is limited as follows:
  (a) If a commission assesses on a unit basis, the assessment
may not exceed one and one-half percent of the industry average
unit price. The commission may determine the industry average
unit price by considering data and estimates of the United States
Department of Agriculture, Oregon State University or other
reliable sources.
  (b) If a commission assesses on a percentage of dollar value
basis, the assessment may not exceed one and one-half percent of
the dollar value received by a producer for the raw commodity. If
the dollar value received by a producer is not otherwise
determinable, the commission may establish the dollar value based
on the industry average unit price for that year for the raw
commodity.
    { - (4) Notwithstanding subsections (3) and (5) of this
section, a commission may provide for a specific assessment
limit, not to exceed 10 percent of the industry average unit
price or 10 percent of the dollar value received by a producer,
depending on the assessment basis. A commission must establish a
specific assessment limit: - }
    { - (a) In the petition provided for in ORS 576.055; or - }
    { - (b) By a referendum held under ORS 576.555 to
576.575. - }
    { - (5) A commission of livestock producers may, instead of
the levy and assessment procedures provided in subsections (2)
and (3) of this section, provide for an assessment to be levied
and collected against each animal, but the assessment may not
exceed one and one-half percent of the industry average price per
animal received by livestock producers for that year for the same
class of animals unless a greater assessment is specifically
provided as authorized by subsection (4) of this section. The
commission may determine the industry average price per animal
received by producers by considering data and estimates of the
United States Department of Agriculture, Oregon State University
and other reliable sources. - }
   { +  (4) Notwithstanding subsection (3) of this section:
  (a) The maximum assessment by the Oregon Clover Seed Commission
may not exceed one and one-half percent of the industry average
unit price for products within the same market category, if
assessed on a unit basis.
  (b) The maximum assessments by the Oregon Albacore Commission,
the Oregon Orchardgrass Seed Producers Commission and the Oregon
Tall Fescue Commission may not exceed three percent of the
industry average unit price if assessed on a unit basis or three
percent of the value received by a producer for the raw commodity
if assessed on a percentage of dollar value basis.
  (c) The maximum assessment by the Oregon Sweet Cherry
Commission for fresh, brined, canned and frozen cherries may not
exceed four percent of the respective industry average unit
prices for fresh, brined, canned and frozen cherries if assessed
on a unit basis.
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 15
 
 
 
  (d) The maximum assessment by the Oregon Bartlett Pear
Commission may not exceed seven percent of the industry average
unit price if assessed on a unit basis.
  (e) The maximum assessment by the Oregon Processed Vegetable
Commission on a commodity may not exceed 0.5 percent of the
industry average unit price for that commodity if assessed on a
unit basis or 0.5 percent of the dollar value received by a
producer for the commodity if assessed on a percentage of dollar
value basis.
  (f) The maximum assessment by the Oregon Hop Commission may not
exceed two percent of the industry average unit price if assessed
on a unit basis.
  (g) The maximum assessment by the Oregon Sheep Commission may
not exceed five cents per pound on all wool, in the grease basis,
sold through commercial channels. The commission may not adopt an
assessment that is more than one-half cent per pound of wool, in
the grease basis, above the assessment for the previous year. + }
    { - (6) - }  { +  (5) + } A commission shall assess and levy
an assessment under subsections (2) to   { - (5) - }  { +
(4) + } of this section to the producer at the time   { - of
sale - }  { +  and in the manner provided by the commission by
rule + }.   { - The first purchaser shall deduct the assessment
from the amount paid to the producer and remit the assessment to
the commission. Producers that perform the handling or processing
function on all or part of their production of a commodity shall
remit the assessment directly to the commission. - }  { +  The
commission is the owner of a collected assessment. A person who
collects an assessment holds the assessment in trust for the
benefit of the commission and the state and shall remit the
assessment in the time and manner required by the commission
under ORS 576.335.
  (6) Notwithstanding subsection (5) of this section, a
commission may assess, levy and collect an assessment from a
first purchaser at the time and in the manner provided by the
commission by rule. Except as provided in subsection (8) of this
section, the assessment may not exceed the limits described in
subsections (3) and (4) of this section.
  (7) A regional commission may assess, levy and collect an
assessment only on the commodity produced in the counties in
which the regional commission functions.
  (8) Notwithstanding subsections (3) and (4) of this section, a
commodity commission may assess, levy and collect an assessment
in excess of the limits described in subsections (3) and (4) of
this section pursuant to a federal marketing order or agreement.
  (9) A person who believes that the amount of an assessment is
incorrect may apply to the commission for a refund not later than
60 days after the person pays the assessment. + }
  SECTION 40. ORS 576.335 is amended to read:
  576.335.   { - (1) The first purchaser shall make reports to
the commission on forms prescribed by the commission. - }
    { - (2) No first purchaser shall fail to make the report, or
make the report falsely. - }
    { - (3) The commission shall fix dates upon which reports
shall be made thereto by all first purchasers. Upon such dates
all assessment moneys collected by the purchaser shall be turned
over to the commission which shall issue receipts therefor and
make suitable records thereof. - }
   { +  (1) A person responsible for collecting an assessment for
a commission shall make a report to the commission at the time
and in the manner required by the commission. + }
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 16
 
 
 
    { - (4) - }  { +  (2) + }   { - Any first purchaser who - }
 { +  A person responsible for collecting an assessment for a
commission who + } fails to deduct an assessment at the time of
sale shall report and pay { +  the assessment + } to the
commission { + . + }   { - the assessment which was due thereon.
The provisions of ORS 576.355 also apply to - }  A producer
required to report and pay   { - assessments - }  { +  an
assessment is subject to this section + }.
  SECTION 41. ORS 576.351 is amended to read:
  576.351. (1) Each person required to pay  { + or collect + } an
assessment on a commodity under ORS 576.051 to 576.584 shall keep
accurate records sufficient to enable   { - the - }   { + a + }
commission to determine by inspection and audit the accuracy of
assessments paid or due to the commission and of reports made or
due to the commission.
    { - (2) The commission or any person authorized by the
commission may inspect and audit the records referred to in
subsection (1) of this section for the purpose referred to in
subsection (1) of this section. The commission or any person
authorized by the commission may also inspect and audit the
records of a producer who sells a commodity to a first purchaser
if such inspection and audit are necessary for the purpose
referred to in subsection (1) of this section. - }
    { - (3) No person shall refuse to permit an inspection and
audit under subsection (2) of this section during business
hours. - }
   { +  (2) For purposes of determining the accuracy of
assessments paid or due to a commission, the commission or a
person authorized by the commission may:
  (a) Make an inspection during normal business hours of the
business premises of a person required to pay or collect an
assessment; and
  (b) Audit the records of a person required to pay or collect an
assessment.
  (3) For purposes of determining the accuracy of assessments
paid or due to a commission, the commission may issue a subpoena
for the production of any books, records or documents related to
the payment or collection of an assessment to a person required
to pay or collect the assessment.
  (4) If an audit determines that a person is delinquent in the
payment or collection of an assessment, the person shall pay the
cost of the audit, not to exceed an amount equal to the
delinquent assessment. + }
  SECTION 42. { +   + }ORS 576.355 is amended to read:
  576.355.  { + (1) + } In addition to the penalties prescribed
in ORS 576.991, any   { - first purchaser or other - }  person
who delays transmittal of funds beyond the time set by
 { - the - }   { + a + } commission shall pay   { - five - }
 { +  a penalty of 10 + } percent of the amount due   { - for the
first month of delay and one percent of the amount due for each
month of delay thereafter - }   { + and shall also pay one and
one-half percent interest per month on the unpaid balance of the
assessment.
  (2) A commission may waive the penalty and interest described
in subsection (1) of this section upon a showing of good cause.
  (3) Notwithstanding subsection (1) of this section, if an
assessment is collected pursuant to a federal marketing order or
agreement, a commission may establish a penalty or interest rate
that is consistent with that order or agreement + }.
  SECTION 43. ORS 576.365 is amended to read:
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 17
 
 
 
  576.365.  { + (1) + } If any   { - first purchaser, or
other - }  person responsible for { +  the + } transmittal of
 { - the - }  assessment moneys to
  { - the - }  { +  a + } commission  { - , willfully refuses to
turn over - }  { +  fails to relinquish + } assessment moneys
collected, the   { - first purchaser or other - }  person shall
pay   { - an additional fine - }  { +  a penalty + } equal to
twice the amount of the  { + unrelinquished + } assessment moneys
 { - so withheld - } .
   { +  (2) A commission may commence a civil action or utilize
any other available legal or equitable remedy to collect an
assessment or civil penalty, obtain injunctive relief or obtain
specific performance under ORS 576.051 to 576.584.
  (3) If the person responsible for the transmittal of assessment
moneys is a corporation, all directors and officers of the
corporation are personally liable for a failure to relinquish the
assessment moneys collected by the corporation.
  (4) If a commission obtains a favorable judgment in an action
or suit under subsection (2) of this section, the court shall
award the commission costs and reasonable attorney fees.
  (5) Unless the person required to pay an assessment and the
person responsible for collecting the assessment are related
businesses, the department may not collect from the person
required to pay the assessment any amount deducted by the person
responsible for collecting the assessment and due and owing to
the department. + }
  SECTION 44. ORS 576.370 is amended to read:
  576.370. (1) A commodity producer may dispute the amount of a
commodity assessment levied against the producer  { + on a unit
basis + } 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 { +
multiplied by the maximum lawful assessment percentage + }.
  (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 { +  multiplied by the maximum
lawful assessment percentage + }.
  (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
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 18
 
 
 
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.
  SECTION 45. ORS 576.375 is amended to read:
  576.375. (1) All moneys  { + collected or  + }received by any
person from the assessment levied under the authority of ORS
576.325 and all other moneys received by   { - the - }
 { + a + } commission   { - shall - }  { +  must + } be paid to
the authorized agent of the commission  { - . As soon as possible
after the authorized agent receives such moneys, the authorized
agent shall deposit such moneys in one or more separate accounts
in the name of the commission. The commission shall designate
such accounts and such banks or trust companies. - }  { +  and
promptly deposited into an account established by the commission
in a depository bank, as defined in ORS 295.005, that is insured
by the Federal Deposit Insurance Corporation. In a manner
consistent with the requirements of ORS chapter 295, the
chairperson and vice chairperson for a commission shall ensure
that sufficient collateral secures any amount of funds on deposit
that exceeds the limits of the Federal Deposit Insurance
Corporation's coverage. All moneys in the account are
continuously appropriated to the commission making the deposit
for the purpose of carrying out the duties, functions and powers
of the commission. + }
  (2)   { - No - }  Moneys   { - shall - }  { +  may not + } be
withdrawn from or paid out of   { - such accounts - }  { +  the
account + } except upon order of the commission, and upon checks
or other orders upon such accounts signed by the
secretary-treasurer or such other member of the commission as the
commission designates and countersigned by such other member,
officer or employee of the commission as the commission
designates.  { + The commission shall keep + } a receipt, voucher
or other written record, showing clearly the nature and items
covered by each check or other order  { - , shall be kept - } .
    { - (3) All moneys referred to in subsection (1) of this
section shall be used by the commission only for the payment of
the expenses of the commission in carrying out the powers
conferred on the commission. - }
   { +  (3) Subject to approval by the Director of Agriculture, a
commission may invest moneys collected or received by the
commission. Investments made by a commission are:
  (a) Limited to investments described in ORS 294.035;
  (b) Subject to the investments maturity date limitations
described in ORS 294.135; and
  (c) Subject to the conduct prohibitions listed in ORS 294.145.
  (4) Interest earned from any moneys invested by a commission
under subsection (3) of this section is available to the
commission in a manner consistent with the commission's annual
budget. + }
  SECTION 46. ORS 576.420 is amended to read:
  576.420.   { - Except as otherwise provided in ORS 576.415 (1)
or (2), no expenditures - }  { +  An expenditure + } of moneys
for a fiscal year may  { + not + } be made or incurred by or
under the authority of   { - the - }  { +  a + } commission under
ORS 576.051 to 576.584 unless   { - ORS 576.425 and 576.430 are
complied with - }  { +  the commission complies with section 14
of this 2003 Act + }.
  SECTION 47. ORS 576.440 is amended to read:
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 19
 
 
 
  576.440. (1) Except as otherwise provided in subsection (2) of
this section,   { - no expenditures - }  { +  an expenditure + }
of moneys for a fiscal year may { +  not + } be made or incurred
by or under the authority of   { - the - }  { +  a + } commission
under ORS 576.051 to 576.584:
  (a) In excess of the total amount of expenditures estimated for
the fiscal year in the budget adopted for the fiscal year or
 { - , with respect to any major group or category of estimated
expenditures, - }  in excess of the total amount of expenditures
estimated for the major group or category  { + of the
expenditure + } for the fiscal year in the budget adopted for the
fiscal year.
  (b)   { - With respect to any major group or category of
estimated expenditures, - }  For any purpose different than that
indicated by the major group or category   { - for the fiscal
year - }  { +  of the expenditure + } in the budget adopted for
the fiscal year.
  (2)   { - No expenditures - }  { +  An expenditure + } of
moneys for a fiscal year unforeseen at the time the budget is
prepared may  { + not + } be made or incurred by or under the
authority of the commission under ORS 576.051 to 576.584 in
excess of the amount of  { + unforeseen + } expenditures
estimated as provided in   { - ORS 576.435 (3) - }  { +  section
14 of this 2003 Act + }.
  SECTION 48. ORS 576.445 is amended to read:
  576.445. (1) Subject to ORS 576.440 (2), expenditures of moneys
for a fiscal year unforeseen at the time the budget { +  of a
commission + } is prepared may be made or incurred by   { - or
under the authority - }  { +  order + } of the
commission { + . + }   { - under ORS 576.051 to 576.584 by an
order of the commission. The order shall indicate the amount of
the expenditure, the purpose thereof and the facts constituting
the unforeseen nature thereof. - }   { + The order must indicate
the amount and purpose of the expenditure and why the expenditure
was unforeseen. + } At least one copy of the order
 { - shall - }  { +  must + } be filed in the office of the
commission  { - , - }  and   { - shall be - }  available for
public inspection   { - under reasonable circumstances - }  { +
during normal business hours of the commission + }.
  (2) The commission shall send a copy of the order to the
Director of Agriculture. The director shall examine the order and
the budget to which   { - it - }  { +  the order + }
relates { + . + }   { - and, - }   { + The director shall certify
the order + } if the director determines that the form of the
order is in accordance with law, that the facts set forth in the
order and the budget to which   { - it - }  { +  the order + }
relates indicate that the order is in accordance with law, and
that the proposed unforeseen expenditure is appropriate to
accomplish the goals and needs of the commission  { - , shall
certify such determinations on the copy of the order - } .
 { + The director shall immediately notify the commission  + }if
the director   { - and board determine - }   { + determines that
the order is defective  + }because of a failure to comply with
 { - ORS 576.425 or - }   { + section 14 of this 2003 Act, + }
because the final budget  { - , its - }  { +  or the + }
preparation or adoption  { - , - }  { +  of the final budget + }
is defective or { +  because + } estimated expenditures are not
in conformity with statutory requirements  { - , the commission
shall immediately be notified - } . The commission  { - , as soon
as possible, - }  shall  { + promptly + } take   { - such steps
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 20
 
 
 
as are possible and necessary - }  { +  all practicable steps + }
to remedy the defects. The  { +  director shall retain the
 + }certified copy of the order   { - shall be retained by the
director and shall be - }  { +  and make the copy + } available
for public inspection   { - under reasonable circumstances - }
 { +  during normal business hours of the State Department of
Agriculture + }.
  SECTION 49. ORS 576.595 is amended to read:
  576.595.   { - Notwithstanding other laws to the contrary, - }
Any sale of a commodity by a grower or producer is  { - , - }
 { +  a sale in commercial channels + } for the purposes of ORS
576.051 to { +  576.584 and + } 576.991 { +  (2) and (3) + }
 { - , deemed to be a sale in commercial channels - } .
 
                               { +
OREGON BEEF COUNCIL + }
 
  SECTION 50.  { + ORS 577.511 is repealed and section 51 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 51.  { + (1) If the United States Secretary of
Agriculture orders an assessment pursuant to the Beef Promotion
and Research Act of 1985, 7 U.S.C. 2901 to 2918, that applies to
sales of cattle in this state, the Oregon Beef Council may act
pursuant to any authority granted under that order to provide for
collection of the assessment. The council may order the
collection of an assessment under this subsection only on cattle
sold for payment that are subject to the federal assessment order
and for which the assessment has not otherwise been paid. The
council may collect the federal assessment on cattle that are
exempt from the brand inspection fee under ORS 604.066 (3).
  (2) In addition to any assessment collected under subsection
(1) of this section or any fee for brand inspection services, the
council, by rule, may levy an assessment, not to exceed 50 cents
per head, on the same cattle, cattle hides and calves for which
the council makes brand inspections and collects brand inspection
fees.
  (3) The operator of a stockyard, slaughterhouse, packing plant
or livestock auction market shall deduct any assessment ordered
collected by the council pursuant to subsection (1) or (2) of
this section from the proceeds of sale owed to the operator by
the owner of an animal. The operator shall pay the assessment to
the State Department of Agriculture. When the operator provides a
written statement of sale proceeds to the owner of an animal, the
operator shall include a statement of the amount deducted from
the proceeds for state and federal assessments and for brand
inspection services.
  (4) The department shall act as agent for the council to
collect any assessment ordered collected by the council pursuant
to subsection (1) or (2) of this section and any brand inspection
fees on cattle or cattle hides adopted by department rule
pursuant to ORS 604.066. The department shall collect any
assessment that the council orders collected under subsection (1)
or (2) of this section in the same time, manner and place that
the department collects brand inspection fees on cattle, cattle
hides and calves.  This subsection does not apply to:
  (a) Cattle and calves leaving this state solely for the purpose
of pasturing in another state;
  (b) Cattle presented at a recognized livestock show or rodeo;
  (c) Cattle presented at a livestock auction market but not
sold;
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 21
 
 
 
  (d) Cattle delivered outside this state, provided ownership of
the cattle remains unchanged;
  (e) Cattle slaughtered for personal consumption; and
  (f) Cattle resold within 10 days after purchase.
  (5) The department shall transfer or pay to the council, not
less frequently than once every two months, the amounts collected
by the department on behalf of the council, reduced by:
  (a) The collection and administrative costs to the department
in carrying out the requirements of this section, as determined
by the department; and
  (b) Refunds by the department of amounts improperly collected
under this section.
  (6) A person who believes that an assessment collected from the
person under this section is incorrect may apply to the
department for a refund not later than 60 days after the
department collects the assessment.
  (7) To the extent consistent with this section, the council
shall assess, levy and collect an assessment under this section
using the same process used by a commodity commission under ORS
576.325 for the assessment, levying and collection of an
assessment on an agricultural commodity. + }
  SECTION 52.  { + Sections 53 to 58 of this 2003 Act are added
to and made a part of ORS 577.110 to 577.605. + }
  SECTION 53.  { + The Oregon Beef Council may cancel an
uncollectible assessment consistent with ORS 293.240. Subsequent
collection of debt written off under ORS 293.240 is governed by
ORS 293.245. + }
  SECTION 54.  { + The Oregon Beef Council shall:
  (1) Adopt a budget, obtain budget approval and submit financial
statements in the same manner as a commodity commission acting
under section 14 of this 2003 Act.
  (2) Receive, deposit, invest, expend and budget moneys in the
same manner as a commodity commission acting under ORS 576.375,
576.420, 576.440 and 576.445. + }
  SECTION 55.  { + (1) The State Department of Agriculture shall:
  (a) Monitor the practices or methods used or proposed for use
by the Oregon Beef Council in carrying out the goals and needs
disclosed by the budget of the council;
  (b) Promote cooperation among the council, commodity
commissions and the Oregon Wheat Commission and assist in the
interchange of information and experience among those entities;
  (c) Carry out the assigned organizational procedures under ORS
577.110 to 577.605, including the appointment and removal of
members of the council;
  (d) Review budgets submitted to the Director of Agriculture by
the council; and
  (e) Adopt rules to carry out the provisions of ORS 577.110 to
577.605.
  (2) The department shall review, and may approve or disapprove,
plans and projects recommended by the council for beef promotion,
advertising and research and for the dissemination of consumer
and beef industry information. In reviewing plans and projects
recommended by the council, the department shall consider whether
the plan or project information is:
  (a) Factual;
  (b) Not disparaging to agricultural commodities; and
  (c) Consistent with the purposes of ORS 577.110 to 577.605. + }
  SECTION 56.  { + (1) As used in this section, 'intellectual
property' means patents, copyrights, trademarks, inventions,
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 22
 
 
 
discoveries, processes, ideas and other similar property, whether
or not they are patentable or copyrightable.
  (2) The Oregon Beef Council may, consistent with the purposes
of the council, develop intellectual property that relates to
beef or assists in the implementation, maintenance or development
of council programs. The council may take all necessary and
proper actions relating to the development of an intellectual
property, including but not limited to entering into contracts
and other agreements and owning, managing, disposing of or using
the intellectual property. The council may adopt rules to govern
the ownership, management, disposal and use of intellectual
property and other activities of the council relating to
intellectual property.
  (3) Moneys received by the council as a result of the
ownership, management, disposal or use of intellectual property,
or other activities of the council relating to intellectual
property, must be deposited to an account established and
maintained by the council. + }
  SECTION 57.  { + (1) Wages or salaries of employees of the
Oregon Beef Council are not subject to personnel compensation
plans for state employees established by the Oregon Department of
Administrative Services under ORS 240.235 to 240.250.
  (2) The council is not required to utilize office space
furnished or obtained by the Oregon Department of Administrative
Services as provided in ORS chapter 276.
  (3) The State Department of Agriculture may charge and collect
from the council an assessment or fee to reimburse the department
for supervisory or administrative functions the department is
required by law to perform with regard to the council. The State
Department of Agriculture shall establish the amount of the
assessment or fee by rule. + }
  SECTION 58.  { + (1) Violation of ORS 577.520 is punishable,
upon conviction, by a fine of not more than $500, or by
imprisonment in the county jail for not more than 90 days, or
both.
  (2) Justice courts have concurrent jurisdiction with circuit
courts in all prosecutions under this section. + }
  SECTION 59.  { + (1) The Oregon Beef Council shall conduct a
survey of producers who pay assessments to the council. The
survey must be designed to solicit information regarding the
effectiveness of programs administered and enforced by the
council. The council shall use the survey information to
determine the desirability of:
  (a) Petitioning the federal government to permit refunds of all
or part of an assessment upon request; and
  (b) Recommending legislation to remove plans and projects
recommended by the council from State Department of Agriculture
review and approval or disapproval under section 55 of this 2003
Act.
  (2) The council shall complete the survey required by this
section on or before January 1, 2005. The council shall make the
results of the survey available to the producers who paid an
assessment to the council during the fiscal year in which the
survey is completed. + }
  SECTION 59a.  { + Section 59 of this 2003 Act is repealed
January 2, 2006. + }
  SECTION 60. ORS 577.210 is amended to read:
  577.210.  { + (1) As used in this section:
  (a) 'Beef producers' means persons who raise, breed or grow
cattle or calves for beef production.
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 23
 
 
 
  (b) 'Dairy producers' means persons engaged in the production
on a dairy farm of fluid milk.
  (c) 'Handler' means a person actively engaged in the
processing, slaughtering, handling or marketing of cattle. + }
    { - (1) - }   { + (2) + } There hereby is created the Oregon
Beef Council  { - . - }
    { - (2) The council shall be - }  composed of:
  (a) Two dairy producers.   { - For the purpose of this
paragraph, ' dairy producer' means a person engaged in the
production on a dairy farm of fluid milk. - }
  (b) Three beef producers.   { - For the purpose of this
paragraph, ' beef producer' means a person who raises, breeds or
grows cattle or calves for beef production. - }
  (c) One person actively engaged in the business of feeding
cattle and usually operating a feedlot.
  (d) One handler.   { - For the purpose of this paragraph, '
handler' means a person actively engaged in processing,
slaughtering, handling or marketing of cattle. - }
   { +  (e) One public member not associated with the producing,
feeding or handling of cattle and having an active interest in
the positive economic development of the beef industry. + }
  (3) The Director of Agriculture shall appoint the
 { + voting + } members of the council. In making such
appointments, the director shall take into consideration
nominations and recommendations made to the director by
organizations who represent or who are engaged in the same type
of production or business as the person so nominated or
recommended for appointment as a member of the council. Each
member shall continue in office until a successor is appointed
and qualified.
  (4) The director { + , or a duly authorized representative of
the director, + } and the Dean of the College of Agricultural
Sciences of Oregon State University,   { - or their respective
official representative, - }  { +  or a duly authorized
representative of the dean, + } shall be ex officio members of
the council, without the right to vote.
   { +  (5) The public member of the council, the director and
the dean, or the authorized representative of the director or the
dean, are not subject to the requirements of ORS 577.220 (3) and
(4) and 577.240 (1). + }
  SECTION 61. ORS 577.210, as amended by section 60 of this 2003
Act, is amended to read:
  577.210. (1) As used in this section:
  (a) 'Beef producers' means persons who raise, breed or grow
cattle or calves for beef production.
  (b) 'Dairy producers' means persons engaged in the production
on a dairy farm of fluid milk.
  (c) 'Handler' means a person actively engaged in the
processing, slaughtering, handling or marketing of cattle.
  (2) There hereby is created the Oregon Beef Council composed
of:
  (a) Two dairy producers.
  (b) Three beef producers.
  (c) One person actively engaged in the business of feeding
cattle and usually operating a feedlot.
  (d) One handler.
    { - (e) One public member not associated with the producing,
feeding or handling of cattle and having an active interest in
the positive economic development of the beef industry. - }
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 24
 
 
 
  (3) The Director of Agriculture shall appoint the voting
members of the council. In making such appointments, the director
shall take into consideration nominations and recommendations
made to the director by organizations who represent or who are
engaged in the same type of production or business as the person
so nominated or recommended for appointment as a member of the
council. Each member shall continue in office until a successor
is appointed and qualified.
  (4) The director, or a duly authorized representative of the
director, and the Dean of the College of Agricultural Sciences of
Oregon State University, or a duly authorized representative of
the dean, shall be ex officio members of the council, without the
right to vote.
  (5) The   { - public member of the council, the - }  director
and the dean, or the authorized representative of the director or
the dean, are not subject to the requirements of ORS 577.220 (3)
and (4) and 577.240 (1).
  SECTION 62.  { + The amendments to ORS 577.210 by section 61 of
this 2003 Act become operative March 1, 2009. + }
  SECTION 63. ORS 577.270 is amended to read:
  577.270.  { + (1) + } The Oregon Beef Council shall establish a
meeting place anywhere within this state, but the selection of
the location shall be guided by consideration for the convenience
of the majority of those most likely to have business with the
council or be affected by   { - its - }  { +  the + } acts { +
of the council + }.
   { +  (2) Notwithstanding subsection (1) of this section, the
council may participate in meetings outside the state for the
purpose of advancing the work of the council. + }
  SECTION 64. ORS 577.290 is amended to read:
  577.290.  { + (1) + } The Oregon Beef Council may:
    { - (1) - }  { +  (a) + } Conduct scientific research to
discover and develop the commercial value of beef and products
thereof.
    { - (2) - }  { +  (b) + } Disseminate reliable information
founded upon the research undertaken under ORS 577.110 to
577.605, showing the value of beef and its products for any
purpose for which they may be found useful and profitable.
    { - (3) - }  { +  (c) + } Study legislation, state and
federal, with respect to tariffs, duties, reciprocal trade
agreements, import quotas and other matters concerning the effect
on the beef industry, and represent and protect the interests of
the beef industry with respect to any legislation or proposed
legislation or executive action which may affect that industry.
    { - (4) Sue and be sued as a council, without individual
liability for acts of the council within the scope of the powers
conferred upon it by ORS 577.110 to 577.605. - }
    { - (5) Enter into contracts which it deems appropriate to
the carrying out of the purposes of the council as authorized by
ORS 577.110 to 577.605. - }
    { - (6) Borrow money, not in excess of its estimate of its
revenue from the current year's contributions, so that the beef
responsible for the accumulation of funds may receive the
benefits of the efforts for which the funds are used. - }
    { - (7) Make grants to research agencies for financing
special or emergency studies or for the purchase or acquisition
of facilities necessary to carry out the purposes of the council
as authorized by ORS 577.110 to 577.605. - }
 
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 25
 
 
 
    { - (8) Appoint subordinate officers and employees of the
council and prescribe their duties and fix their
compensation. - }
    { - (9) Cooperate with any local, state or nationwide
organization or agencies, whether created by law or voluntary,
engaged in work or activities similar to that of the council; and
enter into contracts with such organizations or agencies for
carrying on joint programs. - }
    { - (10) - }   { + (d)  + }Act jointly and in cooperation
with the federal government or any agency thereof in the
administration of any program of the government or a governmental
agency deemed by the council to be beneficial to the beef
industry of this state, and expend funds in connection therewith,
provided that such program is compatible with the powers
conferred by ORS 577.110 to 577.605.
    { - (11) Adopt, rescind, modify or amend all proper
regulations, orders and resolutions for the exercise of its
powers and duties.  A copy of any of the council's orders, other
than orders referred to in ORS 577.460 and 577.540, shall be
filed with the State Department of Agriculture, and a copy mailed
to the county extension agent of the counties in which the beef
is produced. - }
    { - (12) - }  { +  (e) + } Enter into contracts for
advertising beef and to develop new markets through such
advertising.
    { - (13) Establish a reasonable per diem allowance, in
addition to expenses under ORS 577.260, to members of the council
while actually engaged in the performance of their official
duties, including necessary travel time. - }
    { - (14) - }  { +  (f) + } Develop plans or projects of
promotion and advertising, research, consumer information and
industry information, and develop programs that will lead to the
development of new markets, marketing strategies, increased
efficiency and activities to enhance the image of the cattle
industry.
   { +  (2) In addition to exercising the powers listed in
subsection (1) of this section, the council may exercise the same
powers that a commodity commission may exercise under section 8
of this 2003 Act. + }
  SECTION 65. ORS 577.310 is amended to read:
  577.310. From the contributions it receives, the Oregon Beef
Council may pay  { - , as authorized by ORS 577.290, - }  20
percent of such moneys to the National Livestock and Meat Board
and 20 percent of such moneys to the National Beef Council to
carry out certain work and programs for and as approved by the
council on a national basis.
  SECTION 66. ORS 577.320 is amended to read:
  577.320. (1) Upon request by the Oregon Beef Council, the
Oregon Department of Administrative Services may  { - : - }  { +
provide the same services that the department may provide to a
commodity commission under ORS 576.307. + }
    { - (a) Purchase or otherwise provide for the acquisition or
furnishing of supplies, materials, equipment and services other
than personal required by the council and for the furnishing of
professional services rendered by independent contractors with
the state to the council under ORS 279.545 to 279.748. - }
    { - (b) Provide for the furnishing of printing and multiple
duplication work to the council under ORS 282.010 to 282.050,
except that printing and binding which advertises or promotes
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 26
 
 
 
products, agricultural or manufactured, shall not be considered
state printing. - }
    { - (c) Provide for the furnishing of services relating to
the disposition of surplus, obsolete or unused supplies,
materials and equipment to the council under ORS 279.828. - }
    { - (d) Provide for the furnishing of central telephone
service and central mail or messenger services to the council
under ORS 283.140. - }
    { - (e) Provide for the furnishing of central repair and
maintenance services to the council under ORS 283.150. - }
    { - (f) Provide for the furnishing of clerical and
stenographic pool services to the council under ORS 283.160. - }
    { - (g) Provide for the furnishing of motor vehicles for use
by members, officers and employees of the council under ORS
283.305 to 283.350. - }
  (2) The council shall pay to the Oregon Department of
Administrative Services such amount for services performed by the
department under subsection (1) of this section as the department
determines is adequate to reimburse   { - it - }  { +  the
department + } for the costs necessary to perform such services.
  (3) Upon request by the council, the Oregon Department of
Administrative Services may design and supervise the installation
of an accounting system for the council. The council shall pay to
the Oregon Department of Administrative Services such amount for
services performed by that department under this subsection as
such department determines is adequate to reimburse it for the
costs necessary to perform such services.
  SECTION 67. ORS 577.330 is amended to read:
  577.330. The Oregon Beef Council may elect to furnish services,
facilities and materials to commodity commissions created under
ORS 576.051 to 576.584 { + , + }   { - or ORS chapter 578 or 579
and to - }   { + the Oregon Wheat Commission or other + } state
agencies and officers under ORS 283.110.   { - Upon requisition
by the council, any commodity commission created under ORS
576.051 to 576.584 or ORS chapter 578 or 579 or any state agency
or officer may furnish services, facilities and materials to the
council under ORS 283.110. - }
  SECTION 68. ORS 577.520 is amended to read:
  577.520. (1) The operators of all stockyards, slaughterhouses,
packing plants and livestock auction markets shall deduct from
the proceeds of sale owing by them to the respective owners of
animals the assessments authorized by   { - ORS 577.511 - }  { +
section 51 of this 2003 Act + }.
  (2) When an operator sends or gives any written statement to an
owner or agent relating to the proceeds owing the owner, the
operator shall include a statement of the amount deducted from
the proceeds for Oregon Beef Council purposes, the amount
deducted from the proceeds for federal assessments, and the
amount deducted from the proceeds for brand inspection services.
  (3) In accordance with the provisions of law, operators shall
promptly pay directly to the State Department of Agriculture all
contributions collected by them.
 
                               { +
OREGON WHEAT COMMISSION + }
 
  SECTION 69.  { + Sections 70, 77, 82, 85 and 86 of this 2003
Act are added to and made a part of ORS chapter 578. + }
  SECTION 70.  { + The Legislative Assembly validates and
ratifies all actions by the Oregon Wheat Commission, and by the
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 27
 
 
 
officers and employees thereof, taken pursuant to statutory
authority after the creation of the commission by ORS 578.030 and
prior to the effective date of this 2003 Act. + }
  SECTION 71.  { + ORS 578.150 is repealed and section 72 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 72.  { + The Oregon Wheat Commission shall:
  (1) Adopt a budget, obtain budget approval and submit financial
statements in the same manner as a commodity commission acting
under section 14 of this 2003 Act.
  (2) Receive, deposit, invest, expend and budget moneys in the
same manner as a commodity commission acting under ORS 576.375,
576.420, 576.440 and 576.445. + }
  SECTION 73.  { + ORS 578.180 is repealed and section 74 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 74.  { + The Oregon Wheat Commission may cancel an
uncollectible assessment consistent with ORS 293.240. Subsequent
collection of debt written off under ORS 293.240 is governed by
ORS 293.245. + }
  SECTION 75.  { + ORS 578.210 is repealed and section 76 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 76.  { + (1)(a) The Oregon Wheat Commission may assess,
levy and collect an assessment, the amount of which the
commission shall determine, on all units of wheat grown or
produced in this state and sold in commercial channels. The
commission may not apply an assessment to any transaction that
occurred prior to the date that the commission order assessing
the assessment was entered.
  (b) The commission may assess, levy and collect a differential
assessment, the amount of which the commission shall determine,
based on the intended use, type or variety of wheat.
  (c) All casual sales of wheat made by the producer direct to
the consumer are exempt from the assessment.
  (d) The commission may, by rule, define and regulate handling,
processing and casual sales.
  (2) The commission shall assess and levy an assessment under
subsection (1) of this section to the producer at the time and in
the manner prescribed by the commission by rule. The commission
is the owner of a collected assessment. A person who collects an
assessment holds the assessment in trust for the benefit of the
commission and the state and shall remit the assessment in the
time and manner prescribed by the commission by rule. The
assessment shall be deducted as provided by this section whether
the wheat is stored in this or another state.
  (3) A lienholder who possesses wheat under the lien shall
deduct the assessment from the proceeds of the claim secured by
the lien when the wheat is pledged or mortgaged.
  (4) Notwithstanding subsection (2) of this section, the
commission may assess and levy an assessment and collect an
assessment from a first purchaser at the time and in the manner
prescribed by the commission by rule.
  (5) A person who believes that the amount of an assessment is
incorrect may apply to the commission within 60 days after paying
the assessment for a refund of the excess amount paid.
  (6) An assessment under this section is a lien on the wheat and
has priority over other liens or encumbrances on the wheat except
liens created by a statute of this state.
  (7) The commission may, by rule, establish exemptions from
assessment based on:
  (a) Wheat quantities;
  (b) Types of wheat sale; and
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 28
 
 
 
  (c) Types of wheat producer. + }
  SECTION 77.  { + (1) In addition to any refund permitted under
section 76 of this 2003 Act, the Oregon Wheat Commission may
adopt rules that provide for the commission to refund all or part
of an assessment on wheat upon request of the person paying the
assessment. A rule adopted under this subsection may not provide
for the commission to refund less than the portion of the
assessment used by the commission for advertising and product
promotion.
  (2) If the commission adopts rules pursuant to subsection (1)
of this section, plans and projects recommended by the commission
are exempt from State Department of Agriculture review and
approval or disapproval under section 82 (2) of this 2003
Act. + }
  SECTION 78. Section 77 of this 2003 Act is amended to read:
   { +  Sec. 77. + }   { - (1) - }  In addition to any refund
permitted under section 76 of this 2003 Act, the Oregon Wheat
Commission may adopt rules that provide for the commission to
refund all or part of an assessment on wheat upon request of the
person paying the assessment. A rule adopted under this
subsection may not provide for the commission to refund less than
the portion of the assessment used by the commission for
advertising and product promotion.
    { - (2) If the commission adopts rules pursuant to subsection
(1) of this section, plans and projects recommended by the
commission are exempt from State Department of Agriculture review
and approval or disapproval under section 82 (2) of this 2003
Act. - }
  SECTION 79.  { + The amendments to section 77 of this 2003 Act
by section 78 of this 2003 Act become operative March 1,
2009. + }
  SECTION 80.  { + ORS 578.250 is repealed and section 81 of this
2003 Act is enacted in lieu thereof. + }
  SECTION 81.  { + (1) A person required to pay an assessment to
the Oregon Wheat Commission shall keep records in the same manner
as required by ORS 576.351 for a person required to pay an
assessment to a commodity commission.
  (2) The commission or a person authorized by the commission may
inspect and audit records, issue subpoenas and require payment
for the cost of audits in the same manner as a commodity
commission or person authorized by a commodity commission under
ORS 576.351. + }
  SECTION 82.  { + (1) The State Department of Agriculture shall:
  (a) Monitor the practices or methods used or proposed for use
by the Oregon Wheat Commission in carrying out the goals and
needs disclosed by the budget of the commission;
  (b) Promote cooperation among the commission, commodity
commissions and the Oregon Beef Council and assist in the
interchange of information and experience among those entities;
  (c) Carry out the assigned organizational procedures under this
chapter, including the appointment and removal of members of the
commission;
  (d) Review budgets submitted to the Director of Agriculture by
the commission; and
  (e) Adopt rules to carry out the provisions of this chapter.
  (2) Except as provided in section 77 of this 2003 Act, the
department shall review, and may approve or disapprove, plans and
projects recommended by the commission for wheat promotion,
advertising and research and for the dissemination of consumer
and wheat industry information. In reviewing plans and projects
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 29
 
 
 
recommended by the commission, the department shall consider
whether the plan or project information is:
  (a) Factual;
  (b) Not disparaging to commodities; and
  (c) Consistent with the purposes of this chapter. + }
  SECTION 83. Section 82 of this 2003 Act is amended to read:
   { +  Sec. 82. + }   { - (1) - }  The State Department of
Agriculture shall:
    { - (a) - }  { +  (1) + } Monitor the practices or methods
used or proposed for use by the Oregon Wheat Commission in
carrying out the goals and needs disclosed by the budget of the
commission;
    { - (b) - }  { +  (2) + } Promote cooperation among the
commission, commodity commissions and the Oregon Beef Council and
assist in the interchange of information and experience among
those entities;
    { - (c) - }  { +  (3) + } Carry out the assigned
organizational procedures under this chapter, including the
appointment and removal of members of the commission;
    { - (d) - }  { +  (4) + } Review budgets submitted to the
Director of Agriculture by the commission; and
    { - (e) - }  { +  (5) + } Adopt rules to carry out the
provisions of this chapter.
    { - (2) Except as provided in section 77 of this 2003 Act,
the department shall review, and may approve or disapprove, plans
and projects recommended by the commission for wheat promotion,
advertising and research and for the dissemination of consumer
and wheat industry information. In reviewing plans and projects
recommended by the commission, the department shall consider
whether the plan or project information is: - }
    { - (a) Factual; - }
    { - (b) Not disparaging to commodities; and - }
    { - (c) Consistent with the purposes of this chapter. - }
  SECTION 84.  { + The amendments to section 82 of this 2003 Act
by section 83 of this 2003 Act become operative March 1,
2009. + }
  SECTION 85.  { + (1) As used in this section, 'intellectual
property' means patents, copyrights, trademarks, inventions,
discoveries, processes, ideas and other similar property, whether
or not they are patentable or copyrightable.
  (2) The Oregon Wheat Commission may, consistent with the
purposes of the commission, develop intellectual property that
relates to wheat or assists in the implementation, maintenance or
development of commission programs. The commission may take all
necessary and proper actions relating to the development of an
intellectual property, including but not limited to entering into
contracts and other agreements and owning, managing, disposing of
or using the intellectual property. The commission may adopt
rules to govern the ownership, management, disposal and use of
intellectual property and other activities of the commission
relating to intellectual property.
  (3) Moneys received by the commission as a result of the
ownership, management, disposal or use of intellectual property,
or other activities of the commission relating to intellectual
property, must be deposited to an account established and
maintained by the commission. + }
  SECTION 86.  { + (1) Wages or salaries of employees of the
Oregon Wheat Commission are not subject to personnel compensation
plans for state employees established by the Oregon Department of
Administrative Services under ORS 240.235 to 240.250.
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 30
 
 
 
  (2) The commission is not required to utilize office space
furnished or obtained by the Oregon Department of Administrative
Services as provided in ORS chapter 276.
  (3) The State Department of Agriculture may charge and collect
from the commission an assessment or fee to reimburse the
department for supervisory or administrative functions the
department is required by law to perform with regard to the
commission. The department shall establish the amount of the
assessment or fee by rule. + }
  SECTION 87. ORS 578.020 is amended to read:
  578.020.  { + (1) The Legislative Assembly finds and declares
that:
  (a)  + }It is   { - to - }  { +  in + } the interest of all the
people that the abundant natural resources of Oregon be
protected, fully developed and uniformly distributed.
   { +  (b) + }   { - Among the agricultural industries of the
state that contribute - }   { + The growing of wheat is an
agricultural industry that contributes  + }to the economic
welfare of Oregon   { - is the growing of wheat - } .
   { +  (c) + } Because a surplus of wheat is grown in this state
and, during recurrent years, that surplus has been in excess of
all available markets, it is necessary  { + that additional
markets for wheat be found + } in order to provide profitable
enterprises for wheat growers and to provide employment for labor
and industry dependent upon wheat  { - , that additional markets
be found - } .
   { +  (2) + }   { - It is - }  The purpose of this chapter
 { - , in the exercise of the police power, - }  { +  is + } to
promote the public health and welfare by providing means for the
protection and stabilization of the wheat industry in this state.
  SECTION 88. ORS 578.030 is amended to read:
  578.030. (1) There hereby is created the Oregon Wheat
Commission { +  consisting of eight members + }.   { - The
commission shall consist of five members who shall be appointed
by the Director of Agriculture and shall hold office for a term
of five years. - }   { + The Director of Agriculture shall
appoint six voting commission members for terms of four years.
One member appointed by the director must be a member of the
public not associated with the production or handling of wheat
and having an active interest in the positive economic
development of the wheat industry.  + }In making  { +  the other
five + } appointments of  { + voting + } members of the
commission the director shall take into consideration any
nominations or recommendations made to the director by growers or
growers' organizations.
  (2) The director, or a duly authorized representative of the
director, and the Dean of the College of Agricultural Sciences of
Oregon State University, or a duly authorized representative of
the dean, shall be ex officio members, without vote, of the
commission.   { - Subsection (1) of this section, ORS 578.040,
578.050 and 578.060 (1) do not apply to ex officio members. - }
  SECTION 89. ORS 578.030, as amended by section 88 of this 2003
Act, is amended to read:
  578.030. (1) There hereby is created the Oregon Wheat
Commission consisting of   { - eight - }  { +  seven + } members.
The Director of Agriculture shall appoint   { - six - }
 { + five + } voting commission members for terms of four years.
 { - One member appointed by the director must be a member of the
public not associated with the production or handling of wheat
and having an active interest in the positive economic
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 31
 
 
 
development of the wheat industry. - }  In making the   { - other
five - }  appointments of voting members of the commission the
director shall take into consideration any nominations or
recommendations made to the director by growers or growers'
organizations.
  (2) The director, or a duly authorized representative of the
director, and the Dean of the College of Agricultural Sciences of
Oregon State University, or a duly authorized representative of
the dean, shall be ex officio members, without vote, of the
commission.
  SECTION 90.  { + The amendments to ORS 578.030 by section 89 of
this 2003 Act become operative March 1, 2009. + }
  SECTION 91.  { + Notwithstanding any original term of
appointment, the term of office for an appointed member of the
Oregon Wheat Commission holding office on the effective date of
this 2003 Act shall expire on the later of the effective date of
this 2003 Act or four years after commencement of the term of
office being served by the member on the effective date of this
2003 Act.  Notwithstanding ORS 578.030, the Director of
Agriculture may reduce the term of office for a person first
appointed to the commission after the effective date of this 2003
Act for the purpose of preventing the expiration of more than two
terms of office in any one year. + }
  SECTION 92. ORS 578.040 is amended to read:
  578.040. (1)  { + The voting + } members of the Oregon Wheat
Commission shall be selected and appointed because of their
ability and disposition to serve the state's interest and their
knowledge of the state's natural resources.  { + Voting + }
members   { - shall be citizens over 25 years of age, residents
of the - }   { + other than the member of the public must be
citizens residing in this + } state, who have been actually
engaged in growing wheat in this state for at least five years
 { - , and who derive a substantial portion of their income from
growing wheat - } .
  (2) Three of the members shall be residents of and have farming
operations in that part of the Columbia Basin comprising the
following counties: Umatilla, Morrow, Gilliam, Sherman, Wasco and
Jefferson. One of the members shall be a resident of and have a
farming operation in the territory comprised of the other
counties lying east of the summit of the Cascade Mountains. One
member shall be a resident of and have a farming operation in the
territory lying west of the summit of the Cascade Mountains.
  SECTION 93. ORS 578.040, as amended by section 92 of this 2003
Act, is amended to read:
  578.040. (1) The voting members of the Oregon Wheat Commission
shall be selected and appointed because of their ability and
disposition to serve the state's interest and their knowledge of
the state's natural resources. Voting members   { - other than
the member of the public - }  must be citizens residing in this
state, who have been actually engaged in growing wheat in this
state for at least five years.
  (2) Three of the members shall be residents of and have farming
operations in that part of the Columbia Basin comprising the
following counties: Umatilla, Morrow, Gilliam, Sherman, Wasco and
Jefferson. One of the members shall be a resident of and have a
farming operation in the territory comprised of the other
counties lying east of the summit of the Cascade Mountains. One
member shall be a resident of and have a farming operation in the
territory lying west of the summit of the Cascade Mountains.
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 32
 
 
 
  SECTION 94.  { + The amendments to ORS 578.040 by section 93 of
this 2003 Act become operative March 1, 2009. + }
  SECTION 95. ORS 578.080 is amended to read:
  578.080.  { + (1) + } The Oregon Wheat Commission shall meet at
least once every three months regularly and at such other times
as called by the chairperson. The chairperson   { - shall - }
 { +  may + } call special meetings of the commission at any
time.
   { +  (2) The commission may participate in meetings outside
this state for the purpose of advancing the work of the
commission. + }
  SECTION 96. ORS 578.090 is amended to read:
  578.090. (1) Consistent with the general purposes of this
chapter, the Oregon Wheat Commission shall establish the policies
to be followed in the accomplishments of such purposes.
  (2) In the administration of this chapter the commission
  { - shall have - }  { +  has + } the following duties,
authorities and powers:
  (a) To conduct a campaign of research, education and publicity.
  (b) To find new markets for wheat and wheat products.
  (c) To give, publicize and promulgate reliable information
showing the value of wheat and wheat products for any purpose for
which it is found useful and profitable.
  (d) To make public and encourage the widespread national and
international use of the special kinds of wheat and wheat
products produced from the special varieties of wheat grown in
Oregon.
  (e) To investigate and participate in studies of the problems
peculiar to the producers of wheat in Oregon.
  (f) To take such action as the commission deems necessary or
advisable in order to stabilize and protect the wheat industry of
the state and the health and welfare of the public.
    { - (g) To sue and be sued. - }
    { - (h) To enter into such contracts as may be necessary or
advisable. - }
    { - (i) To appoint and employ officers, agents and other
personnel, including experts in agriculture and the publicizing
of the products thereof, and to prescribe their duties and fix
their compensation. - }
    { - (j) To make use of such advertising means and methods as
the commission deems advisable and to enter into contracts and
agreements for research and advertising within and without the
state. - }
    { - (k) To cooperate with any local, state or national
organization or agency, whether voluntary or created by the law
of any state or by national law, engaged in work or activities
similar to the work and activities of the commission, and to
enter into contracts and agreements with such organizations or
agencies for carrying on a joint campaign of research, education
and publicity. - }
    { - (L) - }  { +  (g) + } To lease, purchase or own the real
or personal property deemed necessary in the administration of
this chapter.
    { - (m) To prosecute in the name of the State of Oregon, any
suit or action for the collection of the assessment provided for
in ORS 578.210. - }
    { - (n) To adopt, rescind, modify and amend all necessary and
proper orders, resolutions and regulations for the procedure and
exercise of its powers and the performance of its duties. - }
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 33
 
 
 
    { - (o) - }  { +  (h) + } To establish a reasonable per diem
allowance, in addition to expenses under ORS 578.060, to members
of the commission while actually engaged in the performance of
their official duties, including necessary travel time.
   { +  (3) In addition to exercising the powers listed in
subsection (2) of this section, the commission may exercise the
same powers that a commodity commission may exercise under
section 8 of this 2003 Act. + }
  SECTION 97. ORS 578.160 is amended to read:
  578.160.  { + (1) + } ORS 576.307   { - and 576.309 are - }
 { + is + } applicable to the Oregon Wheat Commission.
   { +  (2) The Oregon Wheat Commission may elect to furnish
services, facilities and materials to commodity commissions
created under ORS 576.051 to 576.584, the Oregon Beef Council or
other state agencies and officers under ORS 283.110. + }
 
                               { +
CONFORMING AMENDMENTS TO OREGON REVISED STATUTES + }
 
  SECTION 98. ORS 192.501 is amended to read:
  192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
  (1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
  (2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
  (3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim.  Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
  (a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
  (b) The offense with which the arrested person is charged;
  (c) The conditions of release pursuant to ORS 135.230 to
135.290;
  (d) The identity of and biographical information concerning
both complaining party and victim;
  (e) The identity of the investigating and arresting agency and
the length of the investigation;
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 34
 
 
 
  (f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
  (g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
  (4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
  (5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
  (6) Information relating to the appraisal of real estate prior
to its acquisition;
  (7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
  (8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850;
  (9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
  (10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
  (11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
  (12) A personnel discipline action, or materials or documents
supporting that action;
  (13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
  (14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
  (15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 35
 
 
 
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
  (a) The original data, including but not limited to numbers,
text, voice, graphics and images;
  (b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
  (c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
  (16) Data and information provided by participants to mediation
under ORS 36.256;
  (17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
  (18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared and used by a law
enforcement agency, if public disclosure thereof would endanger
the life or physical safety of a citizen or law enforcement
officer or jeopardize the law enforcement activity involved;
  (19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.010, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
  (b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications carrier, as
defined in ORS 133.721;
  (20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
  (21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005 by
applicants for and recipients of loans, grants and tax credits:
  (a) Personal and corporate financial statements and
information, including tax returns;
  (b) Credit reports;
  (c) Project appraisals;
  (d) Market studies and analyses;
  (e) Articles of incorporation, partnership agreements and
operating agreements;
  (f) Commitment letters;
  (g) Project pro forma statements;
  (h) Project cost certifications and cost data;
  (i) Audits;
  (j) Project tenant correspondence requested to be confidential;
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 36
 
 
 
  (k) Tenant files relating to certification; and
  (L) Housing assistance payment requests;
  (22) Records or information that, if disclosed, would allow a
person to:
  (a) Gain unauthorized access to buildings or other property
used or owned by a public body;
  (b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, the services provided by a public body; or
  (c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body;
  (23) Records or information that would reveal the security
measures taken or recommended to be taken to protect:
  (a) An officer or employee of a public body;
  (b) Buildings or other property used or owned by a public body;
  (c) Information processing, communication or telecommunication
systems, including the information contained therein, that are
used or operated by a public body; or
  (d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
  (24) Writings prepared by or under the direction of officials
of Oregon Health and Science University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person;
  (25) Records of the name and address of a person who files a
report with or pays an assessment to a   { - council, board
or - }  { + commodity + } commission   { - created or
organized - }   { + established + } under ORS
  { - chapter 576, 577, 578 or 579. As used in this subsection, '
council, board or commission' does not include the advisory
committee established under ORS 576.810 - }  { +  576.051 to
576.584, the Oregon Beef Council created under ORS 577.210 or the
Oregon Wheat Commission created under ORS 578.030 + }; and
  (26) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
  SECTION 99. ORS 291.050 is amended to read:
  291.050. As used in ORS 291.050 to 291.060:
  (1) 'Fee' means an amount imposed and collected by a state
agency to defray or recover the costs of administering the law
involved in providing a service to the public and used by the
state agency to carry out or enforce a law under its
jurisdiction.  ' Fee' does not include:
  (a) Fines and civil penalties or any court judgments.
  (b) The sale of products or charges for rents, leases or other
real estate transaction costs.
  (c) Interest and other charges for bonding and loan
transactions.
  (d) Charges levied by one state agency on another state agency.
  (2) 'Products' means goods and publications purchased
voluntarily that have a commercial value. 'Products' includes
copying charges for public records as defined in ORS 192.410 and
the conducting of informational seminars. 'Products' does not
include services or licenses or permits issued by state agencies.
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 37
 
 
 
  (3) 'State agency' means every state officer, board,
commission, department, institution, branch or agency of the
state government  { - , except agricultural commodity commissions
created pursuant to ORS chapters 576, 577, 578 and 579, - }  that
is subject to the provisions of ORS 291.201 to 291.222 and
291.232 to 291.260. 'State agency' includes the Legislative
Assembly, including legislative committees and service agencies,
the Secretary of State, the State Treasurer and the Judicial
Department. { +  'State agency' does not include a commodity
commission established under ORS 576.051 to 576.584 or the Oregon
Beef Council created under ORS 577.210. + }
  SECTION 100. ORS 305.410 is amended to read:
  305.410. (1) Subject only to the provisions of ORS 305.445
relating to judicial review by the Supreme Court and to
subsection (2) of this section, the tax court shall be the sole,
exclusive and final judicial authority for the hearing and
determination of all questions of law and fact arising under the
tax laws of this state. For the purposes of this section, and
except to the extent that they preclude the imposition of other
taxes, the following are not tax laws of this state:
  (a) ORS 577.110 to 577.605 relating to  { + Oregon + } Beef
Council contributions.
  (b) ORS 576.051 to 576.584 relating to commodity commission
assessments.
  (c) ORS chapter 477 relating to fire protection assessments.
  (d) ORS chapters 731, 732, 733, 734, 737, 742, 743, 744, 746,
748 and 750 relating to insurance company fees and taxes.
  (e) ORS chapter 473 relating to liquor taxes.
  (f) ORS chapter 583 relating to milk marketing, production or
distribution fees.
  (g) ORS chapter 825 relating to motor carrier taxes.
  (h) ORS chapter 319 relating to motor vehicle and aircraft fuel
taxes.
  (i) ORS title 59 relating to motor vehicle and motor vehicle
operators' license fees and ORS title 39 relating to boat
licenses.
  (j) ORS chapter 578 relating to  { + Oregon + } Wheat
Commission assessments.
  (k) ORS chapter 462 relating to racing taxes.
  (L) ORS chapter 657 relating to unemployment insurance taxes.
  (m) ORS chapter 656 relating to workers' compensation
contributions, assessments or fees.
    { - (n) ORS chapter 579 relating to potato commission
assessments. - }
    { - (o) - }  { +  (n) + } ORS 311.420, 311.425, 311.455,
311.650, 311.655 and ORS chapter 312 relating to foreclosure of
real and personal property tax liens.
  (2) The tax court and the circuit courts shall have concurrent
jurisdiction to try actions or suits to determine:
  (a) The priority of property tax liens in relation to other
liens.
  (b) The validity of any deed, conveyance, transfer or
assignment of real or personal property under ORS 95.060 and
95.070 (1983 Replacement Part) or 95.200 to 95.310 where the
Department of Revenue has or claims a lien or other interest in
the property.
  (3) Except as permitted under section 2, amended Article VII,
Oregon Constitution, this section and ORS 305.445, no person
shall contest, in any action, suit or proceeding in the circuit
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 38
 
 
 
court or any other court, any matter within the jurisdiction of
the tax court.
  SECTION 101. ORS 473.045 is amended to read:
  473.045. (1) A tax is hereby imposed upon the sale or use of
all agricultural products used in a winery for making wine.
  (2) The amount of the tax shall be $25 per ton of grapes of the
vinifera varieties, whether true or hybrid.
  (3) An equivalent tax is imposed upon the sale or use of
vinifera or hybrid grape products imported for use in a winery
licensed under ORS chapter 471 for making wine. Such tax shall be
$25 per ton of grapes used to produce the imported grape product.
The tax shall be determined on the basis of one ton of grapes for
each 150 gallons of wine made from such vinifera or hybrid grape
products.
  (4) A tax on the sale or use of products that are not subject
to subsection (2) or (3) of this section that are used to make
wine in this state shall be imposed at a rate of $.021 per gallon
of wine made from those products.
  (5) In the case of vinifera or hybrid grape products harvested
in this state, $12.50 of such tax shall be levied and assessed
against the person selling or providing such grape products to
the winery. If the purchasing winery is licensed under ORS
chapter 471, that winery shall deduct the tax levied under this
subsection from the price paid to the seller. If the purchasing
winery is not licensed under ORS chapter 471, the seller shall
report all sales on forms provided by the State Department of
Agriculture and pay $12.50 per ton as a tax directly to the
department.
  (6) Except for the tax specified in subsection (4) of this
section the taxes specified under this section shall be levied
and assessed to the licensed winery at the time of purchase of
the product by the winery or of importation of the product,
whichever is later. The tax specified in subsection (4) of this
section shall be levied and assessed to the licensed winery at
the time the wine is made.
  (7) Except for taxes to be paid to the State Department of
Agriculture pursuant to subsection (5) of this section, the taxes
imposed by this section shall be paid by the licensed winery and
collected by the Oregon Liquor Control Commission subject to the
same powers as taxes imposed and collected under ORS chapter 473.
Taxes to be paid by sellers under subsection (5) of this section
shall be collected by the State Department of Agriculture in the
 { +  same + } manner { +  as + } provided   { - in - }  { +  for
the collection of an assessment by a commodity commission
under + } ORS 576.345 to 576.365 { +  as set forth in the 2001
Edition of Oregon Revised Statutes + }. Failure to pay the tax
 { - subjects the violator to the same penalty as provided in ORS
576.991 (2) for failure to pay assessments to the department as
required by ORS 576.345 to 576.365 - }  { +  is punishable, upon
conviction, by a fine of not more than $500 or by imprisonment in
the county jail for not more than 90 days, or both + }. The tax
obligation for a calendar year shall be paid in two installments.
Half shall be due on December 31 of the current calendar year.
The remaining half shall be due the following June 30.
  SECTION 102. ORS 526.660 is amended to read:
  526.660. The provisions of ORS 576.410 to 576.450 { +  as set
forth in the 2001 Edition of Oregon Revised Statutes + },
pertaining to budget and expenditure control, apply to budgets
and expenditures of the Oregon Forest Resources Institute except
that:
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 39
 
 
 
  (1) All references in such statutes to the Director of
Agriculture shall be considered references to the State Forester.
  (2) All references in such statutes to the board shall be
considered references to the State Board of Forestry.
  (3) All references in such statutes to the commission shall be
considered references to the board of directors of the institute.
  (4) Copies of proposed budgets required  { + as described + }
by ORS 576.425 (1)  { + as set forth in the 2001 Edition of
Oregon Revised Statutes + } shall not be sent to county extension
agents, but shall be available for inspection at the institute
office and at the office of the State Forester in Salem.
  (5) The State Forester shall examine and certify the budget
 { +  in the manner provided  + }under ORS 576.430 (2)  { + as
set forth in the 2001 Edition of Oregon Revised Statutes + } and
make the determination
  { - required - }  { +  in the same manner as a determination by
the Director of Agriculture + } under ORS 576.445 (2)  { + as set
forth in the 2001 Edition of Oregon Revised Statutes + }.
  SECTION 103. ORS 561.250 is amended to read:
  561.250. (1) Notwithstanding the provisions of ORS 577.110 to
577.605 and ORS   { - chapters 576, 578 and 579, - }
 { + chapter 578, + } upon request of a commodity commission
 { - created and - }  established  { + under ORS 576.051 to
576.584, + }   { - as provided by such chapters or - }  the
Oregon Beef Council created by ORS 577.210 { +  or the Oregon
Wheat Commission created under ORS 578.030 + }, the State
Department of Agriculture may { + , + } if facilities and
services are available:
  (a) Provide centralized accounting, data processing, data
recording, clerical, secretarial, business management, office and
all other similar or related facilities and services.   { - This
shall not include the furnishing of - }   { + The department may
not provide + } executive secretary services.
  (b) Provide and furnish office space, telephone and other
similar or related facilities and services.
  (c) Provide for the collection and receiving of assessment or
other moneys due a commodity commission { + , + }   { - or - }
the beef council { +  or the wheat commission + }. Any person
authorized or required to pay  { + an + } assessment or other
moneys to a commodity commission { + , + }   { - or - }  the beef
council   { - hereby is required - }  { +  or the wheat
commission shall, + } after notice { + , + }   { - to - }  pay
 { - such - }  { +  the + } moneys to the department in behalf of
and in the name of the commodity commission { + , + }
 { - or - }  beef council { +  or wheat commission + }.
 { - Such - }  Moneys received by the department  { + under this
subsection + } shall be paid to the  { + appropriate + }
commodity commission { + , + }   { - or - }   { + the  + }beef
council  { + or the wheat commission + }.
  (2)   { - Any person authorized or required to carry out any
act or to perform any service to or for a commodity commission or
the beef council including the filing of reports, after notice,
hereby is authorized and required to carry out such act, perform
such service or file reports with the department in behalf of and
in the name of the commodity commission or beef council. All
services performed or carried out by the department as authorized
by this section shall be done in behalf of and in the name of the
appropriate commodity commission or beef council. - }   { + A
person authorized or required to file a report or perform other
actions with regard to a commodity commission, the Oregon Beef
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 40
 
 
 
Council or the Oregon Wheat Commission shall, after notice, file
the report or perform the action with regard to the department in
behalf of and in the name of the commodity commission, the beef
council or the wheat commission. + }
  (3)   { - Notwithstanding the provisions of ORS 577.110 to
577.605 and ORS chapters 576, 578 and 579, commodity commissions
and the beef council hereby are authorized to request the
department to furnish facilities and services and to use such
services as authorized by this section. Such - }  Commodity
commissions   { - and - }  { + , the Oregon + } Beef Council
 { - hereby are authorized to and - }   { + and the Oregon Wheat
Commission + } shall pay for facilities or services   { - so - }
received { +  under subsection (1) of this section + }.
  SECTION 104. ORS 565.450 is amended to read:
  565.450. The County Fair Commission shall prepare and adopt
budgets in the same manner as provided for preparation and
adoption of budgets in ORS 576.425 to 576.435 { +  as set forth
in the 2001 Edition of Oregon Revised Statutes + }.
  SECTION 105. ORS 583.525 is amended to read:
  583.525. (1) It is the intent of the provisions of ORS 583.001,
583.004, 583.021, 583.028 and 583.410 to 583.565 to minimize and
eliminate as far as possible and practical, certain unfair and
inequitable trade and competitive practices and advantages that
have existed between types or classes of handlers of milk.
  (2) No handler shall purchase milk from a producer or producers
for less than the minimum prices established under ORS 583.505.
Each handler shall pool such milk in accordance with the
provisions of ORS 583.510 and 583.520, whichever is applicable.
  (3) Notwithstanding the provisions of ORS chapter 62 or
amendments thereto, or other laws to the contrary, a handler may
only deduct from the amounts due a producer or producers, the
following:
  (a) Deductions by the handler for payment to the Oregon Dairy
Products Commission under ORS   { - chapter 576 - }  { +  576.051
to 576.584 + }, payments to the State Department of Agriculture
under this chapter.
  (b) A pooling charge of not to exceed the amount established by
the department, if such handler actually performs a pooling
service for the producer and if such pooling charges are limited
to milk purchased from or handled for an individual producer.
  (c) Deductions based on assignment, approved and signed by the
producer, directing the handler to pay a specified sum to a
person other than such handler on the producer's behalf. Such '
other person' shall not be an officer, employee, agent or
representative of the handler.
  (d) Deductions based on an assignment, approved and signed by
the producer, authorizing amounts to be retained by the handler
to cover or reimburse such handler for bona fide loans or
advances of money made to the producer, or for commodities,
articles or merchandise which have been furnished by the handler
to the producer.
  (e) Deductions for hauling charges in accordance with
applicable common or contract carrier rates approved by the
Public Utility Commission. If no rates have been established by
the Public Utility Commission for the hauling of the milk which
is covered by the deduction, then such deduction shall not exceed
the rate established by the department after public hearing under
the provisions of ORS 183.310 to 183.550 and taking into
consideration the advice of the Public Utility Commission.
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 41
 
 
 
  (f) After the above deductions have been taken, if any, a
cooperative corporation or association organized under the laws
of any state and engaged in marketing or making collective sales
of milk produced by its members or other producers represented by
or through the cooperative, may then take and retain such other
deductions from payment to its members or producers,
differentials as may be specifically authorized in advance by
contract or membership agreements between the cooperative and its
members.
  (4) A handler when making payment for milk, shall clearly
identify and explain the deductions to the producer.
  (5) The department after public hearing and as authorized by
ORS 183.310 to 183.550, may approve additional deductions or
further orders as may be necessary to carry out the provisions of
this section. Such determinations shall not result in an undue
advantage for one handler over another handler or permit a
handler to evade or circumvent the intent of this section.
  SECTION 106. ORS 604.015 is amended to read:
  604.015. (1) The State Department of Agriculture may appoint
and designate employees as brand inspectors to administer and
enforce the brand inspection activities of the department under
ORS 561.144,   { - 577.511, 577.520, 577.535, - }  599.205,
599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095,
603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992 { +
and section 51 of this 2003 Act + }. In addition, the department
may authorize and direct brand inspectors to administer and
enforce other laws under the jurisdiction of the department.
  (2) In making appointments under subsection (1) of this
section, the department may appoint as part-time brand inspectors
persons in the unclassified service of the personnel relations
system who possess the necessary experience, knowledge and
qualifications and pay them on any reasonable and fair basis.
However, at any time the average monthly compensation received by
such a person during a six-month period equals or exceeds the
minimum wage or starting step of the pay range or schedule
established for brand inspectors, then the person and the
position are subject to the State Personnel Relations Law. If
such person in the opinion of the department has satisfactorily
carried out the duties as a brand inspector, and if it is in the
best interests of the department, the person shall be given
regular merit system status and shall be entitled to be hired by
the department upon successfully passing a noncompetitive
examination for this classification.
  (3) In making appointments under subsection (1) of this
section, the department may appoint as brand inspectors persons
subject to the State Personnel Relations Law. At any time in any
area where the workload decreases or other facts or conditions
require only the part-time services of a person in a classified
position, the department may declare the position to be
unclassified.
  (4) By written agreement, the department may designate
employees of another state agency, or of a county or city
government, as brand inspectors to administer and enforce the
department's brand inspection activities or other laws under the
jurisdiction of the department in the same manner and to the same
extent as brand inspectors appointed under subsection (1) of this
section. While carrying out the authority delegated under this
subsection, brand inspectors shall comply with the provisions of
ORS 561.144,   { - 577.511, 577.520, 577.535, - }  599.205,
599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095,
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 42
 
 
 
603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992 { +
and section 51 of this 2003 Act, + } and the administrative rules
promulgated thereunder, collect any brand inspection fees due the
department and forthwith pay the same to the department, continue
to act under the supervision of their employing agencies,
continue to carry out their regular duties for their employing
agencies, and receive or have their employing agencies receive
any agreed compensation from the department for carrying out the
authority delegated under this subsection. The department may
terminate any designation under this subsection without hearing
or notice, notwithstanding any laws to the contrary.
  (5) The department may appoint and designate employees as
livestock police officers or investigative officers to administer
and enforce the department's authority under ORS 561.144,
  { - 577.511, 577.520, 577.535, - }  599.205, 599.269, 599.273,
599.610, 603.015, 603.034, 603.075 to 603.095, 603.992, 604.005
to 604.071, 604.640, 604.650 and 604.992 { +  and section 51 of
this 2003 Act + }, including supervision of brand inspectors. In
addition, the department may authorize and direct livestock
police officers or investigative officers to administer and
enforce other laws under the jurisdiction of the department.
Brand inspectors, livestock police officers and investigative
officers are empowered to carry out the activities of peace
officers and police officers, as set forth in ORS chapter 133.
They may be furnished uniforms, identification badges, emergency
vehicles and other equipment appropriate to carrying out
investigative and law enforcement activities.
  SECTION 107. ORS 604.056 is amended to read:
  604.056. (1) The State Department of Agriculture may detain,
seize or embargo hides or livestock in carrying out and enforcing
the provisions of ORS 561.144,   { - 577.511, 577.520,
577.535, - } 599.205, 599.269, 599.273, 599.610, 603.015,
603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071,
604.640, 604.650 and 604.992  { +  and section 51 of this 2003
Act + } relating to the ownership or right to possession of
livestock. Recognizing that the provisions of ORS 561.605 to
561.620 relating to the departmental procedures for detaining,
seizing or embargoing commodities are not readily applicable to
livestock, the following shall apply whenever the department
detains, seizes or embargoes hides or livestock under the
provisions of ORS 561.144,   { - 577.511, 577.520, 577.535, - }
599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to
603.095, 603.992, 604.005 to 604.071, 604.640, 604.650 and
604.992  { +  and section 51 of this 2003 Act + }:
  (a) The department shall issue its written notice of detention,
seizure or embargo to the person in possession of the hides or
livestock, directing them to be held subject to further order of
the department and any detention, seizure or embargo shall be
subject to the contested case provisions of ORS 183.310 to
183.550. The issuance of a notice of detention, seizure or
embargo to a livestock carrier shall relieve such carrier from
liability for any loss or damage resulting from the detention,
seizure or embargo.
  (b) If the department cannot determine from its investigation
who is the owner or person entitled to possession of hides or
livestock, it may handle and dispose of the hides and livestock
in the same manner as provided for the handling and disposition
of estray livestock under ORS chapter 607. In the event the
livestock is determined by an assistant state veterinarian or
deputy state veterinarian to be diseased, disabled or dying so as
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 43
 
 
 
to be unsalable, the department may order its immediate
condemnation in lieu of handling and disposition under ORS
chapter 607, and any salvage value recovered by the department
from the sale of carcasses or hides shall be disposed of in the
same manner as impounded sales proceeds of an unknown owner under
subsection (2) of this section.
  (c) During an investigation to determine the owner or person
entitled to possession of hides or livestock, the department may
authorize the hides or livestock to be moved and retained in
another location, but the hides or livestock shall not be moved
therefrom without a written order issued by the department and
then shall only be moved or handled in accordance with the terms
of such order.
  (d) If the hides or livestock are brand inspected at a
livestock auction market, slaughtering establishment or other
sales facility where   { - they - }  { +  the hides or
livestock + } are destined for sale, the department may permit
the sale of the hides or livestock and impound the proceeds of
the sale in lieu of detaining, seizing or embargoing the hides or
livestock. After the department impounds the sales proceeds,
 { - it - }  { +  the department + } shall issue   { - its - }
 { +  a + } written notice of impoundment to the seller of the
hides or livestock,   { - which shall direct - }  { +
directing + } that the sales proceeds remaining after the seller
has deducted sales charges be retained by the seller subject to
further order of the department for up to 15 days, at which time
the sales proceeds shall be remitted by the seller to the
department. The sales proceeds received by the department from
the seller are not public funds of the state but rather are held
by the department in trust for the person determined to be the
owner or entitled to possession of the hides or livestock sold.
  (2) If the department impounds sales proceeds under subsection
(1)(d) of this section, the department shall give written notice
of the impoundment to all known claimants to the sales proceeds,
hides or livestock at the last-known addresses thereof, and set
forth that the sales proceeds shall be subject to proof of claim
for a period of 60 days from the date of the notice of
impoundment, during which the claimants may submit their proofs
of claim to the department. Within 30 days after expiration of
the time within which proofs of claim may be submitted, the
department shall review the data submitted, investigate the
claims and render
  { - its - }  { +  a + } written notice of determination to the
persons having submitted proofs of claim. The determination of
the department shall be a final order and subject to judicial
review under ORS 183.484, and if there is more than one claimant,
 { - no - }  payment of sales proceeds   { - shall - }  { +  may
not + } be made until the expiration of the time within which
 { - such - }  judicial review may be had. Any impounded sales
proceeds   { - not capable of being - }  { +  that cannot be + }
paid to persons under this section within one year of impoundment
 { - thereof shall no longer be deemed - }   { + cease + } to be
trust funds and   { - shall thereafter - }  become part of the
state's public funds continuously appropriated to the department
for carrying out the provisions of ORS 561.144,   { - 577.511,
577.520, 577.535, - }  599.205, 599.269, 599.273, 599.610,
603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to
604.071, 604.640, 604.650 and 604.992  { + and section 51 of this
2003 Act + }.
  SECTION 108. ORS 604.066 is amended to read:
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 44
 
 
 
  604.066. (1) Except as provided in subsection (2) of this
section, the State Department of Agriculture shall charge and
collect a brand inspection fee in accordance with the following:
  (a) $20 for the brand inspection described in ORS 604.046
(5)(a); or
  (b) $5 per head for a brand inspection when the brand
inspection certificate utilized is valid for a period in excess
of eight days.
  (2) In accordance with the provisions of ORS 183.310 to
183.550, the department shall establish a brand inspection fee of
not less than 50 cents   { - nor - }  { +  and not + } more than
75 cents per head of cattle  { - , - }  or  { + per + } cattle
hide, and  { + of + } not   { - be - }  more than $3.75 per head
of horses, mules and asses.
  (3) The brand inspection fee, including assessments under
  { - ORS 577.511 - }  { +  section 51 of this 2003 Act + },
shall be paid to the department by the person requesting or
requiring brand inspection to be performed. Livestock auction
markets, slaughterhouses and custom slaughtering establishments
at which brand inspection is performed shall collect the fees
therefor and forthwith pay them to the department.   { - No - }
 { + A + } brand inspection   { - fees shall - }  { +  fee may
not + } be collected by livestock auction markets on livestock
whose value is $10 or less, unless the animal is destined for
slaughter or shipment out of this state or on cattle not
 { - older - }  { +  more + } than 90 days  { + of age + } that
are to be transported to a range or pastureland outside of this
state. However, any assessments under
  { - ORS 577.511 shall - }  { +  section 51 of this 2003 Act
are + } still   { - be - } payable to the department.
  (4) A person may claim a refund of brand inspection fees paid
on Oregon livestock transported from any place in this state to
any place outside of this state and then returned to this state,
if the movement is continuous without unloading enroute, is done
in the usual course of ranch operations and is not related to a
change of ownership. The refund may   { - only - }  be claimed
 { + only + } for brand inspection fees paid on the identical
livestock transported.  A written claim for refund shall be
submitted to the department within 90 days from the initiation of
the livestock movement, accompanied by an affidavit prescribed by
the department confirming the circumstances set forth in this
paragraph.
  (5) Except as provided in   { - ORS 577.511 (2) - }  { +
section 51 of this 2003 Act + }, the department shall deposit all
fees paid to it under this chapter in the State Treasury to the
credit of the Department of Agriculture Service Fund, and such
fees are continuously appropriated to the department for
administering and enforcing this chapter. The provisions of ORS
561.144 apply to such fees.
  SECTION 109.  { + ORS 576.055, 576.065, 576.075, 576.078,
576.085, 576.091, 576.095, 576.105, 576.115, 576.125, 576.135,
576.145, 576.155, 576.165, 576.171, 576.175, 576.235, 576.295,
576.405, 576.425, 576.430, 576.435, 576.450, 576.505, 576.525,
576.555, 576.565, 576.570, 576.575, 576.578, 576.580, 576.582,
576.584, 576.585, 577.350, 577.410, 577.420, 577.430, 577.440,
577.450, 577.460, 577.535, 577.540, 577.560, 577.565, 577.570,
577.575, 577.580, 577.585, 577.590, 577.600, 577.605, 577.700,
577.705, 577.710, 577.715, 577.720, 577.725, 577.730, 577.735,
577.740, 577.760, 577.765, 577.770, 577.775, 577.780, 577.785,
577.787, 577.790, 577.795, 578.050, 578.140, 578.220, 578.230,
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 45
 
 
 
578.240, 579.010, 579.020, 579.030, 579.040, 579.060, 579.070,
579.080, 579.090, 579.100, 579.110, 579.120, 579.130, 579.140,
579.150, 579.160, 579.165, 579.170, 579.175, 579.180, 579.185,
579.210, 579.220, 579.230, 579.240, 579.250, 579.270, 579.280 and
579.990 are repealed. + }
  SECTION 110.  { + The unit and section captions used in this
2003 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2003 Act. + }
  SECTION 111.  { + 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 on
its passage. + }
                         ----------
 
 
Passed by Senate June 26, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House July 10, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 46
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 854 (SB 854-A)                       Page 47