Chapter 24 Oregon Laws 2005

AN ACT

HB 2196

Relating to State Board of Agriculture; creating new provisions; and amending ORS 561.130, 561.140 and 561.395.

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

SECTION 1. (1) The Legislative Assembly finds and declares that:

(a) Agriculture is an important component of the state economy; and

(b) The sustainability of natural resources in the state greatly affects the well-being of the residents of the state.

(2) The State Board of Agriculture shall advise the State Department of Agriculture regarding the implementation, administration and enforcement of department programs and the development of department policies designed to positively affect the agricultural industry in this state, including but not limited to programs and policies to:

(a) Address the continuing changes and adjustments in agricultural industries.

(b) Foster the natural resources of the state to provide ample opportunities for productive and beneficial agricultural enterprise.

(c) Guide the department in ensuring the viability of the agricultural industry in this state.

SECTION 2. The State Board of Agriculture shall report as provided in ORS 192.230 to 192.250 on a biennial basis to the Governor and the Legislative Assembly regarding the status of the agricultural industry in this state.

SECTION 3. ORS 561.130 is amended to read:

561.130. (1) In order that there may be the closest [contact] correspondence between [the] State Department of Agriculture policies and programs, [consumer] the public interests and the resolution of practical agricultural problems of the state, there is created the State Board of Agriculture.[, which shall consist of]

(2) The Director of Agriculture, the Dean of the College of Agricultural Sciences of Oregon State University and the chairperson of the Soil and Water Conservation Commission shall serve as ex officio members of the board. The director and the dean shall be nonvoting members. The director shall act as secretary of the board. The dean may appoint a person to represent the dean on the board.

(3) The Governor shall appoint nine members [appointed by the Governor] to the board.

[(2)] The members [shall be citizens] appointed to the board must be residents of Oregon [seven of whom are actively engaged in the production of agricultural commodities and two of whom are representative of consumer interests of the state]. Not more than five of the members appointed to the board may belong to the same political party. Party affiliation shall be determined by the appropriate entry on official election registration cards.

[(3)] (4) The term of each member [shall be] appointed to the board is four years. A member shall continue to serve until a successor is appointed and qualifies. Before a member’s term expires, the Governor shall appoint a successor. [Vacancies in office shall be filled by appointment for the unexpired term.] If a vacancy occurs, the Governor shall appoint a person to complete the remainder of the unexpired term.

[(4) At the time of appointment, no two of the seven members actively engaged in the production of agricultural commodities shall have the same main commodity interest.]

[(5) No person shall be eligible for reappointment to the board until at least one year has elapsed from the expiration of the second consecutive term of the person. A member may be removed only for cause.]

[(6) Not more than five members shall belong to one political party. Party affiliation shall be determined by the appropriate entry on official election registration cards.]

(5) A person who serves two consecutive terms on the board is not eligible for appointment to another term on the board until at least one year after the expiration of the second consecutive term.

(6) The Governor shall appoint two board members who are not actively involved in the agricultural industry to be representatives of the public interests. The Governor shall appoint seven board members who are actively engaged in the production of agricultural commodities. The Governor shall seek to ensure that the appointed board members who produce agricultural commodities reflect the diverse nature of agricultural commodity production within the state.

SECTION 4. ORS 561.140 is amended to read:

561.140. (1) Each member of the State Board of Agriculture [is entitled to] may receive compensation and expenses as provided in ORS 292.495, [which shall be charged to the Department of Agriculture Account] payable from moneys appropriated or otherwise made available to the board.

[(2) It is the function of the board to establish policies for the administration of the State Department of Agriculture in accordance with all applicable provisions of law.]

[(3) The board shall meet at least four times each year on a quarterly basis. The board shall meet at the call of the chairperson or the Director of Agriculture. The chairperson or director may call a meeting at the pleasure of the chairperson or director, and shall call a meeting at the request of five or more members. The chairperson shall designate the place of each meeting.]

[(4)] (2) The board shall select a chairperson from among its voting members. [to serve for a term of one year. The director shall act as secretary and shall be an ex officio member of the board without the right to vote. The Dean of the College of Agricultural Sciences, or an appointed representative of the dean, of Oregon State University shall be an ex officio member of the board without the right to vote.]

(3) The board shall meet once during each calendar quarter at a time and place determined by the chairperson. The board may hold additional meetings at times and places determined by the chairperson or the Director of Agriculture, or as requested by five or more members. A majority of the voting board members constitutes a quorum. An act by a majority of a quorum is an official act of the board.

[(5)] (4) By arrangement with the chairperson, the Director of Agriculture shall review with the board the activities of the State Department of Agriculture [and shall proceed in conference with the board,] and, subject to policy direction by the board, [to] outline the methods, policies and program of work for the department.

[(6) A majority of the board present at any meeting shall constitute a quorum, and an act by a majority of such quorum at any meeting shall constitute an official act of the board.]

SECTION 5. ORS 561.395 is amended to read:

561.395. (1) In order that there may be the closest contact between the State Department of Agriculture and the various soil and water conservation districts in the state, and in order to keep the department advised as to matters of soil and water conservation in the state, there is created a Soil and Water Conservation Commission which shall consist of seven members appointed by the Director of Agriculture.

(2) Each member shall be a citizen of this state and a director of a soil and water conservation district at the time of appointment. As far as practicable, the Director of Agriculture shall make appointments so that geographic areas of the state are represented on the commission. The term of each member shall be four years. A member shall continue to serve until a successor is appointed and qualified. Vacancies in office shall be filled by appointment for the unexpired term.

(3) The members shall be entitled to compensation as provided in ORS 292.495. At the first meeting after July 1 of each year the commission shall select a chairperson. The commission shall meet at least four times each year on a quarterly basis, and otherwise at the call of the chairperson or the Director of Agriculture. A majority of the members shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the commission.

(4) Any member of the commission who fails to attend three consecutive meetings of the commission, whether regular, adjourned or special, shall forfeit the office unless the member is prevented from attending by the serious illness of the member or the member’s family or for any other cause that in the judgment of the director constitutes a valid reason for failing to attend. The director shall immediately appoint a successor.

(5) The function of the commission is to advise and develop policy with the department in the administration of its duties and powers under ORS 561.400, [and] 568.210 to 568.808 and 568.900 to 568.933. [Notwithstanding the provisions of ORS 561.130 concerning qualifications or terms of office or the number of State Board of Agriculture members, the Governor shall appoint the chairperson of the commission to serve on the State Board of Agriculture. The person so appointed shall serve on the board while acting as chairperson of the commission. As each new chairperson of the commission is selected, the Governor shall appoint that person to serve on the board.]

Approved by the Governor May 2, 2005

Filed in the office of Secretary of State May 2, 2005

Effective date January 1, 2006

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