74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 421
House Bill 2291
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Department of Agriculture, Office of
Regulatory Streamlining of Department of Consumer and Business
Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Decreases minimum license fee for nursery stock dealers,
growers and producers. Changes commencement and ending dates for
licensing period. Allows State Department of Agriculture to
exempt low-volume licensees from experimental research assessment
and from license surcharge. Resolves ambiguity regarding sales
location licensing.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to plant nurseries; creating new provisions; amending
ORS 571.057, 571.059, 571.075, 571.095 and 571.230; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 571.057 is amended to read:
571.057. (1) Each person required to be licensed by ORS 571.055
shall make application for such license or for renewal thereof,
on a form furnished by the State Department of Agriculture which
shall contain:
(a) The name and address of the applicant; the number of
locations to be operated by the applicant and the addresses
thereof; and the assumed business name of the applicant;
(b) If other than an individual, a statement whether such
person is a partnership, corporation or other organization;
(c) The gross dollar volume of sales or purchases of nursery
stock by the applicant within Oregon during the prior calendar
year, or if the applicant maintains sales records on a fiscal
basis, the prior fiscal year; and
(d) The type of business to be operated and, if applicant is an
agent, the principals the applicant represents.
(2) Each application for license shall be accompanied by a
license fee as provided for by this section and any amounts
required by ORS 571.075 (3). Such application shall not be a
public record but shall be subject to audit and review by the
department. An applicant for an original license or for a renewal
license, without a full calendar year of prior nursery stock
sales or purchase experience upon which to base the fees, shall
base such fees on an estimated annual gross dollar volume of
sales or purchases of nursery stock by the applicant.
Notwithstanding the provisions of ORS 571.075, upon application
by such person for a renewal of license for a subsequent year,
the fees for the previous license year shall be adjusted to
reflect the actual annual gross dollar volume of sales or
purchases of nursery stock by such applicant. Any additional fees
found to be due shall be paid to the department at the time of
application for renewal of license, or the department shall
refund any overpayment found to be due the applicant.
(3)(a) { - For license years beginning on and after July 1,
1995, - } The license fees for growers and dealers shall be
established by the department after consulting with the State
Nursery Research and Regulatory Committee and after public
hearing in accordance with ORS chapter 183. Such fees shall be
established on the basis of annual gross dollar volume of sales
or purchases of nursery stock within Oregon for the calendar year
immediately preceding the license period.
(b) The license fees shall not be less than { - $65 - } { +
$30 + } nor more than $20,000. The millage rate shall be not less
than one-tenth mill nor more than 5 mills. The fees shall be
established in such amount as shall be sufficient to allow the
department to administer and enforce the provisions of ORS
564.040, 564.991, 571.005 to 571.230 and 571.991.
(c) { - For license years beginning July 1, 1994, and
thereafter, - } In addition to and at the time of payment of the
annual license fee, growers and dealers shall pay assessments for
the expenses of carrying out the provisions of ORS 571.230 (2)
and (3). Dealers shall pay { + $10 or + } 0.0002 times the gross
dollar purchases in the previous license year { + , whichever is
greater + }. Growers shall pay { + $10 or + } 0.0002 times the
gross dollar sales in the previous license year { + , whichever
is greater + }. { - In no event shall the assessment be less
than $10. - } { + However, the department, by rule, may exempt
from the assessment those licensees who grow or deal in plants in
low volume as defined by the department. + }
(4) For florists and landscape contractors, dealer and agent
fees will be computed on the basis of gross purchases of plants.
For greenhouse operators and growers, including persons
collecting native plants, fees will be computed on the basis of
gross sales of plants or sales value of plants produced in
Oregon.
(5) Each grower or dealer shall be entitled to one sales
location under the license of the grower or dealer. Each
additional sales location, yard, branch store, stall or peddling
vehicle maintained by such person shall require the payment of
the full license fee for each of such additional sales outlets. A
grower who is also a dealer shall be licensed only as a grower.
SECTION 2. ORS 571.059 is amended to read:
571.059. { - (1) As used in this section, 'dealer' and '
grower' have the meanings given those terms in ORS 571.005. - }
{ - (2) - } { + (1) + } The State Department of Agriculture
shall make a yearly determination of the additional amount, if
any, required to achieve a principal balance of $250,000 in the
Plant Pest and Disease Emergency Response Fund. If the department
determines that an additional amount is required to achieve a
principal balance of $250,000, the department shall determine an
assessment rate based on the additional amount required to
achieve the $250,000 fund balance and the total in the previous
license year of gross dollar purchases by dealers, gross dollar
sales by growers and sales value of plants produced in Oregon by
licensees under ORS 571.057 other than dealers or growers. { +
In determining the assessment rate, the department shall
disregard gross dollar purchases, gross dollar sales and the
sales value of plants produced by any licensees exempted from
paying the surcharge by department rule. + }
{ - (3) - } { + (2) + } The department may impose a
surcharge on license fees established pursuant to ORS 571.057.
The surcharge for a licensee shall be calculated based on the
assessment rate determined under subsection { - (2) - }
{ + (1) + } of this section and the purchase, sales or sales
value volume that is the basis for the license fee assessed to
the licensee under ORS 571.057. { + The department, by rule, may
exempt from the surcharge those licensees purchasing, selling or
growing plants in low volume as defined by the department.
+ }Surcharges imposed under this subsection shall be deposited
to the fund.
{ - (4) - } { + (3) + } The department shall apply for any
federal funding available and may seek gifts, grants and
donations for the purpose of increasing or replenishing the fund
balance or avoiding expenditures from the fund.
SECTION 3. ORS 571.075 is amended to read:
571.075. (1) The fees for the renewal of the annual licenses
and the fees for inspections required by ORS 571.005 to 571.230
{ - and 571.991 - } shall be paid with the application for
license renewal and before { - July 1 - } { + January 1 + }
of each year.
(2) Failure to pay the fees when due forfeits the right to
operate as a grower, dealer or agent.
(3) Any person who has been previously licensed to grow or sell
nursery stock and whose right to grow or sell has been forfeited
shall not be issued a renewal license except upon written
application to the State Department of Agriculture accompanied by
a sum of money equal to the regular license fee, as provided in
ORS 571.057.
SECTION 4. ORS 571.095 is amended to read:
571.095. All licenses issued under ORS 571.005 to 571.230
{ - and 571.991 - } shall:
(1) Include the date of issue.
(2) Expire on { - June 30 - } { + December 31 + }, next
following the date of issue, unless sooner revoked by the State
Department of Agriculture.
(3) Be in the form of a certificate.
(4) Be numbered serially under the direction of the department.
(5) Be posted in a conspicuous place on the premises of the
licensee { + . + } { - and a copy at each location where the
licensee is doing business, where they can be easily seen by the
general public. A duplicate copy of the license shall be issued
by the department for each sales location of the licensee. - }
SECTION 5. ORS 571.230 is amended to read:
571.230. (1) Except for fees paid under ORS 571.057,
{ + 571.059, + } 571.063 and 571.145 (3), the State Department
of Agriculture shall deposit all fees paid to it under ORS
571.005 to 571.230 and 571.991 in the General Fund in the State
Treasury to the credit of the Department of Agriculture Account.
Such fees are continuously appropriated to the department for the
purpose of administering and enforcing ORS 564.040, 564.991,
571.005 to 571.230 and 571.991. The fees paid to the department
under ORS 571.057, 571.063 and 571.145 (3) shall be deposited by
the State Treasurer in the Department of Agriculture Service
Fund, and such funds are continuously appropriated to the
department for the purposes of administering and enforcing ORS
571.005 to 571.230 and 571.991. { + The fees paid to the
department under ORS 571.059 shall be deposited and credited as
provided under ORS 571.038. + }
(2) The amount of revenue generated for nursery research
pursuant to ORS 571.057 (3)(c) shall be used by the department
only for the purposes set forth in subsection (3) of this
section. With the advice of the State Nursery Research and
Regulatory Committee, the Director { + of Agriculture + } shall
identify research needs of the Oregon nursery industry and shall
obtain services of researchers for the purposes set forth in
subsection (3) of this section.
(3) The amounts provided for in ORS 571.057 (3)(c) shall be
used in carrying on experimental and research projects and
investigations directed toward the prevention and elimination of
plant diseases, insect pests and the development and improvement
of cultural methods that are beneficial to the nursery industry.
SECTION 6. { + ORS 571.038 and 571.059 are added to and made a
part of ORS 571.005 to 571.230. + }
SECTION 7. { + The amendments to ORS 571.057, 571.075 and
571.095 by sections 1, 3 and 4 of this 2007 Act apply to licenses
issued for the licensing period commencing on or after January 1,
2008. The amendments to ORS 571.075 by section 3 of this 2007
Act do not invalidate any license issued for a license period
ending on June 30, 2008. Notwithstanding ORS 571.057, 571.075 and
571.095, when issuing a license for the period ending December
31, 2008, to a person that has a valid license for the period
ending June 30, 2008, the State Department of Agriculture may
make appropriate licensing period or fee adjustments, as
determined by the department, to avoid charging the person a
redundant fee. + }
SECTION 8. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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