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 417
House Bill 2292
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)
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.
Eliminates sunset on State Department of Agriculture power to
review, approve and disapprove plans and projects of commodity
commissions.
Eliminates sunset for requirement that commodity commissions
have public member. Eliminates sunset for exception allowing
Oregon Grains Commission and Oregon Alfalfa Seed Commission to
offer refunds in lieu of having public member.
Eliminates sunset for requirement that Oregon Beef Council have
public member.
Delays sunset on department power to review, approve and
disapprove plans and projects of Oregon Wheat Commission.
Delays sunset for requirement that Oregon Wheat Commission have
public member. Delays sunset for exception allowing Oregon Wheat
Commission to offer refund in lieu of having public member.
A BILL FOR AN ACT
Relating to bodies promoting agricultural products; amending ORS
576.066, 576.206, 576.372 and 577.210 and sections 79, 84, 90
and 94, chapter 604, Oregon Laws 2003.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 576.066, as amended by section 29, chapter 604,
Oregon Laws 2003, is amended to read:
576.066. { + (1) + } The State Department of Agriculture
shall:
{ - (1) - } { + (a) + } 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;
{ - (2) - } { + (b) + } 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;
{ - (3) - } { + (c) + } Carry out the assigned
organizational procedures under ORS 576.051 to 576.455, including
the appointment and removal of members of the commission;
{ - (4) - } { + (d) + } Review budgets submitted to the
Director of Agriculture by a commodity commission under ORS
576.416; and
{ - (5) - } { + (e) + } Adopt rules to carry out the
provisions of ORS 576.051 to 576.455.
{ + (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 576.455. + }
SECTION 2. ORS 576.206, as amended by section 5, chapter 604,
Oregon Laws 2003, is amended to read:
576.206. (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 chapter 183, 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 3. ORS 576.372, as amended by section 23, chapter 604,
Oregon Laws 2003, is amended to read:
576.372. { + (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 commodity
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 576.066 (2); and
(b) Notwithstanding ORS 576.206, the commission may vote to
eliminate the position for a commissioner who is a member of the
public. + }
SECTION 4. ORS 577.210, as amended by section 61, chapter 604,
Oregon Laws 2003, 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. + }
(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 5. Section 79, chapter 604, Oregon Laws 2003, is
amended to read:
{ + Sec. 79. + } The amendments to { - section 77 of this
2003 Act - } { + ORS 578.216 + } by section 78 { + , chapter
604, Oregon Laws 2003, + } { - of this 2003 Act - } become
operative { - March 1, 2009 - } { + January 2, 2010 + }.
SECTION 6. Section 84, chapter 604, Oregon Laws 2003, is
amended to read:
{ + Sec. 84. + } The amendments to { - section 82 of this
2003 Act - } { + ORS 578.025 + } by section 83 { + , chapter
604, Oregon Laws 2003, + } { - of this 2003 Act - } become
operative { - March 1, 2009 - } { + January 2, 2010 + }.
SECTION 7. Section 90, chapter 604, Oregon Laws 2003, is
amended to read:
{ + Sec. 90. + } The amendments to ORS 578.030 by section
89 { + , chapter 604, Oregon Laws 2003, + } { - of this 2003
Act - } become operative { - March 1, 2009 - } { + January
2, 2010 + }.
SECTION 8. Section 94, chapter 604, Oregon Laws 2003, is
amended to read:
{ + Sec. 94. + } The amendments to ORS 578.040 by section
93 { + , chapter 604, Oregon Laws 2003, + } { - of this 2003
Act - } become operative { - March 1, 2009 - } { + January
2, 2010 + }.
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