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 808
Senate Bill 102
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Parks and Recreation Department)
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.
Establishes Oregon State Fair and Exposition Center. Transfers
duties, functions and powers of State Parks and Recreation
Department relating to Oregon State Fair and state fairgrounds to
center.
Abolishes State Fair Advisory Committee. Establishes Oregon
State Fair Commission.
Becomes operative January 1, 2010.
A BILL FOR AN ACT
Relating to the Oregon State Fair and Exposition Center; creating
new provisions; amending ORS 244.050, 279A.025, 291.055,
307.110, 390.134, 462.055, 462.070, 565.010, 565.030, 565.050,
565.060, 565.080, 565.090, 565.095, 565.103, 565.107, 565.109,
565.114, 565.116, 565.120, 565.130, 565.140, 565.150, 565.160,
565.170, 565.610, 565.620, 565.630 and 565.640; and repealing
ORS 565.021 and 565.040.
Be It Enacted by the People of the State of Oregon:
{ +
TRANSFER + }
SECTION 1. { + The duties, functions and powers of the State
Parks and Recreation Department relating to operation of the
Oregon State Fair and the state fairgrounds are imposed upon,
transferred to and vested in the Oregon State Fair and Exposition
Center. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 2. { + (1) The State Parks and Recreation Director
shall:
(a) Deliver to the Oregon State Fair and Exposition Center all
records and property within the jurisdiction of the director that
relate to the duties, functions and powers transferred by section
1 of this 2007 Act; and
(b) Transfer to the center those employees engaged primarily in
the exercise of the duties, functions and powers transferred by
section 1 of this 2007 Act.
(2) The Director of the Oregon State Fair and Exposition Center
shall take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 1 of this
2007 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the State
Parks and Recreation Department and the Oregon State Fair and
Exposition Center relating to transfers of records, property and
employees under this section, and the Governor's decision is
final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 3. { + (1) The unexpended balances of amounts
authorized to be expended by the State Parks and Recreation
Department for the biennium beginning July 1, 2009, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 1 of this
2007 Act are transferred to and are available for expenditure by
the Oregon State Fair and Exposition Center for the biennium
beginning July 1, 2009, for the purpose of administering and
enforcing the duties, functions and powers transferred by section
1 of this 2007 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the department
remain applicable to expenditures by the center under this
section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 4. { + The transfer of duties, functions and powers to
the Oregon State Fair and Exposition Center by section 1 of this
2007 Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the center is substituted for the State Parks and Recreation
Department in the action, proceeding or prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 5. { + (1) Nothing in sections 1 to 15, 46 or 47 of
this 2007 Act, the amendments to Oregon Revised Statutes by
sections 16 to 45 of this 2007 Act or the repeal of ORS 565.021
and 565.040 by section 49 of this 2007 Act relieves a person of a
liability, duty or obligation accruing under or with respect to
the duties, functions and powers transferred by section 1 of this
2007 Act. The Oregon State Fair and Exposition Center may
undertake the collection or enforcement of any such liability,
duty or obligation.
(2) The rights and obligations of the State Parks and
Recreation Department legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date of section 1 of this 2007 Act accruing under
or with respect to the duties, functions and powers transferred
by section 1 of this 2007 Act are transferred to the center. For
the purpose of succession to these rights and obligations, the
center is a continuation of the department and not a new
authority. + }
{ +
RULES + }
SECTION 6. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2007 Act, the rules of
the State Parks and Recreation Department with respect to such
duties, functions or powers that are in effect on the operative
date of section 1 of this 2007 Act continue in effect until
superseded or repealed by rules of the Oregon State Fair and
Exposition Center. References in such rules of the department to
the department or an officer or employee of the department are
considered to be references to the center or an officer or
employee of the center. + }
SECTION 7. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 1 of
this 2007 Act, reference is made to the State Parks and
Recreation Department, or an officer or employee of the
department, whose duties, functions or powers are transferred by
section 1 of this 2007 Act, the reference is considered to be a
reference to the Oregon State Fair and Exposition Center or an
officer or employee of the center who by this 2007 Act is charged
with carrying out such duties, functions and powers. + }
{ +
ABOLISHMENT OF ADVISORY COMMITTEE + }
SECTION 8. { + The State Fair Advisory Committee is abolished.
On the operative date of this section, the tenure of office of
the members of the committee ceases. + }
{ +
CHAPTER ADDITIONS + }
SECTION 9. { + Sections 10 to 15 of this 2007 Act and ORS
565.109, 565.114 and 565.116 are added to and made a part of ORS
chapter 565. + }
{ +
FAIR AND EXPOSITION CENTER + }
SECTION 10. { + (1) There is established the Oregon State Fair
and Exposition Center. The center shall manage and operate all
properties and grounds owned or occupied by the center and shall
control, manage and operate the Oregon State Fair.
(2) The center is under the administrative control of a
director. The Governor shall appoint the Director of the Oregon
State Fair and Exposition Center, who holds office at the
pleasure of the Governor. The person appointed by the Governor
shall be well qualified by training and experience to perform the
functions of the office. Appointment of the director is subject
to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565.
(3) Subject to any applicable provision of the State Personnel
Relations Law, the director may appoint all subordinate officers
and employees of the center and may prescribe their duties and
fix their compensation. The director may delegate to any
subordinate officer or employee of the center or any member of
the Oregon State Fair Commission any duty, function or power of
the director. + }
SECTION 11. { + A person authorized to receive or disburse
moneys in connection with the administration of the Oregon State
Fair and Exposition Center shall give a good and sufficient bond
or letter of credit issued by an insured institution as defined
in ORS 706.008. The Oregon Department of Administrative Services
shall determine the form and amount of the bond or letter of
credit. + }
SECTION 12. { + (1) The Director of the Oregon State Fair and
Exposition Center may file one or more vouchers with the Oregon
Department of Administrative Services in amounts the director
deems necessary and proper to establish or fund a revolving
account. The department shall draw a warrant upon the Oregon
State Fair and Exposition Center Account for the amount of a
voucher, payable to the director. The director shall place any
moneys so drawn in a revolving account maintained with the State
Treasurer. The director or a designee of the director may
withdraw moneys from the revolving account by check to make
immediate cash payments for prizes, premiums, wages, repairs and
other expenditures of the Oregon State Fair and Exposition
Center. The revolving account shall be reimbursed at least
monthly by warrants drawn by the department upon the verified
claims of the center payable out of the Oregon State Fair and
Exposition Center Account.
(2) On December 31 of each year, the unexpended balance of the
revolving account shall be returned to the Oregon State Fair and
Exposition Center Account. + }
{ +
OREGON STATE FAIR COMMISSION + }
SECTION 13. { + (1) The Oregon State Fair Commission is
established. The commission shall consist of seven members
appointed by the Governor for terms of four years.
(2) The Governor shall fill five commission member positions by
appointing a resident from each congressional district in Oregon.
Appointments to these five positions on the commission should
reflect broad-based representation of the various industrial,
educational and cultural interests active in state fair
activities, including but not limited to, agricultural, stock
raising, horticultural, mining, mechanical, artistic and
industrial pursuits.
(3) The Governor shall fill the remaining two commission member
positions by appointing persons representative of county fair
interests. In appointing the two persons, the Governor may give
consideration to nominations submitted by the County Fair
Commission established by ORS 565.410.
(4) The Governor shall fill a vacancy on the commission by
appointment for the unexpired term. Appointments of commission
members by the Governor are subject to confirmation by the Senate
in the manner provided by ORS 171.562 and 171.565.
(5) Each member of the commission is entitled to compensation
and reimbursement of expenses, as provided in ORS 292.495, from
moneys appropriated to the Oregon State Fair and Exposition
Center for those purposes.
(6) The commission shall select one of its members as
chairperson and another as vice chairperson, for the terms and
with the duties and powers necessary for the performance of the
functions of those offices as the commission determines
appropriate.
(7) The commission shall meet at the call of the Director of
the Oregon State Fair and Exposition Center or of a majority of
the members of the commission. + }
SECTION 14. { + Notwithstanding the term of office established
under section 13 of this 2007 Act, the Governor may adjust the
terms of the members first appointed to the Oregon State Fair
Commission so that the terms do not all expire on the same
date. + }
SECTION 15. { + The County Fair Commission may submit
nominations to the Governor for appointments to the Oregon State
Fair Commission member positions described in section 13 (3) of
this 2007 Act. + }
{ +
AMENDMENTS TO OREGON REVISED STATUTES + }
SECTION 16. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
{ + (G) Director of the Oregon State Fair and Exposition
Center. + }
{ - (G) - } { + (H) + } State Fish and Wildlife Director.
{ - (H) - } { + (I) + } State Forester.
{ - (I) - } { + (J) + } State Geologist.
{ - (J) - } { + (K) + } Director of Human Services.
{ - (K) - } { + (L) + } Director of the Department of
Consumer and Business Services.
{ - (L) - } { + (M) + } Director of the Department of State
Lands.
{ - (M) - } { + (N) + } State Librarian.
{ - (N) - } { + (O) + } Administrator of Oregon Liquor
Control Commission.
{ - (O) - } { + (P) + } Superintendent of State Police.
{ - (P) - } { + (Q) + } Director of the Public Employees
Retirement System.
{ - (Q) - } { + (R) + } Director of Department of Revenue.
{ - (R) - } { + (S) + } Director of Transportation.
{ - (S) - } { + (T) + } Public Utility Commissioner.
{ - (T) - } { + (U) + } Director of Veterans' Affairs.
{ - (U) - } { + (V) + } Executive Director of Oregon
Government Standards and Practices Commission.
{ - (V) - } { + (W) + } Director of the State Department of
Energy.
{ - (W) - } { + (X) + } Director and each assistant
director of the Oregon State Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Board of Geologic and Mineral Industries.
(B) Oregon Economic and Community Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Standards and Practices Commission.
(H) Oregon Health Policy Commission.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers' Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) Oregon Health and Science University Board of Directors.
{ + (DD) Oregon State Fair Commission. + }
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(r) Every member of the board of commissioners of a port
governed by ORS 777.005 to 777.725 and 777.915 to 777.953.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing deadline for the primary
election, each candidate for elective public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing deadline for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election, or who was nominated for elective
public office described in subsection (1) of this section at the
preceding primary election by write-in votes, shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing deadline for the
statewide general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.745, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 17. ORS 279A.025 is amended to read:
279A.025. (1) Except as provided in subsections (2) to (4) of
this section, the Public Contracting Code applies to all public
contracting.
(2) The Public Contracting Code does not apply to:
(a) Contracts between contracting agencies or between
contracting agencies and the federal government;
(b) Insurance and service contracts as provided for under ORS
414.115, 414.125, 414.135 and 414.145 for purposes of source
selection;
(c) Grants;
(d) Contracts for professional or expert witnesses or
consultants to provide services or testimony relating to existing
or potential litigation or legal matters in which a public body
is or may become interested;
(e) Acquisitions or disposals of real property or interest in
real property;
(f) Sole-source expenditures when rates are set by law or
ordinance for purposes of source selection;
(g) Contracts for the procurement or distribution of textbooks;
(h) Procurements by a contracting agency from an Oregon
Corrections Enterprises program;
(i) The procurement, transportation or distribution of
distilled liquor, as defined in ORS 471.001, or the appointment
of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(j) Contracts entered into under ORS chapter 180 between the
Attorney General and private counsel or special legal assistants;
(k) Contracts for the sale of timber from lands owned or
managed by the State Board of Forestry and the State Forestry
Department;
(L) Contracts for forest protection or forest related
activities, as described in ORS 477.406, by the State Forester or
the State Board of Forestry;
(m) Sponsorship agreements entered into by the { - State
Parks and Recreation Director in accordance with - }
{ + Director of the Oregon State Fair and Exposition Center
under + } ORS 565.080 { - (4) - } { + (6) + };
(n) Contracts entered into by the Housing and Community
Services Department in exercising the department's duties
prescribed in ORS chapters 456 and 458, except that the
department's public contracting for goods and services, as
defined in ORS 279B.005, is subject to ORS chapter 279B;
(o) Contracts entered into by the State Treasurer in exercising
the powers of that office prescribed in ORS chapters 178, 286,
287, 288, 289, 293, 294 and 295, including but not limited to
investment contracts and agreements, banking services, clearing
house services and collateralization agreements, bond documents,
certificates of participation and other debt repayment
agreements, and any associated contracts, agreements and
documents, regardless of whether the obligations that the
contracts, agreements or documents establish are general, special
or limited, except that the State Treasurer's public contracting
for goods and services, as defined in ORS 279B.005, is subject to
ORS chapter 279B;
(p) Contracts, agreements or other documents entered into,
issued or established in connection with:
(A) The incurring of debt by a public body, including but not
limited to the issuance of bonds, certificates of participation
and other debt repayment obligations, and any associated
contracts, agreements or other documents, regardless of whether
the obligations that the contracts, agreements or other documents
establish are general, special or limited;
(B) The making of program loans and similar extensions or
advances of funds, aid or assistance by a public body to a public
or private body for the purpose of carrying out, promoting or
sustaining activities or programs authorized by law; or
(C) The investment of funds by a public body as authorized by
law, and other financial transactions of a public body that by
their character cannot practically be established under the
competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(q) Contracts for employee benefit plans as provided in ORS
243.105 (1), 243.125 (4), 243.221, 243.275, 243.291, 243.303 and
243.565; or
(r) Any other public contracting of a public body specifically
exempted from the code by another provision of law.
(3) The Public Contracting Code does not apply to the public
contracting activities of:
(a) The Oregon State Lottery Commission;
(b) The Oregon University System and member institutions,
except as provided in ORS 351.086;
(c) The legislative department;
(d) The judicial department;
(e) Semi-independent state agencies listed in ORS 182.451 and
182.454, except as provided in ORS 279.835 to 279.855 and
279A.250 to 279A.290;
(f) Oregon Corrections Enterprises;
(g) The Oregon Film and Video Office, except as provided in ORS
279A.100 and 279A.250 to 279A.290;
(h) The Travel Information Council, except as provided in ORS
279A.250 to 279A.290;
(i) The Oregon 529 College Savings Network and the Oregon 529
College Savings Board;
(j) The Oregon Innovation Council; or
(k) Any other public body specifically exempted from the code
by another provision of law.
(4) ORS 279A.200 to 279A.225 and 279B.050 to 279B.085 do not
apply to contracts made with qualified nonprofit agencies
providing employment opportunities for disabled individuals under
ORS 279.835 to 279.855.
SECTION 18. ORS 291.055 is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(D) Assessments paid to the Office of Private Health
Partnerships under section 12, chapter 727, Oregon Laws 2005.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and the fee assessed is based on
actual cost of services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the { - State Parks and
Recreation Director in accordance with - } { + Director of the
Oregon State Fair and Exposition Center under + } ORS 565.080
{ - (3) - } { + (4) + }.
(j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be restored to their normal level if, at
the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be restored to its
normal level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 19. ORS 291.055, as amended by section 15, chapter 727,
Oregon Laws 2005, and section 24e, chapter 744, Oregon Laws 2005,
is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and the fee assessed is based on
actual cost of services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the { - State Parks and
Recreation Director in accordance with - } { + Director of the
Oregon State Fair and Exposition Center under + } ORS 565.080
{ - (3) - } { + (4) + }.
(j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be restored to their normal level if, at
the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be restored to its
normal level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 20. ORS 307.110 is amended to read:
307.110. (1) Except as provided in ORS 307.120, all real and
personal property of this state or any institution or department
thereof or of any county or city, town or other municipal
corporation or political subdivision of this state, held under a
lease or other interest or estate less than a fee simple, by any
person whose real property, if any, is taxable, except employees
of the state, municipality or political subdivision as an
incident to such employment, shall be subject to assessment and
taxation for the assessed or specially assessed value thereof
uniformly with real property of nonexempt ownerships.
(2) Each leased or rented premises not exempt under ORS 307.120
and subject to assessment and taxation under this section which
is located on property used as an airport and owned by and
serving a municipality or port shall be separately assessed and
taxed.
(3) Nothing contained in this section shall be construed as
subjecting to assessment and taxation any publicly owned property
described in subsection (1) of this section that is:
(a) Leased for student housing by a school or college to
students attending such a school or college.
(b) Leased to or rented by persons, other than sublessees or
subrenters, for agricultural or grazing purposes and for other
than a cash rental or a percentage of the crop.
(c) Utilized by persons under a land use permit issued by the
Department of Transportation for which the department's use
restrictions are such that only an administrative processing fee
is able to be charged.
(d) County fairgrounds and the buildings thereon, in a county
holding annual county fairs, managed by the county fair board
under ORS 565.230, if utilized, in addition to county fair use,
for any of the purposes described in ORS 565.230 (2), or for
horse stalls or storage for recreational vehicles or farm
machinery or equipment.
(e) The properties and grounds managed and operated by the
{ - State Parks and Recreation Director - } { + Oregon State
Fair and Exposition Center + } under { - ORS 565.080 - } { +
section 10 of this 2007 Act + }, if utilized, in addition to the
purpose of holding the Oregon State Fair, for horse stalls or for
storage for recreational vehicles or farm machinery or equipment.
(f) State property that is used by the Oregon University System
or the Oregon Health and Science University to provide parking
for employees, students or visitors.
(g) Property of a housing authority created under ORS chapter
456 which is leased or rented to persons of lower income for
housing pursuant to the public and governmental purposes of the
housing authority. For purposes of this paragraph, 'persons of
lower income' has the meaning given the phrase under ORS 456.055.
(h) Property of a health district if:
(A) The property is leased or rented for the purpose of
providing facilities for health care practitioners practicing
within the county; and
(B) The county is a frontier rural practice county under rules
adopted by the Office of Rural Health.
(4) Property determined to be an eligible project for tax
exemption under ORS 285C.600 to 285C.626 and 307.123 that was
acquired with revenue bonds issued under ORS 285B.320 to 285B.371
and that is leased by this state, any institution or department
thereof or any county, city, town or other municipal corporation
or political subdivision of this state to an eligible applicant
shall be assessed and taxed in accordance with ORS 307.123. The
property's continued eligibility for taxation and assessment
under ORS 307.123 is not affected:
(a) If the eligible applicant retires the bonds prior to the
original dates of maturity; or
(b) If any applicable lease or financial agreement is
terminated prior to the original date of expiration.
(5) The provisions of law for liens and the payment and
collection of taxes levied against real property of nonexempt
ownerships shall apply to all real property subject to the
provisions of this section. Taxes remaining unpaid upon the
termination of a lease or other interest or estate less than a
fee simple, shall remain a lien against the real or personal
property.
(6) If the state enters into a lease of property with, or
grants an interest or other estate less than a fee simple in
property to, a person whose real property, if any, is taxable,
then within 30 days after the date of the lease, or within 30
days after the date the interest or estate less than a fee simple
is created, the state shall file a copy of the lease or other
instrument creating or evidencing the interest or estate with the
county assessor. This section applies notwithstanding that the
property may otherwise be entitled to an exemption under this
section, ORS 307.120 or as otherwise provided by law.
SECTION 21. ORS 390.134 is amended to read:
390.134. (1) As used in this section:
(a) 'Camper' has the meaning given that term in ORS 801.180.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
(c) 'Motor home' has the meaning given that term in ORS
801.350.
(d) 'Travel trailer' has the meaning given that term in ORS
801.565.
(2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. Moneys
in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund
shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund must be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be
deposited in a separate subaccount established under subsection
(3) of this section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(3) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the
purposes for which they are deposited.
(4) All of the moneys in the fund except those moneys described
in subsection (3), (5), (6) or (7) of this section must be
deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites { - and for the maintenance and operation of the Oregon
State Fair - } . The moneys in the subaccount under this
subsection must be accounted for separately and stated separately
in the State Parks and Recreation Department's biennial budget.
(5) Thirty percent of the amount transferred to the State Parks
and Recreation Department under ORS 366.512 from the registration
of travel trailers, campers and motor homes and under ORS 803.601
from recreational vehicle trip permits must be deposited in a
separate subaccount within the fund to be distributed for the
maintenance, care and use of county park and recreation sites.
The moneys in the subaccount under this subsection must be
accounted for separately. The following apply to the distribution
of moneys under this subsection:
(a) The moneys must be distributed among the several counties
for the purposes described in this subsection. The distribution
shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(b) The sums designated under this subsection must be remitted
to the county treasurers of the several counties by warrant.
(c) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In
determining the composition of the advisory committee, the
department shall attempt to provide reasonable representation for
county officials or employees with responsibilities relating to
county parks and recreation sites.
(d) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation areas.
The rules under this paragraph shall provide for distribution of
moneys based on use and need and, as the department determines
necessary, on the need for the development and maintenance of
facilities to provide camping sites for campers, motor homes and
travel trailers.
(6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
(8) On or before January 15 of each odd-numbered year, the
State Parks and Recreation Director shall report to the Joint
Legislative Committee on Ways and Means created by ORS 171.555 on
the use of moneys deposited pursuant to ORS 805.256 in the fund.
The director shall make the report in a form and manner as the
committee may prescribe.
SECTION 22. ORS 462.055 is amended to read:
462.055. (1) The Oregon Racing Commission may require of every
applicant for a license to hold a race meet { - , except the
Oregon State Fair and all county fairs, - } that has not, within
five fiscal years prior to making an application for a license to
hold a race meet, operated a race meet in the county or the city
in which application for a license to hold a race meet is made, a
recommendation in writing of the board of county commissioners of
the county in the event the race meet is to be held outside of a
city, and of the governing body of such city if the race meet is
to be held within a city. { + This subsection does not apply to
county fairs. + }
(2) The commission may take such recommendation into
consideration before granting or refusing such license. The
applicant shall pay an investigating fee not to exceed $100 to
the recommending authority, if any.
SECTION 23. ORS 462.070 is amended to read:
462.070. (1) The license fees for any one fiscal year shall be
$10 for any person required to be licensed under ORS 462.020 (2).
For a person who qualifies for and desires a license in more than
one category, the fee shall be $2 for each additional category so
licensed. Notwithstanding the foregoing, the total collective fee
for all persons who act as employees of a race meet licensee at a
race meet in which the average daily gross mutuel wagering during
the preceding fiscal year did not exceed $150,000 shall be $100.
The Oregon Racing Commission also may charge a reasonable fee for
claiming certificates in an amount not to exceed $10.
(2) The license fee per fiscal year for operators of public
training tracks or kennels required to be licensed under ORS
462.020 (3) shall be:
(a) For { - the Oregon State Fair or - } a county or
district fair, $10.
(b) For all other operators of public training tracks or
kennels, $25.
(3) Notwithstanding the provisions of this section, on and
after July 1, 1983, the commission may by rule provide for the
issuance of licenses as required under subsection (1) of this
section valid for one, two or three years from date of issuance.
The commission may fix the expiration date thereof and charge a
fee at not less than the annual rate for each year, or part
thereof, the license is determined valid.
SECTION 24. ORS 565.010 is amended to read:
565.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Board' means county fair board.
{ + (2) 'Center' means the Oregon State Fair and Exposition
Center.
(3) 'Commission' means the Oregon State Fair Commission. + }
{ - (2) - } { + (4) + } 'County court' includes board of
county commissioners.
{ - (3) - } { + (5) + } 'County fair' means an exhibition
held for the purposes of disseminating knowledge concerning, and
encouraging the growth and prosperity of, all agricultural, stock
raising, horticultural, mining, mechanical, artistic and
industrial pursuits in a county, including the racing of animals
and vehicles.
{ - (4) - } { + (6) + } 'County fairgrounds' means the
ground and all other property owned, leased, used or controlled
by a county and devoted to the use of a county fair.
{ + (7) 'Director' means the Director of the Oregon State
Fair and Exposition Center. + }
SECTION 25. ORS 565.030 is amended to read:
565.030. { + (1) + } The { - State Fair Advisory
Committee - } { + Oregon State Fair Commission + } shall
provide advice and assistance to the { - State Parks and
Recreation - } Director { + of the Oregon State Fair and
Exposition Center + } on matters regarding the operation of the
Oregon State Fair and shall solicit and encourage support
throughout the state to improve the quality of and participation
in the fair to achieve the purposes { - and objectives of - }
{ + described in + } ORS 565.050.
{ + (2) The director may not substantially change the
character of activities traditionally associated with the Oregon
State Fair without prior approval by the commission. + }
SECTION 26. ORS 565.050 is amended to read:
565.050. { + (1) The Oregon State Fair and Exposition Center
shall administer and operate the Oregon State Fair. + }The
{ - objects and - } purposes of the { - Oregon - } state
fair are to disseminate knowledge concerning, and to encourage
the growth and prosperity of all agricultural, stock raising,
horticultural, mining, mechanical, artistic and industrial
pursuits in this state. { - To this end the State Parks and
Recreation - }
{ + (2) The Director of the Oregon State Fair and Exposition
Center shall schedule the state fair annually for a period of not
more than 17 days, beginning and ending on the dates the director
considers appropriate.
(3) The + } director shall operate the { - business and
properties of the Oregon State Fair - } { + state
fairgrounds + } as a year-round fair and exposition center,
display historical objects and do all things necessary or
expedient for the full utilization of the
{ - properties and facilities of the fair - } { + state
fairgrounds + }. { - The director shall conduct an annual state
fair for a period of not more than 17 days' duration beginning
and ending on such dates as the director considers
appropriate. - }
SECTION 27. ORS 565.060 is amended to read:
565.060. In accordance with any applicable provision of ORS
chapter 183, the { - State Parks and Recreation Commission - }
{ + Director of the Oregon State Fair and Exposition Center + }
may adopt rules to carry out the provisions of this chapter.
SECTION 28. ORS 565.080 is amended to read:
565.080. (1) The { - State Parks and Recreation - } Director
{ + of the Oregon State Fair and Exposition Center + } shall
{ - have care of - } { + oversee the management of the
property owned or occupied by + }the Oregon State Fair { + and
Exposition Center + } { - property - } and be entrusted with
the direction of { - its - } { + the + } business and
financial affairs { + of the center + }. The director shall
prepare, adopt, publish and enforce all necessary rules for the
management of the Oregon State Fair { + and the center + }
{ - , its meetings and exhibitions and for the guidance of its
officers or employees - } .
{ + (2) In carrying out any duties, functions or powers
relating to property acquisition, capital construction or capital
improvements for the center, the director shall contract with the
Oregon Department of Administrative Services for the department
to perform all services supporting the exercise of those duties,
functions and powers. + }
{ - (2) - } { + (3) + } The director may appoint { - all
necessary marshals - } { + peace officers + } to keep order on
the grounds { - and in the buildings of the Oregon State Fair
during all exhibitions. The marshals so appointed shall be vested
with the same authority for such purposes as executive peace
officers are vested by law - } { + owned or occupied by the
center as described in ORS 565.640 + }.
{ - (3) - } { + (4) + } The director shall { + :
(a) + } Establish charges for entrance fees, gate money,
{ - lease - } { + leased + } stalls, stands, parking space,
buildings { - , - } { + and + } restaurant sites;
{ + (b) Notwithstanding ORS 227.286, + } conduct shows,
exhibitions, races and all manner of business
{ - notwithstanding the provisions of ORS 227.286 - } { + ; + }
and
{ + (c) + } Do all other things the director considers proper
in the operation of a year-round fair and exposition center and
the annual state fair.
{ + (5) + } The state is { - in no event - } { + not + }
liable for any premium awarded or debt created by the director
beyond the amount annually appropriated therefor.
{ - (4) - } { + (6) Subject to procedures established by
the Oregon State Fair Commission, + } the director may enter into
sponsorship agreements for the receipt of moneys, services,
products or other items of value. A sponsorship agreement entered
into under this subsection is not subject to ORS 279.835 to
279.855 or ORS chapter 279A or 279B { + or to the requirement
under subsection (2) of this section for the provision of
services by the Oregon Department of Administrative Services + }.
SECTION 29. ORS 565.090 is amended to read:
565.090. (1) { + The Oregon State Fair and Exposition Center
shall conduct + } the Oregon State Fair { - shall be
permanently located on the present grounds now owned by the state
and heretofore devoted to Oregon State Fair purposes, - } { +
annually on the state fairgrounds + }located in the City of
Salem, in Marion County. { - Those grounds and such additional
lands as may hereafter be obtained by the State Parks and
Recreation Department for the purposes of the Oregon State
Fair - }
{ + (2) The state fairgrounds and any additional lands or
facilities obtained by the center + } are dedicated for the use
of the
{ - Oregon State Fair and for other departmental programs - }
{ + center + }.
{ - (2) - } { + (3) + } The { - department - } { +
center + } may obtain by donation, exchange or purchase
{ - such - } lands adjacent to the { - present grounds - }
{ + state fairgrounds + }, including improvements
{ - thereon, as it may deem - } { + on those adjacent lands,
that the center deems + }necessary and advisable to facilitate
the use of { - such grounds and - } { + the state
fairgrounds. The center + }may construct, remodel and repair
buildings and facilities { - deemed by it necessary in - }
{ + for + } the operation of the Oregon State Fair and for
other { - departmental - } { + center + } programs.
SECTION 30. ORS 565.095 is amended to read:
565.095. (1) In accordance with any applicable provisions of
ORS 286.010, 286.020 and 286.105 to 286.135 and ORS chapter 288,
the { - State Parks and Recreation - } Director { + of the
Oregon State Fair and Exposition Center + }, with the approval of
the { - State Parks and Recreation - } { + Oregon State
Fair + } Commission and the State Treasurer, may issue revenue
bonds in an amount not to exceed $10 million.
(2) Moneys received from the issuance of revenue bonds may be
expended for land acquisition, capital construction and
improvements and for paying current operating and other expenses
of the Oregon State Fair { + and Exposition Center + }.
(3) Revenue bonds issued pursuant to this section shall be
secured by revenues received by the director from activities
conducted { - at the Oregon State Fair - } { + on property
owned or occupied by the center + }, and { - shall - } { +
may + } not be a general obligation of the
{ - State Parks and Recreation Department - } { + center + }
or the State of Oregon.
SECTION 31. ORS 565.103 is amended to read:
565.103. (1) Pursuant to ORS 286.560 to 286.580, lottery bonds
may be issued to fund projects for the improvement, restoration,
upgrading and preservation of systems, facilities and equipment
of the Oregon State Fair { + and Exposition Center + }.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) The activities of the Oregon State Fair { + and Exposition
Center + } promote Oregon's agricultural industry and its
products;
(b) The promotion of agricultural products expands markets,
which in turn creates jobs and stimulates economic development of
the industry; and
(c) The Oregon State Fair draws patrons from throughout the
region and creates jobs and substantial economic activity for the
Salem and Keizer areas.
(3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $20,167,661
and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. Lottery bonds issued
pursuant to this section shall be issued only at the request of
the { - State Parks and Recreation - } Director { + of the
Oregon State Fair and Exposition Center + }.
(4) The net proceeds of lottery bonds issued pursuant to this
section shall be deposited in the State Fair Capital Project
Fund, which is hereby established in the State Treasury separate
and distinct from the General Fund.
(5) The proceeds of lottery bonds issued pursuant to this
section shall be used only for the purposes set forth in
subsection (1) of this section and for bond-related costs.
SECTION 32. ORS 565.107 is amended to read:
565.107. (1) The Oregon State Fair { + and Exposition
Center + } Account is created as an account separate and distinct
from the General Fund of the State Treasury. { + Interest
described in this subsection shall accrue to the account. + }The
account shall consist of:
(a) Proceeds from the sale of revenue bonds authorized to be
issued by ORS 565.095.
(b) Interest earned on moneys held for debt service payments
{ - , - } { + and + } rebates and { + interest earned on + }
the proceeds from the sale of revenue bonds pursuant to ORS
565.095 { - , notwithstanding ORS 293.140, including moneys held
since December 17, 1986 - } . Such interest earnings shall be
separately accounted for within the account and shall be
available only for the purpose of retiring bond indebtedness.
(c) Moneys received by the { - State Parks and Recreation - }
Director { + of the Oregon State Fair and Exposition Center + }
from activities conducted { - at - } { + on property owned or
occupied by + } the Oregon State Fair { + and Exposition
Center + }.
(d) Moneys received by the director by appropriation, gift,
grant or other donation from any source or otherwise paid to the
director pursuant to law. Moneys received as a result of a gift,
grant or donation shall be separately accounted for within the
account and shall be available only for the purpose specified in
the gift, grant or donation or, if no purpose is specified, for
any purpose that the { - State Parks and Recreation - } { +
Oregon State Fair + } Commission determines is consistent with
the intent of the donor or grantor.
(e) Interest earned on moneys received by the director as a
result of a gift, grant or donation. The interest earnings shall
be separately accounted for within the account and shall be
available only for the purpose specified in the gift, grant or
donation or, if no purpose is specified, for any purpose that the
commission determines is consistent with the intent of the donor
or grantor.
(2) Moneys in the account created by subsection (1) of this
section are appropriated continuously to the { - State Parks
and Recreation Department - } { + Oregon State Fair and
Exposition Center + } for
{ - the payment of - } :
(a) { + The payment of + } operating and other expenses of the
{ - Oregon State Fair - } { + center + }.
(b) Land acquisition, capital construction and capital
improvements { - at - } { + on property owned or occupied
by + } the { - Oregon State Fair - } { + center + }.
(c) { + The payment of + } principal and interest on all
revenue bonds issued pursuant to ORS 565.095.
(d) Any purpose designated by the donor or grantor of a gift,
grant or donation, or for any other purpose that the commission
determines is consistent with the intent of the donor or grantor,
to the extent of gift, grant, donation and resulting interest
moneys within the account.
SECTION 33. ORS 565.109 is amended to read:
565.109. The { - State Parks and Recreation - } Director
{ + of the Oregon State Fair and Exposition Center + } may
accept gifts, grants and donations of moneys, property or any
other valuable thing on behalf of the Oregon State Fair { + and
Exposition Center + }. Unless use of moneys, property or valuable
things received under this section is limited by the donor or
grantor, the moneys, property or valuable thing may be used in
any manner that the { - State Parks and Recreation - } { +
Oregon State Fair + } Commission determines to be consistent with
the intent of the donor or grantor.
SECTION 34. ORS 565.114 is amended to read:
565.114. The Legislative Assembly finds and declares that:
(1) The successful solicitation of gifts, grants and donations
for the benefit of the Oregon State Fair { + and Exposition
Center + } allows the operation, improvement and maintenance of
facilities or programs enjoyed by the public. The receipt of
gifts, grants and donations for the benefit of the { - Oregon
State Fair - } { + center + } reduces the amount of public
moneys that must be spent for the operation, improvement and
maintenance of facilities or programs.
(2) The successful solicitation of gifts, grants and donations
by a nonprofit, tax exempt organization for the benefit of the
{ - Oregon State Fair - } { + center + } minimizes the cost to
the state of obtaining those gifts, grants and donations.
Cooperation between the { - State Parks and Recreation
Department - } { + center + } and such an organization,
including the provision of tickets and other promotional items,
facilities, supplies, staff and services by the
{ - department - } { + Director of the Oregon State Fair and
Exposition Center + } for use by such an organization in
connection with fund raising efforts, serves a public purpose by
increasing the ability of the organization to successfully
solicit gifts, grants and donations for the benefit of the
{ - Oregon State Fair - } { + center + }.
SECTION 35. ORS 565.116 is amended to read:
565.116. (1) The { - State Parks and Recreation - } Director
{ + of the Oregon State Fair and Exposition Center + }may
cooperate with any nonprofit, tax exempt organization designated
by the director as an appropriate organization to solicit gifts,
grants and donations for the benefit of the Oregon State
Fair { + and Exposition Center + }.
(2) The director may advise and receive advice from an
organization described in subsection (1) of this section. The
director may, if allowed by the charter and bylaws of the
organization, serve as a regular or nonvoting board member of the
organization. The director may not chair the board of directors,
vote for or appoint other board members, control the financial
affairs of the organization or oversee the day-to-day operation
of the organization.
(3) The director may provide tickets, promotional items and
facilities to the organization without charge for use in
increasing the ability of the organization to successfully
solicit gifts, grants and donations for the benefit of the
{ - Oregon State Fair - } { + center + }.
(4) The director may provide supplies, staff and services to
the organization at cost for use in increasing the ability of the
organization to successfully solicit gifts, grants and donations
for the benefit of the { - Oregon State Fair - } { +
center + }.
(5) The director shall submit an annual accounting report to an
appropriate committee of the Legislative Assembly designated by
the Speaker of the House of Representatives and the President of
the Senate. The report must contain a detailed description of all
tickets, promotional items, facilities, supplies, staff and
services provided under subsections (3) and (4) of this section,
the specific disposition or application thereof made by the
organization and any resulting benefit to the { - Oregon State
Fair - } { + center + }.
(6) The director may enter into an agreement for the donation
to the { - Oregon State Fair - } { + center + } of goods,
services and public improvements by a nonprofit, tax exempt
organization.
SECTION 36. ORS 565.120 is amended to read:
565.120. The { - State Parks and Recreation Director is
authorized to - } { + Director of the Oregon State Fair and
Exposition Center may + } issue a license permitting the holder
of the license to conduct any business { - therein named - }
{ + identified in the license + } upon the grounds { - of - }
{ + owned or occupied by + } the Oregon State Fair { + and
Exposition Center + }. Issuance of licenses shall be in
accordance with the competitive bidding requirements of ORS
279.835 to 279.855 and ORS chapters 279A and 279B for the
awarding of public contracts, to the extent those procedures are
practicable. { - The funds arising therefrom shall become a
part of - } { + The Director of the Oregon Department of
Administrative Services may adopt rules prescribing additional
competitive bidding procedures the director considers
appropriate. Moneys received from the issuance of licenses under
this section shall be deposited to + }the Oregon State Fair
{ + and Exposition Center + } Account.
SECTION 37. ORS 565.130 is amended to read:
565.130. (1) { + The Director of the Oregon State Fair and
Exposition Center may issue + } licenses under ORS 565.120
{ - may be issued - } permitting any business to be conducted
upon the grounds
{ - of the Oregon State Fair which - } { + owned or occupied
by the Oregon State Fair and Exposition Center that + } under the
laws of this state may be conducted at any place within the
state, including the sale of malt, vinous or distilled liquor.
(2) Any business { - so - } licensed by the { - State
Parks and Recreation - } director { + under ORS 565.120 + } is
not required to { - pay license to - } { + obtain a license
from or pay a license fee to + } any city, county or state { - ,
other than to the director as provided in ORS 565.120, - } for
conducting a business upon the grounds { - of the Oregon State
Fair - } { + owned or occupied by the center + }. However,
nothing in this section shall interfere with the laws of this
state requiring a license for the operation of a restaurant or
requiring a license to be obtained from the Oregon Liquor Control
Commission for the sale or distribution of alcoholic liquors.
SECTION 38. ORS 565.140 is amended to read:
565.140. The buildings and { + building + } facilities
{ - therein - } that are planned, constructed, altered,
furnished and equipped by the
{ - State Parks and Recreation Department - } { + Oregon
State Fair and Exposition Center + } at the state fairgrounds, as
authorized by chapter 442, Oregon Laws 1957, shall be used
primarily for the housing and dining of members of 4-H Clubs and
of Future Farmers of America and for exhibit and contest space
for nonlivestock exhibits of both groups. These buildings and
{ + building + } facilities
{ - therein - } shall be available for other groups only at
times other than during the state fair and as authorized by the
{ - department - } { + center + }.
SECTION 39. ORS 565.150 is amended to read:
565.150. (1) { - When - } { + If the + } construction of an
armory containing an auditorium is authorized under ORS 396.505
to 396.545 in Marion County, { - if the State Parks and
Recreation Department - } { + and the Oregon State Fair and
Exposition Center + } and the General Staff of the Oregon
National Guard arrive at a mutually satisfactory agreement for
the use of the armory by the
{ - department, the department may, notwithstanding the
provisions of ORS 565.090, permit such armory to be constructed
on the grounds of the Oregon State Fair and grant control over
such armory and - } { + center, the center, notwithstanding ORS
565.090, may allow an armory to be constructed on the state
fairgrounds and grant control over the armory and armory
+ }grounds to the General Staff for the period that { - such
armory and - } { + the armory and armory + } grounds are used
for military purposes. When such { + an + } armory and { +
armory + } grounds are no longer used for military purposes, the
control over { - them - } { + the armory and armory
grounds + } shall revert to the { - department - } { +
center + }.
(2) For purposes of this section, 'control' does not include
the power to sell, lease, mortgage or in any other way encumber
an armory constructed under subsection (1) of this section.
SECTION 40. ORS 565.160 is amended to read:
565.160. (1) The { - State Parks and Recreation
Department - } { + Oregon State Fair and Exposition Center + }
shall plan, construct, alter, furnish and equip horse barn
facilities at the { - Oregon State Fair - } { + state
fairgrounds + } suitable for stabling horses. These facilities
shall also include rest rooms suitable for public use. The
{ - department - } { + center + } shall also plan, construct,
alter, furnish and equip storm sewers on the { - grounds of the
Oregon State Fair - } { + state fairgrounds + }.
(2) Notwithstanding any other provision of law pertaining to
sale of public property, the State Treasurer, with the approval
of the investing agency, may sell any site or facility described
in subsection (1) of this section or { + any + } interest
{ - therein so acquired - } { + in the site or facility + } by
offer for sale by sealed bid. However:
(a) Any or all bids may be rejected.
(b) The state has first option to purchase at the highest bid
accepted.
SECTION 41. ORS 565.170 is amended to read:
565.170. The { - State Parks and Recreation Department - }
{ + Oregon State Fair and Exposition Center + } shall plan,
construct, alter, furnish and equip on the { - grounds of the
Oregon State Fair - } { + state fairgrounds + } a facility
suitable for housing exhibits and providing contest space for the
homemaking arts and crafts.
SECTION 42. ORS 565.610 is amended to read:
565.610. (1) { - No person shall - } { + A person may
not + } set up any shop, booth, wagon or other vehicle for the
sale of spirituous or other liquors, cigars, provisions or other
articles of traffic, or
{ - shall - } sell or otherwise dispose of any liquors,
cigars, goods, wares, merchandise, meals, lunch or any article of
traffic whatever on the { - grounds of the Oregon State Fair,
or on any - } grounds owned or occupied by { + the Oregon State
Fair and Exposition Center, + } a county fair board or any county
or district society formed for the promotion and encouragement of
agriculture, stock growing or horticulture, or within one-half
mile of { - such grounds, without having paid the State Parks
and Recreation Department, county fair board or such society the
license for the privilege, or obtained the written consent of the
department or county fair board or of the president and secretary
of such society. - } { + those grounds, without having paid a
license fee to the center, fair board or society for the
privilege, or having obtained the written consent of the Director
of the Oregon State Fair and Exposition Center, the county fair
board or the president and secretary of the society. + }
{ - (2) Nothing in this section shall restrain any person
except during fairs or exhibitions or other public events or
meetings on the grounds of the Oregon State Fair or of any county
fair board or of such societies, and for two days prior and two
days subsequent thereto. This section does not extend to any
person regularly and continuously carrying on business within
one-half mile of the premises mentioned. - }
{ + (2) Subsection (1) of this section applies only during
the period beginning three days before and ending two days after
each fair, exhibition or other public event or meeting conducted
on the grounds owned or occupied by the center, fair board or
society. Subsection (1) of this section does not apply to any
person regularly and continuously carrying on business within
one-half mile of those grounds. + }
SECTION 43. ORS 565.620 is amended to read:
565.620. { - No person shall - } { + A person may not + }
gain admission, or attempt to gain admission, to the grounds
{ - of the Oregon State Fair or of - } { + owned or occupied
by the Oregon State Fair and Exposition Center, + } a county fair
board or { - of - } any society
{ - mentioned - } { + described + } in ORS 565.610 during
{ - their - } annual fairs { + , + }
{ - or - } exhibitions { - , or at any - } { + or other + }
public events or meetings on the grounds { - of the Oregon
State Fair, county fair board or societies on their grounds, or
grounds occupied by them or either of them, - } { + owned or
occupied by the center, fair board or society + } except through
the special gates kept by the { - State Parks and Recreation
Department, county fair boards or societies - } { + center,
fair board or society + } for that purpose.
SECTION 44. ORS 565.630 is amended to read:
565.630. The { - State Parks and Recreation Director - }
{ + Oregon State Fair and Exposition Center, by rule + }, any
county fair board and every society { - mentioned - }
{ + described + } in ORS 565.610 may regulate { - its - }
prices of admission, licenses and all matters pertaining to the
conduct of { - its - } { + their + } annual fairs,
exhibitions or other public events or meetings. The penalty for
violation of
{ - its - } rules and regulations { + adopted under this
section + } is as provided by ORS 565.990 (2).
SECTION 45. ORS 565.640 is amended to read:
565.640. The peace officers of the { - State Parks and
Recreation Department, county fair board or any of the societies
mentioned in ORS 565.610, during the continuance of each annual
fair or other public event or meeting, and for three days prior
and two days subsequent thereto, on the grounds of the Oregon
State Fair or - } { + Oregon State Fair and Exposition Center,
a county fair board or a society described in ORS 565.610, during
the period beginning three days before and ending two days after
each annual fair, exhibition or other public event or meeting
conducted + } on any grounds owned or occupied by { - a county
fair board or such - } { + the center, fair board or + } society
for fairs, exhibitions or other public events or meetings, shall
have all the authority of a deputy sheriff and may make arrests
for violations of { - the provisions of ORS 565.610 to
565.650 - } { + ORS 565.610 to 565.640 + } or other laws of
this state, or the rules or regulations of the
{ - department, county fair board or such - } { + center,
fair board or + } society.
{ +
ACCOUNT NAME CHANGE + }
SECTION 46. { + (1) The amendments to ORS 565.107 by section
32 of this 2007 Act are intended to change the name of the
'Oregon State Fair Account' to the 'Oregon State Fair and
Exposition Center Account. '
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Oregon State
Fair Account,' wherever they occur in Oregon Revised Statutes,
words designating the 'Oregon State Fair and Exposition Center
Account.' + }
{ +
OPERATIVE DATE AND APPOINTMENTS + }
SECTION 47. { + (1) Sections 1 to 15 and 46 of this 2007 Act,
the amendments to Oregon Revised Statutes by sections 16 to 45 of
this 2007 Act and the repeal of ORS 565.021 and 565.040 by
section 49 of this 2007 Act become operative on January 1, 2010.
(2) Notwithstanding subsection (1) of this section:
(a) The Director of the Oregon State Fair and Exposition Center
may be appointed and qualified at any time before the operative
date established by subsection (1) of this section and may take
any action before that date that is necessary or convenient to
enable the director to exercise, on and after the operative date
established by subsection (1) of this section, all duties,
functions and powers of the director.
(b) The members of the Oregon State Fair Commission may be
appointed and qualified as described in sections 13 and 14 of
this 2007 Act before the operative date established by subsection
(1) of this section and may take any action before that date that
is necessary or convenient to enable the commission to exercise,
on and after the operative date established by subsection (1) of
this section, all duties, functions and powers of the commission.
(c) The Governor, the State Treasurer, the State Parks and
Recreation Director and the State Fair Advisory Committee may
take any action before the operative date established by
subsection (1) of this section that is necessary to facilitate
the transfer of duties, functions and powers under section 1 of
this 2007 Act on the operative date established by subsection (1)
of this section. + }
{ +
UNIT CAPTIONS + }
SECTION 48. { + The unit captions used in this 2007 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 2007 Act. + }
{ +
REPEALS + }
SECTION 49. { + ORS 565.021 and 565.040 are repealed. + }
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