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 528
 
                         Senate Bill 425
 
Sponsored by Senator FERRIOLI (at the request of Oregon Livestock
  Producers Association)
 
 
                             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.
 
  Changes mandatory state commodity assessment on beef to
permissive assessment. Reduces assessment limit. Repeals statute
directing partial expenditure of assessment moneys. Corrects
citation of federal law to reflect repeals.
 
                        A BILL FOR AN ACT
Relating to assessments on beef; creating new provisions;
  amending ORS 577.512; and repealing ORS 577.532.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 577.512 is amended to read:
  577.512. (1) If the United States Secretary of Agriculture
orders an assessment pursuant to the Beef Promotion and Research
Act of 1985, 7 U.S.C. 2901 to   { - 2918 - }  { +  2911 + }, that
applies to sales of cattle in this state, the Oregon Beef Council
may act pursuant to any authority granted under that order to
provide for collection of the assessment. The council may order
the collection of an assessment under this subsection only on
cattle sold for payment that are subject to the federal
assessment order and for which the assessment has not otherwise
been paid. The council may collect the federal assessment on
cattle that are exempt from the brand inspection fee under ORS
604.066 (3).
  (2) In addition to any assessment collected under subsection
(1) of this section or any fee for brand inspection services, the
council, by rule,   { - shall - }  { +  may + } levy an
assessment of not   { - less - }  { + more + } than 50 cents per
head   { - and not more than $1 per head - } , on the same
cattle, cattle hides and calves for which the   { - council - }
 { +  State Department of Agriculture + } makes brand inspections
and collects brand inspection fees. Moneys from the assessments
are continuously appropriated to the council for expenditure as
provided in ORS 577.295   { - and 577.532 - } .
  (3) The operator of a stockyard, slaughterhouse, packing plant
or livestock auction market shall deduct any assessment ordered
collected by the council pursuant to subsection (1) or (2) of
this section from the proceeds of sale owed to the operator by
the owner of an animal. The operator shall pay the assessment to
the   { - State Department of Agriculture - }  { +
department + }. When the operator provides a written statement of
sale proceeds to the owner of an animal, the operator shall
include a statement of the amount deducted from the proceeds for
state and federal assessments and for brand inspection services.
  (4) The department shall act as agent for the council to
collect any assessment ordered collected by the council pursuant
to subsection (1) or (2) of this section and any brand inspection
fees on cattle or cattle hides adopted by department rule
pursuant to ORS 604.066. The department shall collect any
assessment that the council orders collected under subsection (1)
or (2) of this section in the same time, manner and place that
the department collects brand inspection fees on cattle, cattle
hides and calves.  This subsection does not apply to:
  (a) Cattle and calves leaving this state solely for the purpose
of pasturing in another state;
  (b) Cattle presented at a recognized livestock show or rodeo;
  (c) Cattle presented at a livestock auction market but not
sold;
  (d) Cattle delivered outside this state, provided ownership of
the cattle remains unchanged;
  (e) Cattle slaughtered for personal consumption; and
  (f) Cattle resold within 10 days after purchase.
  (5) The department shall transfer or pay to the council, not
less frequently than once every two months, the amounts collected
by the department on behalf of the council, reduced by:
  (a) The collection and administrative costs to the department
in carrying out the requirements of this section, as determined
by the department; and
  (b) Refunds by the department of amounts improperly collected
under this section.
  (6) A person who believes that an assessment collected from the
person under this section is incorrect may apply to the
department for a refund not later than 60 days after the
department collects the assessment.
  (7) To the extent consistent with this section, the council
shall assess, levy and collect an assessment under this section
using the same process used by a commodity commission under ORS
576.325 for the assessment, levying and collection of an
assessment on an agricultural commodity.
  SECTION 2.  { + ORS 577.532 is repealed. + }
  SECTION 3.  { + The amendments to ORS 577.512 by section 1 of
this 2007 Act and the repeal of ORS 577.532 by section 2 of this
2007 Act apply to Oregon Beef Council assessments levied on or
after the effective date of this 2007 Act. If any assessment
levied under ORS 577.512 as set forth in the 2005 Edition of
Oregon Revised Statutes remains unexpended on the effective date
of this 2007 Act, expenditure of that assessment is subject to
ORS 577.512 as set forth in the 2005 Edition of Oregon Revised
Statutes and to former ORS 577.532. + }
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