75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1764
 
                         House Bill 2763
 
Sponsored by Representatives CLEM, CANNON; Representatives BEYER,
  GILLIAM, KRIEGER, READ, ROBLAN, SCHAUFLER
 
 
                             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.
 
  Permits contracting agency that procures goods for public use
to give preference to agricultural products produced and
transported entirely within state if certain conditions are met.
Requires Director of Agriculture by rule to set standards for
determining whether agricultural products qualify for preference.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to procurements of agricultural goods; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 279A. + }
  SECTION 2.  { + (1) Notwithstanding provisions of law requiring
a contracting agency to award a contract to the lowest
responsible bidder or best proposer or provider of a quotation, a
contracting agency that procures goods for a public use may give
preference to procuring an agricultural product that is produced
and transported entirely within this state if the agricultural
product costs not more than five percent more than an
agricultural product that is not produced and transported
entirely within this state. The contracting agency may make a
written determination to set a higher percentage.
  (2) The Director of Agriculture by rule shall set standards for
determining whether an agricultural product is produced and
transported entirely within this state. + }
  SECTION 3.  { + Section 2 of this 2009 Act applies to contracts
first advertised or otherwise solicited or, if not advertised or
solicited, first entered into on or after January 1, 2010. + }
  SECTION 4.  { + (1) Section 2 of this 2009 Act becomes
operative January 1, 2010.
  (2) The Director of Agriculture may take any action before
January 1, 2010, that is necessary to enable the director to
exercise, on and after January 1, 2010, all of the duties,
functions and powers conferred on the director by section 2 of
this 2009 Act. + }
  SECTION 5.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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