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 2030
Senate Bill 639
Sponsored by Senator NELSON
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 composition of Oregon Wheat Commission and process for
appointing members. Changes process for removal of commission
member for cause. Provides for Director of Agriculture to declare
commission membership vacant upon member ceasing to qualify for
office. Makes public member position on commission permanent,
subject to elimination upon commission adopting certain rules
regarding assessment refunds. Specifies cause for which director
may remove commission member. Changes hearing process for removal
of commission member for cause.
Specifies purpose for State Department of Agriculture review of
commission plans and projects. Makes department review of
commission plans and projects permanent, subject to elimination
upon commission adopting certain rules regarding assessment
refunds.
Allows commission to exercise same powers as commodity
commission regarding independent contractors.
Eliminates requirement that commission administrator act as
administrator on full-time basis. Allows commission to appoint
employee or independent contractor as administrator. Changes
mandatory meeting provision. Changes provision for siting of
commission office. Requires commission to appoint vice
chairperson.
Eliminates restriction on assessment refund amount commission
may authorize by rule.
A BILL FOR AN ACT
Relating to the Oregon Wheat Commission; creating new provisions;
and amending ORS 578.025, 578.030, 578.040, 578.060, 578.070,
578.080, 578.090, 578.120, 578.130 and 578.216.
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 578. + }
SECTION 2. { + If the Director of Agriculture finds that an
appointed member of the Oregon Wheat Commission has ceased to
qualify under ORS 578.040 for membership on the commission, the
director shall immediately declare the position of that member
vacant. + }
SECTION 3. ORS 578.025 is amended to read:
578.025. (1) The State Department of Agriculture shall:
(a) Monitor the practices or methods used or proposed for use
by the Oregon Wheat Commission in carrying out the goals and
needs disclosed by the budget of the commission;
(b) Promote cooperation among the commission, commodity
commissions and the Oregon Beef Council and assist in the
interchange of information and experience among those entities;
(c) Carry out the assigned organizational procedures under this
chapter, including { + assisting the Director of Agriculture in
carrying out the duties of the director regarding + }the
appointment and removal of members of the commission;
(d) Review budgets submitted to the director { - of
Agriculture - } by the commission; and
(e) Adopt rules to carry out the provisions of this chapter.
(2) Except as provided in ORS 578.216, the department shall
review { - , and may approve or disapprove, - } plans and
projects recommended by the commission for wheat promotion,
advertising and research and for the dissemination of consumer
and wheat industry information. { - In reviewing plans and
projects recommended by the commission, the department shall
consider whether - } { + The department shall conduct the
review to ensure that + } the plan or project information is:
(a) Factual;
(b) Not disparaging to commodities; and
(c) Consistent with the purposes of this chapter.
SECTION 4. ORS 578.025, as amended by section 83, chapter 604,
Oregon Laws 2003, is amended to read:
578.025. { + (1) + } The State Department of Agriculture
shall:
{ - (1) - } { + (a) + } Monitor the practices or methods
used or proposed for use by the Oregon Wheat Commission in
carrying out the goals and needs disclosed by the budget of the
commission;
{ - (2) - } { + (b) + } Promote cooperation among the
commission, commodity commissions and the Oregon Beef Council and
assist in the interchange of information and experience among
those entities;
{ - (3) - } { + (c) + } Carry out the assigned
organizational procedures under this chapter, including
{ + assisting the Director of Agriculture in carrying out the
duties of the director regarding + } the appointment and removal
of members of the commission;
{ - (4) - } { + (d) + } Review budgets submitted to the
director { - of Agriculture - } by the commission; and
{ - (5) - } { + (e) + } Adopt rules to carry out the
provisions of this chapter.
{ + (2) Except as provided in ORS 578.216, the department
shall review plans and projects recommended by the commission for
wheat promotion, advertising and research and for the
dissemination of consumer and wheat industry information. The
department shall conduct the review to ensure that the plan or
project information is:
(a) Factual;
(b) Not disparaging to commodities; and
(c) Consistent with the purposes of this chapter. + }
SECTION 5. ORS 578.030 is amended to read:
578.030. (1) There hereby is created the Oregon Wheat
Commission { - consisting of eight members - } . The Director
of Agriculture shall appoint { + not fewer than + } six { + and
not more than eight + } voting commission members for terms of
four years. { + Except as provided in ORS 578.216, + } one
member appointed by the director must be a member of the
public { + . + } { - not associated with the production or
handling of wheat and having an active interest in the positive
economic development of the wheat industry. In making the other
five appointments of voting members of the commission the
director shall take into consideration any nominations or
recommendations made to the director by growers or growers'
organizations. - }
{ + (2) The commission, by a rule approved by a majority of
the nonpublic members appointed under subsection (1) of this
section, may create not more than two additional voting member
positions on the commission. A person appointed to a commission
position created under this subsection must be a representative
of the wheat industry. The director shall appoint members to any
positions created under this subsection for a term of two years.
A person may not serve a total of more than four terms as a
member appointed under this subsection. Notwithstanding any term
of appointment, a member position created under this section may
be eliminated by a rule approved by a majority of the nonpublic
board members appointed under subsection (1) of this section.
(3) In making appointments of voting members to the commission
the director:
(a) May not appoint a person unless the person has filed an
application for appointment;
(b) May not reopen the application process for a position
unless none of the applicants for the position meet the
qualifications for appointment to that position;
(c) Shall make all applications by qualified persons available
to wheat grower organizations for review and ranking; and
(d) Prior to making appointments, shall take into consideration
rankings and any recommendations made by wheat grower
organizations. + }
{ - (2) - } { + (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, without vote, - } { + nonvoting members + } of the
commission.
SECTION 6. ORS 578.030, as amended by section 89, chapter 604,
Oregon Laws 2003, is amended to read:
578.030. (1) There hereby is created the Oregon Wheat
Commission { - consisting of seven members - } . The Director
of Agriculture shall appoint { - five - } { + not fewer than
six and not more than eight + } voting commission members for
terms of four years. { - In making the appointments of voting
members of the commission the director shall take into
consideration any nominations or recommendations made to the
director by growers or growers' organizations. - } { + Except
as provided in ORS 578.216, one member appointed by the director
must be a member of the public.
(2) The commission, by a rule approved by a majority of the
nonpublic members appointed under subsection (1) of this section,
may create not more than two additional voting member positions
on the commission. A person appointed to a commission position
created under this subsection must be a representative of the
wheat industry. The director shall appoint members to any
positions created under this subsection for a term of two years.
A person may not serve a total of more than four terms as a
member appointed under this subsection. Notwithstanding any term
of appointment, a member position created under this section may
be eliminated by a rule approved by a majority of the nonpublic
board members appointed under subsection (1) of this section.
(3) In making appointments of voting members to the commission
the director:
(a) May not appoint a person unless the person has filed an
application for appointment;
(b) May not reopen the application process for a position
unless none of the applicants for the position meet the
qualifications for appointment to that position;
(c) Shall make all applications by qualified persons available
to wheat grower organizations for review and ranking; and
(d) Prior to making appointments, shall take into consideration
rankings and any recommendations made by wheat grower
organizations. + }
{ - (2) - } { + (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, without vote, - } { + nonvoting members + } of the
commission.
SECTION 7. ORS 578.040 is amended to read:
578.040. (1) The voting members of the Oregon Wheat Commission
shall be selected and appointed because of their ability and
disposition to serve the state's interest and their knowledge of
the state's natural resources. Voting members { - other than
the member of the public - } { + appointed under ORS 578.030
(1) + } must be { + United States + } citizens residing in this
state { - , who have been actually engaged in growing wheat in
this state for at least five years - } .
(2) { - Three of the members - } { + A nonpublic member
appointed under ORS 578.030 (1) must have been actually engaged
in growing wheat in this state for the five year period
immediately prior to being appointed to the commission. Of the
nonpublic members appointed under ORS 578.030 (1):
(a) Not less than three + } shall be residents of and have
farming operations in that part of the Columbia Basin comprising
{ - the following counties: - } Umatilla, Morrow, Gilliam,
Sherman, Wasco and Jefferson { + Counties + }.
{ + (b) Not less than + } one { - of the members - } shall
be a resident of and have a farming operation in the territory
{ - comprised of the other counties - } lying east of the
summit of the Cascade Mountains { + and not described in
paragraph (a) of this subsection + }.
{ + (c) Not less than + } one { - member - } shall be a
resident of and have a farming operation in the territory lying
west of the summit of the Cascade Mountains.
{ + (3) A public member shall be a person who is not
associated with the production or handling of wheat and who has
an active interest in the positive economic development of the
wheat industry.
(4) A member appointed to a position added under ORS 578.030
(2) must be an owner or employee of a business entity that is
engaged in the handling or processing of wheat produced in Oregon
and have an active interest in the positive economic development
of the wheat industry. + }
SECTION 8. ORS 578.040, as amended by section 93, chapter 604,
Oregon Laws 2003, is amended to read:
578.040. (1) The voting members of the Oregon Wheat Commission
shall be selected and appointed because of their ability and
disposition to serve the state's interest and their knowledge of
the state's natural resources. Voting members { + appointed
under ORS 578.030 (1) + } must be { + United States + } citizens
residing in this state { - , who have been actually engaged in
growing wheat in this state for at least five years - } .
(2) { - Three of the members - } { + A nonpublic member
appointed under ORS 578.030 (1) must have been actually engaged
in growing wheat in this state for the five year period
immediately prior to being appointed to the commission. Of the
nonpublic members appointed under ORS 578.030 (1):
(a) Not less than three + } shall be residents of and have
farming operations in that part of the Columbia Basin comprising
{ - the following counties: - } Umatilla, Morrow, Gilliam,
Sherman, Wasco and Jefferson { + Counties + }.
{ + (b) Not less than + } one { - of the members - } shall
be a resident of and have a farming operation in the territory
{ - comprised of the other counties - } lying east of the
summit of the Cascade Mountains { + and not described in
paragraph (a) of this subsection + }.
{ + (c) Not less than + } one { - member - } shall be a
resident of and have a farming operation in the territory lying
west of the summit of the Cascade Mountains.
{ + (3) A public member shall be a person who is not
associated with the production or handling of wheat and who has
an active interest in the positive economic development of the
wheat industry.
(4) A member appointed to a position added under ORS 578.030
(2) must be an owner or employee of a business entity that is
engaged in the handling or processing of wheat produced in Oregon
and have an active interest in the positive economic development
of the wheat industry. + }
SECTION 9. ORS 578.060 is amended to read:
578.060. (1) { + (a) + } A member is removable by the Director
of Agriculture for { - cause after being given a copy of
written charges and an opportunity to be heard publicly - } { +
as provided in section 2 of this 2009 Act or for neglect of duty
or misconduct in office + }.
{ - In addition to all other causes, ceasing to be a resident
of this state or to be actually engaged in growing wheat therein
is sufficient cause for removal. - }
{ + (b) The director may remove a member only after serving
the member with a copy of the charges against the member and
conducting a public hearing. The director shall serve the member
with the copy of the charges and notice of the time and place of
the public hearing at least 10 days before the date of the
hearing. At the public hearing, the member may be represented by
counsel and may present and respond to evidence regarding the
charges.
(c) If the director finds after a public hearing that there is
cause to remove a member, the director shall send the member a
notice under ORS 183.415 stating the director's intent to remove
the member. If the member does not timely file a request for a
contested case hearing, or if the director finds after a
contested case hearing that there is cause to remove the member,
the director may issue an order removing the member. Upon the
order becoming final by operation of law, the director shall file
with the Secretary of State a copy of the charges, all records
and findings for the public hearing and any contested case
hearing, and a copy of the order. + }
(2) Members, officers and employees of the Oregon Wheat
Commission shall receive their actual and necessary travel and
other expenses incurred in the performance of their official
duties. The commission shall adopt uniform and reasonable rules
governing the incurring and paying of such expenses. { + + }
SECTION 10. ORS 578.070 is amended to read:
578.070. The Oregon Wheat Commission shall elect a chairperson
and { - may employ a secretary who is not a member of the
commission - } { + vice chairperson + }.
SECTION 11. ORS 578.080 is amended to read:
578.080. (1) The Oregon Wheat Commission shall meet at least
{ - once every three months - } { + four times each year + }
regularly and at such other times as called by the chairperson.
The chairperson may call special meetings of the commission at
any time.
(2) The commission may participate in meetings outside this
state for the purpose of advancing the work of the commission.
SECTION 12. ORS 578.090 is amended to read:
578.090. (1) Consistent with the general purposes of this
chapter, the Oregon Wheat Commission shall establish the policies
to be followed in accomplishing those purposes.
(2) In the administration of this chapter, the commission has
the following duties, authorities and powers:
{ + (a) To enter into contracts for carrying out the
nondiscretionary functions of the commission. + }
{ - (a) - } { + (b) + } To conduct a campaign of research,
education and publicity.
{ - (b) - } { + (c) + } To find new markets for wheat and
wheat products.
{ - (c) - } { + (d) + } To give, publicize and promulgate
reliable information showing the value of wheat and wheat
products for any purpose for which it is found useful and
profitable.
{ - (d) - } { + (e) + } To make public and encourage the
widespread national and international use of the special kinds of
wheat and wheat products produced from the special varieties of
wheat grown in Oregon.
{ - (e) - } { + (f) + } To investigate and participate in
studies of the problems peculiar to the producers of wheat in
Oregon.
{ - (f) - } { + (g) + } To take such action as the
commission deems necessary or advisable in order to stabilize and
protect the wheat industry of the state and the health and
welfare of the public.
{ - (g) - } { + (h) + } To lease, purchase or own the real
or personal property deemed necessary in the administration of
this chapter.
{ - (h) - } { + (i) + } To establish a reasonable per diem
allowance, in addition to expenses under ORS 578.060, to members
of the commission while actually engaged in the performance of
their official duties, including necessary travel time.
(3) In addition to exercising the powers listed in subsection
(2) of this section, the commission may exercise the same powers
that a commodity commission may exercise under ORS 576.304 { +
or 576.306 + }.
SECTION 13. ORS 578.120 is amended to read:
578.120. { + (1) + }The Oregon Wheat Commission shall appoint
an administrator { + . + } { - , who shall devote full time to
the administration of this chapter. - } { + An administrator
serves at the pleasure of the commission. The administrator may
be an employee of the commission or an independent contractor. If
the administrator is an employee of the commission, the
administrator shall be an unclassified employee for purposes of
ORS chapter 240.
(2) + }The administrator { + , + } { - is an ex officio
member, without vote, - } { + or a representative of an
administrator that is an independent contractor, is a nonvoting
member + } of the commission.
{ + (3) + }The administrator shall proceed immediately to
prepare the plans and general program necessary and adequate to
carry out the policies that are adopted by the commission. { +
The commission may not delegate a discretionary responsibility or
discretionary authority of the commission to the administrator.
(4) + } The administrator shall be { - paid the salary - }
{ + compensated in the amount + } fixed by the commission.
SECTION 14. ORS 578.130 is amended to read:
578.130. { - For the convenience of the majority of those
most likely to be affected in the administration of this chapter,
the administrator, upon recommendation of - } The Oregon Wheat
Commission { - , - } may establish and maintain an office
{ - for the administrator, - } at any place { + within this
state that + } the commission selects.
SECTION 15. ORS 578.216 is amended to read:
578.216. (1) In addition to any refund permitted under ORS
578.211, the Oregon Wheat Commission may adopt rules that provide
for the commission to refund all or part of an assessment on
wheat upon request of the person paying the assessment. { - A
rule adopted under this subsection may not provide for the
commission to refund less than the portion of the assessment used
by the commission for advertising and product promotion. - }
(2) If the commission adopts rules pursuant to subsection (1)
of this section { - , - } { + that provide for a refund to be
at least equal in amount to the portion of the assessment on
wheat that is used by the commission for advertising and product
promotion:
(a) + }Plans and projects recommended by the commission are
exempt from State Department of Agriculture review { - and
approval or disapproval - } under ORS 578.025 { - (2) - }
{ + ; and
(b) The commission may vote to eliminate the public member
position on the commission + }.
SECTION 16. ORS 578.216, as amended by section 78, chapter 604,
Oregon Laws 2003, is amended to read:
578.216. { + (1) + } In addition to any refund permitted under
ORS 578.211, the Oregon Wheat Commission may adopt rules that
provide for the commission to refund all or part of an assessment
on wheat upon request of the person paying the assessment.
{ - A rule adopted under this subsection may not provide for the
commission to refund less than the portion of the assessment used
by the commission for advertising and product promotion. - }
{ + (2) If the commission adopts rules pursuant to subsection
(1) of this section that provide for a refund to be at least
equal in amount to the portion of the assessment on wheat that is
used by the commission for advertising and product promotion:
(a) Plans and projects recommended by the commission are exempt
from State Department of Agriculture review under ORS 578.025;
and
(b) The commission may vote to eliminate the public member
position on the commission. + }
----------