68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 279

                         House Bill 3481

Sponsored by SPECIAL SESSION COMMITTEE ON GOVERNMENT AFFAIRS


                             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 procedures that State Department of Agriculture
must follow before investigating confined animal feeding
operation on basis of complaint. Authorizes investigation at any
time if alleged violation presents threat to public health.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to investigation of confined animal feeding operation;
  creating new provisions; repealing ORS 468B.222, 468B.224 and
  468B.226 and section 37, chapter 3, Oregon Laws 1995 (special
  session); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 37, chapter 3, Oregon Laws 1995
(special session), is repealed and section 2 of this Act is
enacted in lieu thereof. + }
  SECTION 2.  { + Sections 4, 6 and 8 of this Act are added to
and made a part of ORS 468B.200 to 468B.230. + }
  SECTION 3.  { + ORS 468B.222 is repealed and section 4 of this
Act is enacted in lieu thereof. + }
  SECTION 4.  { + As used in sections 6 and 8 of this 1996 Act, '
person' does not include any local, state or federal agency. + }
  SECTION 5.  { + ORS 468B.224 is repealed and section 6 of this
Act is enacted in lieu thereof. + }
  SECTION 6.  { + (1) Prior to conducting an investigation of a
confined animal feeding operation under ORS 468B.217 on the basis
of a complaint, the State Department of Agriculture shall:
  (a) Require the person making the complaint to specify the
complaint in writing; and
  (b) Determine which provision of ORS chapter 468 or 468B, which
rule adopted under ORS chapter 468 or 468B or which permit issued
under ORS chapter 468 or 468B the operator of the confined animal
feeding operation may have violated.
  (2) If, upon investigation under ORS 468B.217 on the basis of a
complaint received under subsection (1) of this section, the
State Department of Agriculture determines that a confined animal
feeding operation has not violated a provision of ORS chapter 468
or 468B, a rule adopted under ORS chapter 468 or 468B or the
conditions of a permit issued under ORS chapter 468 or 468B, the
State Department of Agriculture shall require that any additional
complaint filed by the same person in the same calendar year
shall be accompanied by a security deposit of $100. If, after
investigation, the State Department of Agriculture determines
that a violation has occurred, the security deposit shall be
returned to the person who filed the complaint. If the State
Department of Agriculture determines that a violation has not
occurred, the security deposit shall be forfeited. + }
  SECTION 7.  { + ORS 468B.226 is repealed and section 8 of this
Act is enacted in lieu thereof. + }
  SECTION 8.  { + Notwithstanding sections 4 and 6 of this 1996
Act, the State Department of Agriculture may investigate at any
time any complaint if the State Department of Agriculture
determines that the violation alleged in the complaint may
present an immediate threat to the public health or safety. + }
  SECTION 9.  { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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