Chapter 178 Oregon Laws 1999

Session Law

AN ACT

HB 2531

Relating to Oregon Grains Commission; amending ORS 576.175.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 576.175 is amended to read:

576.175. (1) There is created the Oregon Grains Commission. The commission [shall be considered to have been] is created in all respects pursuant to ORS 576.051 to 576.584 and [is] vested with all the duties, functions, powers, rights and liabilities of commissions created pursuant to ORS 576.051 to 576.584. All producers, purchasers and handlers of barley, rye, [or] triticale, canola or mustard are subject to the duties, rights and liabilities provided in ORS 576.051 to 576.584.

(2) Notwithstanding ORS 576.051 to 576.584, with regard to the levy and collection of an assessment by the commission, the assessment shall be levied and assessed to the grower at the time of sale, and shall be deducted by the first purchaser from the price paid to the grower at the time of the sale, or, in case of a lienholder who may possess [such] the grains under the lien, the assessment shall be deducted by the lienholder from the proceeds of the claim secured by [such] the lien at the time the grain is pledged or mortgaged. The assessment shall be deducted whether the grain is stored in this or any other state.

(3) The assessment constitutes a lien prior to all other liens and encumbrances upon [such] the grain, except liens created by operation of a statute of this state.

(4) The commission shall consist of five members appointed by the Director of Agriculture. One member shall be appointed to represent the area west of the Cascade Mountains that does not include Jackson, Klamath and Lake Counties. One member shall be appointed to represent Jackson, Klamath and Lake Counties. Two members shall be appointed to represent Umatilla, Morrow, Gilliam, Sherman, Wasco, Jefferson, Crook, Deschutes, Grant, Hood River and Wheeler Counties. One member shall be appointed to represent that area east of the Cascade Mountains not otherwise represented.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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