Bill Text: OR HB2244 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to State Department of Agriculture commodity inspections.

Spectrum: Unknown

Status: (Passed) 2013-05-16 - Chapter 118, (2013 Laws): Effective date January 1, 2014. [HB2244 Detail]

Download: Oregon-2013-HB2244-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 646

                         House Bill 2244

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber, M.D., for
  State Department of Agriculture)

                             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.

  Repeals certain statutes regarding State Department of
Agriculture inspection of grain at warehouse and repeals statutes
regarding department inspection of grain and other commodities at
transit points selected by department.

                        A BILL FOR AN ACT
Relating to State Department of Agriculture commodity
  inspections; amending ORS 561.144, 586.710, 586.730, 586.990
  and 632.985; and repealing ORS 586.570, 586.580, 586.590,
  586.600, 586.610, 586.630, 586.640, 586.650, 586.660, 586.670
  and 586.680.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + ORS 586.570, 586.580, 586.590, 586.600,
586.610, 586.630, 586.640, 586.650, 586.660, 586.670 and 586.680
are repealed. + }
  SECTION 2. ORS 561.144 is amended to read:
  561.144. (1) The State Treasurer shall establish a Department
of Agriculture Service Fund, which shall be a trust fund separate
and distinct from the General Fund. The State Department of
Agriculture shall deposit all license and service fees paid to it
under the provisions of the statutes identified in subsection (3)
of this section in the Department of Agriculture Service Fund.
The State Treasurer is the custodian of this trust fund, which
shall be deposited by the treasurer in such depositories as are
authorized to receive deposits of the General Fund, and which may
be invested by the treasurer in the same manner as authorized by
ORS 293.701 to 293.820.
  (2) Interest received on deposits credited to the Department of
Agriculture Service Fund shall accrue to and become a part of the
Department of Agriculture Service Fund.
  (3) The license and service fees subject to this section are
those described in ORS 561.400, 561.740, 570.710, 571.057,
571.063, 571.145, 571.305, 583.004, 583.046, 583.445, 583.510,
583.610, 585.050, 586.270,   { - 586.580, 586.650, - }  596.030,
596.100, 596.311, 599.235, 599.269, 599.406, 599.610, 601.040,
602.090, 603.025, 603.075, 616.706, 618.115, 618.136, 619.031,
621.072, 621.166, 621.266, 621.297, 621.335, 621.730, 622.080,
625.180, 628.240, 632.211, 632.425, 632.600, 632.720, 632.730,
632.741, 632.940, 632.945, 633.015, 633.029, 633.318, 633.362,
633.461, 633.471, 633.680, 633.700, 633.720, 634.016, 634.116,
634.122, 634.126, 634.132, 634.136, 634.212 and 635.030.
  SECTION 3. ORS 586.710 is amended to read:
  586.710. Except for fees paid under ORS 586.270  { - , 586.580
and 586.650 - } , all fees collected by the State Department of
Agriculture under this chapter shall be paid into the State
Treasury to the credit of the Department of Agriculture Account.
Such moneys constitute a continuing appropriation for the purpose
of carrying out the provisions of this chapter. The fees paid to
the department under ORS 586.270  { - , 586.580 or 586.650 - }
shall be deposited in the Department of Agriculture Service Fund,
and such funds are continuously appropriated to the department
for the purpose of administering and enforcing this chapter.
  SECTION 4. ORS 586.730 is amended to read:
  586.730. (1) No warehouseman shall violate, or procure, aid, or
abet any violation by any warehouseman, of any provision of ORS
586.210 to 586.300, 586.315 to 586.380, 586.400, 586.410,
586.520, 586.525, 586.530, 586.550  { - , 586.570 to 586.630
and - }  { +  or + } 586.650 to 586.730, or fail to comply with
any order of the State Department of Agriculture, or procure, aid
or abet any warehouseman in failure to comply with any such
order.
  (2) No person, individually or acting as an official or agent
of any corporation other than a warehouseman, shall violate any
provisions of ORS 586.210 to 586.300, 586.315 to 586.380,
586.400, 586.410, 586.520, 586.525, 586.530, 586.550  { - ,
586.570 to 586.630 and - }  { +  or + } 586.650 to 586.730, or
fail to comply with any order made by the department under those
sections so long as the order remains in force, or procure, aid
or abet any such corporation, in its violation of those sections,
or in its failure to comply with any such order.
  SECTION 5. ORS 586.990 is amended to read:
  586.990. (1) Violation of ORS 586.250 is a Class B misdemeanor.
  (2) Violation of ORS 586.730 is a Class A misdemeanor.
  (3) Violation of any of the provisions of ORS 586.210 to
586.300, 586.315 to 586.380, 586.400, 586.410, 586.520, 586.525,
586.530, 586.550  { - , 586.570 to 586.630 and - }  { +  or + }
586.650 to 586.720, or failure to comply with any order, rule,
direction, demand or requirement of the State Department of
Agriculture made pursuant to those sections, is a specific fine
violation punishable by a fine not exceeding $3,000 for each
offense. Each violation is a separate and continuing offense. In
case of a continuing violation, every day's continuance of the
violation is a separate and distinct offense.
  (4) Violation of ORS 586.382, 586.385 and 586.395 is a Class A
misdemeanor.
  SECTION 6. ORS 632.985 is amended to read:
  632.985. (1)   { - No - }  { +  An + } operator or person in
charge of any motor vehicle   { - shall - }  { +  may not + }
transport on the streets or highways of this state  { - , - }
any   { - hay, grain or potatoes, of - }  { +  agricultural or
horticultural products for + } which inspection is required by
law, out of, into or through any inspection district, so
designated by the State Department of Agriculture, or out of,
into or through any city   { - which - }   { + that + } has been
declared an inspection point, unless the operator or person has
given notice by mail or in person to the nearest office or
inspector of the department, that such products or any thereof
are available for inspection as required by law.
  (2) Every person receiving any shipment, load or lot of such
products,   { - which - }  { +  that + } has not been inspected,
for the purpose of sale or storage in such quantities and in such
places as would require inspection, shall give notice within 24
hours by mail or in person, to the nearest office or inspector of
the department that the products have been received and are being
held for inspection.
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