Bill Text: OR SB707 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the performance of State Department of Agriculture responsibilities by other entities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB707 Detail]

Download: Oregon-2013-SB707-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 3468

                         Senate Bill 707

Sponsored by Senator GEORGE

                             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.

  Requires State Department of Agriculture to negotiate with
local governments and attempt to enter into contracts forming
intergovernmental authorities to carry out functions and
activities of State Department of Agriculture with regard to
grading, inspection and issuance of certificates for agricultural
and horticultural products. Imposes requirements and limitations
on agreement content.

                        A BILL FOR AN ACT
Relating to the performance of State Department of Agriculture
  responsibilities by other entities.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Director of Agriculture shall negotiate
with units of local government and make a good faith effort to
enter into and maintain a sufficient number and type of written
agreements under ORS 190.110 with the units of local government
to allow the creation of one or more intergovernmental
authorities for the purpose of performing on a statewide basis
the functions and activities of the State Department of
Agriculture with regard to the grading, inspection or issuance of
certificates for agricultural or horticultural commodities. An
agreement must require the intergovernmental authority to use the
standards and procedures adopted by the department. An
intergovernmental entity created by the agreement must be
governed by a board or commission appointed by the director.
  (2) An agreement under this section shall specify the functions
or activities to be performed by the intergovernmental authority
and the means for performing the functions and activities. If
applicable, the agreement shall provide for:
  (a) The apportionment among the parties to the agreement of the
responsibility for providing funds to pay for expenses incurred
by the intergovernmental authority in the performance of the
department functions or activities.
  (b) The apportionment of fees or other revenue collected by the
intergovernmental authority for the performance of department
functions or activities and the manner of accounting for the
revenue.
  (c) The term or duration of the agreement.
  (d) The rights of the parties to terminate the agreement.
  (3) An agreement under this section may not allow the
intergovernmental authority to collect a fee for a service in
excess of a statutory fee established for the provision of that
service by the department. An agreement shall provide that the
director may terminate the agreement at will after giving
adequate notice specified in the agreement.
  (4) An intergovernmental authority may adopt rules for carrying
out the duties, functions and powers of the authority under an
agreement described in this section. The authority shall submit
any proposed rules to the director and to the governing body of
the local government for review and comment prior to adoption.
  (5) Except as provided in this subsection, an intergovernmental
authority formed by an agreement described in this section may
perform functions and activities of the department with regard to
the grading, inspection or issuance of certificates for
agricultural or horticultural commodities using the standards and
procedures adopted by the department. An intergovernmental
authority described in this section may issue a warning, notice
of violation or order for corrective action on behalf of the
department. The department shall assume charge of any inspection
to determine whether appropriate corrective action has been taken
or whether to assess a civil penalty for a violation.
  (6) Notwithstanding ORS 561.144 or any provision of law
directing moneys from civil penalties to be credited to the
Department of Agriculture Account, an agreement described in this
section may provide for the department and an intergovernmental
authority to share moneys collected from a civil penalty that the
department imposes following the issuance of a notice of
violation, warning or order by the intergovernmental
authority. + }
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