reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.730 - Disposition of moneys received.

All moneys received by the New Crops Development Board shall be deposited in the Department of Agriculture Service Fund created by ORS 561.144 (1). All moneys received and so deposited are continuously appropriated to the board to carry out the provisions of ORS 561.700 to 561.720. [1983 c.501 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.738 - Definitions for ORS 561.738 and 561.740.

As used in this section and ORS 561.740:
(1) "Biopharm permit" means a permit issued by the United States Department of Agriculture for the production of a biopharmaceutical crop.
(2) "Biopharmaceutical crops" means plants that have been genetically modified using a recombinant DNA process to produce vaccines, drugs, enzymes or other medicinal compounds.
(3) "Recombinant DNA process" means a process in which segments of deoxyribonucleic acid from different organisms are joined together to create recombinant DNA molecules that have the capacity to replicate in some host cell, either autonomously or as an integrated part of the host genome. [2007 c.577 §1]
Note:
561.738 and 561.740 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.740 - Regulation of biopharmaceutical crops; fees.

(1) The Director of Agriculture and an appointee of the Director of the Oregon Health Authority who has experience in health program administration may enter into memoranda of understanding or other intergovernmental agreements on behalf of this state for the purpose of furthering collaboration between this state and federal agencies that regulate the growing of biopharmaceutical crops. A memorandum or other agreement entered into under this section shall be designed to increase state input to the federal biopharm permitting system on biopharmaceutical crop issues and requirements of specific interest to this state.
(2) To the extent authorized under federal and state law, or under any memorandum of understanding or other agreement entered into under subsection (1) of this section, the Director of Agriculture and the appointee of the Director of the Oregon Health Authority, or their designees:
(a) Notwithstanding ORS 192.311 to 192.478, shall refuse to disclose any biopharm permit application or related biopharmaceutical crop information received from the United States Department of Agriculture’s Animal and Plant Health Inspection Service, or from any successor to that service, that the United States Department of Agriculture has determined to be confidential business information.
(b) May review biopharm permit applications and biopharmaceutical crop information submitted to the United States Department of Agriculture.
(c) May administer and conduct site inspections and monitoring of any biopharmaceutical crops grown in Oregon.
(d) If there is evidence that biopharmaceutical crops are endangering Oregon agriculture, horticulture or forest production or public health, may take appropriate enforcement action.
(e) May charge a biopharm permit applicant or holder fees for state oversight, services or activities under this section. Fees charged under this paragraph may not total more than $10,000 and must be reasonably calculated to reimburse the state for the actual cost of the oversight, services or activities. Fees collected under this paragraph shall be deposited to the credit of the Department of Agriculture Service Fund and are continuously appropriated to the State Department of Agriculture for the purpose of carrying out this section. [2007 c.577 §2; 2009 c.595 §989]
Note:
See note under 561.738.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.990 - Penalties.

(1) Violation of ORS 561.170 is a Class C violation.
(2) Violation of ORS 561.200 is a Class C misdemeanor.
(3) Violation of ORS 561.220 or 561.230 is a Class A misdemeanor.
(4) Violation of ORS 561.590 is a specific fine violation punishable by a fine of not more than $5,000. [Subsection (4) of 1955 Replacement Part enacted as 1955 c.11 §3; subsection (6) of 1961 Replacement Part formerly part of 616.990; 1971 c.743 §399; 1973 c.10 §1; 1999 c.1051 §199; 2009 c.98 §21; 2011 c.597 §232]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.993 - Other penalties.

Violation of a provision of ORS 561.605 to 561.630 is a Class D violation. [2009 c.98 §9(2)]
Note:
561.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.995 - Civil penalties.

(1) In addition to any fine under ORS 561.990 or other penalty, a person who violates an order, rule or regulation described under ORS 561.590 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.
(2) Every violation of an order, rule or regulation described under ORS 561.590 is a separate offense subject to a separate civil penalty.
(3) The department shall develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations.
(4) The imposition of a civil penalty under this section is subject to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Account. Moneys deposited under this subsection are continuously appropriated to the department for the administration and enforcement of quarantine laws. [1999 c.390 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.020 - Wildflower protection.

(1) It is the duty of all citizens of this state to protect the wildflowers of this state referred to in this section from needless destruction and waste.
(2) It shall be unlawful for any person in this state to willfully or negligently cut, dig up, trim, pick, remove, mutilate or in any manner injure or mar any plant, flower, shrub, bush, fruit or other vegetation growing upon the right of way of any public highway within this state, or upon public lands, or upon the land of another, within 500 feet of the center of any public highway, without the written permit of the owner, signed by the owner or the authorized agent of the owner.
(3) It shall be unlawful for any person to export from this state, or to sell or offer for sale or transport bulbs, corms, rhizomes, roots or plants of native wildflowers or shrubs of the state of any of the following genera:
(a) Lilium (including all wild lilies).
(b) Calochortus (mariposa tulip or butterfly lily).
(c) Fritillaria (mission bells or snake lily).
(d) Erythronium (adder’s tongue, dog-tooth violet or avalanche lily).
(e) Cypripedium (lady’s slipper).
(f) Calypso (purple lady’s slipper).
(g) Lewisia (bitter root).
(h) Douglasia or native Rhododendron or azalea.
(4) It shall be unlawful for any person to sell or transport or offer for sale the bulbs, corms, rhizomes, roots or parts of any of the plants or shrubs mentioned in subsections (2) and (3) of this section which have been dug, pulled up or gathered upon any highway, or within 500 feet thereof, or public lands in this state, or upon the land of any other person without written permission from the owner of such land.
(5) The provisions of this section shall not be construed to apply to any employee of the federal government or of the State of Oregon or of any political subdivision of the state engaged in work upon any state, county or public road or highway while performing such work under the supervision of the federal government, the state or any political subdivision thereof.
(6) The provisions of this section shall not be construed to apply to the owner of any tract or tracts of land, or to agents or employees of the owner, as to such tract or tracts, or to any shrub, plant or other vegetation which is declared by law to be a public nuisance.
(7) Nothing in this section shall be construed as prohibiting the digging, pulling, gathering or sending out of this state, in such quantity and at such times the State Department of Agriculture may approve, any commercially propagated plants or shrubs mentioned in subsections (2) and (3) of this section, provided the permission of the department for so doing is first obtained.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.030 - Enforcement.

It shall be the duty of the State Department of Agriculture and of all its officers and employees to see that the provisions of ORS 564.020 are enforced and to present evidence of any violation of the provisions of ORS 564.020 to the district attorney of the county in which any such violation occurs. Such district attorney shall prosecute any person guilty of a violation of the provisions of ORS 564.020. Such prosecution may be brought in any of the justice courts of this state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.040 - Department list of additional protected wildflowers.

In order to further protect native wildflowers and shrubs from needless destruction and waste, the State Department of Agriculture may, after investigation and public hearing and in accordance with the provisions of ORS chapter 183, establish and amend a list of wildflowers and shrubs in addition to those listed in ORS 564.020 (3). The provisions of this chapter apply to such list. The department may take into consideration:
(1) The laws and regulations of the United States and other states.
(2) The effect on the scenic beauty of public roads and public land. [1963 c.461 §30; 1987 c.686 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.100 - Definitions for ORS 564.100 to 564.135.

As used in ORS 564.100 to 564.135:
(1) "Department" means the State Department of Agriculture.
(2) "Director" means the Director of Agriculture.
(3) "Endangered species" means:
(a) Any native plant species determined by the department to be in danger of extinction throughout any significant portion of its range.
(b) Any native plant species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), as amended.
(4) "Plant" means any member of the plant kingdom, including the seeds, roots or parts thereof, native to this state.
(5) "Species" means any species or its subspecies or variety, whichever is the first taxonomic subspecific category for the plant in question.
(6) "Take" means to collect, cut, damage, destroy, dig, kill, pick, remove or otherwise disturb.
(7) "Threatened species" means:
(a) Any native plant species the director determines by a finding of fact is likely to become an endangered species within the foreseeable future throughout any significant portion of its range.
(b) Any native plant species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), as amended. [1987 c.686 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.105 - Responsibility to protect and conserve native plants; rules.

The Director of Agriculture has the responsibility to protect and conserve the native plants of this state that are threatened species or endangered species. In carrying out that responsibility, the director:
(1) Shall conduct investigations of plant species native to this state and determine whether any such species is a threatened species or an endangered species.
(2) By rule, shall establish and publish, and from time to time may revise, a list of plant species that are threatened species or endangered species.
(3) By rule, shall establish programs for the protection and conservation of plant species that are threatened species or endangered species. As used in this subsection, "conservation" means the use of methods and procedures necessary to bring a species to the point at which the measures provided under ORS 564.105 to 564.120 are no longer necessary. The methods and procedures include, but are not limited to, activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation and transplantation.
(4) By rule, shall establish a system of permits for scientific taking of threatened species and endangered species under terms and conditions that the director determines will minimize the impact on the species taken.
(5) Shall cooperate with the State Fish and Wildlife Commission in carrying out the provisions of ORS 496.172.
(6) Shall adopt administrative rules to carry out the provisions of ORS 564.105 to 564.120.
(7) Shall set priorities for establishing programs under this section after consideration of available funds and the immediacy and seriousness of the threat to any listed species. [1987 c.686 §9; 2009 c.11 §77]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.120 - Transactions in threatened or endangered species; restrictions; prohibition.

(1) Except as otherwise provided pursuant to ORS 564.105, no person shall take, import, export, transport, purchase or sell, or attempt to take, import, export, transport, purchase or sell any threatened species or endangered species.
(2) No person shall take or attempt to take any threatened species or endangered species without first having obtained permission from the person who owns or leases the land upon which the species is growing. When land is owned by the State of Oregon and leased for private use, permission to take or attempt to take a threatened species or endangered species must first be obtained from the Director of Agriculture. [1987 c.686 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.125 - Director of Agriculture authority to acquire plant habitat.

The Director of Agriculture is authorized, on behalf of the State of Oregon, to acquire habitat, or interests therein, the State Department of Agriculture considers necessary for the protection of threatened species or endangered species. Acquisition may be by gift, grant, devise, purchase, exchange or any other method by which the department is authorized to acquire real property. [1987 c.686 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.130 - Confidentiality of information regarding threatened or endangered species; circumstances.

(1) Notwithstanding ORS 192.311 to 192.478, the director of the appropriate agency may hold confidential, and refuse to disclose, information concerning the location of a threatened or endangered wildlife or plant species upon a determination that, based on prior experience, unlawful taking is likely to occur if the location is disclosed.
(2) In no instance shall the director of the appropriate agency refuse to disclose information concerning the location of a threatened or endangered wildlife or plant species to the owner of lands on which the species is known to exist. [1987 c.686 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.135 - Effect of law on commercial forestland or private land; effect on other laws.

(1) Nothing in ORS 564.100 to 564.130 is intended, by itself, to require an owner of any commercial forestland or other private land to take action to protect a threatened species or endangered species, or to impose additional requirements or restrictions on the use of private land.
(2) Notwithstanding any other provision of law, nothing in ORS 496.004, 496.171 to 496.192, 498.026, 564.040 and 564.100 to 564.135 or ORS 527.610 to 527.770 and 527.992 shall be interpreted to require protection of a species listed under ORS 564.100 to 564.130 or its habitat on private forestland.
(3) The existence of a species listed under ORS 564.100 to 564.130 on privately owned forestland shall not require protection of its habitat as a biological site under ORS 527.610 to 527.770 and 527.992. However, if other elements exist that qualify such habitat as a biological site, such habitat may be protected as a biological site under ORS 527.610 to 527.770 and 527.992.
(4) Species listed under ORS 564.100 to 564.130 may be subject to protection under ORS chapters 195, 196, 197 and 197A provided that the full process of inventory and analysis required by any open spaces, scenic and historic areas and natural resources goal is fulfilled and included in any acknowledged land use plan or amendment. [1987 c.686 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 564 - Wildflowers; Threatened or Endangered Plants › Section 564.991 - Penalties.

Subject to ORS 153.022, violation of this chapter and regulations authorized by ORS 564.040 is a Class A violation. [1963 c.461 §31; 1999 c.1051 §200]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.010 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Board" means county fair board.
(2) "County court" includes board of county commissioners.
(3) "County fair" means an exhibition held for the purposes of disseminating knowledge concerning, and encouraging the growth and prosperity of, all agricultural, stock raising, horticultural, mining, mechanical, artistic and industrial pursuits in a county, including the racing of animals and vehicles.
(4) "County fairgrounds" means the ground and all other property owned, leased, used or controlled by a county and devoted to the use of a county fair. [Amended by 1969 c.239 §1; 1977 c.55 §11; 1997 c.435 §1; 2005 c.777 §21]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.130

[Amended by 1973 c.537 §5; 1977 c.55 §27; 2005 c.777 §37; 2013 c.492 §14; renumbered 565.515 in 2013]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.190 - Financing county exhibits at state fair.

A county court is authorized to appropriate out of the general fund of the county not otherwise appropriated money for the purpose of sponsoring a county exhibit at the annual state fair. This section shall not be deemed to limit the authority of a county which has adopted a charter under section 10, Article VI, Oregon Constitution. [1973 c.537 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.210 - County fairs; county fair board; members; appointment; term; bond or letter of credit.

(1) Any county may hold county and industrial fairs, but only one county fair shall be held in each county.
(2) Except as provided in ORS 565.265, in counties holding county fairs, the county court of such county shall appoint a board consisting of not less than three nor more than seven members, to be known as the county fair board. Members of the county fair board must be residents of the county, except that the county court may elect to appoint not more than one board member who is a resident of an adjoining county. When the first members of the board are appointed under this section, one member shall be appointed for a term to expire the January next following appointment, one for a term to expire one year from the January next following appointment, and one for a term to expire two years from the January next following appointment. In addition to the three members, the county court may, at any time, appoint not more than four additional members, the fourth and sixth members to be appointed for a term to expire one year from the January next following appointment and the fifth and seventh members, if any, for a term to expire two years from the January next following appointment. Annually thereafter, at the first meeting in January, upon the expiration of the term of a member, a successor shall be appointed to serve for three years.
(3) The court shall require each member of the board to furnish a good and sufficient bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in favor of the county, conditioned upon the faithful performance of the duties of the office. The bond or letter of credit for each member shall be in a sum equal to $10,000 or 20 percent of the total revenues received by the fair in the last fiscal year ending prior to the appointment of such member, whichever is the lesser amount. The bond or letter of credit when approved by the county court shall be filed with the county clerk. The premium on the bond or the fee for the letter of credit shall be paid for by the county fair board as an expense of the board.
(4) No more than one member of the county court may serve as a member of the county fair board.
(5) A member of a county fair board appointed under this section may be removed from office for cause as provided in ORS 565.225. [Amended by 1957 c.118 §1; 1961 c.684 §1; 1981 c.134 §1; 1985 c.716 §1; 1991 c.331 §84; 1995 c.710 §1; 1997 c.435 §2; 1997 c.631 §497; 1999 c.59 §178; 1999 c.681 §7; 2007 c.421 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.220 - County fair board; organization; quorum; president and secretary.

(1) The members of a county fair board shall, as soon as their bonds have been filed and approved, meet and organize by electing a president and selecting a secretary.
(2) A majority of the members of the board shall constitute a quorum for the transaction of all business at meetings. In the absence of the president another member of the board shall perform the duties of the president.
(3) The secretary provided for in subsection (1) of this section is not required to be a member of the board. The secretary shall execute a bond or furnish an irrevocable letter of credit, as required of board members by ORS 565.210. [Amended by 1953 c.675 §12; 1961 c.684 §2; 1965 c.513 §2; 1967 c.275 §2; 1991 c.331 §85]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.225 - Removal of county fair board member.

A member of a county fair board appointed under ORS 565.210 may be removed by the county court for inefficiency, neglect of duty, misconduct in office, incompetence, incompatibility, dereliction of duty or other good cause, as those terms may be defined by county ordinance. A member of the fair board shall not be removed by the county court until after the member receives a copy of a statement containing the cause for removal and a hearing on the removal is held. The statement shall be given to the member at least 10 days prior to the hearing, at which the member must have an opportunity to be heard in person or by counsel. When the county court removes a member of the fair board, a record of the proceedings, together with the cause for removal and findings thereon, shall be filed in the office of the county clerk. [1999 c.681 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.230 - Management of county fairs; licenses; disposition of proceeds; donations of real property; agreements for limitation of liability.

(1) The county fair board has the exclusive management of the ground and all other property owned, leased, used or controlled by the county and devoted to the use of the county fair, and is entrusted and charged with the entire business management and financial and other affairs of such fair.
(2) In order that the fairgrounds and buildings may be utilized to the fullest extent for pleasure, recreation and public benefit, the board shall at all times have the authority to provide park facilities for the public or to issue licenses and grant permits for the holding of any exhibitions, shows, carnivals, circuses, dances, entertainments or public gatherings upon the fairgrounds. During the progress of county agricultural or industrial fairs and not otherwise, any such businesses so licensed by the board shall not be required to pay license to any city or county other than to the board as provided in this section. The board shall fix the sum to be paid for such permits and licenses, which shall be issued and signed by the president and secretary of the board. The moneys received from the issuance of such permits and licenses shall be deposited to the credit of the fair fund and warrants drawn against it the same as upon the disbursement of any other fair funds.
(3) Donations of real property for the use of the county fair shall be made by an instrument that may be accepted for recording by a county clerk. An instrument of donation shall be recorded in the records of the county clerk where deeds are located. The donated property shall be used in compliance with the express intentions and purposes set forth in the instrument of donation.
(4) A county court may conclude that an agreement is needed to protect the county and the county court from liability relating to personnel or contractual matters. If the county court asks the county fair board to begin negotiations for an agreement, the county fair board and the county court must enter into an agreement concerning the rules, policies and procedures to be used in the conduct of fair activities for the purpose of limiting the liability of the county for personnel and contractual matters. However, if a county court determines that an agreement is unnecessary or that an existing agreement provides sufficient protection from liability, then an agreement under this subsection is not required. [Amended by 1953 c.675 §12; 1969 c.239 §4; 1969 c.693 §1; 1999 c.681 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.240 - Rules and regulations; peace officers; appointment and powers.

The board may make and enforce all rules and regulations necessary for the proper conduct and management of their respective fairs. It may appoint such marshals or police as may be necessary to keep order and preserve the peace during the time and at the place of holding the fairs and at all other times when the board deems such appointments necessary for the preservation of the peace and the protection of public and private property upon the fairgrounds. The officers so appointed have the same authority for the preservation of order and making arrests upon the grounds as would a deputy sheriff.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.260 - Fair board or agricultural society existing prior to June 4, 1913.

If there existed on June 4, 1913, a county fair board, or an agricultural society in any county holding a county fair within the county, the board shall be considered the county fair board of the county by the provisions of ORS 565.210 to 565.310, and shall be governed under the rules and bylaws already in force of the association, provided there is only one county fair held in each county. [Amended by 2005 c.22 §384]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.268 - Agreements for fair association to exercise powers of county fair board.

(1) As used in this section, a "fair association" means a corporation incorporated under ORS chapter 65 that has a board of directors with at least three members and that is authorized by its articles of incorporation to exercise the powers and perform the functions exercised and performed by a county fair board under ORS 565.210 to 565.310.
(2) If the order issued by a county court under ORS 565.265 authorizes an agreement with a fair association, the county court, before the abolition of the county fair board, shall enter into an agreement with a fair association for the management and operation of the county fair. Except as otherwise provided in the agreement, a fair association may exercise all of the powers and authority granted to a county fair board under ORS 565.210 to 565.310.
(3) An agreement between a county court and a fair association under this section may not provide for the conveyance or other transfer of public property to the fair association unless the public property is transferred as allowed by the laws of this state. [1999 c.681 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.271 - Initiation of proceedings for replacement of county fair board by fair district.

If the order issued by a county court under ORS 565.265 authorizes the formation of a fair district to replace the county fair board, the county court, before the abolition of the county fair board, shall initiate the formation of the fair district by order as provided in ORS 198.835. After initiation of formation proceedings as provided in this section, a fair district may be created as provided in ORS 198.705 to 198.955 and 565.275. [1999 c.681 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.275 - Fair district; powers; district board.

(1) A fair district may:
(a) Have and use a common seal.
(b) Sue and be sued in its name.
(c) Make and accept any and all contracts, deeds, leases, releases and documents of any kind that, in the judgment of the district board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.
(d) Assess, levy and collect taxes to pay the cost of acquiring sites for the county fair and constructing, reconstructing, altering, operating and maintaining the ground and all other property devoted to the use of the county fair, the expenses incurred in the business management and financial and other affairs of the county fair and any lawful claims against the district.
(e) Employ all necessary agents and assistants.
(f) Call elections after the formation of the district.
(g) Generally do any acts necessary and proper to the complete exercise and effect of any of its powers or the purposes for which it was formed.
(2) The officers of the district shall be a board of five members elected by the electors of the district. The district board shall be the governing body of the district and shall exercise all powers of the district.
(3) Five district board members shall be elected at the election for district formation. If the effective date of the formation of the district occurs in an odd-numbered year, two district board members shall be elected for four-year terms and the other three district board members shall be elected for two-year terms. If the effective date of the formation occurs in an even-numbered year, two district board members shall be elected for three-year terms and the other three district board members shall be elected for one-year terms. The district board members shall be elected at large by position number. Each district board member shall hold office until election and qualification of a successor.
(4) ORS chapter 255 governs the nomination and election of district board members and the conduct of district elections.
(5) The district board in each year shall determine and fix the amount of money to be levied and raised by taxation for the purposes of the district.
(6) A county may convey or otherwise transfer public property to a fair district as provided by law. [1999 c.681 §6; 2001 c.104 §231; 2003 c.802 §143]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.310 - County fair not held; disposition of funds.

Should a board decide not to hold a county fair, the county court may in its discretion expend such funds, or any portion thereof, for paying premiums upon exhibits of livestock, agricultural and horticultural products at any fair, land products show or livestock exposition held in this state. Any or all of such funds not so used shall be held by the county treasurer in a reserve fund to be available for use by the county fair board in subsequent years.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.315 - Handling and disbursing of moneys in connection with county fairs; financial statement.

(1) Notwithstanding any other provision of law relating to the disbursement of county fair moneys from the county treasury, in order to pay promptly prize moneys, premiums, wages, necessary costs of repairs and other claims requiring prompt payment in connection with any county fair, the county fair board, at any time, may draw warrants for such amounts as it deems necessary to make such payments, payable to the county fair board, upon funds in the county treasury available for the purpose of making such payments. Such warrants shall be drawn by the board and signed by the president and secretary thereof.
(2) The board shall place any moneys drawn from the county treasury under subsection (1) of this section in an insured institution as defined in ORS 706.008, and may withdraw such moneys for the purpose of making the payments referred to in subsection (1) of this section by checks signed by the president and secretary of the board. All moneys in such checking account not expended during the year such moneys were drawn from the county treasury and placed therein shall be available for use by the board in subsequent years for the purpose of making the payments referred to in subsection (1) of this section.
(3) The board shall keep and make available to the county clerk and county treasurer a complete list of all warrants drawn and deposited in the checking account and all checks drawn against such checking account under this section.
(4) The board shall, once each year, file with the county clerk a complete financial statement showing all funds received and disbursed. There may be included in the report such suggestions and recommendations as in its opinion would make for the improvement and advancement of agricultural and related industries of the fair. [1955 c.665 §1; 1981 c.134 §3; 1983 c.327 §8; 1997 c.631 §498]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.325 - County fair fund; purpose; source of moneys.

(1) Each county that holds a county fair shall establish and maintain a fair fund. The fair fund may be expended only for the promotion and operation of the county fair and to provide, maintain and improve county fairgrounds, buildings, facilities and improvements on the county fairgrounds for the county fair and other events authorized by the county fair board.
(2) All moneys received from activities conducted at the county fair or at the county fairgrounds or facilities, and all moneys received by a county fair as the licensee for pari-mutuel wagering on races conducted at or on behalf of the fair shall be deposited in the county fair fund. [1985 c.716 §3; 1997 c.435 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.445 - County Fair Account.

(1) The County Fair Account is established separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Department of Administrative Services.
(2) The account shall consist of moneys allocated under ORS 565.447.
(3) On the first business day of each calendar year the Oregon Department of Administrative Services shall disburse the moneys in the County Fair Account to the county fair boards in equal shares. [1969 c.298 §11; 1971 c.595 §1; 1979 c.844 §2; 1989 c.463 §1; 2001 c.916 §4; 2003 c.517 §3; 2013 c.722 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.446 - Legislative findings.

The Legislative Assembly finds and declares that financial support of county fairs will result in economic development for areas where fairgrounds are located by promoting, expanding or preventing the decline of businesses and that the use of the net proceeds from the operation of the Oregon State Lottery to fund county fairs is an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.540. [2001 c.811 §1]
Note:
565.446 and 565.447 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.451 - Definitions for ORS 565.451 to 565.575.

As used in ORS 565.451 to 565.575:
(1) "Fairground properties and facilities" means grounds, equipment, permanent and temporary structures and other improvements that are owned, rented, leased or otherwise controlled for Oregon State Fair or exposition center purposes.
(2) "Oregon State Fair" means the exhibition described in ORS 565.456 (3). [2013 c.492 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.456 - State Fair Council; mission and purposes of council.

(1) The State Fair Council is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon the council, are implied by law or are incident to such powers, rights and privileges. The council is an independent public corporation with a statewide mission and purposes and without territorial boundaries. The council is a governmental entity performing governmental functions and exercising governmental powers but, except as otherwise provided by law, is not a unit of local or municipal government or a state agency for purposes of state statutes or constitutional provisions.
(2) Unless otherwise provided by law, the council is not subject to ORS chapter 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292 or 293 or ORS 35.550 to 35.575, 183.710 to 183.730, 183.745, 183.750, 190.430, 190.490, 200.035, 236.605 to 236.640, 243.303, 243.305, 243.315, 243.696, 243.853 to 243.855, 279.835 to 279.855, 282.010 to 282.150, 291.050 to 291.060 or 656.017 (2).
(3) The mission and purposes of the council are:
(a) To conduct a state fair to be known as the Oregon State Fair for the education and entertainment of Oregon residents and for the promotion, preservation, growth and prosperity of the industries and interests traditionally represented in state fair activities such as agriculture, stock raising, horticulture, youth group involvement in agricultural, stock-raising and horticultural activities, viticulture, manufacturing, metal fabrication, technology and artistic, creative and cultural pursuits; and
(b) To promote Oregon tourism related to the Oregon State Fair and fairground properties and facilities, and promote and further the preservation, growth and prosperity of other industries and activities important to the state economy by conducting the Oregon State Fair and using fairground properties and facilities.
(4) To help fulfill the council’s mission and purposes, the council shall encourage residents in all parts of this state to participate in or attend the Oregon State Fair. The council may take any necessary or expedient actions to ensure that fairground properties and facilities are adequate and in good repair. The council shall operate the fairground properties and facilities as an exposition center, encourage the full utilization of the properties and facilities for revenue generation and make expenditures for the construction, repair, remodeling, maintenance, insurance and other needs of the fairground properties and facilities. Subject to any limitations established under this chapter, the council may take other actions the council deems necessary or expedient to ensure the financial viability of the Oregon State Fair and the exposition center or to promote the Oregon State Fair, Oregon tourism and other industries related to fairground business operations or fairground properties and facilities. [2013 c.492 §3; 2015 c.158 §34]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.460 - Council members.

(1) The State Fair Council shall consist of no fewer than nine and no more than 13 members appointed by the Governor.
(2) The term of office for a member is four years, but a member holds office at the pleasure of the Governor. The term of office for a member described in subsection (3)(b) or (c) of this section ceases immediately if the person ceases to hold a qualifying office. Council members are eligible for reappointment, but a person may not serve on the council for more than three full or partial consecutive terms. Prior to the expiration of the term of a member, the Governor shall reappoint the member or appoint a successor. If a member position becomes vacant for any reason, the Governor shall appoint a successor to fill the unexpired term.
(3) The council shall consist of:
(a) No fewer than seven and no more than 11 members who have experience in, and are representatives of, industries and interests traditionally represented in Oregon State Fair activities, and who have backgrounds in industries and interests pertinent to carrying out the duties, functions and powers of the council, including but not limited to:
(A) Private sector business;
(B) The nonprofit sector;
(C) Economic development interests;
(D) The finance industry; and
(E) The events and facility management industry.
(b) One member who is an elected official of a city.
(c) One member who is an elected official of a county.
(4) The President of the Senate shall select a member of the Senate to act as a nonvoting observer of and advisor to the council.
(5) The Speaker of the House of Representatives shall select a member of the House of Representatives to act as a nonvoting observer of and advisor to the council.
(6) The members of the Legislative Assembly selected under subsections (4) and (5) of this section may not exercise any power, right or privilege of a council member.
(7) The Salem city manager may act as a nonvoting observer of and advisor to the council. The Salem city manager may not exercise any power, right or privilege of a council member.
(8) A majority of the council is required for the conducting of business.
(9) The council shall elect one member as a chairperson and one member as a vice chairperson, with duties and powers as determined by the council. The council shall meet at the call of the chairperson or of a majority of the members.
(10) A member of the council is not entitled to compensation, but may be reimbursed as provided by council policies and procedures for any actual and necessary travel and other expenses incurred by the member in the performance of the member’s official duties. [2013 c.492 §4; 2015 c.589 §2; 2018 c.68 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 565 - Fairs and Exhibits › Section 565.470 - State fair director; status of council, director and employees; services used by council.

(1) The State Fair Council may employ a state fair director to oversee the day-to-day carrying out of fairground business operations and the operation of fairground properties and facilities, including but not limited to the annual conducting of the Oregon State Fair, the use of fairground properties and facilities for an exposition center, the issuance of payments for construction, repair, remodeling, maintenance, insurance and other needs of fairground properties and facilities as directed by the council, the solicitation for financial support for the Oregon State Fair and fairground properties and facilities and the promotion of the Oregon State Fair and related Oregon tourism and other industries.
(2) The state fair director may employ such subordinate council employees as the director deems reasonable for the carrying out of fairground business operations and the operation of fairground properties and facilities, including but not limited to the conducting of the Oregon State Fair and the operation of fairground properties and facilities as an exposition center.
(3) The council shall determine and approve policies and procedures to further the mission and purposes of the council and shall provide oversight and guidance to the state fair director and employees of the council.
(4) The members of the council, the state fair director and the employees of the council are not state employees and are not eligible for participation in state employee health benefit plans, state employee deferred compensation plans or the Public Employees Retirement System. The council shall determine the compensation and benefit package for the state fair director and other employees of the council. For purposes of any laws applicable to the council as a public corporation, including but not limited to ORS 30.260 to 30.300, the members of the council, the state fair director and the employees of the council are officers and employees of a public body.
(5) The council and a state agency may enter into agreements for the state agency to provide support services to the council. Except as provided in this subsection, if a state agency provides support services to the council, the state agency must provide the support services at the rate that the state agency would charge to other state agencies for the services. The State Parks and Recreation Department may provide support services to the council at any rate mutually agreed to by the department and the council.
(6) The council may retain private legal counsel or, notwithstanding ORS 180.060, may contract for representation by the Attorney General. If the council contracts for representation by the Attorney General, the Attorney General shall charge the council for services at the rate charged state agencies for similar services. [2013 c.492 §5]