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]OREGON STATE FAIR (1) The State Parks and
Recreation Director shall appoint a State Fair Advisory Committee to
provide advice and assistance to the director on matters regarding the
operation of the Oregon State Fair.
(2) The advisory committee shall consist of seven members appointed
by the director for four-year terms. The director shall appoint:
(a) A resident from each congressional district of Oregon. The
director shall seek to ensure that those persons reflect a broad-based
representation of the industrial, educational and cultural interests
active in state fair activities, such as agricultural, stock raising,
horticultural, mining, mechanical, artistic and industrial pursuits.
(b) Two persons to represent county fair interests. The director
may give consideration to nominations suggested by the County Fair
Commission established under ORS 565.410.
(3) The members of the advisory committee serve at the pleasure of
the director. The director may fill a vacancy on the advisory committee
by appointing a person to fill the unexpired term.
(4) Each member of the advisory committee is entitled to
compensation and reimbursement of expenses, as provided in ORS 292.495,
from moneys appropriated to the State Parks and Recreation Department for
that purpose.
(5) The advisory committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and with such
duties and powers necessary for the performance of the functions of those
offices as the advisory committee determines appropriate.
(6) The advisory committee shall meet at the call of the director.
[2005 c.777 §12]Note: 565.021 was enacted into law by the Legislative Assembly but
was 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. The State Fair Advisory
Committee shall provide advice and assistance to the State Parks and
Recreation Director on matters regarding the operation of the Oregon
State Fair and shall solicit and encourage support throughout the state
to improve the quality of and participation in the fair to achieve the
purposes and objectives of ORS 565.050. [Amended by 1977 c.55 §16; 1979
c.357 §1; 1999 c.342 §1; 2005 c.777 §22] There is established a state
institution to be designated and known as the Oregon State Fair, which
shall be administered and operated by the State Parks and Recreation
Department. [Amended by 2005 c.777 §23]
The
objects and purposes of the Oregon State Fair are to disseminate
knowledge concerning, and to encourage the growth and prosperity of all
agricultural, stock raising, horticultural, mining, mechanical, artistic
and industrial pursuits in this state. To this end the State Parks and
Recreation Director shall operate the business and properties of the
Oregon State Fair as a year-round fair and exposition center, display
historical objects and do all things necessary or expedient for the full
utilization of the properties and facilities of the fair. The director
shall conduct an annual state fair for a period of not more than 17 days’
duration beginning and ending on such dates as the director considers
appropriate. [Amended by 1955 c.146 §1; 1973 c.537 §1; 1977 c.55 §17;
1985 c.675 §5; 2005 c.777 §24] In accordance with any applicable provision of ORS
chapter 183, the State Parks and Recreation Commission may adopt rules to
carry out the provisions of this chapter. [Amended by 1977 c.55 §18; 2005
c.777 §25]For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Oregon State Fair and
Exposition Center may require the fingerprints of a person who:
(1)(a) Is employed or applying for employment by the center;
(b) Provides services or seeks to provide services to the center as
a contractor or volunteer; or
(c) Is a licensee of the center or is applying for a license, or
renewal of a license, that is issued by the center; and
(2) Is, or will be, working or providing services in a position:
(a) In which the person has direct access to persons under 18 years
of age, elderly persons or persons with disabilities;
(b) In which the person is providing information technology
services and has control over, or access to, information technology
systems that would allow the person to harm the information technology
systems or the information contained in the systems;
(c) That has payroll functions or in which the person has
responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for sales or distribution of tickets or other instruments
that can be exchanged for goods, services or access to events on center
grounds;
(d) In which the person has key access to buildings and grounds
that contain private property belonging or entrusted to exhibitors,
promoters, licensees and event coordinators;
(e) In which the person has access to personal information about
employees, licensees or members of the public including Social Security
numbers, dates of birth, driver license numbers, medical information,
personal financial information or criminal background information; or
(f) In which the person provides security, design or construction
services for government buildings, grounds or facilities. [2005 c.730 §8]Note: 565.071 was enacted into law by the Legislative Assembly but
was 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.Note: The Oregon State Fair and Exposition Center was abolished by
section 1, chapter 777, Oregon Laws 2005, which transferred the powers of
the center to the State Parks and Recreation Department. The text of
565.071 was not amended by enactment of the Legislative Assembly to
reflect the abolishment and transfer. Editorial adjustment of 565.071 for
the abolishment of the Oregon State Fair and Exposition Center has not
been made.(1) The State Parks
and Recreation Director shall have care of the Oregon State Fair property
and be entrusted with the direction of its business and financial
affairs. The director shall prepare, adopt, publish and enforce all
necessary rules for the management of the Oregon State Fair, its meetings
and exhibitions and for the guidance of its officers or employees.
(2) The director may appoint all necessary marshals to keep order
on the grounds and in the buildings of the Oregon State Fair during all
exhibitions. The marshals so appointed shall be vested with the same
authority for such purposes as executive peace officers are vested by law.
(3) The director shall establish charges for entrance fees, gate
money, lease stalls, stands, parking space, buildings, restaurant sites;
conduct shows, exhibitions, races and all manner of business
notwithstanding the provisions of ORS 227.286 and do all other things the
director considers proper in the operation of a year-round fair and
exposition center and the annual state fair. The state is in no event
liable for any premium awarded or debt created by the director beyond the
amount annually appropriated therefor.
(4) The director may enter into sponsorship agreements for the
receipt of moneys, services, products or other items of value. A
sponsorship agreement entered into under this subsection is not subject
to ORS 279.835 to 279.855 or ORS chapter 279A or 279B. [Amended by 1973
c.537 §2; 1977 c.55 §20; 1999 c.89 §1; 2003 c.794 §299; 2005 c.777
§§26,27]
(1) The Oregon State Fair shall be permanently
located on the present grounds now owned by the state and heretofore
devoted to Oregon State Fair purposes, located in the City of Salem, in
Marion County. Those grounds and such additional lands as may hereafter
be obtained by the State Parks and Recreation Department for the purposes
of the Oregon State Fair are dedicated for the use of the Oregon State
Fair and for other departmental programs.
(2) The department may obtain by donation, exchange or purchase
such lands adjacent to the present grounds, including improvements
thereon, as it may deem necessary and advisable to facilitate the use of
such grounds and may construct, remodel and repair buildings and
facilities deemed by it necessary in the operation of the Oregon State
Fair and for other departmental programs. [Amended by 1973 c.537 §3; 1977
c.55 §21; 2005 c.777 §28](1) In accordance with any applicable provisions of
ORS 286.010, 286.020 and 286.105 to 286.135 and ORS chapter 288, the
State Parks and Recreation Director, with the approval of the State Parks
and Recreation Commission and the State Treasurer, may issue revenue
bonds in an amount not to exceed $10 million.
(2) Moneys received from the issuance of revenue bonds may be
expended for land acquisition, capital construction and improvements and
for paying current operating and other expenses of the Oregon State Fair.
(3) Revenue bonds issued pursuant to this section shall be secured
by revenues received by the director from activities conducted at the
Oregon State Fair, and shall not be a general obligation of the State
Parks and Recreation Department or the State of Oregon. [1985 c.675 §2;
1991 c.703 §49; 2005 c.777 §29](1) Pursuant to
ORS 286.560 to 286.580, lottery bonds may be issued to fund projects for
the improvement, restoration, upgrading and preservation of systems,
facilities and equipment of the Oregon State Fair.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) The activities of the Oregon State Fair promote Oregon’s
agricultural industry and its products;
(b) The promotion of agricultural products expands markets, which
in turn creates jobs and stimulates economic development of the industry;
and
(c) The Oregon State Fair draws patrons from throughout the region
and creates jobs and substantial economic activity for the Salem and
Keizer areas.
(3) The aggregate principal amount of lottery bonds issued pursuant
to this section may not exceed the sum of $20,167,661 and an additional
amount estimated by the State Treasurer to be necessary to pay
bond-related costs. Lottery bonds issued pursuant to this section shall
be issued only at the request of the State Parks and Recreation Director.
(4) The net proceeds of lottery bonds issued pursuant to this
section shall be deposited in the State Fair Capital Project Fund, which
is hereby established in the State Treasury separate and distinct from
the General Fund.
(5) The proceeds of lottery bonds issued pursuant to this section
shall be used only for the purposes set forth in subsection (1) of this
section and for bond-related costs. [1999 c.702 §5; 2001 c.942 §12; 2005
c.777 §30]Note: 565.103 was enacted into law by the Legislative Assembly but
was 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. (1) The Oregon
State Fair Account is created as an account separate and distinct from
the General Fund of the State Treasury. The account shall consist of:
(a) Proceeds from the sale of revenue bonds authorized to be issued
by ORS 565.095.
(b) Interest earned on moneys held for debt service payments,
rebates and the proceeds from the sale of revenue bonds pursuant to ORS
565.095, notwithstanding ORS 293.140, including moneys held since
December 17, 1986. Such interest earnings shall be separately accounted
for within the account and shall be available only for the purpose of
retiring bond indebtedness.
(c) Moneys received by the State Parks and Recreation Director from
activities conducted at the Oregon State Fair.
(d) Moneys received by the director by appropriation, gift, grant
or other donation from any source or otherwise paid to the director
pursuant to law. Moneys received as a result of a gift, grant or donation
shall be separately accounted for within the account and shall be
available only for the purpose specified in the gift, grant or donation
or, if no purpose is specified, for any purpose that the State Parks and
Recreation Commission determines is consistent with the intent of the
donor or grantor.
(e) Interest earned on moneys received by the director as a result
of a gift, grant or donation. The interest earnings shall be separately
accounted for within the account and shall be available only for the
purpose specified in the gift, grant or donation or, if no purpose is
specified, for any purpose that the commission determines is consistent
with the intent of the donor or grantor.
(2) Moneys in the account created by subsection (1) of this section
are appropriated continuously to the State Parks and Recreation
Department for the payment of:
(a) Operating and other expenses of the Oregon State Fair.
(b) Land acquisition, capital construction and capital improvements
at the Oregon State Fair.
(c) Principal and interest on all revenue bonds issued pursuant to
ORS 565.095.
(d) Any purpose designated by the donor or grantor of a gift, grant
or donation, or for any other purpose that the commission determines is
consistent with the intent of the donor or grantor, to the extent of
gift, grant, donation and resulting interest moneys within the account.
[1985 c.675 §3; 1987 c.659 §1; 1989 c.966 §62; 1999 c.343 §3; 2005 c.777
§31]
The State Parks and Recreation Director may accept gifts, grants and
donations of moneys, property or any other valuable thing on behalf of
the Oregon State Fair. Unless use of moneys, property or valuable things
received under this section is limited by the donor or grantor, the
moneys, property or valuable thing may be used in any manner that the
State Parks and Recreation Commission determines to be consistent with
the intent of the donor or grantor. [1999 c.343 §1; 2005 c.777 §32]Note: 565.109 was enacted into law by the Legislative Assembly but
was 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. The Legislative Assembly finds and
declares that:
(1) The successful solicitation of gifts, grants and donations for
the benefit of the Oregon State Fair allows the operation, improvement
and maintenance of facilities or programs enjoyed by the public. The
receipt of gifts, grants and donations for the benefit of the Oregon
State Fair reduces the amount of public moneys that must be spent for the
operation, improvement and maintenance of facilities or programs.
(2) The successful solicitation of gifts, grants and donations by a
nonprofit, tax exempt organization for the benefit of the Oregon State
Fair minimizes the cost to the state of obtaining those gifts, grants and
donations. Cooperation between the State Parks and Recreation Department
and such an organization, including the provision of tickets and other
promotional items, facilities, supplies, staff and services by the
department for use by such an organization in connection with fund
raising efforts, serves a public purpose by increasing the ability of the
organization to successfully solicit gifts, grants and donations for the
benefit of the Oregon State Fair. [2003 c.750 §1; 2005 c.777 §33]Note: 565.114 was enacted into law by the Legislative Assembly but
was 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. (1)
The State Parks and Recreation Director may cooperate with any nonprofit,
tax exempt organization designated by the director as an appropriate
organization to solicit gifts, grants and donations for the benefit of
the Oregon State Fair.
(2) The director may advise and receive advice from an organization
described in subsection (1) of this section. The director may, if allowed
by the charter and bylaws of the organization, serve as a regular or
nonvoting board member of the organization. The director may not chair
the board of directors, vote for or appoint other board members, control
the financial affairs of the organization or oversee the day-to-day
operation of the organization.
(3) The director may provide tickets, promotional items and
facilities to the organization without charge for use in increasing the
ability of the organization to successfully solicit gifts, grants and
donations for the benefit of the Oregon State Fair.
(4) The director may provide supplies, staff and services to the
organization at cost for use in increasing the ability of the
organization to successfully solicit gifts, grants and donations for the
benefit of the Oregon State Fair.
(5) The director shall submit an annual accounting report to an
appropriate committee of the Legislative Assembly designated by the
Speaker of the House of Representatives and the President of the Senate.
The report must contain a detailed description of all tickets,
promotional items, facilities, supplies, staff and services provided
under subsections (3) and (4) of this section, the specific disposition
or application thereof made by the organization and any resulting benefit
to the Oregon State Fair.
(6) The director may enter into an agreement for the donation to
the Oregon State Fair of goods, services and public improvements by a
nonprofit, tax exempt organization. [2003 c.750 §2; 2005 c.777 §34]Note: 565.116 was enacted into law by the Legislative Assembly but
was 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.The State Parks and Recreation Director is authorized to
issue a license permitting the holder of the license to conduct any
business therein named upon the grounds of the Oregon State Fair.
Issuance of licenses shall be in accordance with the competitive bidding
requirements of ORS 279.835 to 279.855 and ORS chapters 279A and 279B for
the awarding of public contracts, to the extent those procedures are
practicable. The funds arising therefrom shall become a part of the
Oregon State Fair Account. [Amended by 1973 c.537 §4; 1977 c.55 §26; 1985
c.675 §6; 2003 c.794 §300; 2005 c.777 §§35,36](1) Licenses under ORS 565.120 may be issued permitting any
business to be conducted upon the grounds of the Oregon State Fair which
under the laws of this state may be conducted at any place within the
state, including the sale of malt, vinous or distilled liquor.
(2) Any business so licensed by the State Parks and Recreation
Director is not required to pay license to any city, county or state,
other than to the director as provided in ORS 565.120, for conducting a
business upon the grounds of the Oregon State Fair. However, nothing in
this section shall interfere with the laws of this state requiring a
license for the operation of a restaurant or requiring a license to be
obtained from the Oregon Liquor Control Commission for the sale or
distribution of alcoholic liquors. [Amended by 1973 c.537 §5; 1977 c.55
§27; 2005 c.777 §37]The buildings and facilities therein that are planned,
constructed, altered, furnished and equipped by the State Parks and
Recreation Department at the state fairgrounds, as authorized by chapter
442, Oregon Laws 1957, shall be used primarily for the housing and dining
of members of 4-H Clubs and of Future Farmers of America and for exhibit
and contest space for nonlivestock exhibits of both groups. These
buildings and facilities therein shall be available for other groups only
at times other than during the state fair and as authorized by the
department. [1957 c.442 §1; 1959 c.52 §1; 1985 c.565 §84; 2005 c.777 §38] (1) When
construction of an armory containing an auditorium is authorized under
ORS 396.505 to 396.545 in Marion County, if the State Parks and
Recreation Department and the General Staff of the Oregon National Guard
arrive at a mutually satisfactory agreement for the use of the armory by
the department, the department may, notwithstanding the provisions of ORS
565.090, permit such armory to be constructed on the grounds of the
Oregon State Fair and grant control over such armory and grounds to the
General Staff for the period that such armory and grounds are used for
military purposes. When such armory and grounds are no longer used for
military purposes, the control over them shall revert to the department.
(2) For purposes of this section, “control” does not include the
power to sell, lease, mortgage or in any other way encumber an armory
constructed under subsection (1) of this section. [1959 c.615 §§1,2; 2005
c.777 §39] (1)
The State Parks and Recreation Department shall plan, construct, alter,
furnish and equip horse barn facilities at the Oregon State Fair suitable
for stabling horses. These facilities shall also include rest rooms
suitable for public use. The department shall also plan, construct,
alter, furnish and equip storm sewers on the grounds of the Oregon State
Fair.
(2) Notwithstanding any other provision of law pertaining to sale
of public property, the State Treasurer, with the approval of the
investing agency, may sell any site or facility described in subsection
(1) of this section or interest therein so acquired by offer for sale by
sealed bid. However:
(a) Any or all bids may be rejected.
(b) The state has first option to purchase at the highest bid
accepted. [1961 c.634 §§1,6,7; 1973 c.537 §6; 1985 c.731 §29; 2005 c.777
§40]The State Parks and Recreation Department shall plan,
construct, alter, furnish and equip on the grounds of the Oregon State
Fair a facility suitable for housing exhibits and providing contest space
for the homemaking arts and crafts. [1963 c.613 §1; 2005 c.777 §41] 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]COUNTY FAIRS AND SHOWS(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 residents of the county, to be
known as the county fair board. 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](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] 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](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]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.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] (1) As provided in this
section and ORS 565.268 and 565.271, a county court may abolish the
county fair board appointed under ORS 565.210.
(2) A county court may initiate proceedings to abolish the county
fair board by issuing an order creating a county fair advisory committee
with six members who shall all be residents of the county. Upon issuance
of the order under this subsection, the county court shall appoint three
members to the advisory committee and the county fair board shall appoint
three members. The advisory committee shall consider the relevant issues
and make recommendations concerning the abolition of the county fair
board and, if abolition is recommended, the future operation of the
county fair by either a fair association or a fair district. If a
majority of the advisory committee agrees that abolishing the county fair
board is in the best interests of the residents of the county, the
advisory committee shall recommend abolition of the county fair board. If
the advisory committee recommends abolition of the county fair board, the
county court and the county fair board may meet to consult and negotiate
concerning the future operation of the county fair and fairgrounds. If
the county court and the county fair board agree that it is in the best
interests of the residents of the county to have a fair association or
fair district replace the county fair board, the county court may adopt a
resolution that expresses the intention of the county court to abolish
the county fair board, sets forth the reasons for the intended action,
states that either a fair association or a fair district will replace the
county fair board and declares that the abolition of the county fair
board is in the best interests of the residents of the county.
(3) A resolution adopted by a county court under subsection (2) of
this section must be accompanied by a resolution adopted by the county
fair board that acknowledges the proposed action of the county court and
declares that abolition of the county fair board is in the best interests
of the residents of the county. The resolution adopted by a county fair
board under this subsection must be adopted at a regular public meeting
of the county fair board and filed with the county court.
(4) After adoption of the resolutions described in subsections (2)
and (3) of this section, the county court shall conduct a public hearing
concerning the abolition of the county fair board at which testimony of
interested persons and other evidence shall be received.
(5) Notice of the public hearing required by subsection (4) of this
section shall be published twice in at least two newspapers of general
circulation in the county. The first notice shall be published between
the 90th day and the 60th day before the hearing. The second notice shall
be published between the 30th day and the 20th day before the hearing.
(6) After the public hearing required by subsection (4) of this
section, the county court shall consider the testimony given and the
other evidence received at the hearing. If the county court determines
that abolishing the county fair board is in the best interests of the
residents of the county, the county court shall issue an order abolishing
the county fair board and authorizing either the creation of a fair
district or an agreement with a fair association for the purpose of
managing and operating the county fair. The abolition of the county fair
board shall be effective on the date specified in the order. [1999 c.681
§3; 2003 c.101 §1](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]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] (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] 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.(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] (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] (1) In
any county the county court may, at the time of making the annual
estimate of the county levy for county purposes, include in the estimate
and levy a sum not exceeding one one-hundred-sixtieths of one percent
(0.0000625) of the real market value of all taxable property within the
county, computed in accordance with ORS 308.207, to cover the cost of
maintaining the county fairgrounds and buildings, erecting new buildings
and general operating expenses. The tax shall be collected in the same
manner as other taxes are collected, shall be placed in a special fund to
be known as the fair fund and warrants drawn thereon by the county fair
board.
(2) The limitation provided by subsection (1) of this section on
the amount of the levy does not apply to any specific levy for the
purpose described in subsection (1) of this section that receives
approval of a majority of the voters voting at a county-wide election.
[Amended by 1955 c.209 §2; 1963 c.9 §33; 1983 c.646 §1; 1991 c.459 §435]COUNTY FAIR COMMISSION
(1) “Director” means the Director of Agriculture.
(2) “Commission” means the County Fair Commission created by ORS
565.410. [1969 c.298 §2] (1)
There hereby is established the County Fair Commission, consisting of
eight members. The Director of Agriculture, or a staff member of the
State Department of Agriculture appointed by the director, shall serve as
a member of the commission without vote. The director shall appoint seven
other members who are persons interested in fair activities. Three of
such members must reside in the area east of the Cascade Mountains, three
members must reside in the area west of the Cascade Mountains, and one
member shall be from the state at large.
(2) The term of office of each voting member is three years, but
all members serve at the pleasure of the director. Before the expiration
of the term of a voting member, the director shall appoint a successor
whose term begins on January 1 next following. A voting member is
eligible for reappointment, but no voting member may serve more than two
consecutive terms. If there is a vacancy for any cause, the director
shall make an appointment to become immediately effective for the
unexpired term. [1969 c.298 §3] A voting
member of the County Fair Commission shall receive a per diem allowance
of $30 when engaged in the performance of official duties, including
necessary travel time. In addition, subject to any applicable law
regulating travel and other necessary expenses of state officers and
employees, all members of the commission shall be reimbursed for actual
and necessary travel and other expenses incurred by them in the
performance of official duties. [1969 c.298 §5; 1979 c. 844 §1] (1) The
County Fair Commission shall select from among its members such officers,
for such terms and with such duties and powers necessary for performance
of such offices as the commission determines.
(2) A majority of the voting members of the commission constitutes
a quorum for the transaction of business. [1969 c.298 §6] The Director of
Agriculture shall provide the County Fair Commission with such clerical
and staff assistance as the director considers appropriate to assist the
commission in carrying out its duties. The cost of any such clerical and
staff assistance shall be paid for from the County Fair Account created
by ORS 565.445. [1969 c.298 §9] In accordance with any applicable provision of ORS
chapter 183, the County Fair Commission may promulgate such rules as may
be necessary to carry out the provisions of ORS 565.410 to 565.435. [1969
c.298 §10] (1) On or before October
31 of each year, a county fair board must submit to the County Fair
Commission, on a form approved by the commission, data for the period
since the preceding report date regarding:
(a) Use of the county fairgrounds by youths and adults;
(b) Participation in county fairs by youths and adults;
(c) Evidence of community involvement in county fairs;
(d) Attendance at county fair and nonfair events;
(e) The most recent fiscal year budget for the county fairgrounds
and evidence of compliance with open meeting law pursuant to ORS 192.610
to 192.690 in developing the budget;
(f) Compliance with public contracting and purchasing law under ORS
279.835 to 279.855 and ORS chapters 279A, 279B and 279C;
(g) The most recent business plan for the county fairgrounds;
(h) Maintenance of liability insurance in an amount satisfactory to
the County Fair Commission; and
(i) Use of state funds distributed to the county fairs.
(2) If a county fair board fails to timely submit the data required
by subsection (1) of this section, the county fair administered by that
board is ineligible for state funding, including but not limited to,
funding under ORS 565.445, for a period determined by the County Fair
Commission, not to exceed one year. A county fair may appeal a commission
decision under this subsection to the Director of Agriculture, whose
decision is subject to ORS chapter 183.
(3) The County Fair Commission may contract for the collection and
summarizing of data required to be submitted under subsection (1) of this
section. The commission shall send a summary of the data to the Director
of Agriculture. [2001 c.916 §3; 2003 c.517 §4; 2003 c.794 §301] (1) An annual audit of
county fair records must include an identification of fair policies
relating to matters specified in this section. The audit shall include an
examination of available county fair records to check for compliance with
the policies. The results of the compliance check must be included within
the scope of the opinion expressed by the auditor regarding the county
fair records.
(2) Fair policies that are subject to subsection (1) of this
section are policies regarding:
(a) Animal welfare;
(b) Environmental issues;
(c) Participation in professional development activities; and
(d) Compliance with the federal Americans with Disabilities Act of
1990 (P.L. 101-336), as amended.
(3) The County Fair Commission may adopt rules for carrying out
this section. Upon the request of a county fair or an auditor, the County
Fair Commission may issue a declaratory ruling whether a particular
county fair policy is a policy described in subsection (2) of this
section. A county fair may appeal a commission ruling under this
subsection to the Director of Agriculture, whose decision is subject to
ORS chapter 183. [2001 c.916 §2] (1) The County Fair
Account is established separate and distinct from the General Fund. All
moneys in the account are continuously appropriated to the County Fair
Commission.
(2) The account shall consist of moneys allocated under ORS
565.447. Moneys credited to the account may be expended by the County
Fair Commission for the administration of ORS 565.410 to 565.450, not to
exceed $40,000 per biennium.
(3) Subject to ORS 565.442 (2) and subsection (2) of this section,
on the first business day of each calendar year the County Fair
Commission 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] 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 to 565.449 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. (1)
Subject only to the availability of unobligated net lottery proceeds,
there is allocated from the Administrative Services Economic Development
Fund to the County Fair Account created under ORS 565.445 an amount equal
to one percent of the net proceeds from the Oregon State Lottery, but not
to exceed $1.53 million annually, adjusted biennially pursuant to the
change in the Consumer Price Index, as defined in ORS 327.006, between
January 1, 2001, and January 1 immediately preceding commencement of the
biennium.
(2) The allocation of moneys from the Administrative Services
Economic Development Fund under this section is subject to the
requirements in section 4, Article XV of the Oregon Constitution, for
deposit of specified amounts of the net proceeds from the Oregon State
Lottery into the Education Stability Fund and into the Parks and Natural
Resources Fund and shall be made only after satisfaction or payment of:
(a) Amounts allocated to Westside lottery bonds issued under ORS
391.140 or to the reserves or any refunding related to the Westside
lottery bonds in accordance with the priority for allocation and
disbursement established by ORS 391.130;
(b) All liens, pledges or other obligations relating to lottery
bonds or refunding lottery bonds due or payable during the year for which
an allocation is to be made; and
(c) Amounts required by any other pledges of, or liens on, net
proceeds from the Oregon State Lottery. [2001 c.811 §2; 2002 s.s.2 c.4
§3; 2002 s.s.3 c.6 §19; 2003 c.14 §351a]Note: See note under 565.446. The County Fair
Commission shall make an annual distribution each January of the
unexpended balance of moneys credited to the County Fair Account under
ORS 565.447 as provided in ORS 565.445. [2001 c.811 §3; 2001 c.916 §8]Note: See note under 565.446. The County Fair Commission
shall prepare and adopt budgets in the same manner as provided for
preparation and adoption of budgets in ORS 576.425 to 576.435 as set
forth in the 2001 Edition of Oregon Revised Statutes. [1971 c.595 §3;
2003 c.604 §104]REGULATIONS AND LAW ENFORCEMENT AT FAIRS GENERALLY
(1) No person shall set up any shop, booth, wagon or other vehicle for
the sale of spirituous or other liquors, cigars, provisions or other
articles of traffic, or shall sell or otherwise dispose of any liquors,
cigars, goods, wares, merchandise, meals, lunch or any article of traffic
whatever on the grounds of the Oregon State Fair, or on any grounds owned
or occupied by a county fair board or any county or district society
formed for the promotion and encouragement of agriculture, stock growing
or horticulture, or within one-half mile of such grounds, without having
paid the State Parks and Recreation Department, county fair board or such
society the license for the privilege, or obtained the written consent of
the department or county fair board or of the president and secretary of
such society.
(2) Nothing in this section shall restrain any person except during
fairs or exhibitions or other public events or meetings on the grounds of
the Oregon State Fair or of any county fair board or of such societies,
and for two days prior and two days subsequent thereto. This section does
not extend to any person regularly and continuously carrying on business
within one-half mile of the premises mentioned. [Amended by 1953 c.675
§12; 1969 c.239 §5; 1973 c.537 §8; 1977 c.55 §28; 2005 c.22 §385; 2005
c.777 §42]
No person shall gain admission, or attempt to gain admission, to the
grounds of the Oregon State Fair or of a county fair board or of any
society mentioned in ORS 565.610 during their annual fairs or
exhibitions, or at any public events or meetings on the grounds of the
Oregon State Fair, county fair board or societies on their grounds, or
grounds occupied by them or either of them, except through the special
gates kept by the State Parks and Recreation Department, county fair
boards or societies for that purpose. [Amended by 1953 c.675 §12; 1969
c.239 §6; 1973 c.537 §9; 2005 c.777 §43] The State Parks and Recreation
Director, any county fair board and every society mentioned in ORS
565.610 may regulate its prices of admission, licenses and all matters
pertaining to the conduct of its annual fairs, exhibitions or other
public events or meetings. The penalty for violation of its rules and
regulations is as provided by ORS 565.990 (2). [Amended by 1953 c.675
§12; 1969 c.239 §7; 1973 c.537 §10; 2005 c.777 §44] The peace
officers of the State Parks and Recreation Department, county fair board
or any of the societies mentioned in ORS 565.610, during the continuance
of each annual fair or other public event or meeting, and for three days
prior and two days subsequent thereto, on the grounds of the Oregon State
Fair or on any grounds owned or occupied by a county fair board or such
society for fairs, exhibitions or other public events or meetings, shall
have all the authority of a deputy sheriff and may make arrests for
violations of the provisions of ORS 565.610 to 565.650 or other laws of
this state, or the rules or regulations of the department, county fair
board or such society. [Amended by 1953 c.675 §12; 1969 c.239 §8; 1973
c.537 §11; 2005 c.777 §45] Justices of the
peace shall have jurisdiction of all offenses against the provisions of
ORS 565.610 to 565.640.PENALTIES(1) Violation of ORS 565.610 is a Class D
violation. Any person who, after conviction and fine for a violation of
ORS 565.610, repeats the offense shall, upon conviction, be fined double
the maximum amount imposed by this subsection for the first violation.
(2) Violation of ORS 565.620 is punishable, upon conviction, by a
fine of $5. [Amended by 1999 c.1051 §201]
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