72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1947-1
 
                         House Bill 3308
 
Sponsored by Representative JENSON
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Imposes surcharge on seed dealer licenses and nursery licenses.
Directs proceeds to weed control programs.
  Imposes $1 port surcharge on shipping containers off-loaded in
state. Provides for transfer of moneys collected by ports for use
in controlling aquatic weeds and invasive species.
  Transfers proceeds from surcharge on Crater Lake license plates
to State Department of Agriculture for weed control programs.
 
                        A BILL FOR AN ACT
Relating to noxious weeds; creating new provisions; and amending
  ORS 571.075, 633.700, 633.750, 777.220 and 805.264.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 571.075 is amended to read:
  571.075. (1) The fees for the renewal of the annual licenses
and the fees for inspections required by ORS 571.005 to 571.230
and 571.991 shall be paid with the application for license
renewal and before July 1 of each year.
  (2) Failure to pay the fees when due forfeits the right to
operate as a grower, dealer or agent.
  (3) Any person who has been previously licensed to grow or sell
nursery stock and whose right to grow or sell has been forfeited
shall not be issued a renewal license except upon written
application to the State Department of Agriculture accompanied by
a sum of money equal to the regular license fee, as provided in
ORS 571.057.
   { +  (4) In addition to any fees charged for a license or
license renewal, the department shall collect a surcharge equal
to two percent of the license or renewal fee for each license and
license renewal. Moneys collected by the department from the
surcharge shall be deposited in the Department of Agriculture
Account created under ORS 561.150 to be used by the department
for activities to control noxious weeds and invasive species. + }
  SECTION 2. ORS 633.700 is amended to read:
  633.700. (1) No person may sell, offer or expose for sale in
this state any agricultural or vegetable seeds unless the person
holds an unsuspended license issued by the department. However,
any person selling seeds of the person's own production
exclusively, and persons selling only vegetable seeds at retail,
in packages weighing not in excess of one-half pound, as prepared
for such trade by other seed companies, if the seed company
preparing such packaged seed for sale, has a license in force for
the sale of such seed in this state, is not required to secure
such license. For the purposes of this section, persons operating
more than one branch, plant or warehouse where seeds are sold,
offered or exposed for sale shall secure a separate license for
each such branch, plant or warehouse.
  (2) Any person desiring to sell, offer or expose for sale in
this state any agricultural or vegetable seeds, for planting
purposes, except as provided in this section, shall make
application to the director for a license for this purpose. The
application shall be signed by the applicant or the authorized
agent of the applicant and shall be in a form approved by the
director. Upon presentation of such signed application for a
license and the tendering of the license fee established by the
department pursuant to subsection (3) of this section, the
department shall issue the license to the applicant. The license
shall expire June 30 next following the date of issuance.
  (3) { + (a) + } The department shall establish annual license
fees, not to exceed $40 for a retailer's license and not to
exceed $400 for a wholesaler's license. Only one license shall be
required for one person's operation at one location.
   { +  (b) In addition to the fee required under paragraph (a)
of this subsection, the department shall impose on each license a
surcharge equal to two percent of the license fee. Moneys
collected by the department from the surcharge shall be deposited
in the Department of Agriculture Account as provided under ORS
633.750. + }
  SECTION 3. ORS 633.750 is amended to read:
  633.750.  { + (1) Except as provided in subsection (2) of this
section, + } all fees { +  and charges + } paid to the department
pursuant to ORS 633.511 to 633.750 and 633.996, other than the
fees and charges specified in ORS 633.610 and 633.630, shall be
deposited in the Department of Agriculture Service Fund. All such
moneys are continuously appropriated to the department for the
purpose of carrying out those sections.
   { +  (2) Moneys collected by the department from the surcharge
imposed under ORS 633.700 (3)(b) shall be deposited in the
Department of Agriculture Account created under ORS 561.150 to be
used by the department to support programs for controlling weeds
and invasive species. + }
  SECTION 4. ORS 777.220 is amended to read:
  777.220.  { + (1) + } A port may collect from vessels using any
port facility, wharfage, dockage and drydockage; and collect from
owners or consignees of goods passing over the docks and
warehouses, wharfage and storage charges for goods so handled.
   { +  (2) A port shall collect from a shipper a surcharge in
the amount of $1 for each container off-loaded at the port.
Moneys collected from the surcharge shall be transferred by the
port to the Department of Agriculture Account created under ORS
561.150 to be used by the State Department of Agriculture for
activities to control aquatic weeds and invasive species. + }
  SECTION 5.  { + Section 6 of this 2003 Act is added to and made
a part of ORS chapter 778. + }
  SECTION 6.  { + The Port of Portland shall assess against
persons shipping cargo into this state a surcharge of $1 for
every container off-loaded at a port facility. The port shall
transfer moneys collected under this section to the Department of
Agriculture Account created under ORS 561.150 to be used by the
State Department of Agriculture for activities to control aquatic
weeds and invasive species. + }
  SECTION 7. ORS 805.264 is amended to read:
  805.264. (1) After deduction of the cost of administration of
the Crater Lake National Park registration plate program, the
Department of Transportation shall transfer moneys from the
surcharge imposed by ORS 805.263 to the   { - National Park
Foundation for use on Crater Lake National Park projects - }
 { +  Department of Agriculture Account created under ORS 561.150
to be used by the State Department of Agriculture for the
management and control of aquatic weeds + }.
  (2) As used in this section, 'the cost of administration of the
Crater Lake National Park registration plate program' is the sum
of all Department of Transportation expenses for the issuance or
transfer of Crater Lake National Park registration plates under
ORS 805.263 that are above the normal costs of issuing, renewing
and transferring registration plates in the normal course of
business in the department. These expenses include, but are not
limited to, the costs of collecting the Crater Lake National Park
registration plate surcharge and transferring Crater Lake
National Park registration plates.
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