75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3360
 
                           A-Engrossed
 
                         House Bill 2020
                  Ordered by the House April 30
            Including House Amendments dated April 30
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
  Establishes Invasive Species Control Account. Continuously
appropriates moneys from account to Invasive Species Council for
purpose of   { - issuing grants - }   { + funding efforts + } to
eradicate  { + or control + } new infestations  { + and
infections + } of invasive species.
  Authorizes State Treasurer, upon request of Invasive Species
Council, to issue lottery bonds. Provides for net proceeds of
lottery bond sale to be deposited into Invasive Species Control
Account. Limits account expenditures by council for 2009-2011
biennium.
  Declares emergency, effective July 1, 2009.
 
                        A BILL FOR AN ACT
Relating to invasive species; appropriating money; limiting
  expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds and declares
that:
  (1) The land, waters and other natural resources of this state
are severely affected by an increasing number of invasions by
harmful nonnative species;
  (2) Invasions by harmful nonnative species are damaging to the
environment and cause economic hardship within this state;
  (3) The Invasive Species Council is a leader for the conducting
of a coordinated and comprehensive effort to prevent the entry of
invasive species into this state and to eliminate, reduce and
mitigate the effects of invasive species present in this state;
  (4) The Invasive Species Council has a strong network of local,
state, federal, tribal and private entities that actively and
cooperatively combat the threat posed by harmful invasive
species;
  (5) Rapid response and eradication are the most effective,
least costly and most feasible strategies for combating harmful
invasive species and preventing expansion by those invasive
species;
  (6) Invasive species present a serious threat that adversely
affects industries vital to the economy of this state, including
 
but not limited to the agriculture, forestry, fishing and tourism
industries;
  (7) Failure to eradicate or control new infestations and
infections of invasive species will reduce the productivity of
industries in this state and adversely affect marketing by those
industries, resulting in a loss of business and the loss of
existing jobs; and
  (8) The eradication or control of new infestations or
infections of invasive species using funding provided through the
Invasive Species Council will benefit the economy of this state
by preventing the loss of existing jobs, by promoting and
expanding business and by preventing the decline of business. + }
  SECTION 2.  { + (1) As used in this section, 'invasive species
' has the meaning given that term in ORS 561.685.
  (2) The Invasive Species Control Account is established in the
State Treasury, separate and distinct from the General Fund.
Interest earned by the Invasive Species Control Account shall be
credited to the account. Moneys in the account are continuously
appropriated to the Invasive Species Council for the purpose of
carrying out this section.
  (3) The Invasive Species Council may expend moneys from the
account to provide funding for efforts by agencies, organizations
and individuals to eradicate or control new infestations and
infections of invasive species. The council shall adopt criteria
and procedures for the funding of efforts to eradicate or control
new infestations and infections of invasive species.
  (4) Invasive species eradication and control effort costs that
may be funded from the account include, but are not limited to,
costs associated with:
  (a) Surveys to delimit areas infested or infected by invasive
species;
  (b) Inspections;
  (c) Enforcement actions;
  (d) Diagnosis of infestation and infection problems;
  (e) Rapid response planning and coordination;
  (f) Administration;
  (g) Eradication or control of infestations and infections;
  (h) Treatment and disposal of infested or infected materials;
  (i) Cleaning and disinfecting of infested or infected premises
or vessels; and
  (j) Payment of indemnity to owners of infested or infected
materials destroyed under an eradication or control program.
  (5) In addition to any costs described under subsection (4) of
this section, if the State Department of Agriculture pays an
administrative expense of the council related to the provision of
funding from the account, account moneys may be expended to
reimburse that administrative expense in an amount equal to the
lesser of the actual expense paid by the department or 10 percent
of the funding that was provided from the account. + }
  SECTION 3.  { + For the biennium beginning July 1, 2009, upon
request of the Invasive Species Council, the State Treasurer may
issue lottery bonds pursuant to ORS 286A.560 to 286A.585 in the
amount of $10 million for the purpose of providing funding for
efforts to eradicate or control new infestations or infections of
invasive species. Net proceeds of lottery bonds issued under this
section shall be deposited in the Invasive Species Control
Account. Bond-related costs incurred by the Invasive Species
Council and the State Treasurer for the lottery bonds issued
under this section must be paid from the gross proceeds of the
lottery bonds and from allocations for the purposes of ORS
286A.576 (1)(c). + }
  SECTION 4.  { + Notwithstanding any other law limiting
expenditures, the amount of $5 million is established for the
biennium beginning July 1, 2009, as the maximum limit for the
expenditure of moneys from the Invasive Species Control Account
 
under section 2 of this 2009 Act by the Invasive Species
Council. + }
  SECTION 5.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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