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 1901
Senate Bill 629
Sponsored by Senator FERRIOLI; Senators ATKINSON, BOQUIST,
NELSON, TELFER, WHITSETT, Representatives BARKER, BOONE,
ESQUIVEL, GILMAN, HUFFMAN, JENSON, KRIEGER, OLSON, SCHAUFLER, G
SMITH, STIEGLER, THOMPSON, WHISNANT, WITT (at the request of
Don Farrar)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires State Department of Agriculture to establish program
for issuing grants to counties for noxious weed control.
Allocates and limits expenditure of lottery funds for 2009-2011
biennium for purpose of carrying out grant program.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to noxious weed control; limiting expenditures; and
declaring an emergency.
Whereas more than $83 million in losses are caused in Oregon
annually by noxious weeds; and
Whereas noxious weeds are an escalating threat to the 80
percent of Oregon land not yet infested with noxious weeds; and
Whereas the Oregon Noxious Weed Strategic Plan identified
stable, reliable funding for county weed programs as a key
missing component in the Oregon response to noxious weeds; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds and declares
that:
(1) Noxious weeds present a serious threat that adversely
affects industries vital to the Oregon economy, including but not
limited to the agriculture, forestry, fishing and tourism
industries;
(2) Failure to control the spread of noxious weeds in Oregon
will reduce the productivity of Oregon industries and adversely
affect marketing by those industries, resulting in a loss of
business and the loss of existing jobs;
(3) The use of aggressive measures to control the spread of
noxious weeds will improve the actual and perceived quality of
Oregon products and further the promotion and expansion of
markets for those products; and
(4) The control of noxious weeds through county weed control
district programs will benefit Oregon's economy by preventing the
loss of existing jobs, by promoting and expanding Oregon business
and by preventing the decline of Oregon business. + }
SECTION 2. { + (1) There is allocated to the State Department
of Agriculture from the Administrative Services Economic
Development Fund the amount identified in subsection (2) of this
section.
(2) Notwithstanding any other law limiting expenditures, the
amount of $1,584,000 is established for the biennium beginning
July 1, 2009, as the maximum limit for payment of expenses by the
State Department of Agriculture from the Administrative Services
Economic Development Fund for the purpose of carrying out the
grant program described in section 3 of this 2009 Act.
(3) 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 that are due or payable during
the biennium beginning July 1, 2009; and
(c) Amounts required by any other pledges of, or liens on, net
proceeds from the Oregon State Lottery. + }
SECTION 3. { + (1) The State Department of Agriculture shall
establish a grant program for the purpose of assisting counties
in carrying out weed control district duties, functions and
powers under ORS 570.515 to 570.600. The department may use no
more than 10 percent of any moneys appropriated, allocated or
otherwise designated for the purpose of carrying out this section
to pay the administrative expenses of the grant program.
(2) A county qualifies for a grant under this section if the
county has:
(a) Established a weed control district under ORS 570.515 to
570.600;
(b) Provided county moneys to carry out the duties, functions
and powers of the district in an amount that equals or exceeds
the grant amount available to the county under this section; and
(c) Complied with any department rules adopted under this
section.
(3) The department may establish rules for carrying out the
grant program described in this section. The rules may include,
but need not be limited to, rules:
(a) Requiring that priority in the use of grant moneys be given
to noxious weed control projects that restore, enhance or protect
water quality, watersheds and riparian habitats; and
(b) Requiring a participating county to report to the
department concerning the use of grant moneys by the county.
(4) The department shall issue grants to qualifying counties in
equal shares on a schedule determined by the department. The
annual share of a qualifying county shall be the lesser of:
(a) $20,000; or
(b) The amount actually received by the department during the
year for the purpose of carrying out this section and remaining
after deduction of department administrative costs, divided by
the number of qualifying counties. + }
SECTION 4. { + 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 on its
passage. + }
----------