Chapter 413 Oregon Laws 2001

AN ACT

HB 2181

Relating to pests; creating new provisions; amending ORS 634.665; repealing ORS 634.670; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) There is established the Invasive Species Council. Except as provided in section 4 (1) of this 2001 Act, the council shall consist of 12 members. The following persons are ex officio members of the council:

(a) The Director of Agriculture or a designated representative.

(b) The president of Portland State University or a designated representative.

(c) The State Fish and Wildlife Director or a designated representative.

(d) The administrative head of the Sea Grant College of Oregon State University or a designated representative.

(2) Each of the ex officio members described in subsection (1) of this section shall appoint two members to the council.

(3) The term of office of each appointed member is two years, but an appointed member serves at the pleasure of the appointing authority. Before the expiration of a term, the appointing authority shall appoint a successor whose term begins on January 1 next following. An appointed member may not serve more than two successive terms on the council. If there is a vacancy in an appointed member position for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(4) In making appointments to the council, the appointing authorities shall endeavor to appoint persons representative of the geographic, cultural and economic diversity of this state. The appointing authorities may give consideration to nominations submitted by federal and state agencies, local governments, universities, industry and other groups having an interest in invasive species.

(5) An appointed member of the council is not entitled to compensation under ORS 292.495. A member of the council is not entitled to reimbursement for expenses. At the discretion of the council, council members may be reimbursed from funds available to the council for actual and necessary travel and other expenses incurred by members of the council in the performance of their official duties, subject to the limits described in ORS 292.495.

SECTION 2. Notwithstanding the term of office specified by section 1 of this 2001 Act, of the eight members first appointed to the Invasive Species Council:

(1) Four shall serve for terms ending January 1, 2003.

(2) Four shall serve for terms ending January 1, 2004.

SECTION 3. (1) The Invasive Species Council shall select a voting ex officio member of the council as chairperson and another voting ex officio member as vice chairperson. Each voting ex officio member of the council shall serve one year as chairperson and one year as vice chairperson during any four-year period. The chairperson and vice chairperson shall have duties and powers necessary for the performance of the functions of those offices as a majority of the voting ex officio members determines.

(2) A majority of the voting members of the council constitutes a quorum for the transaction of business.

(3) The council shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the council.

SECTION 4. (1) Subject to available funding, the Invasive Species Council may appoint a State Invasive Species Coordinator to serve at the pleasure of the voting members of the council. The appointment of the coordinator must be by written order, filed with the Secretary of State. If the council appoints a coordinator, the coordinator shall serve as a nonvoting ex officio member of the council.

(2) The State Department of Agriculture is responsible for ensuring payment of the administrative expenses of the council. The State Department of Agriculture may enter into interagency agreements under ORS 190.110 with the State Department of Fish and Wildlife, Portland State University and Oregon State University for sharing the administrative expenses of the council.

SECTION 5. (1) The Invasive Species Council may establish advisory and technical committees that it considers necessary to aid and advise the council in the performance of its functions. The committees may be continuing or temporary committees. The council shall determine the representation, membership, terms and organization of the committees and appoint their members.

(2) Members of the committees are not entitled to compensation, but at the discretion of the council may be reimbursed from funds available to the council for actual and necessary travel and other expenses incurred by members of the committees in the performance of their official duties, subject to ORS 292.495.

SECTION 6. (1) As used in this section, “invasive species” means nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state. “Invasive species” does not include humans, domestic livestock or nonharmful exotic organisms.

(2) The Invasive Species Council shall:

(a) Create and maintain appropriate Internet sites, toll-free telephone numbers or other means of communication for statewide use in reporting sightings of invasive species.

(b) Encourage the reporting of invasive species sightings by publicizing means of communication made available by the council under paragraph (a) of this subsection.

(c) Forward reports of invasive species sightings to appropriate agencies.

(d) Produce educational materials and press releases concerning invasive species.

(e) Conduct educational meetings and conferences.

(f) Develop a statewide plan for dealing with invasive species. The plan should include, but need not be limited to, a review of state authority to prevent the introduction of invasive species and to eradicate, contain or manage existing invasive species.

(g) Solicit proposals and review applications for grants or loans to further projects providing education about invasive species.

(h) Provide grants or loans to agencies, organizations or individuals for eradicating new invasions.

(3) The council may approve the expenditure of funds by the council, or any member thereof, for the production of educational materials or the presentation of educational materials.

SECTION 7. (1) The Invasive Species Council Account is established in the General Fund of the State Treasury. Except as provided under subsection (2) of this section, all moneys received by the Invasive Species Council shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the council and may be used by the council for purposes authorized by law, including but not limited to providing grants or loans as described under section 6 of this 2001 Act.

(2) The Invasive Species Council may accept moneys through gifts, grants and donations from public and private sources. The council shall deposit the gifts, grants and donations with the State Treasurer for credit to a trust account separate and distinct from the General Fund. Interest earned by the trust account shall be credited to the trust account. Except as otherwise provided by the donor, the council may use trust account moneys for any purpose described in section 6 of this 2001 Act.

SECTION 8. The Interagency Integrated Pest Management Coordinating Committee is abolished. On the effective date of this 2001 Act, the tenure of the members of the Interagency Integrated Pest Management Coordinating Committee shall cease.

SECTION 9. (1) This 2001 Act does not relieve a person of any obligation with respect to a fee or other charge or other liability, duty or obligation owing to the Interagency Integrated Pest Management Coordinating Committee. The Invasive Species Council may undertake the collection or enforcement of any such fee, charge or other liability, duty or obligation.

(2) The rights and obligations of the committee legally incurred under contracts, leases and business transactions executed, entered into or begun before the effective date of this 2001 Act are transferred to the council. For the purpose of succession to these rights and obligations, the council is considered to be a continuation of the committee and not a new authority, and the council shall exercise such rights and fulfill such obligations as if they had not been transferred.

SECTION 10. There are transferred to the Invasive Species Council:

(1) All the supplies, materials, equipment, records, books, papers and facilities of the Interagency Integrated Pest Management Coordinating Committee.

(2) In addition to and not in lieu of any other appropriation, the unexpended balances of any appropriations or other amounts authorized to be expended by the Interagency Integrated Pest Management Coordinating Committee for the purposes of any duties, functions or powers of the committee are appropriated and transferred to the State Department of Agriculture for expenditure on behalf of the Invasive Species Council. The expenditure classifications, if any, established by Acts authorizing or limiting expenditures by the committee remain applicable to expenditures by the department under this subsection.

SECTION 11. ORS 634.665 is amended to read:

634.665. (1) Each state agency or institution listed under ORS 634.660 shall provide integrated pest management training for employees responsible for pest management. [The training programs shall be developed in cooperation with the Interagency Integrated Pest Management Coordinating Committee created under ORS 634.670.]

(2) Each state agency or institution listed under ORS 634.660 shall designate an integrated pest management coordinator. The integrated pest management coordinator shall[:]

[(a)] manage the integrated pest management program of the agency or institution.[; and]

[(b) Report at least annually to the Interagency Integrated Pest Management Coordinating Committee about the implementation of the agency or institution program. The report shall:]

[(A) Identify current pest management practices;]

[(B) Evaluate the effectiveness of current programs, including integrated pest management programs; and]

[(C) Identify areas where integrated pest management is scheduled to be implemented during the ensuing year.]

SECTION 12. ORS 634.670 is repealed.

SECTION 13. Notwithstanding section 3 of this 2001 Act, for purposes of sections 9 and 10 of this 2001 Act, the Director of Agriculture or a designee shall act as temporary chairperson of the Invasive Species Council and exercise council authority until the selection of a chairperson under section 3 of this 2001 Act.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date January 1, 2002

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