71st OREGON LEGISLATIVE ASSEMBLY--2001 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 752
 
                         House Bill 2130
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for State Department of Agriculture)
 
 
                             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.
 
  Changes authority appointing citizen member of Pesticide
Analytical and Response Center governing board.
 
                        A BILL FOR AN ACT
Relating to Pesticide Analytical and Response Center; amending
  ORS 634.550.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 634.550 is amended to read:
  634.550. (1) There is created a Pesticide Analytical and
Response Center with a governing board consisting of the
following members:
  (a) The Director of Agriculture or designee.
  (b) The State Forester or designee.
  (c) The State Fish and Wildlife Director or designee.
  (d) The Director of the Department of Environmental Quality or
designee.
  (e) The Assistant Director for Health or designee.
  (f) The Administrator of the Occupational Safety and Health
Division or designee.
  (g) The State Fire Marshal or designee.
  (h) The Director of the Poison Control and Drug Information
Program of the Oregon Health Sciences University or designee.
  (i) One citizen from the state at large appointed
 { + jointly + } by the   { - Governor - }  { +  Director of
Agriculture and the Assistant Director for Health + }.
  (2) The Director of Agriculture shall appoint an administrator
for the Pesticide Analytical and Response Center, who shall be
responsible to the board for performance of the duties of the
center and the board.
  (3) The Director of Agriculture or designee and the Assistant
Director for Health or designee shall alternate as chairperson of
the board for terms of one year each. When one is serving as
chairperson, the other shall serve as vice chairperson.
  (4) The board shall seek expert consultation from the extension
service toxicology program, the Center for Research on
Occupational and Environmental Toxicology and such other sources
as may be needed.
  (5) The functions of the board are to:
 
  (a) Direct the activities and priorities of the administrator
of the center.
  (b) Centralize receiving of information relating to actual or
alleged health and environmental incidents involving pesticides.
  (c) Mobilize expertise necessary for timely and accurate
investigation of pesticide incidents and analyses of associated
samples.
  (d) Identify trends and patterns of problems related to
pesticide use.
  (e) Make recommendations for action to a state agency when a
majority of the board considers that such action may be warranted
on the basis of the findings of an incident investigation or on
the basis of identification of a trend or pattern of problems.
Recommended actions may include, but not be limited to,
regulatory action, modification of administrative rules, proposal
of new legislation, public education and consultation to
industry.
  (f) Report in a standardized format the results of the
investigations of pesticide incidents.
  (g) Establish by consensus, procedures for carrying out its
responsibilities within the limits of available resources.
  (h) Prepare and submit to each session of the Legislative
Assembly a report of the activities of the center that includes a
record of recommendations made by the board and the actions
resulting from the board's work.
  (6) Upon receipt of a recommendation from the board, a state
agency shall respond in a timely manner to inform the board of
actions taken or the reasons for taking no action on the
recommendation.
  (7) Any medical information received by a member of the board
or by a staff member of the center in the course of carrying out
the duties of the center or the board shall be held confidential
as provided in ORS 192.525 and 433.008.
  (8) The functions of the board do not supersede the regulatory
authority of any agency and are not in lieu of the regulatory
authority of any agency.
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