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 971
A-Engrossed
House Bill 2181
Ordered by the House May 3
Including House Amendments dated May 3
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.
Establishes Invasive Species Council to promote reporting of
{ - undesirable nonnative plant and animal invasions - } { +
invasive species sightings + }, increase education about invasive
species and provide grants or loans for eradicating new
introductions of
{ - undesirable nonnative invasive species - } { + invasive
species + }. Abolishes Interagency Integrated Pest Management
Coordinating Committee.
A BILL FOR AN ACT
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 - } { + Invasive Species Council established under
section 1 of this 2001 Act + }.
(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 - } { +
Invasive Species Council + } 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. + }
----------