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 3194
A-Engrossed
House Bill 3637
Ordered by the House May 21
Including House Amendments dated May 21
Sponsored by COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
(at the request of Representative Wayne Krieger)
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.
Modifies membership of State Fish and Wildlife Commission.
{ - Requires that members represent specific geographic regions
and interests. - } { + Provides that members serve at pleasure
of Governor. Modifies eligibility requirements for members.
Modifies method for selection of chairperson. + } Requires that
commission hold monthly meetings in geographically diverse areas.
{ - Specifies that current members of commission are
dismissed and new members are appointed. - }
{ + Provides that appointment of State Fish and Wildlife
Director by commission is subject to confirmation by Senate.
Sunsets confirmation provision January 2, 2004.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to the State Fish and Wildlife Commission; creating new
provisions; amending ORS 496.090, 496.108 and 496.112; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.090 is amended to read:
496.090. (1) There is established a State Fish and Wildlife
Commission that shall consist of { - at least seven members and
may consist of up to nine - } { + seven + } members appointed
by the Governor.
(2) The term of office of each member is four years { + , but a
member serves at the pleasure of the Governor + }. Before the
expiration of the term of a member, the Governor shall appoint a
successor. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(3) All appointments of members of the commission by the
Governor are subject to confirmation by the Senate pursuant to
section 4, Article III, Oregon Constitution.
(4) One member of the commission shall be appointed from each
of the congressional districts referred to in ORS 188.135, one
member from that portion of the state lying west of the Cascade
Mountains and one member from that portion of the state lying
east of the Cascade Mountains. { - Two members of the
commission may be appointed from the state at large. - }
{ - (5) No member of the commission may hold any office in
any sports fishing organization or commercial fishing
organization or have any ownership or other direct interest in a
commercial fish processing business. - }
{ + (5) Members appointed to the commission shall be
residents of this state, as defined in ORS 497.002. To ensure
that the knowledge base of the commission relating to fish and
wildlife issues is as broad as possible, members shall be
appointed as follows:
(a) One member with a background in the sportfishing community.
(b) One member with a background in the commercial fishing
community.
(c) One member with a background in the hunting community.
(d) One member with a background in the agriculture or forestry
community.
(e) Three at-large members.
(6) All members of the commission shall represent the public
interest of the state and make decisions affecting the wildlife
resources of the state for the benefit of those resources.
Consistent with the requirements of this subsection, the
commission shall provide for the most productive and sustainable
utilization of wildlife resources for all groups of users.
(7) All members of the commission shall have a general
knowledge of fish and wildlife issues and an understanding of the
operation and functions of public policy boards and
commissions. + }
{ - (6) - } { + (8) + } Failure of a member to maintain
compliance with the eligibility requirements of subsections (4)
and (5) of this section shall vacate membership. Members of the
commission may otherwise be removed only { - for cause - }
{ + by the Governor + }.
{ - (7) - } { + (9) + } A member of the commission is
entitled to compensation and expenses as provided in ORS 292.495.
SECTION 2. ORS 496.108 is amended to read:
496.108. (1) { + (a) The Governor shall designate one member of
the State Fish and Wildlife Commission as chairperson. The member
shall serve as chairperson until the member's term expires or
until relieved by the Governor. The chairperson shall have the
powers and duties as are provided by the rules of the commission.
(b) + }The { - State Fish and Wildlife - } commission shall
select one of its members as { - chairperson and another as - }
vice chairperson, for { - such terms - } { + a term + } and
with { - such - } { + the + } duties and powers necessary for
the performance of the functions of { - such offices - }
{ + the office + } as the commission determines appropriate.
(2) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(3) The commission shall meet at least once every { - three
months - } { + month + } at a time and place { - determined
by the commission - } { + that provides the best access to all
people of this state + }. The commission shall also meet at
{ - such - } other times and places as are specified by the
call of the chairperson or of a majority of the members of the
commission.
(4) The commission may also meet jointly with authorities of
other states or of the United States to consider problems of
mutual interest.
{ + (5) The commission shall hold at least one meeting per
year in each of the congressional districts in this state. + }
SECTION 3. ORS 496.112 is amended to read:
496.112. (1) The State Fish and Wildlife Commission shall
appoint a State Fish and Wildlife Director to serve for a term
{ - of - } { + not to exceed + } four years unless sooner
removed by the commission. { + The appointment of the director
is subject to confirmation by the Senate pursuant to section 4,
Article III, Oregon Constitution. + }
(2) The director shall receive such salary as may be fixed by
the commission. In addition to salary, subject to applicable law
regulating travel and other expenses of state officers, the
director shall be reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties.
(3) The commission may delegate to the director any of the
powers and duties granted to or imposed upon it by law, except to
revoke or refuse to issue licenses issued pursuant to the
commercial fishing laws.
SECTION 4. ORS 496.112, as amended by section 3 of this 2001
Act, is amended to read:
496.112. (1) The State Fish and Wildlife Commission shall
appoint a State Fish and Wildlife Director to serve for a term
not to exceed four years unless sooner removed by the commission.
{ - The appointment of the director is subject to confirmation
by the Senate pursuant to section 4, Article III, Oregon
Constitution. - }
(2) The director shall receive such salary as may be fixed by
the commission. In addition to salary, subject to applicable law
regulating travel and other expenses of state officers, the
director shall be reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties.
(3) The commission may delegate to the director any of the
powers and duties granted to or imposed upon it by law, except to
revoke or refuse to issue licenses issued pursuant to the
commercial fishing laws.
SECTION 5. { + The amendments to ORS 496.112 by section 4 of
this 2001 Act become operative on January 2, 2004. + }
SECTION 6. { + Notwithstanding ORS 496.090 (8), the amendments
to ORS 496.090 by section 1 of this 2001 Act apply only to
members of the State Fish and Wildlife Commission appointed or
reappointed on or after the effective date of this 2001 Act. + }
SECTION 7. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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