Relating to the State Fish and Wildlife Commission; creating new provisions; amending ORS 496.012, 496.090, 496.108 and 496.112; and declaring an emergency.

 
 
 
     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
 
                           C-Engrossed
 
                         House Bill 3637
                  Ordered by the Senate June 22
  Including House Amendments dated May 21 and Senate Amendments
                    dated June 12 and June 22
 
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.
Provides that members serve at pleasure of Governor. Modifies
eligibility requirements for members. Modifies method for
selection of chairperson. Requires that commission hold meetings
at least once every two months in geographically diverse areas.
  Provides that appointment of State Fish and Wildlife Director
by commission is subject to confirmation by Senate. Sunsets
confirmation provision January 2, 2003.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the State Fish and Wildlife Commission; creating new
  provisions; amending ORS 496.012, 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.
  (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 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. In making appointments to the commission, the
Governor shall consider appointing members who possess natural
resource backgrounds such as backgrounds in commercial fishing,
recreational fishing, hunting, agriculture, forestry and
conservation. + }
    { - (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 - }   { + two + } months at a time and place
determined by the commission. 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.
   { +  (4) The commission may reappoint the director to
additional terms. + }
  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.
  (4) The commission may reappoint the director to additional
terms.
  SECTION 5.  { + The amendments to ORS 496.112 by section 4 of
this 2001 Act become operative on January 2, 2003. + }
  SECTION 6. ORS 496.012 is amended to read:
  496.012. It is the policy of the State of Oregon that wildlife
shall be managed to prevent serious depletion of any indigenous
species and to provide the optimum recreational and aesthetic
benefits for present and future generations of the citizens of
this state. In furtherance of this policy, the State Fish and
Wildlife Commission shall  { + represent the public interest of
the State of Oregon and + } implement the following coequal goals
of wildlife management:
  (1) To maintain all species of wildlife at optimum levels.
  (2) To develop and manage the lands and waters of this state in
a manner that will enhance the production and public enjoyment of
wildlife.
  (3) To permit an orderly and equitable utilization of available
wildlife.
  (4) To develop and maintain public access to the lands and
waters of the state and the wildlife resources thereon.
  (5) To regulate wildlife populations and the public enjoyment
of wildlife in a manner that is compatible with primary uses of
the lands and waters of the state.
  (6) To provide optimum recreational benefits.
   { +  (7) To make decisions that affect wildlife resources of
the state for the benefit of the wildlife resources and to make
decisions that allow for the best social, economic and
recreational utilization of wildlife resources by all user
groups. + }
  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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