Chapter 258
AN ACT
HB 3068
Relating to vector control; amending ORS 452.010, 452.080, 452.110,
452.130, 452.140, 452.210, 452.240, 452.245, 452.300 and 634.116; and declaring
an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 452.010 is amended to read:
452.010. As used in this
section and ORS 452.020 to 452.300, unless the context requires otherwise:
[(1) “Board” means the board of trustees of a vector control district.]
[(2)] (1) “County court” includes board of county
commissioners.
[(3)] (2) “District” means a vector control district
established for the prevention, control or eradication of public
health vectors and predatory animals.
[(4)] (3) “Health officer” means the health officer appointed
under ORS 431.418.
(4) “Integrated pest
management methods” means the processes described in ORS 634.650 (1).
(5) “Pesticide use plan”
means an annual plan created by a vector control district or a county court
that describes anticipated pesticide use.
[(5)] (6) “Predatory animals” has the meaning given that term
in ORS 610.002.
[(6)] (7) “Public health vectors” means arthropods and
vertebrates of public health significance and those insects included within the
family Chironomidae of the order Diptera. The term does not include any
domesticated animal.
(8) “Vector habitat”
means any area where public health vectors are found.
SECTION 2.
ORS 452.080 is amended to read:
452.080. (1) After an
order is entered forming a district, the county court of the county in which
the district is situated shall forthwith appoint a governing board of five
trustees each of whom shall be a resident and elector of the district.
(2) The trustees shall
hold office for four years and until their successors are appointed and
qualified, except that for each new board of five trustees one member shall be
appointed for a term of one year, one for a term of two years, one for a term
of three years and two for a term of four years.
(3) Each trustee shall
take an oath to faithfully perform the duties of office. The oath shall be
filed with the county clerk.
(4) The board of
trustees shall elect a president, a secretary and a treasurer at the first
meeting of each calendar year. Officers shall serve for one calendar year.
(5) All health officers
with offices in the district shall be ex officio members of the board without
vote[.] and shall be offered the
opportunity to assist in the creation of district plans.
(6) The board of
trustees may compensate a trustee in an amount not exceeding $100 per year for
attendance at conferences that provide training and education to carry out
trustee duties under ORS 452.110.
(7) The board of
trustees may adopt a resolution to change the name of the district. The board
shall file a copy of a resolution changing the name of the district with the
Secretary of State and the county clerk within 10 days after adopting the
resolution. Following a name change, the district name must contain the words:
(a) Vector control
district;
(b) Mosquito and vector
control district;
(c) Mosquito control
district; or
(d) Vector and predatory
animal control district.
SECTION 3.
ORS 452.110 is amended to read:
452.110. The board of
trustees of a control district may:
(1) Take all necessary
and proper steps and measures for the prevention, control or eradication
of public health vectors and vector habitats within the district and for
the control of predatory animals within the district, using integrated pest
management methods. Prior to taking such measures the board shall consider
technical information available to it for the purpose of determining the need
for control measures and the need for specific actions.
[(2) Take all necessary and proper steps and measures for the
eradication of rats within the district when the board determines that rats
exist in such numbers as to be detrimental to human health and well-being.
Prior to taking such measures the board shall consider technical information
available to it for the purpose of determining the need for control measures
and the need for specific actions.]
[(3)] (2) Enter upon any land, public or private, within the
district at any reasonable time to inspect for or to prevent, control [rats] or eradicate public health
vectors and [their breeding places]
vector habitats using integrated pest management methods.
[(4)] (3) Purchase all needed equipment, supplies and
materials.
[(5)] (4) Employ such labor and service as may be proper or
necessary in the furtherance of the objects of ORS 452.020 to 452.170.
[(6)] (5) Employ labor and services and fix the compensation
and prescribe the duties of all employees, agents and servants.
[(7)] (6) Acquire by gift or purchase, hold, manage and
dispose of real and personal property in the name of the district in the
furtherance of the purposes for which the district is established.
[(8)] (7) Work cooperatively with irrigation and drainage
districts, municipal corporations or other public agencies, and use [funds] the technical expertise of
the district to assist those agencies in the construction, improvement, repair
and maintenance of ditches when such work is necessary for, or incident to, the
prevention, [and] control and
eradication of [rats,] predatory
animals or public health vectors.
[(9)] (8) Enter into a contract with a city, county, district
described in ORS 198.010 or person to perform, or to act jointly or in
cooperation with the city, county, district or person in performing, any
abatement practice or other activity that the vector control district is
authorized to perform for the eradication, control and prevention of public
health vectors and vector habitats or predatory animals.
[(10)] (9) Generally do all things necessary or incident to
the powers granted and to carry out the [objects]
objectives specified in this section.
SECTION 4.
ORS 452.130 is amended to read:
452.130. All work
performed under ORS 452.110 shall be paid for by the control district, except
when a contract authorized under ORS 452.110 [(9)] (8) provides otherwise.
SECTION 5.
ORS 452.140 is amended to read:
452.140. The board of
trustees of a district:
(1) [Shall] May not apply [insecticides or oil or other chemicals]
pesticides to waters in the district [which]
that are frequented by waterfowl or [which]
that contain any game fish without [first]
obtaining [the] annual
approval of the State Fish and Wildlife Commission.
(2) [Shall] May not [spread poisons for rats or] apply
pesticides for public health vectors without first obtaining approval of
the State Fish and Wildlife Commission.
SECTION 6.
ORS 452.210 is amended to read:
452.210. Any county
court may contract with any incorporated city, any vector control district, or
with the county court of any other county on any matter incident to the
eradication, prevention and control of public health vectors and vector
habitats using integrated pest management methods and for the supervision
of such work by county employees.
SECTION 7.
ORS 452.240 is amended to read:
452.240. Any county
court may:
(1) Take all necessary
or proper steps and measures for the prevention, control or [extermination] eradication of
public health vectors using integrated pest management methods.
(2) Abate as nuisances
all [places where public health vectors
within the county may breed] vector habitats.
(3) Purchase such
supplies and materials and employ or contract for such labor as may be
necessary or proper in furtherance of prevention, control or [extermination] eradication.
(4) Fix the compensation
and prescribe the duties of all employees, agents and servants.
(5) Enter upon all
places within the county and adjacent thereto for the purpose of carrying out
this section.
(6) Cut or remove such
shrubbery or undergrowth as is necessary or proper in order to carry out this
section.
(7) Treat [with proper chemicals], using
integrated pest management methods places where public health vectors are
found or are likely to exist.
(8) Generally do any and
all things necessary or incident to the powers granted in ORS 452.230 to
452.250 and to carry out the [objects]
objectives specified in this section.
SECTION 8.
ORS 452.300 is amended to read:
452.300. (1) The
Department of Human Services shall maintain a program of public health vector
control, which program shall include, but not be limited to:
[(1)] (a) Monitoring and investigating public health vectors,
vector habitats and vector-borne diseases.
[(2)] (b) Providing technical assistance and information to
vector control districts, local vector control programs and the public.
[(3)] (c) Maintaining training programs for vector control
district personnel and other public health personnel.
[(4)] (d) Coordinating and assisting vector control district
programs and other local programs in research projects.
[(5)] (e) Reviewing vector control program pesticide use
plans submitted by agencies [which]
that intend to use [chemicals] pesticides
for vector control. Agencies must obtain [the
approval of the Department of Human Services] department approval of
their annual pesticide use plan prior to pesticide applications.
(2) The department
may provide an amount not to exceed $5,000 per year in matching funds to a
district for a program to allow the district to carry out disease surveillance
in cooperation with public health personnel.
SECTION 9.
ORS 634.116 is amended to read:
634.116. (1) A pesticide
operator’s license, or supplements thereto, shall authorize the licensee to
engage in one or more of the classes of pest control or pesticide application
business prescribed by the State Department of Agriculture under ORS 634.306
(2). The department may not issue a pesticide operator license to the
(2) During a license
period, and after a person has been issued a license to engage in certain
classes of pest control or pesticide application business during a license
period, the department upon receiving an additional application and applicable
fees, may authorize the licensee to engage in additional classes of pest
control or pesticide application business for the remainder of the license
period as prescribed in ORS 634.306 (2).
(3)(a) The department
shall establish a pesticide operator license fee not to exceed $90 for the
first class of pest control or pesticide application business as prescribed in
ORS 634.306 (2) and not to exceed $15 for each additional class.
(b) After a person makes
first application for a specific license period, if later during the same
license period the person desires to engage in additional classes of pest
control or pesticide application businesses, such person shall pay the fee for
each additional class established by the department not to exceed $20.
(4) At least one owner
or part owner of the pest control or pesticide application business shall also
obtain and maintain a pesticide applicator’s license if the pesticide operator
is a sole proprietorship or a partnership. At least one officer or employee
shall obtain and maintain a pesticide applicator’s license if the pesticide
operator is a corporation. If a pesticide operator is found to be in violation
of this subsection, the pesticide operator’s license, notwithstanding ORS
chapter 183, is automatically suspended until the pesticide operator is in
compliance. If the business is owned by one individual, the department shall
make no charge for the pesticide applicator license issued to the individual
under ORS 634.122.
(5) The department shall
not issue or renew a pesticide operator’s license until the applicant or
licensee has furnished evidence to the department, in the form of a public
liability policy issued by an insurance company qualified to do business in
Oregon, protecting the applicant or licensee against liability for injury or
death to persons and loss of or damage to property resulting from the
application of pesticides, or in lieu of a policy, has furnished a deposit of cash,
surety bond or other evidence of financial responsibility acceptable to the
department that may be applied by the department to the payment of damages
resulting from operator liability. However:
(a) Except as required
under paragraph (b) of this subsection, the financial responsibility required
by this section shall not apply to damages or injury to crops, real or personal
property being worked upon by the applicant.
(b) If the applicant or
licensee is to be engaged in the business of controlling or eradicating
structural pests, or pests within a public or private place, or pests within
private or public places where food is served, prepared or processed or where
persons are regularly housed, the financial responsibility required by this
section shall apply to damages or injury to real or personal property being
worked upon, as well as all the other real and personal property set forth in
this section.
(6) The financial
responsibility required by subsection (5) of this section must be not less than
$25,000 for bodily injury to one or more persons and not less than $25,000 for
property damage.
(7) Notwithstanding the
provisions of ORS chapter 183, if the licensed pesticide operator fails to
maintain the financial responsibility required by subsections (5) and (6) of
this section, the license is automatically suspended until the department again
verifies the pesticide operator is in compliance with subsections (5) and (6)
of this section. The liability insurance company shall notify the department in
writing at least 30 days prior to any cancellation of an insurance policy
required by this section.
(8) Notwithstanding the
provisions of ORS 105.810 and 105.815 or other laws to the contrary, the amount
of damages for which a pesticide operator or pesticide applicator is liable as
a result of use of pesticides, or financial responsibility for the same is
limited to actual damages only.
(9) The department shall
return the deposit required by subsection (5) of this section to the pesticide
operator if the pesticide operator at any time establishes exemption from the
financial responsibility requirements under this chapter. After the expiration
of two years from the date of an injury, death, loss or damage, the department
shall return any deposit remaining to the pesticide operator or to the personal
representative of the pesticide operator except that the department shall not
make a return if the department has received notice that an action for damages
arising out of the provisions of this section has been filed against the
pesticide operator for whom the deposit was made, and the department has
determined that the action is pending or that any judgment resulting from the
action remains unpaid.
(10) If the pesticide
operator is to spray by aircraft, then the department, in addition to other
provisions of this section relating to financial responsibility, may by rule
allow aircraft pesticide operators to reduce, suspend or terminate the
liability insurance, applicable to spraying by aircraft, and required by subsections
(5) and (6) of this section during certain periods of the year.
(11) The department may
by rule allow liability insurance policies required by subsections (5) and (6)
of this section to include deductible clauses of amounts to be determined by the
department.
(12)(a) The United
States, the State of Oregon or federal, state or local agencies,
instrumentalities, political subdivisions, counties, cities, towns, municipal
corporations, irrigation, drainage or other districts or other federal, state or
local governmental bodies are not required to obtain a license as a pesticide
operator or to furnish evidence of financial responsibility to the department
when:
(A) Applying pesticides
to property under their ownership, possession, control or jurisdiction;
(B) Applying pesticides
pursuant to an order issued by the department for purposes of controlling or
eradicating noxious weeds or pests; or
(C) Applying pesticides
to property under the ownership, possession, control or jurisdiction of another
federal, state or local agency, instrumentality, political subdivision, county,
city, town, municipal corporation, irrigation, drainage or other district or
other federal, state or local governmental body or of a homeowners association
as defined under ORS 94.550 if:
(i) The land is in a
jurisdiction adjacent to property under their ownership, possession, control or
jurisdiction;
(ii) The application is
done in conjunction with, or as an extension of, an application of pesticides
to property under their ownership, possession, control or jurisdiction; and
(iii) The pesticide
application is done on a cost recovery, cooperative trade of services or no
cost basis, and not as a source for profit.
(b) A public utility or
telecommunications utility is not required to obtain a license as a pesticide
operator or to furnish evidence of financial responsibility to the department
when applying pesticides to property under the ownership, possession or control
of the utility.
(c) In addition to
any application allowed under paragraph (a) of this subsection, a vector
control district is not required to obtain a license as a pesticide operator or
to furnish evidence of financial responsibility to the department when applying
pesticides for the prevention, control or eradication of a public health vector
as defined in ORS 452.010 to property under the ownership, possession, control
or jurisdiction of another federal, state or local agency, instrumentality,
political subdivision, county, city, town, municipal corporation, irrigation,
drainage or other district or other federal, state or local governmental body
or of a homeowners association as defined under ORS 94.550 if the pesticide
application is done on a cost recovery, cooperative trade of services or no
cost basis, and not as a source of profit.
(13) Subject to
subsection (15) of this section, the employees of the agencies,
instrumentalities, subdivisions, counties, cities, towns, municipal
corporations, districts, governmental bodies or utilities described in
subsection (12) of this section who perform or carry out the work, duties or
responsibilities of a pesticide applicator are subject to the provisions of
this chapter, except they shall be issued “public applicator” licenses or, if
they carry out the work, duties or responsibilities of a pesticide trainee,
shall be issued “public trainee” certificates, if they otherwise comply or
qualify with the provisions of this chapter relating thereto.
(14) The public
applicator license or public trainee certificate shall be:
(a) Issued by the
department upon payment of the fee for the pesticide applicator license or
pesticide trainee certificate.
(b) Valid and used by
the licensee or certificate holder only when applying pesticides as described
in subsection (12) of this section.
(c) Renewed, suspended
or revoked each year in the same manner, under the same provisions and at the
same time as other pesticide applicator licenses and trainee certificates are
renewed, suspended or revoked.
(15) The provisions of
subsection (13) of this section apply only to:
(a) The application of
restricted-use pesticides; or
(b) The application of
any pesticide by using a machine-powered device.
(16) Prior to applying
pesticides to land described in subsection (12)(a)(C) of this section, a public
applicator shall inform the person requesting pesticide application of the
possible availability of alternative sources of assistance, including sources
in the private sector that are registered with the department or with industry
trade or professional organizations.
(17) A federal, state or
local agency, instrumentality, political subdivision, county, city, town,
municipal corporation, irrigation, drainage or other district or other federal,
state or local governmental body may not solicit or advertise for pesticide
application business in areas outside its jurisdiction.
SECTION 10.
ORS 452.245 is amended to read:
452.245. In exercising
its powers under ORS 452.210 to 452.250, a county court:
(1) [Shall] May not order the
application of [insecticides, oil or
other chemicals] pesticides to waters in the county [which] that are frequented by
waterfowl or [which] that
contain any game fish without [first]
obtaining [the] annual
approval of the State Fish and Wildlife Commission.
(2) [Shall] May not order the [spreading of poisons] application of
pesticides for public health vectors without first obtaining the approval
of the State Fish and Wildlife Commission.
SECTION 11. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date June 1, 2007
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