Chapter 100 Oregon Laws 2009

AN ACT

HB 2213

Relating to the Invasive Species Council; creating new provisions; amending ORS 561.685, 561.687 and 561.691; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 561.685 is amended to read:

561.685. (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.

(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:

(a) Approve the expenditure of funds by the council, or any member thereof, for the production of educational materials or the presentation of educational materials.

(b) Enter into contracts and other agreements with persons, the federal government, state governments and local governments or units of federal, state or local governments or with Indian tribes, on matters pertaining to invasive species.

(c) Adopt rules or perform other acts the council considers reasonable for carrying out the powers, duties and functions of the council.

SECTION 2. ORS 561.687 is amended to read:

561.687. (1) [There is established the Invasive Species Council.] The Invasive Species Council is established within the State Department of Agriculture. Except as provided in ORS 561.691 (1), the council shall consist of [13] 15 members. The following persons are voting 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.

(d) The administrative head of the Sea Grant College of Oregon State University or a designated representative.

(e) The State Forester or a designated representative.

(f) The Director of the Department of Environmental Quality or a designated representative.

(2) The voting ex officio members of the council described in subsection (1) of this section shall collectively appoint [eight] nine 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 voting ex officio members of the council. Before the expiration of a term, the voting ex officio members of the council 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 voting ex officio members of the council shall make an appointment to become immediately effective for the unexpired term.

(4) In making appointments to the council, the voting ex officio members of the council shall endeavor to appoint persons representative of the geographic, cultural and economic diversity of this state. The voting ex officio members of the council 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 3. Notwithstanding the term of office established in ORS 561.687 (3), the ex officio members of the Invasive Species Council may adjust the initial term of office of the person first appointed to the Invasive Species Council under the amendments to ORS 561.687 by section 2 of this 2009 Act to ensure that a uniform number of council appointments will expire each year.

SECTION 4. ORS 561.691 is amended to read:

561.691. (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, the State Forestry Department, the Department of Environmental Quality, Portland State University and Oregon State University for sharing the administrative expenses of the council.

(3) The State Department of Agriculture shall act as the fiscal agent of the council for purposes of:

(a) Budgeting, interagency agreements for sharing administrative expenses or other mechanisms for paying the administrative and other expenses of the council;

(b) Drafting and processing contracts, other agreements, grant applications or other documents;

(c) Receiving gifts, grants, donations or other moneys on behalf of the council and ensuring the appropriate crediting of those moneys to the Invasive Species Council Account or the trust account described in ORS 561.695; and

(d) Taking all reasonable actions to ensure the council is in compliance with state financial administration laws.

SECTION 5. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

Approved by the Governor May 21, 2009

Filed in the office of Secretary of State May 21, 2009

Effective date May 21, 2009

__________