75th OREGON LEGISLATIVE ASSEMBLY--2009 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 558
House Bill 2213
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski 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 as
introduced.
Places Invasive Species Council within State Department of
Agriculture. Expands council membership. Gives council power to
enter into contracts and other agreements. Gives council
authority to adopt rules and take other actions. Appoints
department as fiscal agent of council.
Deletes requirement that council appointment of coordinator be
by written order filed with Secretary of State. Allows State
Department of Agriculture to enter into interagency agreements
with Department of Environmental Quality for sharing of council
administrative expenses.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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.
(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 { + :
(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.
(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.
(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. + }
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