CSHB 54(FIN): "An Act establishing the Alaska Invasive Species Council in the Department of Fish and Game; relating to management of invasive species; relating to invasive species management decals; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 54(FIN) 01 "An Act establishing the Alaska Invasive Species Council in the Department of Fish and 02 Game; relating to management of invasive species; relating to invasive species 03 management decals; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE INTENT. It is the intent of the legislature that the Department of Fish 08 and Game support the activities of the Alaska Invasive Species Council, established by this 09 Act, through contributions, grants, and other forms of funding that do not involve the use of 10 money from the state's general fund. 11 * Sec. 2. AS 16.20 is amended by adding new sections to read: 12 Article 6. Management of Invasive Species. 13 Sec. 16.20.800. Invasive species management decals. The department shall 14 annually produce and make available to the public invasive species management
01 decals. The department shall, in conjunction with the Alaska Invasive Species 02 Council, provide for the selection of designs for invasive species management decals 03 and for the production and sale of the decals. The department may produce and sell 04 different decals in quantities that the commissioner and council consider appropriate. 05 Upon payment of a $20 fee, a person may purchase an invasive species management 06 decal from the department. The legislature may appropriate the annual estimated 07 balance in the account maintained by the commissioner of administration under 08 AS 37.05.142 to the department to carry out the purposes of this section or to the 09 invasive species response fund established under AS 16.20.820. 10 Sec. 16.20.810. Alaska Invasive Species Council. (a) The Alaska Invasive 11 Species Council is an advisory council established in the department to facilitate 12 efforts by the department, the Department of Natural Resources, the Department of 13 Environmental Conservation, the Department of Transportation and Public Facilities, 14 and other natural resource-related governmental entities operating in the state to 15 manage invasive species in the state by 16 (1) facilitating cooperation between state, federal, tribal, and local 17 agencies and nongovernmental organizations; 18 (2) assisting in coordination of activities to manage invasive species, 19 including those undertaken by local governments and nongovernmental organizations; 20 (3) recommending coordinated interagency strategies and policies 21 related to management of invasive species, including 22 (A) importation, possession, and use of invasive species; 23 (B) classification and listing of non-native species; and 24 (C) management of pathways associated with transfer of 25 invasive species; 26 (4) upon a state agency's request, providing guidance as to how to 27 prioritize the state agency's responses to occurrences of invasive species and how 28 funds made available under AS 16.20.820 may be best used; 29 (5) recommending expenditures from the invasive species response 30 fund; 31 (6) providing technical information and assistance to persons engaged
01 in regional and national invasive species management efforts; 02 (7) selecting designers for invasive species management decals and 03 approving and promoting the designs. 04 (b) Except as provided in (c) of this section, the council consists of 05 (1) the following members appointed by the governor to three-year 06 terms: 07 (A) a representative of a soil and water conservation district 08 established under AS 41.10.130; 09 (B) a person engaged in commercial agriculture, horticulture, 10 or landscaping; 11 (C) a person engaged in commercial aquaculture or 12 mariculture; 13 (D) a representative of a commercial fishing organization; 14 (E) a representative of a sport fishing organization; 15 (F) a representative of an Alaska tribal entity; 16 (G) a representative of an Alaska Native corporation; 17 (H) a person engaged in the tourism industry; 18 (I) a person who owns a seaplane, is employed as a seaplane 19 pilot, or is otherwise knowledgeable about seaplanes; 20 (J) a representative of an organization formed to combat the 21 spread of invasive species in the state; 22 (K) a person involved in the forest products industry; 23 (L) a person engaged in commercial excavation work, 24 construction, mining, or the oil and gas industry; 25 (M) a person who has worked for or participated in a state 26 program to prevent the spread of invasive plants; 27 (N) a member or representative of the Alaska Municipal 28 League; 29 (O) a person engaged in management, research, or education 30 activities relating to invasive species; 31 (P) a person engaged in the shipping industry;
01 (Q) a representative of a utility knowledgeable about utility 02 corridors; 03 (2) a representative from each of the following federal agencies, 04 serving ex officio, if the agency elects to participate: 05 (A) the Department of the Interior; 06 (B) the Department of Commerce; 07 (C) the Department of Agriculture; 08 (D) the Department of Homeland Security; 09 (E) the Department of Defense; 10 (3) the commissioner from each of the following departments or the 11 commissioner's designee, serving ex officio: 12 (A) the Department of Fish and Game; 13 (B) the Department of Natural Resources; 14 (C) the Department of Environmental Conservation; 15 (D) the Department of Transportation and Public Facilities; and 16 (4) the chairperson of the board of directors of the Alaska Railroad 17 Corporation or the chairperson's designee. 18 (c) The council may, as the council finds necessary, invite additional persons 19 to be nonvoting advisory members of the council. The council may prescribe 20 procedures for the participation of persons added to the council under this subsection. 21 (d) The council shall adopt bylaws to govern its operation. The bylaws must 22 provide procedures for 23 (1) decision making; 24 (2) periodically electing one member as chair; 25 (3) calling meetings; and 26 (4) establishing subcommittees and advisory committees. 27 (e) The council shall meet at least once each year. Meetings and council votes 28 may be held by audio or video teleconference. 29 (f) Members of the council serve without compensation and are not entitled to 30 per diem and travel expenses. However, a member appointed under (b)(3) of this 31 section is entitled to per diem and travel expenses as a state employee.
01 (g) By January 15 of each odd-numbered year, the council shall prepare and 02 present to the legislature an updated five-year strategic plan that addresses the 03 economic effects of invasive species, states the council's suggested priorities for 04 addressing invasive species, and recommends legislation and funding required to 05 implement the council's priorities. The council shall transmit the plan to the senate 06 secretary and the chief clerk of the house of representatives and notify the legislature 07 that the strategic plan is available. 08 (h) Council members appointed under (b)(1) of this section serve staggered 09 three-year terms and until a successor is appointed. If a vacancy occurs, the governor 10 shall appoint a member for the unexpired portion of the term within 60 days after the 11 occurrence of the vacancy. 12 Sec. 16.20.820. Invasive species response fund. The invasive species 13 response fund is established as an account in the general fund. The fund consists of 14 appropriations made to the fund. Money appropriated to the fund does not lapse. The 15 department may use money appropriated to the fund to manage invasive species, 16 without further appropriation. 17 Sec. 16.20.850. Definitions. In AS 16.20.800 - 16.20.850, 18 (1) "commissioner" means the commissioner of fish and game; 19 (2) "council" means the Alaska Invasive Species Council; 20 (3) "department" means the Department of Fish and Game; 21 (4) "invasive species" means a non-native species the introduction of 22 which causes or is likely to cause economic harm, environmental harm, or harm to 23 human health; 24 (5) "manage invasive species" means to take actions to prevent or 25 minimize harmful impacts of invasive species on the economy, the environment, 26 public health, infrastructure, and cultural heritage; 27 (6) "non-native species" includes any biological material capable of 28 propagating a species that is not native to the state or an ecosystem in the state. 29 * Sec. 3. AS 37.05.146(c) is amended by adding a new paragraph to read: 30 (80) fees collected for invasive species management decals by the 31 Department of Fish and Game under AS 16.20.800.
01 * Sec. 4. AS 16.20.800, 16.20.810, 16.20.820, 16.20.850, and AS 37.05.146(c)(80) are 02 repealed July 1, 2029. 03 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPOINTMENT OF MEMBERS AND CHAIR AND TIMING AND NUMBER OF 06 MEETINGS REQUIRED IN INITIAL YEAR. (a) Notwithstanding AS 16.20.810(h), added 07 by sec. 2 of this Act, the governor shall appoint the initial members of the Alaska Invasive 08 Species Council required under AS 16.20.810(b)(1) within 60 days after the effective date of 09 this Act. Notwithstanding AS 16.20.810(d)(2), the governor shall designate one member to 10 serve as the initial chair of the council. The governor shall appoint the members to staggered 11 terms as follows: 12 (1) six members shall be appointed to serve three years; 13 (2) six members shall be appointed to serve two years; and 14 (3) five members shall be appointed to serve one year. 15 (b) Notwithstanding AS 16.20.810(d) and (e), added by sec. 2 of this Act, the Alaska 16 Invasive Species Council shall 17 (1) hold its first meeting within 90 days after the appointment of members 18 under (a) of this section; and 19 (2) meet at least four times in the 12 months following the appointment of 20 members under (a) of this section. 21 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).