SCS CSHB 54(RES): "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 SENATE CS FOR CS FOR HOUSE BILL NO. 54(RES) 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 fee established by the department in regulation, a person may 06 purchase an invasive species management decal from the department. The legislature 07 may appropriate the annual estimated balance in the account maintained by the 08 commissioner of administration under AS 37.05.142 to the department to carry out the 09 purposes of this section or to the invasive species response fund established under 10 AS 16.20.820. 11 Sec. 16.20.810. Alaska Invasive Species Council. (a) The Alaska Invasive 12 Species Council is an advisory council established in the department to facilitate 13 efforts by the department, the Department of Natural Resources, the Department of 14 Environmental Conservation, the Department of Transportation and Public Facilities, 15 and other natural resource-related governmental entities operating in the state to 16 manage invasive species in the state by 17 (1) facilitating cooperation between state, federal, tribal, and local 18 agencies and nongovernmental organizations; 19 (2) assisting in coordination of activities to manage invasive species, 20 including those undertaken by local governments and nongovernmental organizations; 21 (3) recommending coordinated interagency strategies and policies 22 related to management of invasive species, including 23 (A) importation, possession, and use of invasive species; 24 (B) classification and listing of non-native species; and 25 (C) management of pathways associated with transfer of 26 invasive species; 27 (4) upon a state agency's request, providing guidance as to how to 28 prioritize the state agency's responses to occurrences of invasive species and how 29 funds made available under AS 16.20.820 may be best used; 30 (5) recommending expenditures from the invasive species response 31 fund;
01 (6) providing technical information and assistance to persons engaged 02 in regional and national invasive species management efforts; 03 (7) selecting designers for invasive species management decals and 04 approving and promoting the designs; 05 (8) recommending the fee amount for the purchase of an invasive 06 species management decal sold by the department under AS 16.20.800. 07 (b) Except as provided in (c) of this section, the council consists of 08 (1) the following members appointed by the governor to three-year 09 terms: 10 (A) a representative of a soil and water conservation district 11 established under AS 41.10.130; 12 (B) a person engaged in commercial agriculture, horticulture, 13 or landscaping; 14 (C) a person engaged in commercial aquaculture or 15 mariculture; 16 (D) a representative of a commercial fishing organization; 17 (E) a representative of a sport fishing organization; 18 (F) a representative of an Alaska tribal entity; 19 (G) a representative of an Alaska Native corporation; 20 (H) a person engaged in the tourism industry; 21 (I) a person who owns a seaplane, is employed as a seaplane 22 pilot, or is otherwise knowledgeable about seaplanes; 23 (J) a representative of an organization formed to combat the 24 spread of invasive species in the state; 25 (K) a person involved in the forest products industry; 26 (L) a person engaged in commercial excavation work, 27 construction, mining, or the oil and gas industry; 28 (M) a person who has worked for or participated in a state 29 program to prevent the spread of invasive plants; 30 (N) a member or representative of the Alaska Municipal 31 League;
01 (O) a person engaged in management, research, or education 02 activities relating to invasive species; 03 (P) a person engaged in the shipping industry; 04 (Q) a representative of a utility knowledgeable about utility 05 corridors; 06 (2) a representative from each of the following federal agencies, 07 serving ex officio, if the agency elects to participate: 08 (A) the Department of the Interior; 09 (B) the Department of Commerce; 10 (C) the Department of Agriculture; 11 (D) the Department of Homeland Security; 12 (E) the Department of Defense; 13 (3) two members of the house of representatives appointed by the 14 speaker of the house of representatives, including one member of the minority 15 organizational caucus; 16 (4) two members of the senate appointed by the president of the senate, 17 including one member of the minority organizational caucus; 18 (5) the commissioner of each of the following departments or the 19 commissioner's designee, serving ex officio: 20 (A) the Department of Fish and Game; 21 (B) the Department of Natural Resources; 22 (C) the Department of Environmental Conservation; 23 (D) the Department of Transportation and Public Facilities; and 24 (6) the chairperson of the board of directors of the Alaska Railroad 25 Corporation or the chairperson's designee. 26 (c) The council may, as the council finds necessary, invite additional persons 27 to be nonvoting advisory members of the council. The council may prescribe 28 procedures for the participation of persons added to the council under this subsection. 29 (d) The council shall adopt bylaws to govern its operation. The bylaws must 30 provide procedures for 31 (1) decision making; and
01 (2) establishing subcommittees and advisory committees. 02 (e) The governor shall appoint the chair of the council from among the 03 members appointed under (b)(5) of this section. The council shall meet at least once 04 each year, at the call of the chair. A majority of the council constitutes a quorum. 05 Meetings and council votes may be held by audio or video teleconference. 06 (f) Members of the council serve without compensation and are not entitled to 07 per diem and travel expenses. However, a member appointed under (b)(5) of this 08 section is entitled to per diem and travel expenses as a state employee. 09 (g) By January 15 of each odd-numbered year, the council shall prepare and 10 present to the legislature an updated five-year strategic plan that addresses the 11 economic effects of invasive species, states the council's suggested priorities for 12 addressing invasive species, and recommends legislation and funding required to 13 implement the council's priorities. The council shall transmit the plan to the senate 14 secretary and the chief clerk of the house of representatives and notify the legislature 15 that the strategic plan is available. 16 (h) Council members appointed under (b)(1) of this section serve staggered 17 three-year terms and until a successor is appointed. A vacancy on the council shall be 18 filled in the same manner as the original appointment. If a vacancy occurs, the 19 governor shall appoint a member for the unexpired portion of the term within 60 days 20 after the occurrence of the vacancy. 21 Sec. 16.20.820. Invasive species response fund. The invasive species 22 response fund is established as an account in the general fund. The fund consists of 23 appropriations made to the fund. Money appropriated to the fund does not lapse. The 24 department may use money appropriated to the fund to manage invasive species, 25 without further appropriation. 26 Sec. 16.20.850. Definitions. In AS 16.20.800 - 16.20.850, 27 (1) "commissioner" means the commissioner of fish and game; 28 (2) "council" means the Alaska Invasive Species Council; 29 (3) "department" means the Department of Fish and Game; 30 (4) "invasive species" means a non-native species the introduction of 31 which causes or is likely to cause economic harm, environmental harm, or harm to
01 human health; 02 (5) "manage invasive species" means to take actions to prevent or 03 minimize harmful impacts of invasive species on the economy, the environment, 04 public health, infrastructure, and cultural heritage; 05 (6) "non-native species" includes any biological material capable of 06 propagating a species that is not native to the state or an ecosystem in the state. 07 * Sec. 3. AS 37.05.146(c) is amended by adding a new paragraph to read: 08 (80) fees collected for invasive species management decals by the 09 Department of Fish and Game under AS 16.20.800. 10 * Sec. 4. AS 16.20.800, 16.20.810, 16.20.820, 16.20.850, and AS 37.05.146(c)(80) are 11 repealed July 1, 2029. 12 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPOINTMENT OF MEMBERS AND CHAIR AND TIMING AND NUMBER OF 15 MEETINGS REQUIRED IN INITIAL YEAR. (a) Notwithstanding AS 16.20.810(h), added 16 by sec. 2 of this Act, the governor shall appoint the initial members of the Alaska Invasive 17 Species Council required under AS 16.20.810(b)(1) within 60 days after the effective date of 18 this Act. The governor shall appoint the members to staggered terms as follows: 19 (1) six members shall be appointed to serve three years; 20 (2) six members shall be appointed to serve two years; and 21 (3) five members shall be appointed to serve one year. 22 (b) Notwithstanding AS 16.20.810(e), added by sec. 2 of this Act, the Alaska Invasive 23 Species Council shall 24 (1) hold its first meeting within 90 days after the appointment of members 25 under (a) of this section; and 26 (2) meet at least four times in the 12 months following the appointment of 27 members under (a) of this section. 28 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).