HB 191: "An Act establishing the Alaska Invasive Species Council in the Department of Fish and Game; relating to management of invasive species; and providing for an effective date."
00 HOUSE BILL NO. 191 01 "An Act establishing the Alaska Invasive Species Council in the Department of Fish and 02 Game; relating to management of invasive species; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.20 is amended by adding new sections to read: 05 Article 6. Management of Invasive Species. 06 Sec. 16.20.800. Alaska Invasive Species Council. (a) The Alaska Invasive 07 Species Council is an advisory council established in the department to facilitate 08 efforts by the department, the Department of Natural Resources, the Department of 09 Environmental Conservation, the Department of Transportation and Public Facilities, 10 and other natural-resource-related governmental entities operating in the state to 11 manage invasive species in the state by 12 (1) facilitating cooperation between state, federal, tribal, and local 13 agencies and nongovernmental organizations; 14 (2) assisting in coordination of activities to manage invasive species,
01 including those undertaken by local governments and nongovernmental organizations; 02 (3) recommending coordinated interagency strategies and policies 03 related to management of invasive species, including 04 (A) importation, possession, and use of invasive species; 05 (B) classification and listing of non-native species; and 06 (C) management of pathways associated with transfer of 07 invasive species; 08 (4) upon request of a state agency, providing guidance on prioritizing 09 the state agency's responses to occurrences of invasive species and how funds made 10 available under AS 16.20.820 may be best used; 11 (5) recommending expenditures from the invasive species response 12 fund; 13 (6) providing technical information and assistance to persons engaged 14 in regional and national invasive species management efforts. 15 (b) Except as provided in (c) of this section, the council consists of 16 (1) the following members appointed by the governor to three-year 17 terms: 18 (A) a representative of the University of Alaska who is 19 involved in research relating to, or management of, invasive species; 20 (B) a representative of an Alaska tribal entity who is involved 21 in management of invasive species; 22 (C) a representative of a statewide organization focused on 23 prevention, detection, and management of invasive species; 24 (D) a representative of an organization involved with 25 prevention, detection, and management of marine invasive species in the state; 26 (E) a representative involved in invasive species management 27 through a soil and water conservation district established under AS 41.10.130, 28 a conservation district established by an Alaska Native organization, or an 29 organization concerned with the health of watersheds in the state; 30 (2) one member of the house of representatives appointed by the 31 speaker of the house of representatives;
01 (3) one member of the senate appointed by the president of the senate; 02 (4) the commissioner of each of the following departments or the 03 commissioner's designee: 04 (A) the Department of Fish and Game; 05 (B) the Department of Natural Resources; 06 (C) the Department of Environmental Conservation; 07 (D) the Department of Transportation and Public Facilities. 08 (c) The council may, as the council finds necessary, invite additional persons 09 to be nonvoting advisory members of the council. The council may invite 10 representatives or members of federal entities, local government organizations, tribal 11 governments, institutions of higher learning in the state, and other organizations with 12 expertise relating to invasive species to join the council under this subsection. The 13 council may prescribe procedures for the participation of persons added to the council 14 under this subsection. 15 (d) The council shall adopt bylaws to govern its operation. The bylaws must 16 provide procedures for 17 (1) decision making; and 18 (2) establishing subcommittees and advisory committees. 19 (e) The council shall elect a chair and vice chair from among the members 20 appointed under (b)(1) of this section. The council shall meet at least quarterly at the 21 call of the chair. A majority of the council constitutes a quorum. Meetings and council 22 votes may be held by audio or video teleconference. 23 (f) Members of the council serve without compensation and are not entitled to 24 per diem and travel expenses. However, a member appointed under (b)(4) of this 25 section is entitled to per diem and travel expenses as a state employee. 26 (g) By January 15 of each odd-numbered year, the council shall prepare and 27 present to the legislature an updated five-year strategic plan that addresses the effects 28 of invasive species on the state's natural resources and economy, states the council's 29 suggested priorities for addressing invasive species, and recommends legislation and 30 funding required to implement the council's priorities. The council shall transmit the 31 strategic plan to the senate secretary and the chief clerk of the house of representatives
01 and notify the legislature that the plan is available. 02 (h) By January 15 of each year, the council shall prepare and present an 03 annual report on invasive species active in the state, the effects of the activity, and any 04 measures taken to manage invasive species. The report must include other issues and 05 concerns related to invasive species that the council determines are of value to 06 policymakers. The council shall submit the report to the governor, the department, the 07 Department of Natural Resources, the Department of Environmental Conservation, the 08 Department of Transportation and Public Facilities, and the senate secretary and chief 09 clerk of the house of representatives, and notify the legislature that the report is 10 available. 11 (i) Council members appointed under (b)(1) of this section serve staggered 12 three-year terms and until a successor is appointed. A vacancy on the council shall be 13 filled in the same manner as the original appointment. If a vacancy occurs, the 14 governor shall appoint a member for the unexpired portion of the term within 60 days 15 after the occurrence of the vacancy. 16 Sec. 16.20.810. Invasive species response fund. The invasive species 17 response fund is established as an account in the general fund. The fund consists of 18 appropriations made to the fund. Money appropriated to the fund does not lapse. The 19 department may use money appropriated to the fund to manage invasive species, 20 without further appropriation. 21 Sec. 16.20.850. Definitions. In AS 16.20.800 - 16.20.850, 22 (1) "council" means the Alaska Invasive Species Council; 23 (2) "department" means the Department of Fish and Game; 24 (3) "invasive species" means a non-native species the introduction of 25 which causes or is likely to cause economic harm, environmental harm, or harm to 26 human health; 27 (4) "manage invasive species" means to take actions to prevent or 28 minimize harmful effects of invasive species on the economy, the environment, public 29 health, infrastructure, and cultural heritage; 30 (5) "non-native species" includes any biological material capable of 31 propagating a species that is not native to the state or an ecosystem in the state.
01 * Sec. 2. AS 16.20.800, 16.20.810, and 16.20.850 are repealed July 1, 2035. 02 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPOINTMENT OF MEMBERS AND CHAIR AND TIMING AND NUMBER OF 05 MEETINGS REQUIRED IN INITIAL YEAR. (a) Notwithstanding AS 16.20.810(i), added 06 by sec. 1 of this Act, the governor shall appoint the initial members of the Alaska Invasive 07 Species Council required under AS 16.20.800(b)(1) within 60 days after the effective date of 08 this Act. The governor shall appoint the members to staggered terms as follows: 09 (1) two members shall be appointed to three-year terms; 10 (2) two members shall be appointed to two-year terms; and 11 (3) one member shall be appointed to a one-year term. 12 (b) Notwithstanding AS 16.20.800(e), added by sec. 1 of this Act, the Alaska Invasive 13 Species Council shall 14 (1) hold its first meeting within 90 days after the appointment of members 15 under (a) of this section; and 16 (2) meet at least four times in the 12 months following the appointment of 17 members under (a) of this section. 18 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).