74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3516
House Bill 3068
Sponsored by Representative P SMITH; Representatives CLEM, ROBLAN
(at the request of Oregon Vector Control Association)
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.
Expands powers and duties of vector control district board.
Allows vector control district board to compensate trustee for
education and training. Requires district that renames itself to
include certain descriptive language in name. Allows district to
make unlicensed not-for-profit application of pesticides to
governmental or homeowner association lands.
Expands powers and duties of county court regarding vector
control.
Allows Department of Human Services to provide matching funds
for vector control district disease surveillance program.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to vector control; amending ORS 452.010, 452.080,
452.110, 452.130, 452.140, 452.210, 452.240, 452.245, 452.300
and 634.116; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 452.010 is amended to read:
452.010. As used in { + this section and + } ORS 452.020 to
452.300, unless the context requires otherwise:
{ - (1) 'Board' means the board of trustees of a vector
control district. - }
{ - (2) - } { + (1) + } 'County court' includes board of
county commissioners.
{ - (3) - } { + (2) + } 'District' means a vector control
district established for the { + prevention, + } control { + or
eradication + } of public health vectors and predatory animals.
{ - (4) - } { + (3) + } 'Health officer' means the health
officer appointed under ORS 431.418.
{ + (4) 'Integrated pest management methods' means the
processes described in ORS 634.650 (1).
(5) 'Pesticide use plan' means an annual plan created by a
vector control district or a county court that describes
anticipated pesticide use. + }
{ - (5) - } { + (6) + } 'Predatory animals' has the meaning
given that term in ORS 610.002.
{ - (6) - } { + (7) + } 'Public health vectors' means
arthropods and vertebrates of public health significance and
those insects included within the family Chironomidae of the
order Diptera. The term does not include any domesticated animal.
{ + (8) 'Vector habitat' means any area where public health
vectors are found. + }
SECTION 2. ORS 452.080 is amended to read:
452.080. (1) After an order is entered forming a district, the
county court of the county in which the district is situated
shall forthwith appoint a governing board of five trustees each
of whom shall be a resident and elector of the district.
(2) The trustees shall hold office for four years and until
their successors are appointed and qualified, except that for
each new board of five trustees one member shall be appointed for
a term of one year, one for a term of two years, one for a term
of three years and two for a term of four years.
(3) Each trustee shall take an oath to faithfully perform the
duties of office. The oath shall be filed with the county clerk.
(4) The board of trustees shall elect a president, a secretary
and a treasurer at the first meeting of each calendar year.
Officers shall serve for one calendar year.
(5) All health officers with offices in the district shall be
ex officio members of the board without vote { - . - } { + and
shall be offered the opportunity to assist in the creation of
district plans.
(6) The board of trustees may compensate a trustee in an amount
not exceeding $100 per year for attendance at conferences that
provide training and education to carry out trustee duties under
ORS 452.110.
(7) The board of trustees may adopt a resolution to change the
name of the district. The board shall file a copy of a resolution
changing the name of the district with the Secretary of State and
the county clerk within 10 days after adopting the resolution.
Following a name change, the district name must contain the
words:
(a) Vector control district;
(b) Mosquito and vector control district;
(c) Mosquito control district; or
(d) Vector and predatory animal control district. + }
SECTION 3. ORS 452.110 is amended to read:
452.110. The board of trustees of a control district may:
(1) Take all necessary and proper steps and measures for the
{ + prevention, control or + } eradication of public health
vectors { + and vector habitats + }within the district and for
the control of predatory animals within the district { + , using
integrated pest management methods + }. Prior to taking such
measures the board shall consider technical information available
to it for the purpose of determining the need for control
measures and the need for specific actions.
{ - (2) Take all necessary and proper steps and measures for
the eradication of rats within the district when the board
determines that rats exist in such numbers as to be detrimental
to human health and well-being. Prior to taking such measures the
board shall consider technical information available to it for
the purpose of determining the need for control measures and the
need for specific actions. - }
{ - (3) - } { + (2) + } Enter upon any land, public or
private, within the district at any reasonable time to inspect
for or to { + prevent, + } control { - rats - } or
{ + eradicate + } public health vectors and { - their breeding
places - } { + vector habitats using integrated pest management
methods + }.
{ - (4) - } { + (3) + } Purchase all needed equipment,
supplies and materials.
{ - (5) - } { + (4) + } Employ such labor and service as
may be proper or necessary in the furtherance of the objects of
ORS 452.020 to 452.170.
{ - (6) - } { + (5) + } Employ labor and services and fix
the compensation and prescribe the duties of all employees,
agents and servants.
{ - (7) - } { + (6) + } Acquire by gift or purchase, hold,
manage and dispose of real and personal property in the name of
the district in the furtherance of the purposes for which the
district is established.
{ - (8) - } { + (7) + } Work cooperatively with irrigation
and drainage districts, municipal corporations or other public
agencies, and use { - funds - } { + the technical
expertise + } of the district to assist those agencies in the
construction, improvement, repair and maintenance of ditches when
such work is necessary for, or incident to, the
prevention { + , + } { - and - } control { + and
eradication + } of
{ - rats, - } predatory animals or public health vectors.
{ - (9) - } { + (8) + } Enter into a contract with a city,
county, district described in ORS 198.010 or person to perform,
or to act jointly or in cooperation with the city, county,
district or person in performing, any abatement practice or other
activity that the vector control district is authorized to
perform for the eradication, control and prevention of public
health vectors { + and vector habitats + } or predatory animals.
{ - (10) - } { + (9) + } Generally do all things necessary
or incident to the powers granted and to carry out the
{ - objects - } { + objectives + } specified in this section.
SECTION 4. ORS 452.130 is amended to read:
452.130. All work performed under ORS 452.110 shall be paid for
by the control district, except when a contract authorized under
ORS 452.110 { - (9) - } { + (8) + } provides otherwise.
SECTION 5. ORS 452.140 is amended to read:
452.140. The board of trustees of a district:
(1) { - Shall - } { + May + } not apply { - insecticides
or oil or other chemicals - } { + pesticides + } to waters in
the district { - which - } { + that + } are frequented by
waterfowl or { - which - } { + that + } contain any game fish
without { - first - } obtaining { - the - } { + annual + }
approval of the State Fish and Wildlife Commission.
(2) { - Shall - } { + May + } not { - spread poisons for
rats or - } { + apply pesticides for + } public health vectors
without first obtaining approval of the State Fish and Wildlife
Commission.
SECTION 6. ORS 452.210 is amended to read:
452.210. Any county court may contract with any incorporated
city, any vector control district, or with the county court of
any other county on any matter incident to the eradication,
prevention and control of public health vectors { + and vector
habitats using integrated pest management methods + } and for the
supervision of such work by county employees.
SECTION 7. ORS 452.240 is amended to read:
452.240. Any county court may:
(1) Take all necessary or proper steps and measures for the
{ + prevention, + } control or { - extermination - } { +
eradication + } of public health vectors { + using integrated
pest management methods + }.
(2) Abate as nuisances all { - places where public health
vectors within the county may breed - } { + vector
habitats + }.
(3) Purchase such supplies and materials and employ or contract
for such labor as may be necessary or proper in furtherance of
{ + prevention, + } control or { - extermination - } { +
eradication + }.
(4) Fix the compensation and prescribe the duties of all
employees, agents and servants.
(5) Enter upon all places within the county and adjacent
thereto for the purpose of carrying out this section.
(6) Cut or remove such shrubbery or undergrowth as is necessary
or proper in order to carry out this section.
(7) Treat { - with proper chemicals - } { + , using
integrated pest management methods + } places where public health
vectors are found or are likely to exist.
(8) Generally do any and all things necessary or incident to
the powers granted in ORS 452.230 to 452.250 and to carry out the
{ - objects - } { + objectives + } specified in this section.
SECTION 8. ORS 452.300 is amended to read:
452.300. { + (1) + } The Department of Human Services shall
maintain a program of public health vector control, which program
shall include, but not be limited to:
{ - (1) - } { + (a) + } Monitoring and investigating public
health vectors { + , vector habitats + } and vector-borne
diseases.
{ - (2) - } { + (b) + } Providing technical assistance and
information to vector control districts, local vector control
programs and the public.
{ - (3) - } { + (c) + } Maintaining training programs for
vector control district personnel and other public health
personnel.
{ - (4) - } { + (d) + } Coordinating and assisting vector
control district programs and other local programs in research
projects.
{ - (5) - } { + (e) + } Reviewing vector control program
pesticide use plans submitted by agencies { - which - } { +
that + } intend to use { - chemicals - } { + pesticides + }
for vector control. Agencies must obtain { - the approval of
the Department of Human Services - } { + department approval of
their annual pesticide use plan + } prior to pesticide
applications.
{ + (2) The department may provide an amount not to exceed
$5,000 per year in matching funds to a district for a program to
allow the district to carry out disease surveillance in
cooperation with public health personnel. + }
SECTION 9. ORS 634.116 is amended to read:
634.116. (1) A pesticide operator's license, or supplements
thereto, shall authorize the licensee to engage in one or more of
the classes of pest control or pesticide application business
prescribed by the State Department of Agriculture under ORS
634.306 (2). The department may not issue a pesticide operator
license to the United States, the State of Oregon or federal,
state or local agencies, instrumentalities, political
subdivisions, counties, cities, towns, municipal corporations,
irrigation, drainage or other districts or other federal, state
or local governmental bodies.
(2) During a license period, and after a person has been issued
a license to engage in certain classes of pest control or
pesticide application business during a license period, the
department upon receiving an additional application and
applicable fees, may authorize the licensee to engage in
additional classes of pest control or pesticide application
business for the remainder of the license period as prescribed in
ORS 634.306 (2).
(3)(a) The department shall establish a pesticide operator
license fee not to exceed $90 for the first class of pest control
or pesticide application business as prescribed in ORS 634.306
(2) and not to exceed $15 for each additional class.
(b) After a person makes first application for a specific
license period, if later during the same license period the
person desires to engage in additional classes of pest control or
pesticide application businesses, such person shall pay the fee
for each additional class established by the department not to
exceed $20.
(4) At least one owner or part owner of the pest control or
pesticide application business shall also obtain and maintain a
pesticide applicator's license if the pesticide operator is a
sole proprietorship or a partnership. At least one officer or
employee shall obtain and maintain a pesticide applicator's
license if the pesticide operator is a corporation. If a
pesticide operator is found to be in violation of this
subsection, the pesticide operator's license, notwithstanding ORS
chapter 183, is automatically suspended until the pesticide
operator is in compliance. If the business is owned by one
individual, the department shall make no charge for the pesticide
applicator license issued to the individual under ORS 634.122.
(5) The department shall not issue or renew a pesticide
operator's license until the applicant or licensee has furnished
evidence to the department, in the form of a public liability
policy issued by an insurance company qualified to do business in
Oregon, protecting the applicant or licensee against liability
for injury or death to persons and loss of or damage to property
resulting from the application of pesticides, or in lieu of a
policy, has furnished a deposit of cash, surety bond or other
evidence of financial responsibility acceptable to the department
that may be applied by the department to the payment of damages
resulting from operator liability. However:
(a) Except as required under paragraph (b) of this subsection,
the financial responsibility required by this section shall not
apply to damages or injury to crops, real or personal property
being worked upon by the applicant.
(b) If the applicant or licensee is to be engaged in the
business of controlling or eradicating structural pests, or pests
within a public or private place, or pests within private or
public places where food is served, prepared or processed or
where persons are regularly housed, the financial responsibility
required by this section shall apply to damages or injury to real
or personal property being worked upon, as well as all the other
real and personal property set forth in this section.
(6) The financial responsibility required by subsection (5) of
this section must be not less than $25,000 for bodily injury to
one or more persons and not less than $25,000 for property
damage.
(7) Notwithstanding the provisions of ORS chapter 183, if the
licensed pesticide operator fails to maintain the financial
responsibility required by subsections (5) and (6) of this
section, the license is automatically suspended until the
department again verifies the pesticide operator is in compliance
with subsections (5) and (6) of this section. The liability
insurance company shall notify the department in writing at least
30 days prior to any cancellation of an insurance policy required
by this section.
(8) Notwithstanding the provisions of ORS 105.810 and 105.815
or other laws to the contrary, the amount of damages for which a
pesticide operator or pesticide applicator is liable as a result
of use of pesticides, or financial responsibility for the same is
limited to actual damages only.
(9) The department shall return the deposit required by
subsection (5) of this section to the pesticide operator if the
pesticide operator at any time establishes exemption from the
financial responsibility requirements under this chapter. After
the expiration of two years from the date of an injury, death,
loss or damage, the department shall return any deposit remaining
to the pesticide operator or to the personal representative of
the pesticide operator except that the department shall not make
a return if the department has received notice that an action for
damages arising out of the provisions of this section has been
filed against the pesticide operator for whom the deposit was
made, and the department has determined that the action is
pending or that any judgment resulting from the action remains
unpaid.
(10) If the pesticide operator is to spray by aircraft, then
the department, in addition to other provisions of this section
relating to financial responsibility, may by rule allow aircraft
pesticide operators to reduce, suspend or terminate the liability
insurance, applicable to spraying by aircraft, and required by
subsections (5) and (6) of this section during certain periods of
the year.
(11) The department may by rule allow liability insurance
policies required by subsections (5) and (6) of this section to
include deductible clauses of amounts to be determined by the
department.
(12)(a) The United States, the State of Oregon or federal,
state or local agencies, instrumentalities, political
subdivisions, counties, cities, towns, municipal corporations,
irrigation, drainage or other districts or other federal, state
or local governmental bodies are not required to obtain a license
as a pesticide operator or to furnish evidence of financial
responsibility to the department when:
(A) Applying pesticides to property under their ownership,
possession, control or jurisdiction;
(B) Applying pesticides pursuant to an order issued by the
department for purposes of controlling or eradicating noxious
weeds or pests; or
(C) Applying pesticides to property under the ownership,
possession, control or jurisdiction of another federal, state or
local agency, instrumentality, political subdivision, county,
city, town, municipal corporation, irrigation, drainage or other
district or other federal, state or local governmental body or of
a homeowners association as defined under ORS 94.550 if:
(i) The land is in a jurisdiction adjacent to property under
their ownership, possession, control or jurisdiction;
(ii) The application is done in conjunction with, or as an
extension of, an application of pesticides to property under
their ownership, possession, control or jurisdiction; and
(iii) The pesticide application is done on a cost recovery,
cooperative trade of services or no cost basis, and not as a
source for profit.
(b) A public utility or telecommunications utility is not
required to obtain a license as a pesticide operator or to
furnish evidence of financial responsibility to the department
when applying pesticides to property under the ownership,
possession or control of the utility.
{ + (c) In addition to any application allowed under
paragraph (a) of this subsection, a vector control district is
not required to obtain a license as a pesticide operator or to
furnish evidence of financial responsibility to the department
when applying pesticides for the prevention, control or
eradication of a public health vector as defined in ORS 452.010
to property under the ownership, possession, control or
jurisdiction of another federal, state or local agency,
instrumentality, political subdivision, county, city, town,
municipal corporation, irrigation, drainage or other district or
other federal, state or local governmental body or of a
homeowners association as defined under ORS 94.550 if the
pesticide application is done on a cost recovery, cooperative
trade of services or no cost basis, and not as a source of
profit. + }
(13) Subject to subsection (15) of this section, the employees
of the agencies, instrumentalities, subdivisions, counties,
cities, towns, municipal corporations, districts, governmental
bodies or utilities described in subsection (12) of this section
who perform or carry out the work, duties or responsibilities of
a pesticide applicator are subject to the provisions of this
chapter, except they shall be issued 'public applicator' licenses
or, if they carry out the work, duties or responsibilities of a
pesticide trainee, shall be issued 'public trainee' certificates,
if they otherwise comply or qualify with the provisions of this
chapter relating thereto.
(14) The public applicator license or public trainee
certificate shall be:
(a) Issued by the department upon payment of the fee for the
pesticide applicator license or pesticide trainee certificate.
(b) Valid and used by the licensee or certificate holder only
when applying pesticides as described in subsection (12) of this
section.
(c) Renewed, suspended or revoked each year in the same manner,
under the same provisions and at the same time as other pesticide
applicator licenses and trainee certificates are renewed,
suspended or revoked.
(15) The provisions of subsection (13) of this section apply
only to:
(a) The application of restricted-use pesticides; or
(b) The application of any pesticide by using a machine-powered
device.
(16) Prior to applying pesticides to land described in
subsection (12)(a)(C) of this section, a public applicator shall
inform the person requesting pesticide application of the
possible availability of alternative sources of assistance,
including sources in the private sector that are registered with
the department or with industry trade or professional
organizations.
(17) A federal, state or local agency, instrumentality,
political subdivision, county, city, town, municipal corporation,
irrigation, drainage or other district or other federal, state or
local governmental body may not solicit or advertise for
pesticide application business in areas outside its jurisdiction.
SECTION 10. ORS 452.245 is amended to read:
452.245. In exercising its powers under ORS 452.210 to 452.250,
a county court:
(1) { - Shall - } { + May + } not order the application of
{ - insecticides, oil or other chemicals - }
{ + pesticides + } to waters in the county { - which - }
{ + that + } are frequented by waterfowl or { - which - }
{ + that + } contain any game fish without { - first - }
obtaining { - the - } { + annual + } approval of the State
Fish and Wildlife Commission.
(2) { - Shall - } { + May + } not order the { - spreading
of poisons - } { + application of pesticides + } for public
health vectors without first obtaining the approval of the State
Fish and Wildlife Commission.
SECTION 11. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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