Article I
Name and Organization
The name of this association is The
Interstate Pest Control Compact. The Interstate Pest Control Compact is
designated an unincorporated nonprofit association.
Article II
Intent and Purpose
It is the intent of The Interstate Pest
Control Compact to remedy funding restraints, bridge the jurisdictional
gaps that exist among federal and state governments and more adequately
address the realities of dynamic plant pest infestations or outbreaks.
Through contractual agreements, the Compact allows individual States,
Commonwealths, or Territories to contribute to plant pest control,
suppression, or eradication beyond their state boundaries. Contributors
wishing to make donations to the Interstate Pest Control Compact to
assist the organization in its intent are welcomed and encouraged to do
so. The Interstate Pest Control Compact is organized exclusively for the
charitable purpose of providing financial assistance to States who may
not have the necessary resources to combat plant pest infestations that
threaten the agricultural and natural resources of other states impacted
by that infestation.
The Interstate Pest Control Compact
consists of five or more member States, Commonwealths, or Territories
joined by mutual consent and enabling State, Commonwealth, or Territory
legislation for the common, nonprofit charitable purpose of protecting
agriculture and the natural resources throughout the United States from
the damage caused by invasive plant pests.
The Interstate Pest Control Compact may
engage in any and all other charitable activities permitted to an
organization exempt from federal income tax under Section 501(c)(3) of
the Code or corresponding future provisions of the federal tax law. To
these ends, The Interstate Pest Control Compact may conduct and engage
in any and all lawful activities that may be incidental or reasonably
necessary to any of these purposes, and it shall have and may exercise
all other powers and authority now or hereafter conferred upon
unincorporated nonprofit corporations.
Notwithstanding any other provision of
these articles, The Interstate Pest Control Compact shall not carry on
any other activities not permitted to be carried on (a) by a
corporation/organization exempt from Federal income tax under section
501(c)(3) of the Internal Revenue Code, or the corresponding section of
any future federal tax code, or (b) by a corporation/organization,
contributions to which are deductible under section 170(c)(2) of the
Internal Revenue Code, or the corresponding section of any future
federal tax code. These Articles of Association are supplementary to the
Compact and the Organization’s bylaws pursuant to which the Pest Control
Insurance Fund and its Governing Board function.
Article III
Office and Duration
1. The office of Executive Director
shall be located at the address at which the Executive Director has
official residence; or at such place as The Interstate Pest Control
Compact may from time to time determine, or as the business of The
Interstate Pest Control Compact may require.
2. The duration of The Interstate Pest
Control Compact shall be perpetual.
3. The withdrawal of any member of The
Interstate Pest Control Compact shall not result in the dissolution of
The Interstate Pest Control Compact.
Article IV
Structure and Membership
The Interstate Pest Control Compact
consists of States, Commonwealths, or Territories of the United States
dedicated to the protection of agriculture and natural resources,
through administration of a pest control insurance fund dedicated to the
purpose of financing other than normal plant pest control operations
which states may be called upon to engage in pursuant to the Compact. A
State, Commonwealth, or Territory may become a member of the Interstate
Pest Control Compact and of the Compact’s Pest Control Insurance Fund by
adopting state legislation similar to the Pest Control Compact Model
Enabling Act, and appropriating and paying to the Compact’s Insurance
Fund the required State assessment amount as determined by the Pest
Control Compact Model Enabling Act. This assessment is a one-time charge
unless the fund balance is reduced, through use, to a level where it can
no longer function according to the provisions of the Compact. Also, the
assessed payment can be spread over as many as six years.
The Interstate Pest Control Compact
does not discriminate on the basis of race, color, sex, age, religious
affiliation, handicap, national origin, or other personal or political
factor.
Article V
Association Leadership
Each member State, Commonwealth, or
Territory will be represented on the Governing Board of The Interstate
Pest Control Compact by it’s State Compact Administrator. The Interstate
Pest Control Compact shall be governed by at least four (4) officers and
a five-member Executive Committee to be determined by the Governing
Board. The Governing Board shall elect annually, from among its members,
a chairman, a vice chairman, a secretary, and a treasurer. The Executive
Committee shall be composed of the chairman of the Governing Board and
four additional members of the Governing Board chosen by it so that
there shall be one member representing each of four geographic groupings
of party states. The Governing Board shall make such geographic
groupings. The Governing Board may appoint an executive director and fix
his duties and his compensation, if any. Such executive director shall
serve at the pleasure of the Governing Board. The Executive Director
will be designated as The Interstate Pest Control Compact’s agent in
this state/commonwealth, as needed, following state law requirements.
A quorum shall require the actual
presence of a majority of the members of the Governing Board. No voting
by proxy, through the mail, or otherwise by persons not present shall be
allowed.
No part of the net earnings of The
Interstate Pest Control Compact shall inure to the benefit of, or be
distributed to its Governing Board, officers, or private persons except
that the Interstate Pest Control Compact shall be authorized and
empowered to pay reasonable compensation for services rendered and to
make payments and distributions in furtherance of section 501(c) (3)
purposes. No substantial part of the activities of The Interstate Pest
Control Compact shall be the carrying on of propaganda, or otherwise
attempting to influence legislation, and The Interstate Pest Control
Compact shall not participate in, or intervene in (including the
publishing or distribution of statements) any political campaign on
behalf of or in opposition to any candidate for public office.
Article VI
Accounting and Records
The fiscal year of The Interstate Pest
Control Compact shall be July 1 through June 30 of each year.
All meeting minutes, annual reports,
correspondence, and other records of The Interstate Pest Control Compact
shall be preserved by the Officers. Records that have ceased to be of
use for the conduct of the affairs of The Interstate Pest Control
Compact may be turned over for preservation to a depository designated
by it, or discarded.
Article VII
Dissolution
In the event of the dissolution of The
Interstate Pest Control Compact, assets shall be distributed for one or
more exempt purposes within the meaning os section 501(c)(30 of the
Internal Revenue Code, or the corresponding section of any future
federal tax code, or shall be distributed to the federal government, or
to a state or local government, for a public purpose.
Adopted September 17, 2006
