Home MEMBERSHIP LEGISLATION INSURANCE FUND REPORTS/MINUTES CONTACT US LINKS

Google
Search WWW Search pestcompact.org

INSURANCE FUND

bullet

Bylaws

bullet

Governing Board

bullet

Executive Committee

bullet

Technical Committee

bullet

Officers

bullet

Projects History

bullet Articles of Association
bullet Conflict of Interest Policy
bullet

Financial Assistance Application Package

 

Bylaws

PEST CONTROL INSURANCE FUND

 

Adopted January 23, 1968
Last revised September 17, 2011

1.   DEFINITIONS

The terms defined or referred to in the Compact shall have the same meanings when used in these bylaws as they have when used in the Compact.

2.   PURPOSE AND STATUS

It is the purpose of these bylaws to govern and facilitate the business of the Pest Control Insurance Fund.  These bylaws are supplementary to the Compact pursuant to which the Insurance Fund and its Governing Board function.  Whether or not specifically set forth in these bylaws, the provisions of the Compact, wherever relevant, govern all proceedings of the Insurance Fund and its Governing Board.

3.   OFFICERS AND PERSONNEL

  1. The Governing Board annually shall elect from among its members a Chairman, Vice Chairman, Secretary and a Treasurer.  These officers shall serve for terms of one year, and until their successors have been qualified; provided that no person shall continue as an officer if he ceases to be a Compact administrator.

  2. In the event of the death, resignation or inability to serve for any reason of the Chairman, Vice Chairman, Secretary or Treasurer, the vacancy in any such office shall be filled as follows:

    1. A vacancy in the office of Chairman shall be filled by the Vice Chairman who shall be Chairman until the next election of officers.

    2. A vacancy in the office of Vice Chairman, Secretary, or Treasurer shall be filled for the unexpired term by the Governing Board, no later than its next regular meeting following the occurrence of the vacancy.  If the Chairman finds that a vacancy in any of the aforementioned offices is interfering with the efficient management of the Insurance Fund, he may appoint a member of the Governing Board to serve in that office, or may assign the duties of that officer to the Executive Director, until an election to fill that vacancy is held pursuant to this paragraph.

  3. The Chairman shall preside at all meetings.  He shall appoint such committees as may be necessary, and shall act as an ex-officio member of each subcommittee, except that his presence or absence shall not be counted in determining any quorum requirement therefore.  Nothing in this paragraph shall be construed to prevent the Governing Board from providing by resolution for the establishing and functioning of any particular committee or committees which it believes to be appropriate and specifying a different method of selection therefore.

  4. The Vice Chairman shall perform the duties of the Chairman in the event that the Chairman is unable to perform them by reason of illness, absence or any other cause. The Executive Director shall be selected by the Chairman with the approval of the Executive Committee and shall serve at the pleasure of the Chairman and Executive Committee.  

  5. The Executive Director shall be in general administrative charge of the affairs of the Insurance Fund.  Subject to any directions given by the Insurance Fund and within its policies, he shall hire, promote, supervise, discharge and fix the duties of members of the Insurance Fund staff.  He shall prepare the annual report required by Article IV (i) of the Compact in time to be submitted and acted upon at the regular summer meeting of the Insurance Fund and transmitted to the Governors and legislators of the party states prior to the first day of January next following.  The Executive Director also shall prepare or cause to be prepared an annual financial report which shall be distributed to the members of the Governing Board on or before August 31.  Such Report shall contain a tentative budget and recommendations for requests for appropriations.  In addition, the Executive Director shall halve such other duties as a conferred upon him elsewhere in these bylaws and by action of the Governing Board.  During any time when the Insurance Fund does not have an Executive Director, the Chairman, may act as such on a temporary basis and may select an Acting Executive Director.  

  6. The personnel policies of the Insurance Fund shall be determined by the Governing Board and implemented by the Executive Director.  

4.   EXECUTIVE COMMITTEE

  1. The Executive Committee shall meet on the call of the Chairman of the Governing Board or of the Executive Director.  Its meetings shall be at such times as the business of the Insurance Fund may require, and at such places as may be appropriate.  Whenever practicable, notice shall be given to each member of the executive Committee by mail, at least fifteen days in advance of the meeting to which it applies.  If circumstances make a meeting of the Executive Committee on shorter notice necessary, notice may be given by any means of communication reasonably calculated to afford the members expeditious, actual notice.  

  2. If not inconsistent with policies established by the Governing Board, the Executive Committee may act for the Governing Board.  However, only the Governing Board shall give final approval to budgets of the Insurance Fund and to requests for appropriations to be made of the party states.  

  3. The Governing Board recognizes its responsibility to group party States, pursuant to Article V (e) of the Compact in order that there may be appropriate geographic distribution of membership on the Executive Committee. Geographic distribution shall be based on the geographical groupings of the four regional associations of the National Association of State Department of Agriculture (NASDA):

  1. Northeastern region shall consist of the following states: Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. 

  2. Southern region shall consist of the following states and territories: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Texas, Virginia, Virgin Islands, and West Virginia. 

  3. Midwestern region shall consist of the following states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. 

  4. Western region shall consist of the following states: Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. (Amended September 26, 2004)

5.   MEETINGS

  1. The Executive Committee shall set the place and date for the annual meeting of the Governing Board.  The election of officers for the ensuing year, as required by the Compact, shall be held at the time of the annual meeting.  (Adopted September 26, 1973).  

  2. Special meetings of the Governing Board may be called at any time and place by the Chairman, or if the Chairman is incapacitated, by the Vice-Chairman.  The Chairman or the Vice Chairman, as the case may be, shall be required to call a special meeting, upon reasonable notice, on the request in writing of one-fourth or more of the Governing Board membership:  provided that any time when there are fewer than twelve States party to the Compact, it shall nevertheless take at least three members of the Governing Board to require the calling of a special meeting.  

  3. In addition to the notice of the regular meetings of the Governing Board afforded by subparagraph (a) hereof, the Chairman or the Executive Director shall give special notice of each regular meeting by written communication to all members of the Governing Board.  Such notice shall be at least twenty days in advance of the meeting to which it refers.  Whenever practicable, notice of a special meeting shall be in accordance with that required for regular meetings, but if the Chairman or the Executive Director determines that greater urgency exists, he may give notice by any means of communication sufficient to afford actual notice to all persons entitled to receive it, at least five days in advance of the meeting.  Notice of a special meeting, in addition to setting forth the time and place thereof, shall detail the reason for its being called and shall enumerate the matter or matters intended for discussion and Governing Board action.

6.   QUORUM, VOTING AND MINUTES

  1. A quorum shall require that 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.  

  2. Upon demand of any member of the Governing Board, the vote on any matter before the Governing Board shall be taken in such manner as to show how each member voted, and a record thereof shall appear in the minutes of the meeting.  Minutes of all meetings shall be made by the Executive Director and drafts thereof shall be circulated to all Governing Board members not less than seventy days prior to the next regular meeting.  In the case of a special meeting, the draft minutes shall be circulated as soon as practicable after the meeting.

7.   FINANCIAL AFFAIRS

  1. All checks, drafts or other documents for the withdrawal of funds of the Insurance Fund shall be signed by the Executive Director or, in his absence and if specifically authorized in writing approved by the Governing Board, by an employee specifically designated by the Executive Director.  Any such check, draft or other document also shall be countersigned by the Chairman, or Vice Chairman:  provided that if the amount involved does not exceed five hundred dollars, countersignature shall not be necessary.  Endorsement of checks to be deposited to the credit of the Insurance Fund shall be by either the Executive Director, an employee designated as previously provided in this paragraph, the Chairman, or the Vice Chairman.  

  2. The officers of the Insurance Fund and the Executive Director shall each be bonded in a minimum amount of ten thousand dollars, or in such larger amounts as the Governing Board may determine.  Other Insurance Fund employees regularly handling or having access to the funds of the Insurance Fund (other than such amounts as may be kept in the office of the Insurance Fund as petty cash, not to exceed one hundred dollars) shall be bonded in such amounts as the Governing Board may determine. The Insurance Fund may secure either a blanket or individual bonds.  

  3. The fiscal year for the Insurance Fund shall commence on the first day of July and conclude on the thirtieth day of the following June.

  4. The membership fee to join the Compact shall be a one-time appropriation, unless the Insurance Fund is depleted through use.  The Governing Board shall attempt to ensure that the total assets of the Fund shall not be depleted below $750,000.  If emergency programs require depletion of the fund below $750,000, then assessments to member states will be prorated, as needed, to bring the total Fund balance to $1,000,000 according to the formula contained in Article IX (b) of the Pest Control Compact.  States may make installment payments of their reassessment to the Insurance Fund over a period of not to exceed six years.  (Amended September 26, 2004)

  5. The Insurance Fund receipts and disbursements shall be accounted for using generally accepted accounting principles and mid-year (January) and annual (July) reviews conducted of that accounting that culminate in reconciled mid-year and annual financial reports. Full audits will only be conducted at the request of the Governing Board. (Adopted September 17, 2011).

8.   SEAL

The seal of the Insurance Fund shall be affixed to or imprinted on official reports of the Insurance Fund, certifications of copies of papers or records, official copies of minutes of meetings, and any other instruments which by law are required to be under seal.

9.   ORDER OF BUSINESS

The order of business at regular meetings of the Governing Board shall be:

  1. Approval of the minutes of the last regular meeting and any special meetings held since the last regular meeting.

  2. Report of the Chairman.

  3. Report of the Treasurer.

  4. Election of Officers and Executive Committee (at Winter Meeting).

  5. Report of the Executive Director.

  6. Communications.

  7. Unfinished Business.

  8. New Business.

The Governing Board may order any matter placed on the agenda for any meeting as special business, or in his discretion, the Chairman may place upon the agenda any matter which he deems of sufficient or pressing importance.

10.   PARLIAMENTARY AUTHORITY

Except where inconsistent with the provisions of the Compact or these bylaws, “Roberts Rules of Order, Revised,” shall be the parliamentary authority at all meetings of the Governing Board.

11.   AMENDMENT

These bylaws or any part thereof may be amended, repealed or replaced by other bylaws at any regular meeting of the Governing Board:  provided that notice of the proposed amendment, repeal or replacement is given at the next preceding regular meeting.  Such notice shall include the full text of the motion or resolution by which the amendment, repeal or replacement is proposed to be made.  Such text shall include verbatim the proposed amendment or replacement, if any.  The notice shall be carried in full in the draft minutes of the meeting.  Nothing contained herein shall be construed to limit action amendatory of a proposed amendment at any regular meeting of the Governing Board, except that any amendment in the nature of a substitute shall not be in order.

12.   REQUIREMENTS FOR MEMBERSHIP IN THE COMPACT AND INSURANCE FUND

As per Articles IX and XI of the Pest Control Compact, there shall be two entry requirements for all States party to the Compact:

(a) Payment of funds to the Pest Control Insurance Fund according to the apportionment designated in Article IX of the Pest Control Compact. States may make installment payments of their initial assessment to the Insurance Fund over a period of not to exceed six years.

(b) Enactment of state legislation providing for the joinder of the State in the Pest Control Compact using the suggested state legislation of the Pest Control Compact: Model Enabling Act. Enabling legislation must be passed within six years of payment of funds designated in (a) above, or within six years from enactment of this bylaw. Failure to pass enabling legislation will rescind all voting rights for that State. (Adopted September 26, 2004)

*****

Officers

2011-2012

Chair

Katy Coba, Oregon

Vice Chair

Dave Frederickson, Minnesota

Secretary

Walt Whitcomb, Maine

Treasurer

Mike Strain, Louisiana

Enabling Compact language referring to officers

Officers History

Executive Committee

2011-2012

Chair Katy Coba, Oregon
Midwestern Region Keith Creagh, Michigan
Northeastern Region Chuck Ross, Vermont
Southern Region Gus Douglass, West Virginia
Western Region Jason Fearneyhough, Wyoming

Enabling Compact language referring to executive committee

Governing Board

(38 States and Puerto Rico)

Member

Administrator

Year Joined

Arizona

Don Butler

1994

Arkansas

Darryl Little

1999

California

Karen Ross

1969

Colorado

John Salazar

2001

Delaware

Ed Kee

1969

Florida

Adam Putnam

1995

Georgia

Gary Black

1984

Illinois

Bob Flider

1968

Indiana Joseph Kelsay 2005

Kansas

Dale Rodman

1996

Louisiana

Mike Strain

2009

Maine

Walter Whitcomb

1986

Maryland

Buddy Hance

1976

Michigan

Jamie Clover Adams

1968

Minnesota

Dave Frederickson

1969

Mississippi Cindy Hyde-Smith 2006
Nebraska Greg Ibach 2004

New Hampshire

Lorraine Merrill

1968

New Jersey

Doug Fisher

1970

New Mexico

Jeff Witte

1981

New York

Darrel Aubertine

2002

North Carolina

Steve Troxler

1975

North Dakota

Doug Goehring

1973

Ohio

David Daniels

1974

Oklahoma

Jim Reese

1999

Oregon

Katy Coba

1981

Pennsylvania

George Greig

1968

Puerto Rico

Neftali Santiago

1994

Rhode Island

Kenneth Ayars

1999

South Carolina

Hugh Weathers

1972

Tennessee

Julius Johnson

1969

Texas

Todd Staples

1994

Utah

Leonard Blackham

1985

Vermont

Chuck Ross

1978

Virginia

Matt Lohr

1974

Washington

Dan Newhouse

1999

West Virginia

Gus Douglass

1968

Wisconsin

Ben Brancel

2009

Wyoming

Jason Fearneyhough

1996


Enabling Compact language referring to governing board

Technical Advisory Committee 

Central Plant Board

Brian Kuhn, Wisconsin
Julie Van Meter, Nebraska

Eastern Plant Board

Dick Bean, Maryland
Kevin King, New York

Western Plant Board

John Caravetta, Arizona
Robert Hougaard, Utah


Southern Plant Board

Gene Cross, North Carolina
Kenneth Calcote, Mississippi
USDA APHIS PPQ

Mike Stefan
USDA Forest Service

Bob Rabaglia

Enabling Compact language referring to technical advisory committee

Financial Assistance Application Package

Complete Application Package
Application Only
Cooperative Agreement Template
Final Report Template

 

Projects History

Since the Compact was established in 1968, it has been used for the following purposes:

 
Print Version

Fiscal Year

Project

Claim Amount ($)

Recipient State

Requesting State

1969

Golden nematode eradication

6,000

Delaware

1970 Cereal leaf beetle

Denied

Minnesota

1972

Tourist vehicle check for gypsy moth

10,000

Pennsylvania

Minnesota

1972

Tourist vehicle check for gypsy moth

5,000

Delaware

Minnesota

1972

Tourist vehicle check for gypsy moth

5,000

Virginia

Minnesota

1974

Gypsy moth disparlure trial

1,500

North  Carolina

So. Carolina
Virginia

1977

Scleroderris canker survey

900

New Hampshire

New Hampshire

1979

White fringed beetle control

5,400[1]

Maryland

New Jersey

1980

Gypsy moth control

3,000

Illinois

Michigan

1980

Gypsy moth control

20,000

Washington

California

1980

Winter moth control

2,000

Oregon

California

1981

Apple maggot control

20,000

Oregon

California

1983

Grape nematode control (Polar nematode)

45,000

Michigan

California

1983

Corn cyst nematode survey

93,000

Maryland

Virginia

1985

Gypsy moth eradication

Withdrawn[2]

Tennessee

North Carolina

1992

Gypsy moth control

23,000

Georgia

No. Carolina

1992

Africanized honey bee management

44,500

Texas

New Mexico

1995

Tropical soda apple management

  95,355

Florida

 

1996

Apple Ermine moth regulatory control research

8,000

Oregon

Washington

1997

Corn cyst nematode survey

   19,170

Virginia

 

1997

Tropical soda apple biological control

   70,000

Florida

NC, GA, SC

1997

Asian longhorned beetle eradication

 100,000

New York

DE, ME, NJ, NC, PA, VT

1998

Grecian foxglove control

   12,093

Kansas

KS

1999

Common barberry survey

Denied[3]

Minnesota

 

1999

Asian longhorned beetle eradication

100,000

Illinois

 

1999

Tomato yellow leaf curl virus

   75,167

Florida

FL

2000

Clover broomrape survey

   20,000

Oregon

UT, CA

2002

Citrus longhorned beetle establishment prevention

   50,000

Washington

OR, CA

2002

Gypsy moth eradication

   50,000

Minnesota

KS, ND
2004 Diaprepes abbreviatus eradication

60,000

Texas New Mexico
2005 Echium vulgare eradication 11,474[4] Wyoming Colorado
2007 Hemlock Woolly Adelgid Delimiting Survey and Eradication

75,000

Michigan Ohio
2009 Yellow Starthistle eradication $66,000 Colorado Wyoming
2011 Gypsy moth eradication $52,000 Minnesota ND, WI
         

Total

31 claims

 

$1,148,549

 

 

 [1] $10,000 was initially requested and approved, but only $5,400 was finally disbursed.
[2]$40,000 was initially requested, but Federal cost sharing funds became available and North Carolina request was withdrawn.
 [3]$9,768 was requested; Technical Advisory Committee recommended that funds be sought from USDA APHIS PPQ CAPS.
[4] $15,000 was initially requested and approved, but only $11,474 was finally disbursed.
 

 

Last updated: July 11, 2012