TITLE 3
Agriculture
PART IX
Interstate Compacts
CHAPTER 90. PEST CONTROL
COMPACT
Subchapter I. General
Provisions
PEST CONTROL COMPACT
Findings
Definitions
The Insurance Fund
The Insurance Fund, Internal Operations and Management
Compact and Insurance Fund Administration
Assistance and Reimbursement
Advisory and Technical Committees
Relations with Nonparty Jurisdictions
Finance
Entry Into Force and Withdrawal
Construction and Severability
Agriculture
Interstate Compacts
§ 9001. Enactment; form.
The Pest Control
Compact entered into with all other jurisdictions legally joining therein shall
be in the form substantially as follows:
PEST CONTROL COMPACT
Article I
Findings
The party states find
that:
(a) In the absence of
the higher degree of cooperation among them possible under this compact, the
annual loss of approximately seven billion dollars from the depredations of
pests is virtually certain to continue, if not to increase.
(b) Because of
varying climatic, geographic and economic factors, each state may be affected
differently by particular species of pests; but all states share the inability
to protect themselves fully against those pests which present serious dangers to
them.
(c) The migratory
character of pest infestations makes it necessary for states both adjacent to
and distant from one another to complement each other's activities when faced
with conditions of infestation and reinfestation.
(d) While every state
is seriously affected by a substantial number of pests, and every state is
susceptible of infestation by many species of pests not now causing damage to
its crop and plant life and products, the fact that relatively few species of
pests present equal danger to or are of interest to all states makes the
establishment and operation of an Insurance Fund, from which individual states
may obtain financial support for pest control programs of benefit to them in
other states and to which they may contribute in accordance with their relative
interests, the most equitable means of financing cooperative pest eradication
and control programs.
Article II
Definitions
As used in this
compact, unless the context clearly requires a different construction:
(a) "State"
means a state, territory or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico;
(b) "Requesting
state" means a state which invokes the procedures of the compact to secure
the undertaking or intensification of measures to control or eradicate one or
more pests within one or more other states;
(c) "Responding
state" means a state requested to undertake or intensify the measures
referred to in subdivision (b) of this article;
(d) "Pest"
means any invertebrate animal, pathogen, parasitic plant or similar or allied
organism which can cause disease or damage in any crops, trees, shrubs, grasses
or other plants of substantial value;
(e) "Insurance
Fund" means the Pest Control Insurance Fund established pursuant to this
compact;
(f) "Governing
Board" means the administrators of this compact representing all of the
party states when such administrators are acting as a body in pursuance of
authority vested in them by this compact;
(g) "Executive
Committee" means the Committee established pursuant to Article V(e) of this
compact.
Article III
The Insurance Fund
There is established
the Pest Control Insurance Fund for the purpose of financing other than normal
pest control operations which states may be called upon to engage in pursuant to
this compact. The Insurance Fund shall contain moneys appropriated to it by the
party states and any donations and grants accepted by it. All appropriations,
except as conditioned by the rights and obligations of party states expressly
set forth in this compact, shall be unconditional and may not be restricted by
the appropriating state to use in the control of any specified pest or pests.
Donations and grants may be conditional or unconditional, provided that the
Insurance Fund shall not accept any donation or grant whose terms are
inconsistent with any provision of this compact.
Article IV
The Insurance Fund, Internal
Operations and Management
(a) The Insurance
Fund shall be administered by a Governing Board and Executive Committee as
hereinafter provided. The actions of the Governing Board and Executive Committee
pursuant to this compact shall be deemed the actions of the Insurance Fund.
(b) The members of
the Governing Board shall be entitled to one vote each on such Board. No action
of the Governing Board shall be binding unless taken at a meeting at which a
majority of the total number of votes on the Governing Board are cast in favor
thereof. Action of the Governing Board shall be only at a meeting at which a
majority of the members are present.
(c) The Insurance
Fund shall have a seal which may be employed as an official symbol and which may
be affixed to documents and otherwise used as the Governing Board may provide.
(d) The Governing
Board shall elect annually, from among its members, a chairman, a vice chairman,
a secretary and a treasurer. The chairman may not succeed himself. 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 Governing Board shall make provision for the bonding of such of the
officers and employees of the Insurance Fund as may be appropriate.
(e) Irrespective of
the civil service, personnel or other merit system laws of any of the party
states, the executive director, or if there be no executive director, the
chairman, in accordance with such procedures as the bylaws may provide, shall
appoint, remove or discharge such personnel as may be necessary for the
performance of the functions of the Insurance Fund and shall fix the duties and
compensation of such personnel. The Governing Board in its bylaws shall provide
for the personnel policies and programs of the Insurance Fund.
(f) The Insurance
Fund may borrow, accept or contract for the services of personnel from any
state, the United States, or any other governmental agency, or from any person,
firm, association or corporation.
(g) The Insurance
Fund may accept for any of its purposes and functions under this compact any and
all donations, and grants of money, equipment, supplies, materials and services,
conditional or otherwise, from any state, the United States, or any other
governmental agency, or from any person, firm, association or corporation, and
may receive, utilize and dispose of the same. Any donation, gift or grant
accepted by the Governing Board pursuant to this paragraph or services borrowed
pursuant to paragraph (f) of this Article shall be reported in the annual report
of the Insurance Fund. Such report shall include the nature, amount and
conditions, if any, of the donation, gift, grant or services borrowed and the
identity of the donor or lender.
(h) The Governing
Board shall adopt bylaws for the conduct of the business of the Insurance Fund
and shall have the power to amend and rescind these bylaws. The Insurance Fund
shall publish its bylaws in convenient form and shall file a copy thereof and a
copy of any amendment thereto with the appropriate agency or officer in each of
the party states.
(i) The Insurance
Fund annually shall make to the Governor and General Assembly of each party
state a report covering its activities for the preceding year. The Insurance
Fund may make such additional reports as it may deem desirable.
(j) In addition to
the powers and duties specifically authorized and imposed, the Insurance Fund
may do such other things as are necessary and incidental to the conduct of its
affairs pursuant to this compact.
Article V
Compact and Insurance Fund
Administration
(a) In each party
state there shall be a compact administrator, who shall be selected and serve in
such manner as the laws of his state may provide, and who shall:
(1) Assist in the
coordination of activities pursuant to the compact in his state; and
(2) Represent his
state on the Governing Board of the Insurance Fund.
(b) If the laws of
the United States specifically so provide, or if administrative provision is
made therefor with the federal government, the United States may be represented
on the Governing Board of the Insurance Fund by not to exceed 3 representatives.
Any such representative or representatives of the United States shall be
appointed and serve in such manner as may be provided by or pursuant to federal
law, but no such representative shall have a vote on the Governing Board or on
the Executive Committee thereof.
(c) The Governing
Board shall meet at least once each year for the purpose of determining policies
and procedures in the administration of the Insurance Fund and, consistent with
the provisions of this compact, supervising and giving direction to the
expenditure of moneys from the Insurance Fund. Additional meetings of the
Governing Board shall be held on call of the chairman, the Executive Committee,
or a majority of the membership of the Governing Board.
(d) At such times as
it may be meeting, the Governing Board shall pass upon applications for
assistance from the Insurance Fund and authorize disbursements therefrom. When
the Governing Board is not in session, the Executive Committee thereof shall act
as agent of the Governing Board, with full authority to act for it in passing
upon such applications.
(e) The Executive
Committee shall be composed of the chairman of the Governing Board and 4
additional members of the Governing Board chosen by it so that there shall be
one member representing each of 4 geographic groupings of party states. The
Governing Board shall make such geographic groupings. If there is representation
of the United States on the Governing Board, one such representative may meet
with the Executive Committee. The chairman of the Governing Board shall be
chairman of the Executive Committee. No action of the Executive Committee shall
be binding unless taken at a meeting at which at least 4 members of such
Committee are present and vote in favor thereof. Necessary expenses of each of
the 5 members of the Executive Committee incurred in attending meetings of such
Committee, when not held at the same time and place as a meeting of the
Governing Board, shall be charged against the Insurance Fund.
Article VI
Assistance and Reimbursement
(a) Each party state
pledges to each other party state that it will employ its best efforts to
eradicate, or control within the strictest practicable limits, any and all
pests. It is recognized that performance of this responsibility involves:
(1) The maintenance
of pest control and eradication activities of interstate significance by a party
state at a level that would be reasonable for its own protection in the absence
of this compact.
(2) The meeting of
emergency outbreaks or infestations of interstate significance to no less an
extent than would have been done in the absence of this compact.
(b) Whenever a party
state is threatened by a pest not present within its borders but present within
another party state, or whenever a party state is undertaking or engaged in
activities for the control or eradication of a pest or pests, and finds that
such activities are or would be impracticable or substantially more difficult of
success by reason of failure of another party state to cope with infestation or
threatened infestation, that state may request the Governing Board to authorize
expenditures from the Insurance Fund for eradication or control measures to be
taken by one or more of such other party states at a level sufficient to
prevent, or to reduce to the greatest practicable extent, infestation or
reinfestation of the requesting state. Upon such authorization the responding
state or states shall take or increase such eradication or control measures as
may be warranted. A responding state shall use moneys made available from the
Insurance Fund expeditiously and efficiently to assist in affording the
protection requested.
(c) In order to apply
for expenditures from the Insurance Fund, a requesting state shall submit the
following in writing:
(1) A detailed
statement of the circumstances which occasion the request for the invoking of
this compact.
(2) Evidence that the
pest on account of whose eradication or control assistance is requested
constitutes a danger to an agricultural or forest crop, product, tree, shrub,
grass or other plant having a substantial value to the requesting state.
(3) A statement of
the extent of the present and projected program of the requesting state and its
subdivisions, including full information as to the legal authority for the
conduct of such program or programs and the expenditures being made or budgeted
therefor, in connection with the eradication, control, or prevention of
introduction of the pest concerned.
(4) Proof that the
expenditures being made or budgeted as detailed in item 3 do not constitute a
reduction of the effort for the control or eradication of the pest concerned or,
if there is a reduction, the reasons why the level of program detailed in item 3
constitutes a normal level of pest control activity.
(5) A declaration as
to whether, to the best of its knowledge and belief, the conditions which in its
view occasion the invoking of the compact in the particular instance can be
abated by a program undertaken with the aid of moneys from the Insurance Fund in
one year or less, or whether the request is for an installment in a program
which is likely to continue for a longer period of time.
(6) Such other
information as the Governing Board may require consistent with the provisions of
this compact.
(d) The Governing
Board or Executive Committee shall give due notice of any meeting at which an
application for assistance from the Insurance Fund is to be considered. Such
notice shall be given to the compact administrator of each party state and to
such other officers and agencies as may be designated by the laws of the party
states. The requesting state and any other party state shall be entitled to be
represented and present evidence and argument at such meeting.
(e) Upon the
submission as required by paragraph (c) of this article and such other
information as it may have or acquire, and upon determining that an expenditure
of funds is within the purposes of this compact and justified thereby, the
Governing Board or Executive Committee shall authorize support of the program.
The Governing Board or the Executive Committee may meet at any time or place for
the purpose of receiving and considering an application. Any and all
determinations of the Governing Board or Executive Committee, with respect to an
application, together with the reasons therefor shall be recorded and subscribed
in such manner as to show and preserve the votes of the individual members
thereof.
(f) A requesting
state which is dissatisfied with a determination of the Executive Committee
shall, upon notice in writing given within 20 days of the determination with
which it is dissatisfied, be entitled to receive a review thereof at the next
meeting of the Governing Board. Determinations of the Executive Committee shall
be reviewable only by the Governing Board at one of its regular meetings, or at
a special meeting held in such manner as the Governing Board may authorize.
(g) Responding states
required to undertake or increase measures pursuant to this compact may receive
moneys from the Insurance Fund, either at the time or times when such state
incurs expenditures on account of such measures, or as reimbursement for
expenses incurred and chargeable to the Insurance Fund. The Governing Board
shall adopt and, from time to time, may amend or revise procedures for
submission of claims upon it and for payment thereof.
(h) Before
authorizing the expenditure of moneys from the Insurance Fund pursuant to an
application of a requesting state, the Insurance Fund shall ascertain the extent
and nature of any timely assistance or participation which may be available from
the federal government and shall request the appropriate agency or agencies of
the federal government for such assistance and participation.
(i) The Insurance
Fund may negotiate and execute a memorandum of understanding or other
appropriate instrument defining the extent and degree of assistance or
participation between and among the Insurance Fund, cooperating federal
agencies, states and any other entities concerned.
Article VII
Advisory and Technical
Committees
The Governing Board
may establish advisory and technical committees composed of state, local, and
federal officials, and private persons to advise it with respect to any one or
more of its functions. Any such advisory or technical committee, or any member
or members thereof may meet with and participate in its deliberations. Upon
request of the Governing Board or Executive Committee an advisory or technical
committee may furnish information and recommendations with respect to any
application for assistance from the Insurance Fund being considered by such
Board or Committee and the Board or Committee may receive and consider the same:
provided that any participant in a meeting of the Governing Board or Executive
Committee held pursuant to Article VI(d) of this compact shall be entitled to
know the substance of any such information and recommendations, at the time of
the meeting if made prior thereto or as a part thereof or, if made thereafter,
no later than the time at which the Governing Board or Executive Committee makes
its disposition of the application.
Article VIII
Relations with Nonparty
Jurisdictions
(a) A party state may
make application for assistance from the Insurance Fund in respect of a pest in
a nonparty state. Such application shall be considered and disposed of by the
Governing Board or Executive Committee in the same manner as an application with
respect to a pest within a party state, except as provided in this article.
(b) At or in
connection with any meeting of the Governing Board or Executive Committee held
pursuant to Article VI(d) of this compact a nonparty state shall be entitled to
appear, participate, and receive information only to such extent as the
Governing Board or Executive Committee may provide. A nonparty state shall not
be entitled to review of any determination made by the Executive Committee.
(c) The Governing
Board or Executive Committee shall authorize expenditures from the Insurance
Fund to be made in a nonparty state only after determining that the conditions
in such state and the value of such expenditures to the party states as a whole
justify them. The Governing Board or Executive Committee may set any conditions
which it deems appropriate with respect to the expenditure of moneys from the
Insurance Fund in a nonparty state and may enter into such agreement or
agreements with nonparty states and other jurisdictions or entities as it may
deem necessary or appropriate to protect the interests of the Insurance Fund
with respect to expenditures and activities outside of party states.
Article IX
Finance
(a) The Insurance
Fund shall submit to the executive head or designated officer or officers of
each party state a budget for the Insurance Fund for such period as may be
required by the laws of that party state for presentation to the General
Assembly thereof.
(b) Each of the
budgets shall contain specific recommendations of the amount or amounts to be
appropriated by each of the party states. The requests for appropriations shall
be apportioned among the party states as follows: One-tenth of the total budget
in equal shares and the remainder in proportion to the value of agricultural and
forest crops and products, excluding animals and animal products, produced in
each party state. In determining the value of such crops and products the
Insurance Fund may employ such source or sources of information as in its
judgment present the most equitable and accurate comparisons among the party
states. Each of the budgets and requests for appropriations shall indicate the
source or sources used in obtaining information concerning value of products.
(c) The financial
assets of the Insurance Fund shall be maintained in two accounts to be
designated respectively as the "Operating Account" and the
"Claims Account." The Operating Account shall consist only of those
assets necessary for the administration of the Insurance Fund during the next
ensuing two-year period. The Claims Account shall contain all moneys not
included in the Operating Account and shall not exceed the amount reasonably
estimated to be sufficient to pay all legitimate claims on the Insurance Fund
for a period of 3 years. At any time when the Claims Account has reached its
maximum limit or would reach its maximum limit by the addition of moneys
requested for appropriation by the party states, the Governing Board shall
reduce its budget requests on a pro rata basis in such manner as to keep the
Claims Account within such maximum limit. Any moneys in the Claims Account by
virtue of conditional donations, grants or gifts shall be included in
calculations made pursuant to this paragraph only to the extent that such moneys
are available to meet demands arising out of claims.
(d) The Insurance
Fund shall not pledge the credit of any party state. The Insurance Fund may meet
any of its obligations in whole or in part with moneys available to it under
Article IV(g) of this compact, provided that the Governing Board takes specific
action setting aside such moneys prior to incurring any obligation to be met in
whole or in part in such manner. Except where the Insurance Fund makes use of
moneys available to it under Article IV(g) of this compact, the Insurance Fund
shall not incur any obligation prior to the allotment of moneys by the party
states adequate to meet the same.
(e) The Insurance
Fund shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Insurance Fund shall be subject to the audit
and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Insurance Fund shall be audited yearly
by a certified or licensed public accountant and a report of the audit shall be
included in and become part of the annual report of the Insurance Fund.
(f) The accounts of
the Insurance Fund shall be open at any reasonable time for inspection by duly
authorized officers of the party states and by any persons authorized by the
Insurance Fund.
Article X
Entry Into Force and Withdrawal
(a) This compact
shall enter into force when enacted into law by any 5 or more states.
Thereafter, this compact shall become effective as to any other state upon its
enactment thereof.
(b) Any party state
may withdraw from this compact by enacting a statute repealing the same, but no
such withdrawal shall take effect until 2 years after the executive head of the
withdrawing state has given notice in writing of the withdrawal to the executive
heads of all other party states. No withdrawal shall affect any liability
already incurred by or chargeable to a party state prior to the time of such
withdrawal.
Article XI
Construction and Severability
This compact shall be
liberally construed so as to effectuate its purposes. The provisions of this
compact shall be severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any state or of
the United States or the applicability thereof to any government, agency, person
or circumstance is held invalid, the validity of the remainder of this compact
and the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state participating herein, it shall remain in full force
and effect as to the remaining party states and in full force and effect as to
the state affected as to all severable matters. (3 Del. C. 1953, § 9001; 56
Del. Laws, c. 70; 70 Del. Laws, c. 186, § 1.)
NOTICE: The Delaware Code appearing on this
site was prepared by the Division of Research of Legislative Council of the
General Assembly with the assistance of the Government Information Center, under
the supervision of the Delaware Code Revisors and the editorial staff of
LexisNexis and includes effective legislation through 74 Delaware Laws c. 39.
This version of the Delaware Code does not include any legislation which has an
effective date after June 18, 2003.
DISCLAIMER: Please Note: With respect to the
Delaware Code documents available from this site or server, neither the State of
Delaware nor any of its employees, makes any warranty, express or implied,
including the warranties of merchantability and fitness for a particular
purpose, or assumes any legal liability or responsibility for the accuracy,
completeness, or usefulness of any information, apparatus, product, or process
disclosed, or represents that its use would not infringe privately-owned rights.
This information is provided for informational purposes only. Please seek legal
counsel for help on interpretation of individual statutes.
Subchapter II. Effectuation
§ 9022. Cooperation.
Consistent with law
and within available appropriations, the departments, agencies and officers of
this State may cooperate with the Insurance Fund established by the Pest Control
Compact. (3 Del. C. 1953, § 9022; 56 Del. Laws, c. 70.)
§ 9023. Filing of bylaws.
Pursuant to Article
IV(h) of the compact, copies of bylaws and amendments thereto shall be filed
with the Secretary of State. (3 Del. C. 1953, § 9023; 56 Del. Laws, c. 70.)
§ 9024. Compact administrator.
The compact
administrator for this State shall be the Secretary of the Department of
Agriculture. (3 Del. C. 1953, § 9024; 56 Del. Laws, c. 70; 57 Del. Laws, c.
764, § 29.)
§ 9025. Request.
Within the meaning of
Article VI(b) or VIII(a) of the compact, a request or application for assistance
from the Insurance Fund may be made by the Governor whenever in his judgment the
conditions qualifying this State for such assistance exist and it would be in
the best interest of this State to make such request. (3 Del. C. 1953, § 9025;
56 Del. Laws, c. 70; 70 Del. Laws, c. 186, § 1.)
§ 9026. Appropriations.
The department,
agency or officer expending or becoming liable for an expenditure, on account of
a control or eradication program undertaken or intensified pursuant to the
compact, shall have credited to his account in the State Treasury the amount or
amounts of any payments made to this State to defray the cost of such program,
or any part thereof, or as reimbursement thereof. (3 Del. C. 1953, § 9026; 56
Del. Laws, c. 70; 70 Del. Laws, c. 186, § 1.)
§ 9027. Definition.
As used in the
compact, with reference to this State, the term "Executive Head" shall
mean the Governor. (3 Del. C. 1953, § 9027; 56 Del. Laws, c. 70.)
NOTICE: The Delaware Code
appearing on this site was prepared by the Division of Research of Legislative
Council of the General Assembly with the assistance of the Government
Information Center, under the supervision of the Delaware Code Revisors and the
editorial staff of LexisNexis and includes effective legislation through 74
Delaware Laws c. 39. This version of the Delaware Code does not include any
legislation which has an effective date after June 18, 2003.
DISCLAIMER: Please Note:
With respect to the Delaware Code documents available from this site or server,
neither the State of Delaware nor any of its employees, makes any warranty,
express or implied, including the warranties of merchantability and fitness for
a particular purpose, or assumes any legal liability or responsibility for the
accuracy, completeness, or usefulness of any information, apparatus, product, or
process disclosed, or represents that its use would not infringe privately-owned
rights. This information is provided for informational purposes only. Please
seek legal counsel for help on interpretation of individual statutes.
