AN ACT concerning
agriculture; creating the pest control compact.
Section
1. The pest control compact is hereby enacted into law and entered
into with all other jurisdictions legally joining therein 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 137 billion dollars from the
depredations of pests is virtually certain to continue, if not to
increase.
(b) Because of the
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 to 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 interest, 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 hereby
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 the
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 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
is 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 legislature 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 therefore within the federal government, the United
States may be represented on the governing board of the insurance fund
by not to exceed three 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 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 the 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
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. 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 four members of such
committee are present and vote in favor thereof. Necessary expenses of
each of the five 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 charges 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 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 the 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 therefore, 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 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 therefore 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 twenty 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 the 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 legislature 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 three 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) hereof, 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 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 five 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 two 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 the purposes thereof. 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 the compact 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.
Section 2.
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.
Section 3.
Pursuant to Article IV(h) of the compact, copies of bylaws and
amendments thereto must be filed with the secretary of agriculture.
Section 4.
The compact administrator for this state shall be the secretary of
agriculture or the secretary’s designee. The duties of the compact
administrator shall be deemed a regular part of the duties of this
office.
Section 5.
Within the meaning of Article VI(b) or VIII(a), a request or
application for assistance from the insurance fund may be made by the
secretary of agriculture whenever in their 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.
Section 6.
The department, agency or officer expending or becoming liable for an
expenditure on account of a control or an eradication program undertaken
or intensified pursuant to the compact shall have credited to an
operating fund 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.
Section 7. As
used in the compact, with reference to this state, the term ‘‘executive
head’’ shall mean the governor.
