ｧ 5-701. 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 ten 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.
[1976, ch. 435.]
ｧ 5-702. Definitions.
As used in this compact, unless the context
clearly requires a different construction:
(a) State.- "State" means a state, territory or
possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(b) Requesting state.- "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.- "Responding state" means a
state requested to undertake or intensify the measures referred to
in subdivision (b) of this section.
(d) Pest.- "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.- "Insurance Fund" means the
Pest Control Insurance Fund established pursuant to this compact.
(f) Governing board.- "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.- "Executive committee"
means the committee established pursuant to ｧ 5-705 (e) of this
compact.
[1976, ch. 435; 1977, ch. 59.]
ｧ 5-703. 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, or by their constitutions, 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.
1976, ch. 435.]
ｧ 5-704. The Insurance Fund, internal
operations and management.
(a) Fund administered by governing board and
executive committee.- 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) Voting by governing board.- 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) Seal.- 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) Officers of governing board; executive
director; official bonds.- The governing board shall elect annually,
from among its members, a chairman, 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) Appointment and discharge of personnel;
personnel policies and programs.- 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) Borrowing personnel.- 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) Donations, gifts, and grants.- 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 section 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) Bylaws.- 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) Reports.- The Insurance Fund annually shall
make to the Governor and legislature of each party state a report
covering its activities for the preceding year. Reports made to the
General Assembly shall be made subject to ｧ 2-1246 of the State
Government Article. The Insurance Fund may make such additional
reports as it may deem desirable.
(j) Powers generally.- 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.
[1976, ch. 435; 1982, ch. 911, ｧ 10; 1984, ch.
285, ｧ 2; 1997, ch. 635, ｧ 9; ch. 636, ｧ 9.]
ｧ 5-705. Compact and Insurance Fund
administration.
(a) Compact administrator.- 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) Representatives of United States on governing
board.- If the laws of the United States specifically so provide, or
if administrative provision is made therefor 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 representatives shall have a
vote on the governing board or on the executive committee thereof.
(c) Meetings of governing board.- 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) Governing board or executive committee to pass
upon applications for assistance.- 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) Composition of executive committee; chairman;
meetings; expenses.- 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.
[1976, ch. 435.]
ｧ 5-706. Assistance and reimbursement.
(a) Responsibility of each party state in
eradication or control of pests.- 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) Request for expenditures for eradication or
control measures by another state.- 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) Contents of application for expenditures from
fund.- 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 of need for eradication or control
assistance because the pest in question 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) Notice of meeting to consider application.-
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 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) Determination on application.- Upon the
submission as required by paragraph (c) of this section 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) Review of determination of executive board.- 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) Payment of claims of responding state.-
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) Request for federal assistance.- 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) Memorandum of understanding.- 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.
[1976, ch. 435.]
ｧ 5-707. 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 ｧ 5-706 (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.
[1976, ch. 435; 1984, ch. 255.]
ｧ 5-708. Relations with nonparty jurisdictions.
(a) Application for assistance because of pest in
nonparty state.- 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 section.
(b) Appearance of nonparty state at meeting.- At
or in connection with any meeting of the governing board or
executive committee held pursuant to ｧ 5-706 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) Expenditures from fund in nonparty state.- 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.
[1976, ch. 435; 1984, ch. 255.]
ｧ 5-709. Finance.
(a) Submission of budgets to party state.- 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) Contents of budgets.- 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. Nothing
in this compact shall be construed as requiring the Governor to
include an appropriation, or any particular amount of appropriation,
in the budget he submits to the General Assembly, nor as requiring
the General Assembly to authorize such an appropriation or amount.
(c) Operating account and claims account.- The
financial assets of the Insurance Fund shall be maintained in two
accounts to be designated respectively as the "operating account"
and "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 a
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) Incurring obligations.- 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 ｧ 5-704 (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 ｧ 5-704 (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) Accounts of receipts and disbursements; annual
audit.- 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 licensed certified public accountant and a
report of the audit shall be included in and become part of the
annual report of the Insurance Fund.
(f) Inspection of accounts.- 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.
[1976, ch. 435; 1984, ch. 255; 1989, ch. 236, ｧ
2.]
ｧ 5-710. Entry into force and withdrawal.
(a) Entry into force.- 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) Withdrawal.- 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.
[1976, ch. 435.]
ｧ 5-711. 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.
[1976, ch. 435.]
ｧ 5-712. Cooperation by State departments and
agencies.
Consistent with law and within available
appropriations, the departments, agencies, and officers of Maryland
may cooperate with the Insurance Fund established by this subtitle.
[1976, ch. 435.]
ｧ 5-713. Bylaws filed with Secretary of
Agriculture.
Pursuant to ｧ 5-704 (h) of this subtitle, copies
of the bylaws and amendments thereto shall be filed with the
Maryland Secretary of Agriculture.
[1976, ch. 435.]
ｧ 5-714. Secretary of Agriculture designated
compact administrator.
The compact administrator for Maryland shall be
the Maryland Secretary of Agriculture and his duties as compact
administrator shall be deemed a regular part of the duties of his
office.
[1976, ch. 435.]
ｧ 5-715. Governor may request assistance.
A request or application for assistance from the
Insurance Fund pursuant to ｧ 5-706 (b) or ｧ 5-708 (a) of this
subtitle may be made by the Governor of Maryland.
[1976, ch. 435; 1977, ch. 59.]
ｧ 5-716. Definition of "executive head."
As used in this subtitle with reference to
Maryland, the term "executive head" means the Governor.
[1976, ch. 435.]
覧覧覧覧覧
