(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 (a) 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 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 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 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 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 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 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 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 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 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 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 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 phase, 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. |
| HIST: 1969 c 1020 s 1
|
| 18.63 State 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. |
| HIST: 1969 c 1020 s 2
|
| 18.63 State 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. |
| HIST: 1969 c 1020 s 2
|
| 18.64 Bylaws and amendments; filing. |
| Pursuant to article IV (h) of the compact,
copies of bylaws and amendments thereto shall be filed in the office of
the department of agriculture of the state of Minnesota. |
| HIST: 1969 c 1020 s 3
|
| 18.65 Administrator; commissioner of
agriculture. |
| The compact administrator for this state
shall be the commissioner of agriculture appointed by the governor.
The duties of the compact administrator shall be deemed a regular part of
the duties of the commissioner's office. |
| HIST: 1969 c 1020 s 4; 1986 c 444
|
| 18.66 Request for assistance. |
| 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 governor or the commissioner of agriculture whenever in
the official's 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. |
| HIST: 1969 c 1020 s 5; 1986 c 444
|
| 18.67 Appropriation; acceptance of
funds. |
| There is hereby appropriated out of the
general fund in the state treasury to the department of agriculture for
the purposes of sections 18.62 to 18.71 during the biennium beginning on
July 1, 1969, the sum of $29,000. The department of agriculture shall have
credited to its 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, and moneys so credited are
appropriated to the department of agriculture for the purposes of sections
18.62 to 18.71. |
| HIST: 1969 c 399 s 1; 1969 c 1020 s 6
|
| 18.68 Filing of documents; notices. |
| Filing of documents as required by the
compact set forth in sections 18.62 to 18.71 shall be with the department
of agriculture. Any and all notices required by commission bylaws to
be given pursuant to article VI, clause (d) of the compact shall be given
to the commissioner of agriculture of this state or the commissioner's
alternate, if any. |
| HIST: 1969 c 1020 s 7; 1986 c 444
|
| 18.69 Budget; limitations. |
| Pursuant to article IX, clause (a) of the
compact, the governing board shall submit its budget to the commissioner
of agriculture. Such budget and the state's share thereof shall be subject
to the provisions of chapter 16A, and any act amendatory thereof. |
| HIST: 1969 c 1020 s 8; 1977 c 410 s 10
|
| 18.70 Legislative auditor. |
| Pursuant to article IX, clause (f) of the
compact, the legislative auditor is hereby empowered and authorized to
inspect the accounts of the insurance fund as a part of the auditor's
audit of the department of agriculture. |
| HIST: 1969 c 1020 s 9; 1973 c 492 s 14;
1986 c 444 |
| 18.71 Governor as executive head. |
| As used in the compact, with reference to
this state, the term "executive head" shall mean the
governor. |
| HIST: 1969 c 1020 s 10 |
