76-6-10. Compact enacted and entered into.
The "Pest Control Compact" is 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 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.
Article II
Definitions
s 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; and
(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 provisions 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 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 exeed [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 not
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 subdivision, 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 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 assitance
[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
appropriation 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
request 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 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.
History: Laws 1981, ch. 281, § 1.
76-6-11. Cooperation with pest control
insurance fund.
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 [76-6-10 NMSA 1978].
History: Laws 1981, ch. 281, § 2.
76-6-12. Filing of compact.
Pursuant to Article IV (h) of the compact, copies of bylaws and amendments
thereto shall be filed with the state department of agriculture.
History: Laws 1981, ch. 281, § 3.
76-6-13. Compact administrator.
The compact administrator for this state shall be the director of the state
department of agriculture.
History: Laws 1981, ch. 281, § 4.
76-6-14. Applications for assistance.
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 compact
administrator for this state, 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.
History: Laws 1981, ch. 281, § 5.
76-6-15. Disposition of money from compact
insurance fund.
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 of any payments made to this state to defray the cost
of such program, or any part thereof, or as reimbursement thereof.
History: Laws 1981, ch. 281, § 6.
76-6-16. "Executive head" defined.
As used in the compact, with reference to this state, "executive head" means the
governor.
History: Laws 1981, ch. 281, § 7.
