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The party states find
that:
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(a) In the absence of the
higher degree of cooperation among them possible under this compact, the
annual loss of approximately seven billion dollars ($7,000,000,000) from
the depredations of pests is virtually certain to continue, if not to
increase.
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(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.
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(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 re-infestation.
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(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.
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Article II. Definitions
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As used in this compact,
unless the context clearly requires a different construction:
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(a) "Executive
committee" means the committee established pursuant to Article V (e).
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(b) "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.
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(c) "Insurance
fund" means the pest control insurance fund established pursuant to
this compact.
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(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.
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(e) "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 (1) or more pests within one (1) or more other states.
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(f) "Responding
state" means a state requested to undertake or intensify the measures
referred to in subdivision (b).
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(g) "State"
means a state, territory or possession of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
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Article III. The Insurance
Fund
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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.
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Article IV. The Insurance
Fund, Internal Operations and Management
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(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.
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(b) The members of the
governing board shall be entitled to one (1) 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.
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(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.
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(d) The governing board
shall elect annually, from among its members, a chair, a vice chair, a
secretary and a treasurer. The chair may not succeed the chair as chair.
The governing board may appoint an executive director and fix the
executive director's duties and 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.
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(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
chair, 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.
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(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.
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(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) 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.
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(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.
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(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.
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(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.
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Article V. Compact and
Insurance Fund Administrations
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(a) In each party state
there shall be a compact administrator, who shall be selected and serve in
such manner as the laws of such administrator's state may provide, and who
shall:
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(1) Assist in the
coordination of activities pursuant to the compact in the state; and
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(2) Represent the state
on the governing board of the insurance fund.
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(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 (3) representatives. Any such representative or representatives of
the United States shall be appointed and serve in such manner as may be
provided by or pursuant to federal law, but no such representative shall
have a vote on the governing board or on the executive committee thereof.
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(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 chair, the executive
committee, or a majority of the membership of the governing board.
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(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.
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(e) The executive
committee shall be composed of the chair of the governing board and four
(4) additional members of the governing board chosen by it so that there
shall be one (1) member representing each of four (4) geographic groupings
of party states.
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The governing board shall
make such geographic groupings. If there is representation of the United
States on the governing board, one (1) such representative may meet with
the executive committee. The chair of the governing board shall be chair
of the executive committee. No action of the executive committee shall be
binding unless taken at a meeting at which at least four (4) members of
such committee are present and vote in favor thereof. Necessary expenses
of each of the five (5) members of the executive committee incurred in
attending meetings of such committee, when not held at the same time and
place as a meeting of the governing board, shall be charges against the
insurance fund.
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Article VI. Assistance and
Reimbursement
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(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:
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(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.
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(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.
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(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 (1)
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.
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(c) In order to apply for
expenditures from the insurance fund, a requesting state shall submit the
following in writing:
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(1) A detailed
statement of the circumstances which occasion the request for the
invoking of the compact;
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(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;
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(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;
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(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;
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(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 (1) 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; and
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(6) Such other
information as the governing board may require consistent with the
provisions of this compact.
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(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.
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(e) Upon the submission
as required by paragraph (c) 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
purposes 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.
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(f) A requesting state
which is dissatisfied with a determination of the executive committee
shall, upon notice in writing given within twenty (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 (1) of its regular meetings, or at a special meeting held in such
manner as the governing board may authorize.
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(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.
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(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.
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(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.
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Article VII. Advisory and
Technical Committees
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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 (1) 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) 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.
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Article VIII. Relations
with Nonparty Jurisdictions
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(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.
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(b) At or in connection
with any meeting of the governing board or executive committee held
pursuant to Article VI (d), 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 a review of any determination made by the executive committee.
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(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.
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Article IX. Finance
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(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 of such state.
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(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 (1/10)
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.
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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 the value of products.
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(c) The financial assets
of the insurance fund shall be maintained in two (2) 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 (3) years. At any time when
the claims account has reached its maximum limit or would reach its
maximum limit by the addition of moneys requested for appropriation by the
party states, the governing board shall reduce its budget requests on a
pro rata basis in such manner as to keep the claims account within such
maximum limit. Any moneys in the claims account by virtue of conditional
donations, grants or gifts shall be included in calculations made pursuant
to this paragraph only to the extent that such moneys are available to
meet demands arising out of claims.
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(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); 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), the insurance
fund shall not incur any obligation prior to the allotment of moneys by
the party states adequate to meet the same.
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(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.
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(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.
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Article X. Entry Into
Force and Withdrawal
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(a) This compact shall
enter into force when enacted into law by any five (5) or more states.
Thereafter, this compact shall become effective as to any other state upon
its enactment of the compact.
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(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 (2) years after the
executive head of the withdrawing state has given notice in writing of the
withdrawal to the executive heads of all other party states. No withdrawal
shall affect any liability already incurred by or chargeable to a party
state prior to the time of such withdrawal.
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Article XI. Construction
and Severability
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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.
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[Acts 1969, ch. 81, § 1;
T.C.A., §§ 43-2801, 43-7-101.]
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43-6-302. Cooperation
with insurance fund.
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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.
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[Acts 1969, ch. 81, § 2;
T.C.A., §§ 43-2802, 43-7-102.]
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43-6-303. Bylaws and
amendments filed with commissioner of agriculture.
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Pursuant to Article IV
(h), copies of bylaws and amendments thereto shall be filed with the
commissioner of agriculture.
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[Acts 1969, ch. 81, § 3;
T.C.A., §§ 43-2803, 43-7-103.]
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43-6-304. Compact
administrator for state.
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The compact administrator
for this state shall be the commissioner of agriculture. The duties of the
compact administrator shall be deemed a regular part of the duties of the
commissioner's office, and the commissioner's expenses as compact
administrator become a charge upon the funds of the department of
agriculture.
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[Acts 1969, ch. 81, § 4;
T.C.A., §§ 43-2804, 43-7-104.]
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43-6-305. Request for
insurance fund assistance - By whom made.
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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 such 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.
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[Acts 1969, ch. 81, § 5;
T.C.A., §§ 43-2805, 43-7-105.]
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43-6-306. Notification
of meetings involving insurance fund.
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Article VI (d) provides
notification to the compact administrator and in addition the state
entomologist shall receive concurrent notification of any meeting at which
application for assistance from the insurance fund is to be considered.
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[Acts 1969, ch. 81, § 6;
T.C.A., §§ 43-2806, 43-7-106.]
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43-6-307.
Reimbursement from payments received of accounts liable for expenditures.
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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 such department's, agency's or officer's
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 subject to availability of funds within the
general departmental appropriation.
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[Acts 1969, ch. 81, § 7;
T.C.A., §§ 43-2807, 43-7-107.]
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43-6-308.
"Executive head" defined.
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As used in the compact,
with reference to this state, "executive head" means the
governor.
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[Acts 1969, ch. 81, § 8;
T.C.A., §§ 43-2808, 43-7-108.]
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