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VIRGINIA
ENABLING LEGISLATION |
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(Code 1950, §§ 3.1-188.1 to
3.1-188.19) |
| § 3.1-188.1. Compact enacted into law
and entered into. |
| The Pest Control Compact is hereby
enacted into law and entered into with all other jurisdictions legally
joining therein when the form of the compact is substantially the same
as the compact entered into by the Commonwealth of Virginia. |
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(1970, c. 174.)
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§ 3.1-188.2. 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 seven 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 make 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. |
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(1970, c. 174.)
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§ 3.1-188.3. Definitions. |
| As used in this compact, unless the
context clearly requires a different construction: |
| (a) "State" means a state,
territory or possession of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico. |
| (b) "Requesting state" means a
state which invokes the procedures of the compact to secure the
undertaking or intensification of measures to control or eradicate one
or more pests within one or more other states. |
| (c) "Responding state" means a
state requested to undertake or intensify the measures referred to in
subdivision (b) of this section. |
| (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 § 3.1-188.6
of this compact. |
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(1970, c. 174.)
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§ 3.1-188.4. 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. |
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(1970, c. 174.)
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| § 3.1-188.5. 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 subsection (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) 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. |
|
(1970, c. 174.)
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| § 3.1-188.6. 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
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(2) Represent his 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
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 meetings of the
governing board, shall be charges against the insurance fund. |
|
(1970, c. 174.)
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| § 3.1-188.7. 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.
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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, 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.
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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 subdivision 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 subdivision 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 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.
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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. |
| (e) Upon the submission as required by
subsection (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) 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. |
|
(1970, c. 174.)
|
| § 3.1-188.8. Advisory and technical
committees. |
| The governing board may establish
advisory and technical committees composed of Commonwealth, 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 § 3.1-188.7
(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. |
|
(1970, c. 174.)
|
| § 3.1-188.9. 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 section. |
| (b) At or in connection with any meeting
of the governing board or executive committee held pursuant to § 3.1-188.7
(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. |
|
(1970, c. 174.)
|
| § 3.1-188.10. 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 § 3.1-188.5
(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 § 3.1-188.5
(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. |
|
(1970, c. 174.)
|
| § 3.1-188.11. 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. |
|
(1970, c. 174.)
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| § 3.1-188.12. 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. |
|
(1970, c. 174.)
|
| § 3.1-188.13. Cooperation by state
departments and agencies. |
| Consistent with law and within available
appropriations, the departments, agencies and officers of this
Commonwealth may cooperate with the insurance fund established by the
Pest Control Compact. |
|
(1970, c. 174.) |
| § 3.1-188.14. Bylaws and amendments to
be filed with the Department of Agriculture and Consumer Services. |
| Pursuant to § 3.1-188.5
(h), copies of bylaws and amendments thereto shall be filed with the
Department of Agriculture and Consumer Services. |
|
(1970, c. 174.)
|
| § 3.1-188.15. Commissioner of
Agriculture and Consumer Services designated compact administrator. |
| The compact administrator for this
Commonwealth shall be the Commissioner of Agriculture and Consumer
Services. The duties of the compact administrator shall be deemed a
regular part of the duties of his office. |
|
(1970, c. 174.)
|
| § 3.1-188.16. Governor or Commissioner
may request assistance from fund. |
| Within the meaning of § 3.1-188.7
(b) or § 3.1-188.9
(a), a request or application for assistance from the insurance fund may
be made by the Governor or the Commissioner of Agriculture and Consumer
Services whenever in their judgment the conditions qualifying this
Commonwealth for such assistance exist and it would be in the best
interest of this Commonwealth to make such request. |
|
(1970, c. 174.)
|
| § 3.1-188.17. Disposition of payments
to Commonwealth. |
| 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 or
amounts of any payments made to this Commonwealth to defray the cost of
such program, or any part thereof, or as reimbursement thereof. |
|
(1970, c. 174.)
|
| § 3.1-188.18. Definition of
"executive head". |
| As used in the compact, with reference
to this Commonwealth, the term "executive head" shall mean the
Governor. |
|
(1970, c. 174.)
|
| § 3.1-188.19. Effective date. |
| The effective date shall be July 1,
1970. |
|
(1970, c. 174.) |
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