The pest
control compact is hereby enacted into law and entered into with all
other jurisdictions legally joining therein in accordance with its
terms, 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 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
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.
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 revokes 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.
(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 of 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 of
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 find 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 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. Determination 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, providing 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 provisions 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.
