ORIGINAL SENATE
FILE NO. 0017
ENROLLED ACT NO. 2, SENATE
FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION
AN ACT relating to
agriculture and animals; adopting the interstate Pest Control Compact;
and providing for an effective date.
Be It Enacted by
the Legislature of the State of Wyoming:
Section 1. W.S.
11-46-101 through 11-46-107 are created to read:
CHAPTER 46
PEST CONTROL
COMPACT
11-46-101. 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 one hundred thirty seven
billion dollars ($137,000,000,000.00) 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
(a) As used in
this compact, unless the context clearly requires a different
construction:
(i) "State" means
a state, territory or possession of the United States, the District of
Columbia and the commonwealth of Puerto Rico;
(ii) "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;
(iii) "Responding
state" means a state requested to undertake or intensify the measures
referred to in paragraph (ii) of this article;
(iv) "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;
(v) "Insurance
fund" means the pest control insurance fund established pursuant to this
compact;
(vi) "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
(vii) "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 monies 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 (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.
(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 serve
successive terms. 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 is not an 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, corporation or limited liability company.
(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, corporation or limited liability company, and may
receive, utilize and dispose of the same. Any donation, gift or grant
accepted by the governing board pursuant to this subsection or services
borrowed pursuant to subsection (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.
(j) 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.
(k) 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:
(i) Assist in the
coordination of activities pursuant to the compact in his state; and
(ii) 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 therefore 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.
(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 monies 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 (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. 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 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 (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.
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:
(i) 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;
(ii) 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 (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 monies 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:
(i) A detailed
statement of the circumstances which occasion the request for the
invoking of the compact;
(ii) 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;
(iii) 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 therefore, in connection with the
eradication, control or prevention of introduction of the pest
concerned;
(iv) Proof that
the expenditures being made or budgeted as detailed in paragraph (iii)
of this subsection 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 paragraph
(iii) of this subsection constitutes a normal level of pest control
activity;
(v) 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 monies
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;
(vi) 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 subsection (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 therefore 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 (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.
(g) Responding
states required to undertake or increase measures pursuant to this
compact may receive monies 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 monies 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.
(j) 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 (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) 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 monies 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 (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. 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 (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 (2) year period. The claims account shall contain all
monies 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 monies 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 monies in the claims account by
virtue of conditional donations, grants or gifts shall be included in
calculations made pursuant to this subsection only to the extent that
such monies 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 monies
available to it under article IV(g) of this compact, provided that the
governing board takes specific action setting aside such monies prior to
incurring any obligation to be met in whole or in part in such manner.
Except where the insurance fund makes use of monies available to it
under article IV(g) hereof, the insurance fund shall not incur any
obligation prior to the allotment of monies 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 (5) 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 (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.
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.
11-46-102.
Cooperation with pest control insurance fund.
Consistent with law and within available appropriations, the
departments, agencies and officers of Wyoming may cooperate with the
insurance fund established by the Pest Control Compact.
11-46-103. Filing
of compact.
Pursuant to article IV(h) of the compact, copies of bylaws and
amendments thereto shall be filed with the Wyoming department of
agriculture.
11-46-104. Compact
administrator.
The compact administrator for Wyoming shall be the director of the
Wyoming department of agriculture.
11-46-105.
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 Wyoming, whenever in his judgment the
conditions qualifying Wyoming for such assistance exist and it would be
in the best interest of Wyoming to make such request.
11-46-106.
Disposition of money from compact insurance fund.
Funds received by the department, agency or officer to defray costs or
as reimbursement under the compact shall be paid to the state treasurer
for deposit to the state account from which it was expended or, if
expenditure from a specific account cannot be determined, deposited to
the general fund.
11-46-107.
"Executive head" defined.
As used in the Pest Control Compact, with reference to Wyoming,
"executive head" means the governor.
Section 2.
This
act is effective immediately upon completion of all acts necessary for a
bill to become law as provided by Article 4, Section 8 of the Wyoming
Constitution.
(END)
Speaker of the
House President of the Senate
Governor
TIME APPROVED:
_________
DATE APPROVED:
02/17/2005
I hereby certify
that this act originated in the Senate.
Chief Clerk
