8801-8808
FOOD AND AGRICULTURAL CODE
SECTION 8801-8808
8801. The Pest Control Compact is hereby 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 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 a 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 invokes the procedures
of the compact to secure the undertaking or intensification of
measures to control or eradicate one or more pests within one or more
other states.
(c) "Responding state" means a state requested to undertake or
intensify the measures referred to in subdivision (b) of this
article.
(d) "Pests" 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) "Fund" means the Pest Control 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 Fund
There is hereby established the Pest Control 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 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 fund shall not accept any donation
or grant whose terms are inconsistent with any provision of this
compact.
Article IV. The Fund, Internal Operations and
Management
(a) The 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 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 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 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 fund and shall fix the duties and compensations
of such personnel. The governing board in its bylaws shall provide
for the personnel policies and programs of the fund.
(f) The 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 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 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 fund and shall have the power to amend and rescind
these bylaws. The 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 fund annually shall make to the Governor and Legislature
of each party state a report covering its activities for the
preceding year. The fund may make such additional reports as it may
deem desirable.
(j) In addition to the powers and duties specifically authorized
and imposed, the fund may do such other things as are necessary and
incidental to the conduct of its affairs pursuant to this compact.
Article V. Compact 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 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 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 fund and, consistent with the provisions of the compact,
supervising and giving direction to the expenditure of moneys from
the 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 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 fund.
Article VI. Assistance and Reimbursement
(a) Each party state pledges to each other party state that it
will employ its best efforts to eradicate, or control within the
strictest practicable limits, any and all pests. It is recognized
that performance of this responsibility involves:
1. The maintenance of pest control and eradication activities of
interstate significance by a party state at a level that would be
reasonable for its own protection in the absence of this compact.
2. The meeting of emergency outbreaks or infestations of
interstate significance to no less an extent than would have been
done in the absence of this compact.
(b) Whenever a party state is threatened by a pest not present
within its borders but present within another party state, or
whenever a party state is undertaking or engaged in activities for
the control or eradication of a pest or pests, and finds that such
activities are or would be impracticable or substantially more
difficult of success by reason of failure of another party state to
cope with infestation or threatened infestation, that state may
request the governing board to authorize expenditures from the 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 fund expeditiously and efficiently to
assist in affording the protection requested.
(c) In order to apply for expenditures from the 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 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
fund is to be considered. Such notice shall be given to the compact
administrator of each party state and to such other officers and
agencies as may be designated by the laws of the party states. The
requesting state and any other party state shall be entitled to be
represented and present evidence and argument at such meeting.
(e) Upon the submission as required by paragraph (c) of this
article and such other information as it may have or acquire, and
upon determining that an expenditure of funds is within the purposes
of this compact and justified thereby, the governing board or
executive committee shall authorize support of the program. The
governing board or the executive committee may meet at any time or
place for the purpose of receiving and considering an application.
Any and all determinations of the governing board or executive
committee, with respect to an application, together with the reasons
therefor shall be recorded and subscribed in such manner as to show
and preserve the votes of the individual members thereof.
(f) A requesting state which is dissatisfied with a determination
of the executive committee shall upon notice in writing given within
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 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 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 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 fund
pursuant to an application of a requesting state, the 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 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 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 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
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 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 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 fund with respect to expenditures and activities outside of party
states.
Article IX. Finance
(a) The fund shall submit to the executive head or designated
officer or officers of each party state a budget for the 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 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 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 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 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 fund shall not pledge the credit of any party state. The
fund may meet any of its obligations in whole or in part with moneys
available to it under Article IV(g) of this compact, provided that
the governing board takes specific action setting aside such moneys
prior to incurring any obligation to be met in whole or in part in
such manner. Except where the fund makes use of moneys available to
it under Article IV(g) hereof, the fund shall not incur any
obligation prior to the allotment of moneys by the party states
adequate to meet the same.
(e) The fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the fund shall be
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by
the 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 fund.
(f) The accounts of the 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 fund.
Article X. Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by
any five or more states. Thereafter, this compact shall become
effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until two years after the executive head of the withdrawing state has
given notice in writing of the withdrawal to the executive heads of
all other party states. No withdrawal shall affect any liability
already incurred by or chargeable to a party state prior to the time
of such withdrawal.
Article XI. Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any state or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution
of any state participating herein, the compact shall remain in full
force and effect as to the remaining party states and in full force
and effect as to the state affected as to all severable matters.
8802. Consistent with law and within available appropriations, the
departments, agencies, and officers of this state may cooperate with
the fund established by the Pest Control Compact.
8803. Pursuant to Article IV(h) of the compact, copies of bylaws
and amendments thereto shall be filed with the Office of
Administrative Procedure.
8804. The compact adminstrator for this state is the director.
8805. Within the meaning of Article VI(b) or VIII(a), a request or
application for assistance from the fund may be made by the Governor
whenever in his judgment the conditions qualifying this state for
such assistance exist and it would be in the interest of this state
to make such request.
8806. The notice of any meeting at which an application for
assistance from the fund is to be considered given pursuant to
Article VI (d), shall also be given to the Speaker of the Assembly
and the President pro Tempore of the Senate.
8807. 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 state to defray the cost of such
program, or any part thereof, or as reimbursement thereof.
8808. As used in the compact, with reference to this state, the
term "executive head" means the Governor.