§ 2-16.1-2 - Compact enacted.
SECTION 2-16.1-2
§ 2-16.1-2 Compact enacted. – The Interstate Compact on pest control is hereby enacted into law and enteredinto with all other jurisdictions in form substantially as follows:
Article I
Findings
The party states find that:
(a) In the absence of the higher degree of cooperation amongthem possible under this compact, the annual loss of approximately one hundredthirty-seven billion dollars ($137,000,000,000) from the depredations of pestsis virtually certain to continue, if not to increase.
(b) Because of varying climatic, geographic and economicfactors, each state may be affected differently by particular species of pests;but all states share the inability to protect themselves fully against thosepests which present serious dangers to them.
(c) The migratory character of pest infestations makes itnecessary for states both adjacent to and distant from one another tocomplement each other's activities when faced with conditions of infestationand reinfestation.
(d) While every state is seriously affected by a substantialnumber of pests, and every state is susceptible of infestation by many speciesof pests not now causing damage to its crop and plant life and products, thefact that relatively few species of pests present equal danger to or are ofinterest to all states makes the establishment and operation of an insurancefund, from which individual states may obtain financial support for pestcontrol programs of benefit to them in other states and to which they maycontribute in accordance with their relative interests, the most equitablemeans of financing cooperative pest eradication and control programs.
Article II
Definitions
As used in this compact, unless the context clearly requiresa different construction:
(a) "State" means a state, territory, possession of theUnited States, the District of Columbia, and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes theprocedures of the compact to secure the undertaking or intensification ofmeasures to control or eradicate one or more pests within one or more otherstates.
(c) "Responding state" means a state requested to undertakeor intensify the measures referred to in subdivision (b) of this Article.
(d) "Pest" means any invertebrate animal, pathogen, parasiticplant or similar or allied organism which can cause disease or damage in anycrops, trees, shrubs, grasses or other plants of substantial value.
(e) "Insurance fund" means the Pest Control Insurance Fundestablished pursuant to this compact.
(f) "Governing board" means the administrators of thiscompact representing all of the party states when such administrators areacting as a body in pursuance of authority vested in them by this compact.
(g) "Executive committee" means the committee establishedpursuant to Article V(e) of this compact.
Article III
The Insurance Fund
There is hereby established the Pest Control Insurance Fundfor the purpose of financing other than normal pest control operations whichstates may be called upon to engage in pursuant to this compact. The insurancefund shall contain moneys appropriated to it by the party states and anydonations and grants accepted by it. All appropriations, expressly set forth inthis compact, shall be unconditional and may not be restricted by theappropriating state to use in the control of any specified pest or pests.Donations and grants may be conditional or unconditional, provided that theinsurance fund shall not accept any donation or grant whose terms areinconsistent with any provision of this compact.
Article IV
The Insurance Fund, Internal Operations andManagement
(a) The insurance fund shall be administered by a governingboard and executive committee as hereinafter provided. The actions of thegoverning board and executive committee pursuant to this compact shall bedeemed the actions of the insurance fund.
(b) The members of the governing board shall be entitled toone vote each on such board. No action of the governing board shall be bindingunless taken at a meeting at which a majority of the total number of votes onthe governing board are cast in favor thereof. Action of the governing boardshall be only at a meeting at which a majority of the members are present.
(c) The insurance fund shall have a seal which may beemployed as an official symbol and which may be affixed to documents andotherwise used as the governing board may provide.
(d) The governing board shall elect annually, from among itsmembers, a chairman, a vice chairman, a secretary and a treasurer. The chairmanmay not succeed himself. The governing board may appoint an executive directorand fix his duties and his compensation, if any. Such executive director shallserve at the pleasure of the governing board. The governing board shall makeprovision for the bonding of such of the officers and employees of theinsurance fund as may be appropriate.
(e) Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executive director, or ifthere be no executive director, the chairman, in accordance with suchprocedures as the bylaws may provide, shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the functions of theinsurance fund and shall fix the duties and compensation of such personnel. Thegoverning board in its bylaws shall provide for the personnel policies andprograms of the insurance fund.
(f) The insurance fund may borrow, accept or contract for theservices of personnel from any state, the United States, or any othergovernmental agency, or from any person, firm, association or corporation.
(g) The insurance fund may accept for any of its purposes andfunctions under this compact any and all donations and grants of money,equipment, supplies, materials and services, conditional or otherwise, from anystate, and the United States, or any other governmental agency, or from anyperson, firm, association or corporation, and may receive, utilize and disposeof the same. Any donation, gift or grant accepted by the governing boardpursuant to this paragraph or service borrowed pursuant to paragraph (f) ofthis Article shall be reported in the annual report of the insurance fund. Suchreport shall include the nature, amount and conditions, if any, of thedonation, gift, grant or services borrowed and the identity of the donor orlender.
(h) The governing board shall adopt bylaws for the conduct ofthe business of the insurance fund and shall have the power to amend andrescind these bylaws. The insurance fund shall publish its bylaws in convenientform and shall file a copy thereof and a copy of any amendment thereto with theappropriate agency or officer in each of the party states.
(i) The insurance fund annually shall make to the governorand legislature of each party state a report covering its activities for thepreceding year. The insurance fund may make such additional reports as it maydeem desirable.
(j) In addition to the powers and duties specificallyauthorized and imposed, the insurance fund may do such other things as arenecessary 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 compactadministrator, who shall be selected and serve in such manner as the laws ofthis state may provide, and who shall:
(1) Assist in the coordination of activities pursuant to thecompact in his state; and
(2) Represent his state on the governing board of theinsurance 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 insurancefund by not to exceed three (3) representatives. Any such representative orrepresentatives of the United States shall be appointed and serve in suchmanner as may be provided by or pursuant to federal law, but no suchrepresentative shall have a vote on the governing board or on the executivecommittee thereof.
(c) The governing board shall meet at least once each yearfor the purpose of determining policies and procedures in the administration ofthe insurance fund and, consistent with the provisions of the compact,supervising and giving direction to the expenditure of moneys from theinsurance fund. Additional meetings of the governing board shall be held oncall of the chairman, the executive committee, or a majority of the membershipof the governing board.
(d) At such times as it may be meeting, the governing boardshall pass upon applications for assistance from the insurance fund andauthorize disbursements therefrom. When the governing board is not in session,the executive committee thereof shall act as agent of the governing board, withfull authority to act for it in passing upon such applications.
(e) The executive committee shall be composed of the chairmanof the governing board and four (4) additional members of the governing boardchosen by it so that there shall be one member representing each of the four(4) geographic groupings of party states. The governing board shall make suchgeographic groupings. If there is representation of the United States on thegoverning board, one such representative may meet with the executive committee.The chairman of the governing board shall be chairman of the executivecommittee. No action of the executive committee shall be binding unless takenat a meeting at which at least four (4) members of such committee are presentand vote in favor thereof. Necessary expenses of each of the five (5) membersof 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 thatit will employ its best efforts to eradicate, or control within the strictestpracticable limits, any and all pests. It is recognized that performance ofthis responsibility involves:
(1) The maintenance of pest control and eradicationactivities of interstate significance by a party state at a level that would bereasonable for its protection in the absence of this compact.
(2) The meeting of emergency outbreaks or infestations ofinterstate significance to no less an extent than would have been done in theabsence of this compact.
(b) Whenever a party state is threatened by a pest notpresent within its borders but present within another party state, or whenevera party state is undertaking or engaged in activities for the control oreradication of a pest or pests, and finds that such activities are or would beimpracticable or substantially more difficult of success by reason of failureof another party state to cope with infestation or threatened infestation, thatstate may request the governing board to authorize expenditures from theinsurance fund for eradication or control measures to be taken by one or moreof such other party states at a level sufficient to prevent, or to reduce tothe greatest practicable extent, infestation or reinfestation of the requestingstate. Upon such authorization the responding state or states shall take orincrease such eradication or control measures as may be warranted. A respondingstate shall use moneys made available from the insurance fund expeditiously andefficiently to assist in affording the protection requested.
(c) In order to apply for expenditures from the insurancefund, a requesting state shall submit the following in writing:
(1) A detailed statement of the circumstances which occasionthe request for the invoking of the compact.
(2) Evidence that the pest on account of whose eradication orcontrol assistance is requested constitutes a danger to an agricultural orforest crop, product, tree, shrub, grass or other plant having a substantialvalue to the requesting state.
(3) A statement of the extent of the present and projectedprogram of the requesting state and its subdivisions, including fullinformation as to the legal authority for the conduct of such program orprograms and the expenditures being made or budgeted therefor, in connectionwith the eradication, control, or prevention of introduction of the pestconcerned.
(4) Proof that the expenditures being made or budgeted asdetailed in item 3 do not constitute a reduction of the effort for the controlor eradication of the pest concerned or, if there is a reduction, the reasonswhy the level of program detailed in item 3 constitutes a normal level of pestcontrol activity.
(5) A declaration as to whether, to the best of its knowledgeand belief, the conditions which in its view occasion the invoking of thecompact in the particular instance can be abated by a program undertaken withthe aid of moneys from the insurance fund in one year or less, or whether therequest is for an installment in a program which is likely to continue for alonger period of time.
(6) Such other information as the governing board may requireconsistent with the provisions of this compact.
(d) The governing board or executive committee shall give duenotice of any meeting at which an application for assistance from the insurancefund is to be considered. Such notice shall be given to the compactadministrator of each party state and to such other officers and agencies asmay be designated by the laws of the party states. The requesting state and anyother party state shall be entitled to be represented and present evidence andargument at such meeting.
(e) Upon the submission as required by paragraph (c) of thisArticle and such other information as it may have or acquire, and upondetermining that an expenditure of funds is within the purposes of this compactand justified thereby, the governing board or executive committee shallauthorize support of the program. The governing board or the executivecommittee may meet at any time or place for the purpose of receiving andconsidering an application. Any and all determinations of the governing boardor executive committee, with respect to an application, together with thereasons therefor shall be recorded and subscribed in such manner as to show andpreserve the votes of the individual members thereof.
(f) A requesting state which is dissatisfied with adetermination of the executive committee shall, upon notice in writing givenwithin twenty (20) days of the determination with which it is dissatisfied, beentitled to receive a review thereof at the next meeting of the governingboard. Determinations of the executive committee shall be reviewable only bythe governing board at one of its regular meetings, or at a special meetingheld in such manner as the governing board may authorize.
(g) Responding states required to undertake or increasemeasures pursuant to this compact may receive moneys from the insurance fund,either at the time or times when such state incurs expenditures on account ofsuch measures, or as reimbursement for expenses incurred and chargeable to theinsurance fund. The governing board shall adopt and, from time to time, mayamend or revise procedures for submission of claims upon it and for paymentthereof.
(h) Before authorizing the expenditure of moneys from theinsurance fund pursuant to an application of a requesting state, the insurancefund shall ascertain the extent and nature of any timely assistance orparticipation which may be available from the federal government and shallrequest the appropriate agency or agencies of the federal government for suchassistance and participation.
(i) The insurance fund may negotiate and execute a memorandumof understanding or other appropriate instrument defining the extent and degreeof 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 technicalcommittees composed of state, local and federal officials, and private personsto advise it with respect to any one or more of its functions. Any suchadvisory or technical committee, or any member or members thereof may meet withand participate in its deliberations. Upon request of the governing board orexecutive committee an advisory or technical committee may furnish informationand recommendations with respect to any application for assistance from theinsurance fund being considered by such board or committee and the board orcommittee may receive and consider the same; provided that any participant in ameeting of the governing board or executive committee held pursuant to ArticleVI(d) of the compact shall be entitled to know the substance of any suchinformation and recommendations, at the time of the meeting if made priorthereto, or as a part thereof or, if made thereafter, no later than the time atwhich the governing board or executive committee makes its disposition of theapplication.
Article VIII
Relations with Nonparty Jurisdictions
(a) A party state may make application for assistance fromthe insurance fund in respect of a pest in a nonparty state. Such applicationshall be considered and disposed of by the governing board or executivecommittee in the same manner as an application with respect to a pest within aparty state, except as provided in this Article.
(b) At or in connection with any meeting of the governingboard or executive committee held pursuant to Article VI(d) of this compact anonparty state shall be entitled to appear, participate, and receiveinformation only to such extent as the governing board or executive committeemay provide. A nonparty state shall not be entitled to review any determinationmade by the executive committee.
(c) The governing board or executive committee shallauthorize expenditures from the insurance fund to be made in a nonparty stateonly after determining that the conditions in such state and the value of suchexpenditures to the party states as a whole justify them. The governing boardor executive committee may set any conditions which it deems appropriate withrespect to the expenditure of moneys from the insurance fund in a nonpartystate and may enter into such agreement or agreements with nonparty states andother jurisdictions or entities as it may deem necessary or appropriate toprotect the interests of the insurance fund with respect to expenditures andactivities outside of party states.
Article IX
Finance
(a) The insurance fund shall submit to the executive head ordesignated officer or officers of each party state a budget for the insurancefund for such period as may be required by the laws of that party state forpresentation to the legislature thereof.
(b) Each of the budgets shall contain specificrecommendations of the amount or amounts to be appropriated by each of theparty states. The requests for appropriations shall be apportioned among theparty states as follows: one-tenth (1/10) of the total budget in equal sharesand the remainder in proportion to the value of agricultural and forest cropsand products, excluding animals and animal products, produced in each partystate. In determining the value of such crops and products the insurance fundmay employ such source or sources of information as in its judgment present themost equitable and accurate comparisons among the party states. Each of thebudgets and requests for appropriations shall indicate the source or sourcesused in obtaining information concerning the value of products.
(c) The financial assets of the insurance fund shall bemaintained in two (2) accounts to be designated respectively as the "OperatingAccount" and the "Claims Account". The operating account shall consist only ofthose assets necessary for the administration of the insurance fund during thenext ensuing two (2) year period. The claims account shall contain all moneysnot included in the operating account and shall not exceed the amountreasonably estimated to be sufficient to pay all legitimate claims on theinsurance fund for a period of three (3) years. At any time when the claimsaccount has reached its maximum limit or would reach its maximum limit by theaddition of moneys requested for appropriation by the party states, thegoverning board shall reduce its budget requests on a pro rata basis in suchmanner as to keep the claims account within such maximum limit. Any moneys inthe claims account by virtue of conditional donations, grants or gifts shall beincluded in calculations made pursuant to this paragraph only to the extentthat such moneys are available to meet demands arising out of claims.
(d) The insurance fund shall not pledge the credit of anyparty state. The insurance fund may meet any of its obligations in whole or inpart with moneys available to it under Article IV(g) of this compact, providedthat the governing board takes specific action setting aside such moneys priorto 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 underArticle IV(g) hereof, the insurance fund shall not incur any obligation priorto the allotment of moneys by the party states adequate to meet the same.
(e) The insurance fund shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the insurancefund shall be subject to the audit and accounting procedures established underits bylaws. However, all receipts and disbursements of funds handled by theinsurance fund shall be audited yearly by a certified or licensed publicaccountant, and a report of the audit shall be included in and become part ofthe annual report of the insurance fund.
(f) The accounts of the insurance fund shall be open at anyreasonable time for inspection by duly authorized officers of the party statesand 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 lawby any five (5) or more states. Thereafter, this compact shall become effectiveas to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact byenacting a statute repealing the same, but no such withdrawal shall take effectuntil two (2) years after the executive head of the withdrawing state has givennotice in writing of the withdrawal to the executive heads of all other partystates. No withdrawal shall affect any liability already incurred by orchargeable 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 effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate participating herein, the compact shall remain in full force and effectas to the remaining party states and in full force and effect as to the stateaffected as to all severable matters.