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SECTION 149
Enactment of compact
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 11
§ 149. Enactment of compact. 1. 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
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 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 (a) of article VI of
this compact.

(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
subdivision (e) of article V 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 on the governing board are cast in favor thereof. Action of the
governing board shall be only at a meeting at which a majority of the
members are present.

(c) The insurance fund shall have a seal which may be employed as an
official symbol and which may be affixed to documents and otherwise used
as the governing board may provide.

(d) The governing board shall elect annually, from among its members,
a chairman, a vice chairman, a secretary and a treasurer. The chairman
may not succeed himself. The governing board may appoint an executive
director and fix his duties and his compensation, if any. Such executive
director shall serve at the pleasure of the governing board. The
governing board shall make provision for the bonding of such of the
officers and employees of the insurance fund as may be appropriate.

(e) Irrespective of the civil service, personnel or other merit system
laws of any of the party states, the executive director, or if there be
no executive director, the chairman, in accordance with such procedures
as the bylaws may provide, shall appoint, remove or discharge such
personnel as may be necessary for the performance of the functions of
the insurance fund and shall fix the duties and compensation of such
personnel. The governing board in its bylaws shall provide for the
personnel policies and programs of the insurance fund.

(f) The insurance fund may borrow, accept or contract for the services
of personnel from any state, the United States, or any other
governmental agency, or from any person, firm, association or
corporation.

(g) The insurance fund may accept for any of its purposes and
functions under this compact any and all donations, and grants of money,
equipment, supplies, materials and services, conditional or otherwise,
from any state, the United States, or any other governmental agency, or
from any person, firm, association or corporation, and may receive,
utilize and dispose of the same. Any donation, gift or grant accepted by
the governing board pursuant to this subdivision or services borrowed
pursuant to subdivision (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 or her
state may provide, and who shall:

1. Assist in the coordination of activities pursuant to the compact in
his or her state; and

2. Represent his or her 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 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 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
paragraph three of this subdivision 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 three of this subdivision 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 subdivision (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 twenty
days of the determination with which it is dissatisfied, be entitled to
receive a review thereof at the next meeting of the governing board.
Determinations of the executive committee shall be reviewable only by
the governing board at one of its regular meetings, or at a special
meeting held in such manner as the governing board may authorize.

(g) Responding states required to undertake or increase measures
pursuant to this compact may receive moneys from the insurance fund,
either at the time or times when such state incurs expenditures on
account of such measures, or as reimbursement for expenses incurred and
chargeable to the insurance fund. The governing board shall adopt and,
from time to time, may amend or revise procedures for submission of
claims upon it and for payment thereof.

(h) Before authorizing the expenditure of moneys from the insurance
fund pursuant to an application of a requesting state, the insurance
fund shall ascertain the extent and nature of any timely assistance or
participation which may be available from the federal government and
shall request the appropriate agency or agencies of the federal
government for such assistance and participation.

(i) The insurance fund may negotiate and execute a memorandum of
understanding or other appropriate instrument defining the extent and
degree of assistance or participation between and among the insurance
fund, cooperating federal agencies, states and any other entities
concerned.

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 subdivision (d)
of article VI of this 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 subdivision (d) of article VI 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 subdivision 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 subdivision (g) of article IV of this
compact, provided that the governing board takes specific action setting
aside such moneys prior to incurring any obligation to be met in whole
or in part in such manner. Except where the insurance fund makes use of
moneys available to it under subdivision (g) of article IV of this
compact, 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

(a) 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.

(b) The compact administrator for this state shall be the commissioner
who shall be authorized within the meaning of subdivision (b) of article
VI or subdivision (a) of article VIII of this compact, to request
assistance from the insurance fund whenever in his or her judgment the
conditions qualifying this state for such assistance exist and it would
be in the best interest of this state to make such request.

(c) Within available appropriations, the departments, agencies and
officers of the state may assist the commissioner in administration of
the pest control compact.

(d) Pursuant to subdivision (h) of article IV of this compact, copies
of bylaws and amendments thereto shall be filed with the secretary of
state.