§ 981.
ADOPTION OF COMPACT
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:
(1) In the absence of the higher degree of cooperation
among them possible under this compact, the annual loss of approximately
137 billion dollars from the depredations of pests is virtually certain
to continue, if not to increase.
(2) Because of the 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.
(3) 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.
(4) 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 crops
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 interest, 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:
(1) "Executive committee" means the committee established
pursuant to Article V (e) of this compact.
(2) "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.
(3) "Insurance Fund" means the Pest Control Insurance
Fund established pursuant to this compact.
(4) "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.
(5) "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.
(6) "Responding state" means a state requested to
undertake or intensify the measures referred to in subdivision (5) of
this Article.
(7) "State" means a state, territory or possession of the
United States, the District of Columbia, and the Commonwealth of Puerto
Rico.
Article III
The Insurance
Fund.
There is hereby established a 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 the 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 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 is 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 chair, a vice chair, a secretary and a treasurer.
The chair may not succeed himself or herself. 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 chair, in accordance with such
procedures as the bylaws may provide, shall appoint, remove or discharge
such personnel as may be necessary for the performance of the functions
of the insurance fund and shall fix the duties and compensation of such
personnel. The governing board in its bylaws shall provide for the
personnel policies and programs of the insurance fund.
(f) The insurance fund may borrow, accept or contract for
the services of personnel from any state, the United States, or any
other governmental agency, or from any person, firm, association, or
corporation.
(g) The insurance fund may accept for any of its purposes
and functions under this compact any and all donations, and grants of
money, equipment, supplies, materials, and services, conditional or
otherwise, from any state, the United States, or any other governmental
agency, or from any person, firm, association, or corporation, and may
receive, utilize and dispose of the same. Any donation, gift, or grant
accepted by the governing board pursuant to this paragraph or services
borrowed pursuant to subsection (h) 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 to rescind these bylaws. The insurance fund shall publish
its bylaws in convenient form and shall file a copy thereof and a copy
of any amendment thereto with the appropriate agency or officer in each
of the party states.
(i) The insurance fund annually shall make to the
Governor and legislature of each party state a report covering its
activities for the preceding year. The insurance fund may make such
additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically
authorized and imposed, the insurance fund may do such other things as
are necessary and incidental to the conduct of its affairs pursuant to
this compact.
Article V
Compact and
Insurance Fund Administration.
(a) In each party state there shall be a compact
administrator, who shall be selected and serve in such manner as the
laws of his state may provide, and who shall:
(1) Assist in the coordination of activities pursuant to
the compact in his state; and
(2) Represent his state on the governing board of the
insurance fund.
(b) If the laws of the United States specifically so
provide, or if administrative provision is made therefore 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 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 chair, 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
chair 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 chair of
the governing board shall be chair 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 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
therefore, 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 subdivision
(3)
constitutes a normal level of pest control activity.
(5) A declaration as to whether, to the best of its
knowledge and belief, the conditions which in its view occasion the
invoking of the compact in the particular instance can be abated by a
program undertaken with the aid of moneys from the insurance fund in one
year or less, or whether the request is for an installment in a program
which is likely to continue for a longer period of time.
(6) Such other information as the governing board may
require consistent with the provisions of this compact.
(d) The governing board or executive committee shall give
due notice of any meeting at which an application for assistance from
the insurance fund is to be considered. Such notice shall be given to
the compact administrator of each party state and to such other officers
and agencies as may be designated by the laws of the party states. The
requesting state and any other party state shall be entitled to be
represented and present evidence and argument at such meeting.
(e) Upon the submission as required by 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
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 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 insurance
fund, either at the time or times when such state incurs expenditures on
account of such measures, or as reimbursement for expenses incurred and
chargeable to the insurance fund. The governing board shall adopt and,
from time to time, may amend or revise procedures for submission of
claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the
insurance fund pursuant to an application of a requesting state, the
insurance fund shall ascertain the extent and nature of any timely
assistance or participation which may be available from the federal
government and shall request the appropriate agency or agencies of the
federal government for such assistance and participation.
(i) The insurance fund may negotiate and execute a
memorandum of understanding or other appropriate instrument defining the
extent and degree of assistance or participation between and among the
insurance fund, cooperating federal agencies, states, and any other
entities concerned.
Article VII
Advisory and Technical Committees.
The governing board may establish advisory and technical
committees composed of state, local, and federal officials, and private
persons to advise it with respect to any one or more of its functions.
Any such advisory or technical committee, or any member or members
thereof may meet with and participate in its deliberations upon request
of the governing board or executive committee. An advisory or technical
committee may furnish information and recommendations with respect to
any application for assistance from the insurance fund being considered
by such Board or Committee and the Board or Committee may receive and
consider the same: provided that any participant in a meeting of the
governing board or executive committee held pursuant to Article VI (d)
of the compact shall be entitled to know the substance of any such
information and recommendations, at the time of the meeting if made
prior thereto or as a part thereof or, if made thereafter, no later than
the time at which the governing board or executive committee makes its
disposition of the application.
Article VIII
Relations with
Nonparty Jurisdictions.
(a) A party state may make application for assistance
from the insurance fund in respect of a pest in a nonparty state. Such
application shall be considered and disposed of by the governing board
or executive committee in the same manner as an application with respect
to a pest within a party state, except as provided in this Article.
(b) At or in connection with any meeting of the governing
board or executive committee held pursuant to Article VI (d) of this
compact a nonparty state shall be entitled to appear, participate, and
receive information only to such extent as the governing board or
executive committee may provide. A nonparty state shall not be entitled
to review of any determination made by the executive committee.
(c) The governing board or executive committee shall
authorize expenditures from the insurance fund to be made in a nonparty
state only after determining that the conditions in such state and the
value of such expenditures to the party states as a whole justify them.
The governing board or executive committee may set any conditions which
it deems appropriate with respect to the expenditure of moneys from the
insurance fund in a nonparty state and may enter into such agreement or
agreements with nonparty states and other jurisdictions or entities as
it may deem necessary or appropriate to protect the interests of the
insurance fund with respect to expenditures and activities outside of
party states.
Article IX
Finance.
(a) The insurance fund shall submit to the executive head
or designated officer or officers of each party state a budget for the
insurance fund for such period as may be required by the laws of that
party state for a 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 request for appropriations shall be apportioned
among the party states as follows: one-tenth of the total budget in
equal shares and the remainder in proportion to the value of
agricultural and forest crops and products, excluding animals and animal
products, produced in each party state. In determining the value of such
crops and products the insurance fund may employ such source or sources
of information as in its judgment present the most equitable and
accurate comparisons among the party states. Each of the budgets and
requests for appropriations shall indicate the source or sources used in
obtaining information concerning value of products.
(c) The financial assets of the insurance fund shall be
maintained in two accounts to be designated respectively as the
"operating account" and the "claims account." The operating
account
shall consist only of those assets necessary for the administration of
the insurance fund during the next ensuing two-year period. The claims
account shall contain all moneys not included in the operating account
and shall not exceed the amount reasonably estimated to be sufficient to
pay all legitimate claims on the insurance fund for a period of three
years. At any time when the claims account has reached its maximum limit
or would reach its maximum limit by the addition of moneys requested for
appropriation by the party states, the governing board shall reduce its
budget requests on a pro rata basis in such manner as to keep the claims
account within such maximum limit. Any moneys in the claims account by
virtue of conditional donations, grants, or gifts shall be included in
calculations made pursuant to this paragraph only to the extent that
such moneys are available to meet demands arising out of the claims.
(d) The insurance fund shall not pledge the credit of any
party state. The insurance fund may meet any of its obligations in whole
or in part with moneys available to it under Article IV (g) of this
compact, provided that the governing board take specific action setting
aside such moneys prior to incurring any obligation to be met in whole
or in part in such manner. Except where the insurance fund makes use of
moneys available to it under Article IV (g) hereof, the insurance fund
shall not incur any obligation prior to the allotment of moneys by the
party states adequate to meet the same.
(e) The insurance fund shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements of the
insurance fund shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and disbursements of
funds handled by the insurance fund shall be audited yearly by a
certified or licensed public accountant and report of the audit shall be
included in and become part of the annual report of the insurance fund.
(f) The accounts of the insurance fund shall be open at
any reasonable time for inspection by duly authorized officers of the
party states and by any persons authorized by the insurance fund.
Article X
Entry Into Force and
Withdrawal.
(a) This compact shall enter into force when enacted into
law by any five or more states. Thereafter, this compact shall become
effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal shall take
effect until two years after the executive head of the withdrawing state
has given notice in writing of the withdrawal to the executive heads of
all other party states. No withdrawal shall affect any liability already
incurred by or chargeable to a party state prior to the time of such
withdrawal.
Article XI
Construction and
Severability.
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or 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.
§ 982. COOPERATION OF STATE AGENCIES WITH INSURANCE
FUND
Consistent with law and within available appropriations, the
departments, agencies and officers of this state may cooperate with the
insurance fund established by the Pest Control compact.
§ 983. FILING OF BYLAWS
ABD AMENDMENTS
Pursuant to 6 V.S.A. § 981. Article IV (h) of the
compact, copies of bylaws and
amendments thereto shall be filed with the agency of agriculture, food
and markets.
§ 984. COMPACT
ADMINISTRATOR
The compact administrator for this state shall be the
secretary of Agriculture, food and markets or a designated
representative. The duties of the compact administrator shall be
deemed a regular part of the duties of the secretary's office.
§ 985. REQUEST FOR
ASSISTANCE FROM INSURANCE FUND
Within the meaning 6 V.S.A. § 981. of Article VI (b) or VIII (a), a request or
application for assistance from the insurance fund may be made by the
secretary of agriculture, food and markets or designee 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.
§ 986. CREDIT FOR EXPENDITURES
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 or her
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.
§ 987. EXECUTIVE
HEAD
As used in this compact, with reference to this state, the term
“executive head” shall mean the Governor.
