The pest control compact is hereby enacted into law and entered into with all other jurisdiction legally joining therein in the form substantially as follows:
ARTICLE I
FINDINGS
The party states find that:
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.
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.
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.
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:
"State" means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
"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.
"Responding state" means a state request to undertake or intensify the measures referred to in subdivision (2) of this Article.
"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.
"Insurance Fund" means the Pest Control Insurance Fund established pursuant to this compact.
"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.
"Executive Committee" means the committee established pursuant to Article V(E) of this compact.
ARTICLE III
THE INSURANCE FUND
There is hereby established the Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The Insurance Fund shall contain 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
ARTICLE V
COMPACT AND INSURANCE FUND ADMINISTRATION
Assist in the coordination of activities pursuant to the compact in his state; and
Represent his state on the Governing Board of the Insurance Fund.
ARTICLE VI
ASSISTANCE AND REIMBURSEMENT
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.
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.
A detailed statement of the circumstances which occasion the request for the invoking of the compact.
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.
A statement of the extent of the present and projected program of the requesting state and its subdivision, 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.
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.
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.
Such other information as the Governing Board may require consistent with the provisions of this compact.
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
ARTICLE IX
FINANCE
ARTICLE X
ENTRY INTO FORCE AND 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.
[ 1969 ex.s. c 130 § 1; ]
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.
[ 1969 ex.s. c 130 § 2; ]
Pursuant to Article IV(H) of the compact, copies of bylaws and amendments thereto shall be filed with the code reviser's office.
[ 1969 ex.s. c 130 § 3; ]
The compact administrator for this state shall be the director of agriculture. The duties of the compact administrator shall be deemed a regular part of his or her office.
[ 2011 c 336 § 471; 1969 ex.s. c 130 § 4; ]
Within the meaning of Article VI(B) or VIII(A), a request or application for assistance from the insurance fund may be made by the director of agriculture 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.
[ 2011 c 336 § 472; 1969 ex.s. c 130 § 5; ]
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.
[ 2011 c 336 § 473; 1969 ex.s. c 130 § 6; ]
As used in the compact, with reference to this state, the term "executive head" shall mean the director of agriculture.
[ 1969 ex.s. c 130 § 7; ]