§ 981. Adoption of compact
The Pest Control Compact is hereby enacted into law and entered into with all other
jurisdictions legally joining the Compact 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 monies 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 each 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 is 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 or her duties and
his or her 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 subsection or services borrowed pursuant to subsection (h) of this
article shall be reported in the annual report of the Insurance Fund. The 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 a 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 the state may provide, and who shall:
(1) assist in the coordination of activities pursuant to the compact in the state; and
(2) represent the 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 a number 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 monies 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 the 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
monies 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 subdivision (3)
of this subsection 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) of this subsection 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 monies 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 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 monies 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 monies 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 monies 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
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 monies 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 monies
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 monies in the claims account by virtue of conditional
donations, grants, or gifts shall be included in calculations made pursuant to this
subsection only to the extent that such monies 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 monies available to it under
Article IV(g) of this compact, provided that the Governing Board take specific action
setting aside such monies prior to incurring any obligation to be met in whole or
in part in such manner. Except where the Insurance Fund makes use of monies available
to it under Article IV(g) hereof, the Insurance Fund shall not incur any obligation
prior to the allotment of monies 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
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. (Added 2009, No. 8, § 2; amended 2013, No. 142 (Adj. Sess.), § 83; 2015, No. 23, § 141; 2021, No. 105 (Adj. Sess.), § 97, eff. July 1, 2022.)