N.Y. Agriculture & Markets Law § 149: Enactment of compact

§ 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.