act-1967-0-251•Pennsylvania Act 1967-251 — "PEST CONTROL COMPACT"
Act text
"PEST CONTROL COMPACT"
Act of Nov. 21, 1967, P.L. 517, No. 251 Cl. 03
AN ACT
Providing for the entry of the Commonwealth into a compact with
other states relating to pest control.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 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 of 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 (b) of this
article.
(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 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
(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 paragraph or services borrowed
pursuant to paragraph (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 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 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 border 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 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.
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 paragraph (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
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 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 paragraph 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 Article IV
(g) 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 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 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.
Section 2. 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.
Section 3. Pursuant to Article IV (h) of the compact, copies
of bylaws and amendments thereto shall be filed with the
Department of Agriculture.
Section 4. The compact administrator for this State shall be
the Secretary of Agriculture. The duties of the compact
administrator shall be deemed a regular part of the duties of
his office.
Section 5. 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 Governor whenever in his judgemnt the
conditions qualifying this State for such assistance exist and
it would be in the best interest of this State to make such
request.
Section 6. 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 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.
Section 7. As used in the compact, with reference to this
State, the term "executive head" shall mean the Governor.
Section 8. This act shall take effect immediately.
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