Chapter 344

2006 -- S 2989 SUBSTITUTE A

Enacted 07/07/06

A N A C T

RELATING TO AGRICULTURE AND FORESTRY - INTERSTATE PEST CONTROL COMPACT

Introduced By: Senators Sosnowski, Breene, C Levesque, Polisena, and Gibbs

Date Introduced: April 04, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 16.1

INTERSTATE PEST CONTROL COMPACT

2-16.1-1. Short title. -- This chapter may be cited as the "Interstate Pest Control

Compact."

2-16.1--2. Compact enacted. -- The Interstate Compact on pest control is hereby enacted

into law and entered into with all other jurisdictions in form substantially as follows:

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 one hundred thirty-seven billion dollars

($137,000,000,000) 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.

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, 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.

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, 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.

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, and 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 service 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 this 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 (3) 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.

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 (4) additional members of the governing board chosen by it so that there shall be one

member representing each of the four (4) 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 (4) members of such

committee are present and vote in favor thereof. Necessary expenses of each of the five (5)

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 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.

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 (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 any determination made

by the executive committee.

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 (1/10) 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 the value of products.

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 (2) 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 (3) 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 (5) 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 (2) 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.

2-16.1-3. Cooperation. -- 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.

2-16.1-4. Filing of bylaws. -- Pursuant to Article IV (h) of the compact, copies of

bylaws and amendments thereto shall be filed with the secretary of state of Rhode Island.

2-16.1-5. Compact administrator. -- The compact administrator for this state shall be

the director of the department of environmental management. The duties of the compact

administrator are deemed a regular part of the duties of the department.

2-16.1-6. Request for assistance. -- Within the meaning of subdivision (b) of Article VI

or subdivision (a) of Article VIII of this compact, a request or application for assistance from the

insurance fund may be made by the compact administrator, 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 a request.

2-16.1-7. Expenditures. -- The state 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.

2-16.1-8. Executive head for Rhode Island. -- As used in this compact, with reference

to this state, the term "executive head" shall mean the governor.

SECTION 2. This act shall take effect upon passage.

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LC02893/SUB A

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