2016 North Dakota Century Code Title 4 Agriculture Chapter 4-32 Interstate Pest Control Compact
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CHAPTER 4-32
INTERSTATE PEST CONTROL COMPACT
4-32-01. Enactment of Interstate Compact on Pest Control.
The Interstate Compact on Pest Control is hereby enacted into law and entered into by this
state with all other states legally joining therein in the form substantially as follows:
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 seven billion dollars from the depredations
of pests is virtually certain to continue, if not to increase.
2. 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.
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 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:
1. "State" means a state, territory, or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
2. "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.
3. "Responding state" means a state requested to undertake or intensify the measures
referred to in subdivision 2 of this article.
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. "Insurance fund" means the pest control insurance fund established pursuant to this
compact.
6. "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.
7. "Executive committee" means the committee established pursuant to subdivision 5 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 OPERATION AND MANAGEMENT
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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.
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.
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.
The governing board shall elect annually, from among its members, a chairman, a vice
chairman, a secretary and a treasurer. The chairman may not serve successive terms.
The governing board may appoint an executive director and fix the executive director's
duties and 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.
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.
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, corporation, or limited liability company.
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, corporation, or limited
liability company 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 6 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.
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.
The insurance fund annually shall make to the governor and legislative assembly 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.
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
In each party state there shall be a compact administrator, who shall be selected and
serve in such manner as the laws of the compact administrator's state may provide,
and who shall:
(a) Assist in the coordination of activities pursuant to the compact in the compact
administrator's state; and
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Represent the compact administrator's state on the governing board of the
insurance fund.
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.
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.
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.
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
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:
(a) 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.
(b) 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.
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.
In order to apply for expenditures from the insurance fund, a requesting state shall
submit the following in writing:
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A detailed statement of the circumstances which occasion the request for the
invoking of the compact.
(b) 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.
(c) 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.
(d) Proof that the expenditures being made or budgeted as detailed in item c 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 c constitutes a normal level of pest control activity.
(e) 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.
(f) Such other information as the governing board may require consistent with the
provisions of this compact.
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.
Upon the submission as required by paragraph 3 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.
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.
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 the 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.
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.
The insurance fund may negotiate and execute a memorandum of understanding or
other appropriate instrument defining the extent and degree of assistance or
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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 4 of Article VI of the compact shall be entitled to know the substances 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
1. 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.
2. At or in connection with any meeting of the governing board or executive committee
held pursuant to paragraph 4 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.
3. 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
1. 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 state for presentation to the legislative assembly thereof.
2. 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.
3. 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
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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.
4. 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 7 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 7 of Article IV hereof, the insurance fund shall
not incur any obligation prior to the allotment of moneys by the party states adequate
to meet the same.
5. 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.
6. 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
1. 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.
2. 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.
4-32-02. Cooperation with insurance fund.
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.
4-32-03. Filing bylaws.
Pursuant to subdivision 8 of Article IV of the compact, copies of bylaws and amendments
thereto must be filed with the governor and the agriculture commissioner.
4-32-04. Compact administrator.
The compact administrator for this state is the agriculture commissioner. The duties of the
compact administrator are deemed a regular part of the duties of the office.
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4-32-05. Applications for assistance.
Within the meaning of subdivision 2 of Article VI or subdivision 1 of Article VIII, a request or
application for assistance from the insurance fund may be made by the governor and the
agriculture commissioner, whenever in their 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.
4-32-06. Service of notices.
The notices provided for by subdivision 4 of Article VI of the compact shall be delivered,
under the terms of the compact, to the governor and the agriculture commissioner.
4-32-07. Funding programs.
The department, agency, or officer expending or becoming liable for an expenditure on
account of a control or an eradication program undertaken or intensified pursuant to the
compact shall have credited to an operating fund 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.
4-32-08. Executive head defined.
As used in the compact, with reference to this state, the term "executive head" means the
governor.
4-32-09. Effective date.
Repealed by S.L. 2011, ch. 54, ยง 15.
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