CHAPTER 4.5. PEST CONTROL COMPACT
IC 14-24-4.5
Chapter 4.5. Pest Control Compact
IC 14-24-4.5-1
Enactment; findings
Sec. 1. (a) The pest control compact is enacted and entered intowith all other jurisdictions legally joining the compact in the formsubstantially as follows in this chapter.
(b) The party states find the following:
(1) In the absence of the higher degree of cooperation amongthe party states possible under this compact, the annual loss ofapproximately one hundred thirty-seven billion dollars($137,000,000,000) from the depredations of pests is virtuallycertain to continue, if not to increase.
(2) Because of the varying climatic, geographic, and economicfactors, each state may be affected differently by particularspecies of pests. However, all states share the inability toprotect themselves fully against the pests that present seriousdangers.
(3) The migratory character of pest infestations makes itnecessary for states to complement each other's activities whenfaced with conditions of infestation and reinfestation.
(4) While every state is seriously affected by a substantialnumber of pests, and every state is susceptible to infestation bymany species of pests not causing damage to its crops, plantlife, and products, the fact that relatively few species of pestspresent equal danger to, or are of interest to, all states makes theestablishment and operation of a fund from which individualstates may obtain financial support for pest control programs ofbenefit to them in other states and to which they may contributein accordance with their relative interest, the most equitablemeans of financing cooperative pest eradication and controlprograms.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-2
Definitions
Sec. 2. As used in this chapter:
(1) "State" means a state, territory, or possession of the UnitedStates, the District of Columbia, and the Commonwealth ofPuerto Rico.
(2) "Requesting state" means a state that invokes the proceduresof the compact to secure the undertaking or intensification ofmeasures to control or eradicate one (1) or more pests withinone (1) or more other states.
(3) "Responding state" means a state requested to undertake orintensify the measures referred to in subdivision (2).
(4) "Pest or pathogen" means an invertebrate animal, apathogen, a parasitic plant, or a similar or an allied organismthat can cause disease or damage in any crop, tree, shrub, grass,
or other plant of substantial value.
(5) "Fund" means the pest control insurance fund established bysection 3 of this chapter.
(6) "Governing board" means the administrators of the compactrepresenting all the party states when the administrators act asa body under authority vested in the administrators by thecompact.
(7) "Executive committee" means the committee establishedunder section 5(e) of this chapter.
(8) "Compact" refers to the pest control compact enacted undersection 1(a) of this chapter.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-3
Fund established
Sec. 3. The pest control insurance fund is established to financeother than normal pest control operations that states may be calledupon to engage in under the compact. The fund consists of moneyappropriated to the fund by the party states and any donations andgrants accepted by the fund. All appropriations, except asconditioned by the rights and obligations of party states expressly setforth in the compact, must be unconditional and may not be restrictedby the appropriating state to use in the control of a specified pest orpests. Donations and grants may be conditional or unconditional.However, the fund may not accept any donation or grant whose termsare inconsistent with the compact.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-4
Administration of fund; members; seal; elections; personnel;bylaws; report
Sec. 4. (a) The fund shall be administered by the governing boardand executive committee as provided in this chapter. The actions ofthe governing board and the executive committee under the compactare considered the actions of the fund.
(b) The members of the governing board are entitled to one (1)vote on the board. Action of the governing board is not bindingunless taken at a meeting at which a majority of the total number ofvotes on the governing board is cast in favor of the proposed action.Action of the governing board may be only at a meeting at which amajority of the members is present.
(c) The fund shall have a seal that may be employed as an officialsymbol and that may be affixed to documents and used as thegoverning board provides.
(d) The governing board shall elect annually, from among itsmembers, a chairperson, a vice chairperson, a secretary, and atreasurer. The chairperson may not serve consecutive terms. Thegoverning board may appoint an executive director and fix theexecutive director's duties and compensation, if any. The executivedirector shall serve at the pleasure of the governing board. The
governing board shall provide for the bonding of the officers andemployees of the fund as is appropriate.
(e) Notwithstanding the civil service, personnel, or other meritsystem laws of any of the party states, the executive director, or ifthere is not an executive director, the chairperson, in accordance withthe procedures the bylaws provide, shall appoint, remove, ordischarge any personnel as is necessary to perform the functions ofthe fund and shall fix the duties and compensation of any personnel.The governing board in its bylaws shall provide for the personnelpolicies and programs of the fund.
(f) The fund may borrow, accept, or contract for the services ofpersonnel from any state, the United States, or any othergovernmental agency or from any person, firm, association, orcorporation.
(g) The fund may accept for purposes of the fund or functionsunder this compact donations, grants, equipment, supplies, materials,and services, conditional or otherwise, from any state, the UnitedStates, or any other governmental agency, or from any person, firm,association, or corporation and may receive, use, and dispose of thesame. A donation, gift, or grant accepted by the governing boardunder this subsection or services borrowed under subsection (f) shallbe reported in the annual report of the fund. The annual report mustinclude the nature, amount, and conditions, if any, of the donation,gift, or grant or services borrowed and the identity of the donor orlender.
(h) The governing board shall adopt bylaws for the conduct of thebusiness of the fund and may amend and rescind these bylaws. Thefund shall publish the bylaws of the fund in convenient form andshall file a copy of the bylaws and a copy of any amendment to thebylaws with the appropriate agency or officer in each of the partystates.
(i) The fund annually shall make to the governor and legislatureof each party state a report covering the fund's activities for thepreceding year. The fund may make additional reports it considersdesirable. The report to the legislature under this subsection must bein an electronic format under IC 5-14-6.
(j) The fund may do other things as are necessary and incidentalto the conduct of the fund's affairs under the compact.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-5
State compact administrator; meetings; applications; executivecommittee
Sec. 5. (a) Each party state must have a compact administratorwho shall be selected and serve in a manner as the laws of the partystate may provide and who shall:
(1) assist in the coordination of activities under the compact inthe compact administrator's state; and
(2) represent the compact administrator's state on the governingboard of the fund. (b) If the laws of the United States specifically provide, or if anadministrative provision is made within the federal government, theUnited States may be represented on the governing board by notmore than three (3) representatives. A representative of the UnitedStates shall be appointed and serve in a manner as provided byfederal law, but the representative may not vote on the governingboard or the executive committee.
(c) The governing board shall meet at least once each year todetermine policies and procedures in the administration of the fundand, consistent with the compact, supervise and give direction to theexpenditure of money from the fund. Additional meetings of thegoverning board shall be held on call of the chairperson, theexecutive committee, or a majority of the governing board.
(d) When the governing board meets, it shall act upon applicationsfor assistance from the fund and authorize disbursements from thefund. When the governing board is not meeting, the executivecommittee shall act as agent of the governing board, with fullauthority to act for the governing board in acting upon theapplications for assistance.
(e) The executive committee consists of the chairperson of thegoverning board and four (4) additional members of the governingboard chosen by the governing board so that one (1) memberrepresents each of four (4) geographic groupings of party states. Thegoverning board shall make the geographic groupings. If there isrepresentation of the United States on the governing board, one (1)United States representative may meet with the executive committee.The chairperson of the governing board shall be chairperson of theexecutive committee. An action of the executive committee is notbinding unless taken at a meeting at which at least four (4) membersof the executive committee are present and vote in favor of theaction. Necessary expenses of each of the five (5) members of theexecutive committee incurred in attending meetings of the executivecommittee, when not held at the same time and place as a meeting ofthe governing board, are charges against the fund.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-6
Efforts to control pests and pathogens; applications; appeals;payment of claims
Sec. 6. (a) Each party state pledges to each other party state thatthe party state will employ its best efforts to eradicate, or controlwithin the strictest practicable limits, all pests or pathogens. Theperformance of this responsibility involves the following:
(1) The maintenance of pest control and eradication activitiesof interstate significance by a party state at a level that would bereasonable for the party state's own protection in the absence ofthe compact.
(2) The meeting of emergency outbreaks or infestations ofinterstate significance to not less an extent than would havebeen done in the absence of the compact. (b) Whenever a party state is threatened by a pest or pathogen notpresent within its borders but present within another party state, orwhenever a party state is undertaking or engaged in activities for thecontrol or eradication of a pest or pathogen and finds that control oreradication activities are or would be impracticable or substantiallymore difficult to accomplish because of failure of another party stateto cope with infestation or threatened infestation, that state mayrequest the governing board to authorize expenditures from the fundfor eradication or control measures to be taken by one (1) or more ofthe other party states at a level sufficient to prevent, or to reduce tothe greatest practicable extent, infestation or reinfestation of therequesting state. Upon the governing board's authorization, theresponding state or states shall take or increase any eradication orcontrol measures warranted. A responding state shall use moneyavailable from the fund expeditiously and efficiently to assist inproviding the protection requested.
(c) To apply for expenditures from the fund, a requesting stateshall submit the following in writing:
(1) A detailed statement of the circumstances that occasion therequest to invoke the compact.
(2) Evidence that the pest or pathogen on account of whoseeradication or control assistance is requested constitutes adanger to an agricultural or a forest crop, product, tree, shrub,grass, or other plant having a substantial value to the requestingstate.
(3) A statement of the extent of the present and projectedprogram of the requesting state and its subdivisions, includingfull information as to the legal authority for the conduct of theprogram or programs and the expenditures being made orbudgeted for the program or programs, in connection with theeradication, control, or prevention of introduction of the pest orpathogen concerned.
(4) Proof that the expenditures being made or budgeted asdetailed in subdivision (3) do not constitute a reduction of theeffort for the control or eradication of the pest or pathogenconcerned or, if there is a reduction, the reasons why the levelof program detailed in subdivision (3) constitutes a normal levelof pest control activity.
(5) A declaration as to whether, to the best of its knowledge andbelief, the conditions that the requesting state believes requirethe invoking of the compact in the particular instance can beabated by a program undertaken with the aid of money from thefund in one (1) year or less, or whether the request is for aninstallment in a program that is likely to continue for a longerperiod.
(6) Other information the governing board requires consistentwith the compact.
(d) The governing board or executive committee shall give duenotice of any meeting at which an application for assistance from thefund is to be considered. The notice shall be given to the compact
administrator of each party state and to the other officers andagencies as may be designated by the laws of the party states. Therequesting state and any other party state are entitled to berepresented and present evidence and argument at the meeting.
(e) Upon the submission as required by subsection (c) and anyother information that the governing board has or acquires, and upondetermining that an expenditure of funds is within the purposes ofand justified by the compact, the governing board or executivecommittee shall authorize support of the program. The governingboard or executive committee may meet at any time or place toreceive and consider an application. All determinations of thegoverning board or executive committee, with respect to anapplication, together with the reasons for the determination shall berecorded and subscribed in a manner that shows and preserves thevotes of the individual members of the board or committee.
(f) A requesting state that is dissatisfied with a determination ofthe executive committee, upon notice in writing given within twenty(20) days of the determination with which it is dissatisfied, is entitledto receive a review of the determination at the next meeting of thegoverning board. Determinations of the executive committee arereviewable only by the governing board at one (1) of its regularmeetings or at a special meeting held in a manner the governingboard authorizes.
(g) Responding states required to undertake or increase measuresunder the compact may receive money from the fund, either at thetime or times when the state incurs expenditures because of themeasures, or as reimbursement for expenses incurred and chargeableto the fund. The governing board shall adopt and may amend orrevise procedures for submission and payment of claims from thefund.
(h) Before authorizing the expenditure of money from the fundunder an application of a requesting state, the fund shall ascertain theextent and nature of any timely assistance or participation that isavailable from the federal government and shall request theappropriate agency or agencies of the federal government for anyavailable assistance and participation.
(i) The fund may negotiate and execute a memorandum ofunderstanding or other appropriate instrument defining the extent anddegree of assistance or participation between and among the fund,cooperating federal agencies, states, and any other entitiesconcerned.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-7
Advisory and technical committees
Sec. 7. The governing board may establish advisory and technicalcommittees composed of state, local, and federal officials and privatepersons to advise the governing board concerning any of itsfunctions. An advisory or technical committee or a member ormembers of the committee may meet with and participate in the
governing board's deliberations upon request of the governing boardor executive committee. An advisory or a technical committee mayfurnish information and recommendations concerning anyapplication for assistance from the fund being considered by thegoverning board or committee, and the governing board or committeemay receive and consider the same. However, a participant in ameeting of the governing board or executive committee held undersection 6(d) of this chapter is entitled to know the substance of theadvisory or technical committee's information and recommendationsat the time of the meeting if made before the meeting or as a part ofthe meeting, or, if made after the meeting, not later than the time atwhich the governing board or executive committee makes itsdisposition of the application.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-8
Application for nonparty state
Sec. 8. (a) A party state may make an application for assistancefrom the fund concerning a pest in a nonparty state. The applicationshall be considered and disposed of by the governing board orexecutive committee in the same manner as an application withrespect to a pest within a party state, except as provided in thissection.
(b) At or in connection with any meeting of the governing boardor executive committee held under section 6(d) of this chapter, anonparty state is entitled to appear, participate, and receiveinformation only to the extent as the governing board or executivecommittee may provide. A nonparty state is not entitled to review ofa determination made by the executive committee.
(c) The governing board or executive committee shall authorizeexpenditures from the fund to be made in a nonparty state only afterdetermining that the conditions in the nonparty state and the value ofthe expenditures to the party states as a whole justify theexpenditures. The governing board or executive committee may setany conditions it considers appropriate concerning the expenditureof money from the fund in a nonparty state and may enter into anagreement or agreements with nonparty states and other jurisdictionsor entities as it considers necessary or appropriate to protect theinterests of the fund with respect to expenditures and activitiesoutside party states.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-9
Budget; accounts
Sec. 9. (a) The fund shall submit to the executive head ordesignated officer or officers of each party state a budget for the fundfor a period as may be required by the laws of that party state for apresentation to the party state's legislature.
(b) Each of the budgets must contain specific recommendationsof the amount or amounts to be appropriated by each of the party
states. The request for appropriations shall be apportioned among theparty states as follows:
(1) One-tenth (0.1) of the total budget in equal shares.
(2) The remainder in proportion to the value of agricultural andforest crops and products, excluding animals and animalproducts, produced in each party state.
In determining the value of the party states' crops and products, thefund may employ any source of information it believes presents themost equitable and accurate comparisons among the party states.Each of the budgets and requests for appropriations must indicate thesource or sources used in obtaining information concerning value ofproducts.
(c) The financial assets of the fund shall be maintained in two (2)accounts to be designated respectively as the "operating account" andthe "claims account". The operating account consists only of thoseassets necessary for the administration of the fund during the ensuingtwo (2) year period. The claims account must contain all money notincluded in the operating account and may not exceed the amountreasonably estimated to be sufficient to pay all legitimate claims onthe fund for three (3) years. If the claims account has reached itsmaximum limit or would reach its maximum limit by the addition ofmoney requested for appropriation by the party states, the governingboard shall reduce the budget requests on a pro rata basis in a mannerthat keeps the claims account within its maximum limit. Any moneyin the claims account by virtue of conditional donations, grants, orgifts shall be included in calculations made under this subsectiononly to the extent that the money is available to meet demandsarising out of the claims.
(d) The fund shall not pledge the credit of any party state. Thefund may meet any of its obligations in whole or in part with moneyavailable to it under section 4(g) of this chapter. However, thegoverning board takes specific action setting aside the money beforeincurring any obligation to be met in whole or in part. Except wherethe fund makes use of money available to it under section 4(g) of thischapter, the fund shall not incur any obligation before the allotmentof money by the party states adequate to meet the obligation.
(e) The fund shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the fund aresubject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled bythe fund shall be audited yearly by a certified or licensed publicaccountant and report of the audit must be included in and becomepart of the annual report of the fund.
(f) The accounts of the fund must be open at any reasonable timefor inspection by authorized officers of the party states and by anypersons authorized by the fund.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-10
Effective date of compact; withdrawal Sec. 10. (a) The compact becomes effective when enacted intolaw by any five (5) or more states. After the compact becomeseffective, the compact becomes effective as to any other state uponthe state's enactment of the compact.
(b) A party state may withdraw from the compact by enacting astatute repealing the law enacting the compact, but a withdrawal doesnot take effect until two (2) years after the executive head of thewithdrawing state gives notice in writing of the withdrawal to theexecutive heads of all other party states. A withdrawal does notaffect any liability incurred by or chargeable to a party state beforethe time of the withdrawal.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-11
Implementary provisions of compact
Sec. 11. This compact shall be liberally construed to effectuate thepurposes of the compact. The provisions of the compact areseverable and if any phrase, clause, sentence, or provision of thiscompact is declared to be contrary to the constitution of any state orof the United States or the applicability of the compact to anygovernment, agency, person, or circumstance is held invalid, thevalidity of the remainder of the compact and its applicability to anygovernment, agency, person, or circumstance is not affected thereby.If this compact is held contrary to the constitution of any party state,the compact remains in full force and effect as to the remaining partystates and in full force and effect as to the party state affected as toall severable matters.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-12
Cooperation
Sec. 12. Consistent with law and within available appropriations,the departments, agencies, and officers of Indiana may cooperatewith the fund.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-13
Compact administrator; bylaws
Sec. 13. (a) The director of the Indiana state department ofagriculture or the director's designee shall serve as compactadministrator for Indiana. The duties of the compact administratorare considered a regular part of the duties of the commissioner ofagriculture.
(b) Copies of bylaws and amendments to the compact adoptedunder section 4(h) of this chapter must be filed with the compactadministrator.
As added by P.L.225-2005, SEC.24. Amended by P.L.1-2006,SEC.215; P.L.120-2008, SEC.8.
IC 14-24-4.5-14 Request for assistance
Sec. 14. Within the meaning of sections 6(b) and 8(a) of thischapter, a request or an application for assistance from the fund maybe made by the director of the Indiana state department of agricultureor the director's designee whenever the director or director's designeebelieves the conditions qualifying the state for assistance exist andit would be in the best interest of the state to make a request.
As added by P.L.225-2005, SEC.24. Amended by P.L.1-2006,SEC.216; P.L.120-2008, SEC.9.
IC 14-24-4.5-15
Notices
Sec. 15. The compact administrator is designated to receivenotices under section 6(d) of this chapter.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-16
Crediting account
Sec. 16. The department, agency, or officer expending orbecoming liable for an expenditure on account of a control oreradication program undertaken or intensified under the compactshall have credited to the department's, agency's, or officer's account,in the state treasury, the amount or amounts of any payments madeto Indiana to defray the cost of the program or any part of theprogram, or as reimbursement from the program.
As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-17
Executive head
Sec. 17. When the compact refers to the executive head, withreference to Indiana, the executive head is the governor.
As added by P.L.225-2005, SEC.24.