IC 14-24-4.5-1 Enactment; findings
Sec. 1. (a) The pest control compact is enacted and entered into
with all other jurisdictions legally joining the compact in the form
substantially as follows in this chapter.
(b) The party states find the following:
(1) In the absence of the higher degree of cooperation among
the party states 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.
(2) Because of the varying climatic, geographic, and economic
factors, each state may be affected differently by particular
species of pests. However, all states share the inability to
protect themselves fully against the pests that present serious
dangers.
(3) The migratory character of pest infestations makes it
necessary for states 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 to infestation by
many species of pests not causing damage to its crops, 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 a 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 interest, the most equitable
means of financing cooperative pest eradication and control
programs. 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 United
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(2) "Requesting state" means a state that invokes the procedures
of the compact to secure the undertaking or intensification of
measures to control or eradicate one (1) or more pests within
one (1) or more other states.
(3) "Responding state" means a state requested to undertake or
intensify the measures referred to in subdivision (2).
(4) "Pest or pathogen" means an invertebrate animal, a
pathogen, a parasitic plant, or a similar or an allied organism
that 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 by
section 3 of this chapter.
(6) "Governing board" means the administrators of the compact
representing all the party states when the administrators act as
a body under authority vested in the administrators by the
compact.
(7) "Executive committee" means the committee established
under section 5(e) of this chapter.
(8) "Compact" refers to the pest control compact enacted under
section 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 finance
other than normal pest control operations that states may be called
upon to engage in under the compact. The fund consists of money
appropriated to the fund by the party states and any donations and
grants accepted by the fund. All appropriations, except as
conditioned by the rights and obligations of party states expressly set
forth in the compact, must be unconditional and may not be restricted
by the appropriating state to use in the control of a specified pest or
pests. Donations and grants may be conditional or unconditional.
However, the fund may not accept any donation or grant whose terms
are 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 board
and executive committee as provided in this chapter. The actions of
the governing board and the executive committee under the compact
are 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 binding
unless taken at a meeting at which a majority of the total number of
votes 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 a
majority of the members is present.
(c) The fund shall have a seal that may be employed as an official
symbol and that may be affixed to documents and used as the
governing board provides.
(d) The governing board shall elect annually, from among its
members, a chairperson, a vice chairperson, a secretary, and a
treasurer. The chairperson may not serve consecutive terms. The
governing board may appoint an executive director and fix the
executive director's duties and compensation, if any. The executive
director shall serve at the pleasure of the governing board. The
governing board shall provide for the bonding of the officers and
employees of the fund as is appropriate.
(e) Notwithstanding the civil service, personnel, or other merit
system laws of any of the party states, the executive director, or if
there is not an executive director, the chairperson, in accordance with
the procedures the bylaws provide, shall appoint, remove, or
discharge any personnel as is necessary to perform the functions of
the fund and shall fix the duties and compensation of any personnel.
The governing board in its bylaws shall provide for the personnel
policies and programs of the fund.
(f) The 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 fund may accept for purposes of the fund or functions
under this compact donations, grants, 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, use, and dispose of the
same. A donation, gift, or grant accepted by the governing board
under this subsection or services borrowed under subsection (f) shall
be reported in the annual report of the fund. The annual report must
include the nature, amount, and conditions, if any, of the donation,
gift, or 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 fund and may amend and rescind these bylaws. The
fund shall publish the bylaws of the fund in convenient form and
shall file a copy of the bylaws and a copy of any amendment to the
bylaws with the appropriate agency or officer in each of the party
states.
(i) The fund annually shall make to the governor and legislature
of each party state a report covering the fund's activities for the
preceding year. The fund may make additional reports it considers
desirable. The report to the legislature under this subsection must be
in an electronic format under IC 5-14-6.
(j) The fund may do other things as are necessary and incidental
to 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; executive
committee
Sec. 5. (a) Each party state must have a compact administrator
who shall be selected and serve in a manner as the laws of the party
state may provide and who shall:
(1) assist in the coordination of activities under the compact in
the compact administrator's state; and
(2) represent the compact administrator's state on the governing
board of the fund.
(b) If the laws of the United States specifically provide, or if an
administrative provision is made within the federal government, the
United States may be represented on the governing board by not
more than three (3) representatives. A representative of the United
States shall be appointed and serve in a manner as provided by
federal law, but the representative may not vote on the governing
board or the executive committee.
(c) The governing board shall meet at least once each year to
determine policies and procedures in the administration of the fund
and, consistent with the compact, supervise and give direction to the
expenditure of money from the fund. Additional meetings of the
governing board shall be held on call of the chairperson, the
executive committee, or a majority of the governing board.
(d) When the governing board meets, it shall act upon applications
for assistance from the fund and authorize disbursements from the
fund. When the governing board is not meeting, the executive
committee shall act as agent of the governing board, with full
authority to act for the governing board in acting upon the
applications for assistance.
(e) The executive committee consists of the chairperson of the
governing board and four (4) additional members of the governing
board chosen by the governing board so that one (1) member
represents each of four (4) geographic groupings of party states. The
governing board shall make the geographic groupings. If there is
representation 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 the
executive committee. An action of the executive committee is not
binding unless taken at a meeting at which at least four (4) members
of the executive committee are present and vote in favor of the
action. Necessary expenses of each of the five (5) members of the
executive committee incurred in attending meetings of the executive
committee, when not held at the same time and place as a meeting of
the 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 that
the party state will employ its best efforts to eradicate, or control
within the strictest practicable limits, all pests or pathogens. The
performance of this responsibility involves the following:
(1) The maintenance of pest control and eradication activities
of interstate significance by a party state at a level that would be
reasonable for the party state's own protection in the absence of
the compact.
(2) The meeting of emergency outbreaks or infestations of
interstate significance to not less an extent than would have
been done in the absence of the compact.
(b) Whenever a party state is threatened by a pest or pathogen 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 pathogen and finds that control or
eradication activities are or would be impracticable or substantially
more difficult to accomplish because 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 fund
for eradication or control measures to be taken by one (1) or more of
the 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 the governing board's authorization, the
responding state or states shall take or increase any eradication or
control measures warranted. A responding state shall use money
available from the fund expeditiously and efficiently to assist in
providing the protection requested.
(c) To apply for expenditures from the fund, a requesting state
shall submit the following in writing:
(1) A detailed statement of the circumstances that occasion the
request to invoke the compact.
(2) Evidence that the pest or pathogen on account of whose
eradication or control assistance is requested constitutes a
danger to an agricultural or a 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 the
program or programs and the expenditures being made or
budgeted for the program or programs, in connection with the
eradication, control, or prevention of introduction of the pest or
pathogen concerned.
(4) Proof that the expenditures being made or budgeted as
detailed in subdivision (3) do not constitute a reduction of the
effort for the control or eradication of the pest or pathogen
concerned or, if there is a reduction, the reasons why the level
of program detailed in subdivision (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 that the requesting state believes require
the invoking of the compact in the particular instance can be
abated by a program undertaken with the aid of money from the
fund in one (1) year or less, or whether the request is for an
installment in a program that is likely to continue for a longer
period.
(6) Other information the governing board requires consistent
with the compact.
(d) The governing board or executive committee shall give due
notice of any meeting at which an application for assistance from the
fund is to be considered. The notice shall be given to the compact
administrator of each party state and to the other officers and
agencies as may be designated by the laws of the party states. The
requesting state and any other party state are entitled to be
represented and present evidence and argument at the meeting.
(e) Upon the submission as required by subsection (c) and any
other information that the governing board has or acquires, and upon
determining that an expenditure of funds is within the purposes of
and justified by the compact, the governing board or executive
committee shall authorize support of the program. The governing
board or executive committee may meet at any time or place to
receive and consider an application. All determinations of the
governing board or executive committee, with respect to an
application, together with the reasons for the determination shall be
recorded and subscribed in a manner that shows and preserves the
votes of the individual members of the board or committee.
(f) A requesting state that is dissatisfied with a determination of
the executive committee, upon notice in writing given within twenty
(20) days of the determination with which it is dissatisfied, is entitled
to receive a review of the determination at the next meeting of the
governing board. Determinations of the executive committee are
reviewable only by the governing board at one (1) of its regular
meetings or at a special meeting held in a manner the governing
board authorizes.
(g) Responding states required to undertake or increase measures
under the compact may receive money from the fund, either at the
time or times when the state incurs expenditures because of the
measures, or as reimbursement for expenses incurred and chargeable
to the fund. The governing board shall adopt and may amend or
revise procedures for submission and payment of claims from the
fund.
(h) Before authorizing the expenditure of money from the fund
under an application of a requesting state, the fund shall ascertain the
extent and nature of any timely assistance or participation that is
available from the federal government and shall request the
appropriate agency or agencies of the federal government for any
available assistance and participation.
(i) The 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 fund,
cooperating federal agencies, states, and any other entities
concerned. 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 technical
committees composed of state, local, and federal officials and private
persons to advise the governing board concerning any of its
functions. An advisory or technical committee or a member or
members of the committee may meet with and participate in the
governing board's deliberations upon request of the governing board
or executive committee. An advisory or a technical committee may
furnish information and recommendations concerning any
application for assistance from the fund being considered by the
governing board or committee, and the governing board or committee
may receive and consider the same. However, a participant in a
meeting of the governing board or executive committee held under
section 6(d) of this chapter is entitled to know the substance of the
advisory or technical committee's information and recommendations
at the time of the meeting if made before the meeting or as a part of
the meeting, or, if made after the meeting, not later than the time at
which the governing board or executive committee makes its
disposition 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 assistance
from the fund concerning a pest in a nonparty state. The 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
section.
(b) At or in connection with any meeting of the governing board
or executive committee held under section 6(d) of this chapter, a
nonparty state is entitled to appear, participate, and receive
information only to the extent as the governing board or executive
committee may provide. A nonparty state is not entitled to review of
a determination made by the executive committee.
(c) The governing board or executive committee shall authorize
expenditures from the fund to be made in a nonparty state only after
determining that the conditions in the nonparty state and the value of
the expenditures to the party states as a whole justify the
expenditures. The governing board or executive committee may set
any conditions it considers appropriate concerning the expenditure
of money from the fund in a nonparty state and may enter into an
agreement or agreements with nonparty states and other jurisdictions
or entities as it considers necessary or appropriate to protect the
interests of the fund with respect to expenditures and activities
outside 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 or
designated officer or officers of each party state a budget for the fund
for a period as may be required by the laws of that party state for a
presentation to the party state's legislature.
(b) Each of the budgets must contain specific recommendations
of the amount or amounts to be appropriated by each of the party
states. The request for appropriations shall be apportioned among the
party 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 and
forest crops and products, excluding animals and animal
products, produced in each party state.
In determining the value of the party states' crops and products, the
fund may employ any source of information it believes presents the
most equitable and accurate comparisons among the party states.
Each of the budgets and requests for appropriations must indicate the
source or sources used in obtaining information concerning value of
products.
(c) The financial assets of the fund shall be maintained in two (2)
accounts to be designated respectively as the "operating account" and
the "claims account". The operating account consists only of those
assets necessary for the administration of the fund during the ensuing
two (2) year period. The claims account must contain all money not
included in the operating account and may not exceed the amount
reasonably estimated to be sufficient to pay all legitimate claims on
the fund for three (3) years. If the claims account has reached its
maximum limit or would reach its maximum limit by the addition of
money requested for appropriation by the party states, the governing
board shall reduce the budget requests on a pro rata basis in a manner
that keeps the claims account within its maximum limit. Any money
in the claims account by virtue of conditional donations, grants, or
gifts shall be included in calculations made under this subsection
only to the extent that the money is available to meet demands
arising out of the claims.
(d) The fund shall not pledge the credit of any party state. The
fund may meet any of its obligations in whole or in part with money
available to it under section 4(g) of this chapter. However, the
governing board takes specific action setting aside the money before
incurring any obligation to be met in whole or in part. Except where
the fund makes use of money available to it under section 4(g) of this
chapter, the fund shall not incur any obligation before the allotment
of money by the party states adequate to meet the obligation.
(e) The fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the fund are
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by
the fund shall be audited yearly by a certified or licensed public
accountant and report of the audit must be included in and become
part of the annual report of the fund.
(f) The accounts of the fund must be open at any reasonable time
for inspection by authorized officers of the party states and by any
persons 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 into
law by any five (5) or more states. After the compact becomes
effective, the compact becomes effective as to any other state upon
the state's enactment of the compact.
(b) A party state may withdraw from the compact by enacting a
statute repealing the law enacting the compact, but a withdrawal does
not take effect until two (2) years after the executive head of the
withdrawing state gives notice in writing of the withdrawal to the
executive heads of all other party states. A withdrawal does not
affect any liability incurred by or chargeable to a party state before
the 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 the
purposes of the compact. The provisions of the compact are
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 of the compact to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of the compact and its applicability to any
government, 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 party
states and in full force and effect as to the party state affected as to
all 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 cooperate
with 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 of
agriculture or the director's designee shall serve as compact
administrator for Indiana. The duties of the compact administrator
are considered a regular part of the duties of the commissioner of
agriculture.
(b) Copies of bylaws and amendments to the compact adopted
under section 4(h) of this chapter must be filed with the compact
administrator. 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 this
chapter, a request or an application for assistance from the fund may
be made by the director of the Indiana state department of agriculture
or the director's designee whenever the director or director's designee
believes the conditions qualifying the state for assistance exist and
it 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 receive
notices 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 or
becoming liable for an expenditure on account of a control or
eradication program undertaken or intensified under the compact
shall have credited to the department's, agency's, or officer's account,
in the state treasury, the amount or amounts of any payments made
to Indiana to defray the cost of the program or any part of the
program, 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, with
reference to Indiana, the executive head is the governor. As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-1 Enactment; findings
Sec. 1. (a) The pest control compact is enacted and entered into
with all other jurisdictions legally joining the compact in the form
substantially as follows in this chapter.
(b) The party states find the following:
(1) In the absence of the higher degree of cooperation among
the party states 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.
(2) Because of the varying climatic, geographic, and economic
factors, each state may be affected differently by particular
species of pests. However, all states share the inability to
protect themselves fully against the pests that present serious
dangers.
(3) The migratory character of pest infestations makes it
necessary for states 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 to infestation by
many species of pests not causing damage to its crops, 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 a 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 interest, the most equitable
means of financing cooperative pest eradication and control
programs. 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 United
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(2) "Requesting state" means a state that invokes the procedures
of the compact to secure the undertaking or intensification of
measures to control or eradicate one (1) or more pests within
one (1) or more other states.
(3) "Responding state" means a state requested to undertake or
intensify the measures referred to in subdivision (2).
(4) "Pest or pathogen" means an invertebrate animal, a
pathogen, a parasitic plant, or a similar or an allied organism
that 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 by
section 3 of this chapter.
(6) "Governing board" means the administrators of the compact
representing all the party states when the administrators act as
a body under authority vested in the administrators by the
compact.
(7) "Executive committee" means the committee established
under section 5(e) of this chapter.
(8) "Compact" refers to the pest control compact enacted under
section 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 finance
other than normal pest control operations that states may be called
upon to engage in under the compact. The fund consists of money
appropriated to the fund by the party states and any donations and
grants accepted by the fund. All appropriations, except as
conditioned by the rights and obligations of party states expressly set
forth in the compact, must be unconditional and may not be restricted
by the appropriating state to use in the control of a specified pest or
pests. Donations and grants may be conditional or unconditional.
However, the fund may not accept any donation or grant whose terms
are 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 board
and executive committee as provided in this chapter. The actions of
the governing board and the executive committee under the compact
are 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 binding
unless taken at a meeting at which a majority of the total number of
votes 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 a
majority of the members is present.
(c) The fund shall have a seal that may be employed as an official
symbol and that may be affixed to documents and used as the
governing board provides.
(d) The governing board shall elect annually, from among its
members, a chairperson, a vice chairperson, a secretary, and a
treasurer. The chairperson may not serve consecutive terms. The
governing board may appoint an executive director and fix the
executive director's duties and compensation, if any. The executive
director shall serve at the pleasure of the governing board. The
governing board shall provide for the bonding of the officers and
employees of the fund as is appropriate.
(e) Notwithstanding the civil service, personnel, or other merit
system laws of any of the party states, the executive director, or if
there is not an executive director, the chairperson, in accordance with
the procedures the bylaws provide, shall appoint, remove, or
discharge any personnel as is necessary to perform the functions of
the fund and shall fix the duties and compensation of any personnel.
The governing board in its bylaws shall provide for the personnel
policies and programs of the fund.
(f) The 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 fund may accept for purposes of the fund or functions
under this compact donations, grants, 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, use, and dispose of the
same. A donation, gift, or grant accepted by the governing board
under this subsection or services borrowed under subsection (f) shall
be reported in the annual report of the fund. The annual report must
include the nature, amount, and conditions, if any, of the donation,
gift, or 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 fund and may amend and rescind these bylaws. The
fund shall publish the bylaws of the fund in convenient form and
shall file a copy of the bylaws and a copy of any amendment to the
bylaws with the appropriate agency or officer in each of the party
states.
(i) The fund annually shall make to the governor and legislature
of each party state a report covering the fund's activities for the
preceding year. The fund may make additional reports it considers
desirable. The report to the legislature under this subsection must be
in an electronic format under IC 5-14-6.
(j) The fund may do other things as are necessary and incidental
to 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; executive
committee
Sec. 5. (a) Each party state must have a compact administrator
who shall be selected and serve in a manner as the laws of the party
state may provide and who shall:
(1) assist in the coordination of activities under the compact in
the compact administrator's state; and
(2) represent the compact administrator's state on the governing
board of the fund.
(b) If the laws of the United States specifically provide, or if an
administrative provision is made within the federal government, the
United States may be represented on the governing board by not
more than three (3) representatives. A representative of the United
States shall be appointed and serve in a manner as provided by
federal law, but the representative may not vote on the governing
board or the executive committee.
(c) The governing board shall meet at least once each year to
determine policies and procedures in the administration of the fund
and, consistent with the compact, supervise and give direction to the
expenditure of money from the fund. Additional meetings of the
governing board shall be held on call of the chairperson, the
executive committee, or a majority of the governing board.
(d) When the governing board meets, it shall act upon applications
for assistance from the fund and authorize disbursements from the
fund. When the governing board is not meeting, the executive
committee shall act as agent of the governing board, with full
authority to act for the governing board in acting upon the
applications for assistance.
(e) The executive committee consists of the chairperson of the
governing board and four (4) additional members of the governing
board chosen by the governing board so that one (1) member
represents each of four (4) geographic groupings of party states. The
governing board shall make the geographic groupings. If there is
representation 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 the
executive committee. An action of the executive committee is not
binding unless taken at a meeting at which at least four (4) members
of the executive committee are present and vote in favor of the
action. Necessary expenses of each of the five (5) members of the
executive committee incurred in attending meetings of the executive
committee, when not held at the same time and place as a meeting of
the 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 that
the party state will employ its best efforts to eradicate, or control
within the strictest practicable limits, all pests or pathogens. The
performance of this responsibility involves the following:
(1) The maintenance of pest control and eradication activities
of interstate significance by a party state at a level that would be
reasonable for the party state's own protection in the absence of
the compact.
(2) The meeting of emergency outbreaks or infestations of
interstate significance to not less an extent than would have
been done in the absence of the compact.
(b) Whenever a party state is threatened by a pest or pathogen 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 pathogen and finds that control or
eradication activities are or would be impracticable or substantially
more difficult to accomplish because 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 fund
for eradication or control measures to be taken by one (1) or more of
the 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 the governing board's authorization, the
responding state or states shall take or increase any eradication or
control measures warranted. A responding state shall use money
available from the fund expeditiously and efficiently to assist in
providing the protection requested.
(c) To apply for expenditures from the fund, a requesting state
shall submit the following in writing:
(1) A detailed statement of the circumstances that occasion the
request to invoke the compact.
(2) Evidence that the pest or pathogen on account of whose
eradication or control assistance is requested constitutes a
danger to an agricultural or a 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 the
program or programs and the expenditures being made or
budgeted for the program or programs, in connection with the
eradication, control, or prevention of introduction of the pest or
pathogen concerned.
(4) Proof that the expenditures being made or budgeted as
detailed in subdivision (3) do not constitute a reduction of the
effort for the control or eradication of the pest or pathogen
concerned or, if there is a reduction, the reasons why the level
of program detailed in subdivision (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 that the requesting state believes require
the invoking of the compact in the particular instance can be
abated by a program undertaken with the aid of money from the
fund in one (1) year or less, or whether the request is for an
installment in a program that is likely to continue for a longer
period.
(6) Other information the governing board requires consistent
with the compact.
(d) The governing board or executive committee shall give due
notice of any meeting at which an application for assistance from the
fund is to be considered. The notice shall be given to the compact
administrator of each party state and to the other officers and
agencies as may be designated by the laws of the party states. The
requesting state and any other party state are entitled to be
represented and present evidence and argument at the meeting.
(e) Upon the submission as required by subsection (c) and any
other information that the governing board has or acquires, and upon
determining that an expenditure of funds is within the purposes of
and justified by the compact, the governing board or executive
committee shall authorize support of the program. The governing
board or executive committee may meet at any time or place to
receive and consider an application. All determinations of the
governing board or executive committee, with respect to an
application, together with the reasons for the determination shall be
recorded and subscribed in a manner that shows and preserves the
votes of the individual members of the board or committee.
(f) A requesting state that is dissatisfied with a determination of
the executive committee, upon notice in writing given within twenty
(20) days of the determination with which it is dissatisfied, is entitled
to receive a review of the determination at the next meeting of the
governing board. Determinations of the executive committee are
reviewable only by the governing board at one (1) of its regular
meetings or at a special meeting held in a manner the governing
board authorizes.
(g) Responding states required to undertake or increase measures
under the compact may receive money from the fund, either at the
time or times when the state incurs expenditures because of the
measures, or as reimbursement for expenses incurred and chargeable
to the fund. The governing board shall adopt and may amend or
revise procedures for submission and payment of claims from the
fund.
(h) Before authorizing the expenditure of money from the fund
under an application of a requesting state, the fund shall ascertain the
extent and nature of any timely assistance or participation that is
available from the federal government and shall request the
appropriate agency or agencies of the federal government for any
available assistance and participation.
(i) The 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 fund,
cooperating federal agencies, states, and any other entities
concerned. 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 technical
committees composed of state, local, and federal officials and private
persons to advise the governing board concerning any of its
functions. An advisory or technical committee or a member or
members of the committee may meet with and participate in the
governing board's deliberations upon request of the governing board
or executive committee. An advisory or a technical committee may
furnish information and recommendations concerning any
application for assistance from the fund being considered by the
governing board or committee, and the governing board or committee
may receive and consider the same. However, a participant in a
meeting of the governing board or executive committee held under
section 6(d) of this chapter is entitled to know the substance of the
advisory or technical committee's information and recommendations
at the time of the meeting if made before the meeting or as a part of
the meeting, or, if made after the meeting, not later than the time at
which the governing board or executive committee makes its
disposition 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 assistance
from the fund concerning a pest in a nonparty state. The 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
section.
(b) At or in connection with any meeting of the governing board
or executive committee held under section 6(d) of this chapter, a
nonparty state is entitled to appear, participate, and receive
information only to the extent as the governing board or executive
committee may provide. A nonparty state is not entitled to review of
a determination made by the executive committee.
(c) The governing board or executive committee shall authorize
expenditures from the fund to be made in a nonparty state only after
determining that the conditions in the nonparty state and the value of
the expenditures to the party states as a whole justify the
expenditures. The governing board or executive committee may set
any conditions it considers appropriate concerning the expenditure
of money from the fund in a nonparty state and may enter into an
agreement or agreements with nonparty states and other jurisdictions
or entities as it considers necessary or appropriate to protect the
interests of the fund with respect to expenditures and activities
outside 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 or
designated officer or officers of each party state a budget for the fund
for a period as may be required by the laws of that party state for a
presentation to the party state's legislature.
(b) Each of the budgets must contain specific recommendations
of the amount or amounts to be appropriated by each of the party
states. The request for appropriations shall be apportioned among the
party 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 and
forest crops and products, excluding animals and animal
products, produced in each party state.
In determining the value of the party states' crops and products, the
fund may employ any source of information it believes presents the
most equitable and accurate comparisons among the party states.
Each of the budgets and requests for appropriations must indicate the
source or sources used in obtaining information concerning value of
products.
(c) The financial assets of the fund shall be maintained in two (2)
accounts to be designated respectively as the "operating account" and
the "claims account". The operating account consists only of those
assets necessary for the administration of the fund during the ensuing
two (2) year period. The claims account must contain all money not
included in the operating account and may not exceed the amount
reasonably estimated to be sufficient to pay all legitimate claims on
the fund for three (3) years. If the claims account has reached its
maximum limit or would reach its maximum limit by the addition of
money requested for appropriation by the party states, the governing
board shall reduce the budget requests on a pro rata basis in a manner
that keeps the claims account within its maximum limit. Any money
in the claims account by virtue of conditional donations, grants, or
gifts shall be included in calculations made under this subsection
only to the extent that the money is available to meet demands
arising out of the claims.
(d) The fund shall not pledge the credit of any party state. The
fund may meet any of its obligations in whole or in part with money
available to it under section 4(g) of this chapter. However, the
governing board takes specific action setting aside the money before
incurring any obligation to be met in whole or in part. Except where
the fund makes use of money available to it under section 4(g) of this
chapter, the fund shall not incur any obligation before the allotment
of money by the party states adequate to meet the obligation.
(e) The fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the fund are
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by
the fund shall be audited yearly by a certified or licensed public
accountant and report of the audit must be included in and become
part of the annual report of the fund.
(f) The accounts of the fund must be open at any reasonable time
for inspection by authorized officers of the party states and by any
persons 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 into
law by any five (5) or more states. After the compact becomes
effective, the compact becomes effective as to any other state upon
the state's enactment of the compact.
(b) A party state may withdraw from the compact by enacting a
statute repealing the law enacting the compact, but a withdrawal does
not take effect until two (2) years after the executive head of the
withdrawing state gives notice in writing of the withdrawal to the
executive heads of all other party states. A withdrawal does not
affect any liability incurred by or chargeable to a party state before
the 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 the
purposes of the compact. The provisions of the compact are
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 of the compact to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of the compact and its applicability to any
government, 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 party
states and in full force and effect as to the party state affected as to
all 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 cooperate
with 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 of
agriculture or the director's designee shall serve as compact
administrator for Indiana. The duties of the compact administrator
are considered a regular part of the duties of the commissioner of
agriculture.
(b) Copies of bylaws and amendments to the compact adopted
under section 4(h) of this chapter must be filed with the compact
administrator. 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 this
chapter, a request or an application for assistance from the fund may
be made by the director of the Indiana state department of agriculture
or the director's designee whenever the director or director's designee
believes the conditions qualifying the state for assistance exist and
it 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 receive
notices 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 or
becoming liable for an expenditure on account of a control or
eradication program undertaken or intensified under the compact
shall have credited to the department's, agency's, or officer's account,
in the state treasury, the amount or amounts of any payments made
to Indiana to defray the cost of the program or any part of the
program, 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, with
reference to Indiana, the executive head is the governor. As added by P.L.225-2005, SEC.24.
IC 14-24-4.5-1 Enactment; findings
Sec. 1. (a) The pest control compact is enacted and entered into
with all other jurisdictions legally joining the compact in the form
substantially as follows in this chapter.
(b) The party states find the following:
(1) In the absence of the higher degree of cooperation among
the party states 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.
(2) Because of the varying climatic, geographic, and economic
factors, each state may be affected differently by particular
species of pests. However, all states share the inability to
protect themselves fully against the pests that present serious
dangers.
(3) The migratory character of pest infestations makes it
necessary for states 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 to infestation by
many species of pests not causing damage to its crops, 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 a 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 interest, the most equitable
means of financing cooperative pest eradication and control
programs. 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 United
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(2) "Requesting state" means a state that invokes the procedures
of the compact to secure the undertaking or intensification of
measures to control or eradicate one (1) or more pests within
one (1) or more other states.
(3) "Responding state" means a state requested to undertake or
intensify the measures referred to in subdivision (2).
(4) "Pest or pathogen" means an invertebrate animal, a
pathogen, a parasitic plant, or a similar or an allied organism
that 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 by
section 3 of this chapter.
(6) "Governing board" means the administrators of the compact
representing all the party states when the administrators act as
a body under authority vested in the administrators by the
compact.
(7) "Executive committee" means the committee established
under section 5(e) of this chapter.
(8) "Compact" refers to the pest control compact enacted under
section 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 finance
other than normal pest control operations that states may be called
upon to engage in under the compact. The fund consists of money
appropriated to the fund by the party states and any donations and
grants accepted by the fund. All appropriations, except as
conditioned by the rights and obligations of party states expressly set
forth in the compact, must be unconditional and may not be restricted
by the appropriating state to use in the control of a specified pest or
pests. Donations and grants may be conditional or unconditional.
However, the fund may not accept any donation or grant whose terms
are 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 board
and executive committee as provided in this chapter. The actions of
the governing board and the executive committee under the compact
are 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 binding
unless taken at a meeting at which a majority of the total number of
votes 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 a
majority of the members is present.
(c) The fund shall have a seal that may be employed as an official
symbol and that may be affixed to documents and used as the
governing board provides.
(d) The governing board shall elect annually, from among its
members, a chairperson, a vice chairperson, a secretary, and a
treasurer. The chairperson may not serve consecutive terms. The
governing board may appoint an executive director and fix the
executive director's duties and compensation, if any. The executive
director shall serve at the pleasure of the governing board. The
governing board shall provide for the bonding of the officers and
employees of the fund as is appropriate.
(e) Notwithstanding the civil service, personnel, or other merit
system laws of any of the party states, the executive director, or if
there is not an executive director, the chairperson, in accordance with
the procedures the bylaws provide, shall appoint, remove, or
discharge any personnel as is necessary to perform the functions of
the fund and shall fix the duties and compensation of any personnel.
The governing board in its bylaws shall provide for the personnel
policies and programs of the fund.
(f) The 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 fund may accept for purposes of the fund or functions
under this compact donations, grants, 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, use, and dispose of the
same. A donation, gift, or grant accepted by the governing board
under this subsection or services borrowed under subsection (f) shall
be reported in the annual report of the fund. The annual report must
include the nature, amount, and conditions, if any, of the donation,
gift, or 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 fund and may amend and rescind these bylaws. The
fund shall publish the bylaws of the fund in convenient form and
shall file a copy of the bylaws and a copy of any amendment to the
bylaws with the appropriate agency or officer in each of the party
states.
(i) The fund annually shall make to the governor and legislature
of each party state a report covering the fund's activities for the
preceding year. The fund may make additional reports it considers
desirable. The report to the legislature under this subsection must be
in an electronic format under IC 5-14-6.
(j) The fund may do other things as are necessary and incidental
to 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; executive
committee
Sec. 5. (a) Each party state must have a compact administrator
who shall be selected and serve in a manner as the laws of the party
state may provide and who shall:
(1) assist in the coordination of activities under the compact in
the compact administrator's state; and
(2) represent the compact administrator's state on the governing
board of the fund.
(b) If the laws of the United States specifically provide, or if an
administrative provision is made within the federal government, the
United States may be represented on the governing board by not
more than three (3) representatives. A representative of the United
States shall be appointed and serve in a manner as provided by
federal law, but the representative may not vote on the governing
board or the executive committee.
(c) The governing board shall meet at least once each year to
determine policies and procedures in the administration of the fund
and, consistent with the compact, supervise and give direction to the
expenditure of money from the fund. Additional meetings of the
governing board shall be held on call of the chairperson, the
executive committee, or a majority of the governing board.
(d) When the governing board meets, it shall act upon applications
for assistance from the fund and authorize disbursements from the
fund. When the governing board is not meeting, the executive
committee shall act as agent of the governing board, with full
authority to act for the governing board in acting upon the
applications for assistance.
(e) The executive committee consists of the chairperson of the
governing board and four (4) additional members of the governing
board chosen by the governing board so that one (1) member
represents each of four (4) geographic groupings of party states. The
governing board shall make the geographic groupings. If there is
representation 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 the
executive committee. An action of the executive committee is not
binding unless taken at a meeting at which at least four (4) members
of the executive committee are present and vote in favor of the
action. Necessary expenses of each of the five (5) members of the
executive committee incurred in attending meetings of the executive
committee, when not held at the same time and place as a meeting of
the 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 that
the party state will employ its best efforts to eradicate, or control
within the strictest practicable limits, all pests or pathogens. The
performance of this responsibility involves the following:
(1) The maintenance of pest control and eradication activities
of interstate significance by a party state at a level that would be
reasonable for the party state's own protection in the absence of
the compact.
(2) The meeting of emergency outbreaks or infestations of
interstate significance to not less an extent than would have
been done in the absence of the compact.
(b) Whenever a party state is threatened by a pest or pathogen 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 pathogen and finds that control or
eradication activities are or would be impracticable or substantially
more difficult to accomplish because 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 fund
for eradication or control measures to be taken by one (1) or more of
the 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 the governing board's authorization, the
responding state or states shall take or increase any eradication or
control measures warranted. A responding state shall use money
available from the fund expeditiously and efficiently to assist in
providing the protection requested.
(c) To apply for expenditures from the fund, a requesting state
shall submit the following in writing:
(1) A detailed statement of the circumstances that occasion the
request to invoke the compact.
(2) Evidence that the pest or pathogen on account of whose
eradication or control assistance is requested constitutes a
danger to an agricultural or a 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 the
program or programs and the expenditures being made or
budgeted for the program or programs, in connection with the
eradication, control, or prevention of introduction of the pest or
pathogen concerned.
(4) Proof that the expenditures being made or budgeted as
detailed in subdivision (3) do not constitute a reduction of the
effort for the control or eradication of the pest or pathogen
concerned or, if there is a reduction, the reasons why the level
of program detailed in subdivision (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 that the requesting state believes require
the invoking of the compact in the particular instance can be
abated by a program undertaken with the aid of money from the
fund in one (1) year or less, or whether the request is for an
installment in a program that is likely to continue for a longer
period.
(6) Other information the governing board requires consistent
with the compact.
(d) The governing board or executive committee shall give due
notice of any meeting at which an application for assistance from the
fund is to be considered. The notice shall be given to the compact
administrator of each party state and to the other officers and
agencies as may be designated by the laws of the party states. The
requesting state and any other party state are entitled to be
represented and present evidence and argument at the meeting.
(e) Upon the submission as required by subsection (c) and any
other information that the governing board has or acquires, and upon
determining that an expenditure of funds is within the purposes of
and justified by the compact, the governing board or executive
committee shall authorize support of the program. The governing
board or executive committee may meet at any time or place to
receive and consider an application. All determinations of the
governing board or executive committee, with respect to an
application, together with the reasons for the determination shall be
recorded and subscribed in a manner that shows and preserves the
votes of the individual members of the board or committee.
(f) A requesting state that is dissatisfied with a determination of
the executive committee, upon notice in writing given within twenty
(20) days of the determination with which it is dissatisfied, is entitled
to receive a review of the determination at the next meeting of the
governing board. Determinations of the executive committee are
reviewable only by the governing board at one (1) of its regular
meetings or at a special meeting held in a manner the governing
board authorizes.
(g) Responding states required to undertake or increase measures
under the compact may receive money from the fund, either at the
time or times when the state incurs expenditures because of the
measures, or as reimbursement for expenses incurred and chargeable
to the fund. The governing board shall adopt and may amend or
revise procedures for submission and payment of claims from the
fund.
(h) Before authorizing the expenditure of money from the fund
under an application of a requesting state, the fund shall ascertain the
extent and nature of any timely assistance or participation that is
available from the federal government and shall request the
appropriate agency or agencies of the federal government for any
available assistance and participation.
(i) The 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 fund,
cooperating federal agencies, states, and any other entities
concerned. 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 technical
committees composed of state, local, and federal officials and private
persons to advise the governing board concerning any of its
functions. An advisory or technical committee or a member or
members of the committee may meet with and participate in the
governing board's deliberations upon request of the governing board
or executive committee. An advisory or a technical committee may
furnish information and recommendations concerning any
application for assistance from the fund being considered by the
governing board or committee, and the governing board or committee
may receive and consider the same. However, a participant in a
meeting of the governing board or executive committee held under
section 6(d) of this chapter is entitled to know the substance of the
advisory or technical committee's information and recommendations
at the time of the meeting if made before the meeting or as a part of
the meeting, or, if made after the meeting, not later than the time at
which the governing board or executive committee makes its
disposition 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 assistance
from the fund concerning a pest in a nonparty state. The 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
section.
(b) At or in connection with any meeting of the governing board
or executive committee held under section 6(d) of this chapter, a
nonparty state is entitled to appear, participate, and receive
information only to the extent as the governing board or executive
committee may provide. A nonparty state is not entitled to review of
a determination made by the executive committee.
(c) The governing board or executive committee shall authorize
expenditures from the fund to be made in a nonparty state only after
determining that the conditions in the nonparty state and the value of
the expenditures to the party states as a whole justify the
expenditures. The governing board or executive committee may set
any conditions it considers appropriate concerning the expenditure
of money from the fund in a nonparty state and may enter into an
agreement or agreements with nonparty states and other jurisdictions
or entities as it considers necessary or appropriate to protect the
interests of the fund with respect to expenditures and activities
outside 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 or
designated officer or officers of each party state a budget for the fund
for a period as may be required by the laws of that party state for a
presentation to the party state's legislature.
(b) Each of the budgets must contain specific recommendations
of the amount or amounts to be appropriated by each of the party
states. The request for appropriations shall be apportioned among the
party 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 and
forest crops and products, excluding animals and animal
products, produced in each party state.
In determining the value of the party states' crops and products, the
fund may employ any source of information it believes presents the
most equitable and accurate comparisons among the party states.
Each of the budgets and requests for appropriations must indicate the
source or sources used in obtaining information concerning value of
products.
(c) The financial assets of the fund shall be maintained in two (2)
accounts to be designated respectively as the "operating account" and
the "claims account". The operating account consists only of those
assets necessary for the administration of the fund during the ensuing
two (2) year period. The claims account must contain all money not
included in the operating account and may not exceed the amount
reasonably estimated to be sufficient to pay all legitimate claims on
the fund for three (3) years. If the claims account has reached its
maximum limit or would reach its maximum limit by the addition of
money requested for appropriation by the party states, the governing
board shall reduce the budget requests on a pro rata basis in a manner
that keeps the claims account within its maximum limit. Any money
in the claims account by virtue of conditional donations, grants, or
gifts shall be included in calculations made under this subsection
only to the extent that the money is available to meet demands
arising out of the claims.
(d) The fund shall not pledge the credit of any party state. The
fund may meet any of its obligations in whole or in part with money
available to it under section 4(g) of this chapter. However, the
governing board takes specific action setting aside the money before
incurring any obligation to be met in whole or in part. Except where
the fund makes use of money available to it under section 4(g) of this
chapter, the fund shall not incur any obligation before the allotment
of money by the party states adequate to meet the obligation.
(e) The fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the fund are
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by
the fund shall be audited yearly by a certified or licensed public
accountant and report of the audit must be included in and become
part of the annual report of the fund.
(f) The accounts of the fund must be open at any reasonable time
for inspection by authorized officers of the party states and by any
persons 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 into
law by any five (5) or more states. After the compact becomes
effective, the compact becomes effective as to any other state upon
the state's enactment of the compact.
(b) A party state may withdraw from the compact by enacting a
statute repealing the law enacting the compact, but a withdrawal does
not take effect until two (2) years after the executive head of the
withdrawing state gives notice in writing of the withdrawal to the
executive heads of all other party states. A withdrawal does not
affect any liability incurred by or chargeable to a party state before
the 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 the
purposes of the compact. The provisions of the compact are
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 of the compact to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of the compact and its applicability to any
government, 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 party
states and in full force and effect as to the party state affected as to
all 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 cooperate
with 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 of
agriculture or the director's designee shall serve as compact
administrator for Indiana. The duties of the compact administrator
are considered a regular part of the duties of the commissioner of
agriculture.
(b) Copies of bylaws and amendments to the compact adopted
under section 4(h) of this chapter must be filed with the compact
administrator. 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 this
chapter, a request or an application for assistance from the fund may
be made by the director of the Indiana state department of agriculture
or the director's designee whenever the director or director's designee
believes the conditions qualifying the state for assistance exist and
it 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 receive
notices 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 or
becoming liable for an expenditure on account of a control or
eradication program undertaken or intensified under the compact
shall have credited to the department's, agency's, or officer's account,
in the state treasury, the amount or amounts of any payments made
to Indiana to defray the cost of the program or any part of the
program, 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, with
reference to Indiana, the executive head is the governor. As added by P.L.225-2005, SEC.24.
