2-2135.Pest control compact; enactment.
The pest control compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form
substantially as follows:
PEST CONTROL COMPACT
Article I.
Findings
The party states find that:
(a) In the absence of the higher degree of cooperation among them possible
under this compact, the annual loss of approximately 137 billion dollars from
the depredations of pests is virtually certain to continue, if not to increase.
(b) Because of the varying climatic, geographic and economic factors, each
state may be affected differently by particular species of pests; but all
states share the inability to protect themselves fully against those pests
which present serious dangers to them.
(c) The migratory character of pest infestations makes it necessary for
states both adjacent to and distant from one another, to complement each
other's activities when faced with conditions of infestation and reinfestation.
(d) While every state is seriously affected by a substantial number of pests,
and every state is susceptible to infestation by many species of pests not now
causing damage to its crop and plant life and products, the fact that
relatively few species of pests present equal danger to or are of interest to
all states makes the establishment and operation of an insurance fund, from
which individual states may obtain financial support for pest control programs
of benefit to them in other states and to which they may contribute in
accordance with their relative interest, the most equitable means of financing
cooperative pest eradication and control programs.
Article II.
Definitions
As used in this compact, unless the context clearly requires a different
construction:
(a) "State" means a state, territory, or possession of the United States, the
District of Columbia and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes the procedures of the
compact to secure the undertaking or intensification of measures to control or
eradicate one or more pests within one or more other states.
(c) "Responding state" means a state requested to undertake or intensify the
measures referred to in subdivision (b) of this article.
(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or
similar or allied organism which can cause disease or damage in any crops,
trees, shrubs, grasses or other plants of substantial value.
(e) "Insurance fund" means the pest control insurance fund established
pursuant to this compact.
(f) "Governing board" means the administrators of this compact representing
all of the party states when such administrators are acting as a body in
pursuance of authority vested in them by this compact.
(g) "Executive committee" means the committee established pursuant to
Article V(e), of this compact.
Article III.
The Insurance Fund
There is hereby established the pest control insurance fund for the purpose of
financing other than normal pest control operations which states may be called
upon to engage in pursuant to this compact. The insurance fund shall contain
moneys appropriated to it by the party states and any donations and grants
accepted by it. All appropriations, except as conditioned by the rights and
obligations of party states expressly set forth in this compact, shall be
unconditional and may not be restricted by the appropriating state to use in
the control of any specified pest or pests. Donations and grants may be
conditional or unconditional, provided that the insurance fund shall not accept
any donation or grant whose terms are inconsistent with any provision of this
compact.
Article IV.
The Insurance Fund, Internal Operations and Management
(a) The insurance fund shall be administered by a governing board and
executive committee as hereinafter provided. The actions of the governing board
and the executive committee pursuant to this compact shall be deemed the
actions of the insurance fund.
(b) The members of the governing board shall be entitled to one vote on such
board. No action of the governing board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the governing board
is cast in favor thereof. Action of the governing board shall be only at a
meeting at which a majority of the members are present.
(c) The insurance fund shall have a seal which may be employed as an official
symbol and which may be affixed to documents and otherwise used as the
governing board may provide.
(d) The governing board shall elect annually, from among its members, a
chairman, a vice chairman, a secretary and a treasurer. The chairman may not
succeed himself. The governing board may appoint an executive director and fix
his duties and his compensation, if any. Such executive director shall serve at
the pleasure of the governing board. The governing board shall make provision
for the bonding of such of the officers and employees of the insurance fund as
may be appropriate.
(e) Irrespective of the civil service, personnel or other merit system laws
of any of the party states, the executive director, or if there be no executive
director, the chairman, in accordance with such procedures as the bylaws may
provide, shall appoint, remove or discharge such personnel as may be necessary
for the performance of the functions of the insurance fund and shall fix the
duties and compensation of such personnel. The governing board in its bylaws
shall provide for the personnel policies and programs of the insurance fund.
(f) The insurance fund may borrow, accept or contract for the services of
personnel from any state, the United States, or any other governmental agency,
or from any person, firm, association or corporation.
(g) The insurance fund may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any state, the United
States, or any other governmental agency, or from any person, firm,
association, or corporation, and may receive, utilize and dispose of the same.
Any donation, gift or grant accepted by the governing board pursuant to this
paragraph or services borrowed pursuant to paragraph (f) of this Article shall
be reported in the annual report of the insurance fund. Such report shall
include the nature, amount and conditions, if any, of the donation, gift, grant
or services borrowed and the identity of the donor or lender.
(h) The governing board shall adopt bylaws for the conduct of the business of
the insurance fund and shall have the power to amend and rescind these bylaws.
The insurance fund shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendment thereto with the appropriate agency or
officer in each of the party states.
(i) The insurance fund annually shall make to the governor and legislature of
each party state a report covering its activities for the preceding year. The
insurance fund may make such additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically authorized and imposed,
the insurance fund may do such other things as are necessary and incidental to
the conduct of its affairs pursuant to this compact.
Article V.
Compact and Insurance Fund Administration
(a) In each party state there shall be a compact administrator, who shall be
selected and serve in such manner as the laws of his state may provide, and who
shall:
(1) Assist in the coordination of activities pursuant to the compact in his
state; and
(2) represent his state on the governing board of the insurance fund.
(b) If the laws of the United States specifically so provide, or if
administrative provision is made therefore within the federal government, the
United States may be represented on the governing board of the insurance fund
by not to exceed three representatives. Any such representative or
representatives of the United States shall be appointed and serve in such
manner as may be provided by or pursuant to federal law, but no such
representative shall have a vote on the governing board or the executive
committee thereof.
(c) The governing board shall meet at least once each year for the purpose of
determining policies and procedures in the administration of the insurance fund
and, consistent with the provisions of the compact, supervising and giving
direction to the expenditure of moneys from the insurance fund. Additional
meetings of the governing board shall be held on call of the chairman, the
executive committee or a majority of the membership of the governing board.
(d) At such times as it may be meeting, the governing board shall pass upon
applications for assistance from the insurance fund and authorize disbursements
therefrom. When the governing board is not in session, the executive committee
thereof shall act as agent of the governing board, with full authority to act
for it in passing upon such applications.
(e) The executive committee shall be composed of the chairman of the
governing board and four additional members of the governing board chosen by it
so that there shall be one member representing each of four geographic
groupings of party states. The governing board shall make such geographic
groupings. If there is representation of the United States on the governing
board, one such representative may meet with the executive committee. The
chairman of the governing board shall be chairman of the executive committee.
No action of the executive committee shall be binding unless taken at a meeting
at which at least four members of such committee are present and vote in favor
thereof. Necessary expenses of each of the five members of the executive
committee incurred in attending meetings of such committee, when not held at
the same time and place as a meeting of the governing board, shall be charges
against the insurance fund.
Article VI.
Assistance and Reimbursement
(a) Each party state pledges to each other party state that it will employ
its best efforts to eradicate, or control within the strictest practicable
limits, any and all pests. It is recognized that performance of this
responsibility involves:
(1) The maintenance of pest control and eradication activities of interstate
significance by a party state at a level that would be reasonable for its own
protection in the absence of this compact.
(2) The meeting of emergency outbreaks or infestations of interstate
significance to no less an extent than would have been done in the absence of
this compact.
(b) Whenever a party state is threatened by a pest not present within its
borders but present within another party state, or whenever a party state is
undertaking or engaged in activities for the control or eradication of a pest
or pests, and finds that such activities are or would be impracticable or
substantially more difficult of success by reason of failure of another party
state to cope with infestation or threatened infestation, that state may
request the governing board to authorize expenditures from the insurance fund
for eradication or control measures to be taken by one or more of such other
party states at a level sufficient to prevent, or to reduce to the greatest
practicable extent, infestation or reinfestation of the requesting state. Upon
such authorization the responding state or states shall take or increase such
eradication or control measures as may be warranted. A responding state shall
use moneys available from the insurance fund expeditiously and efficiently
to assist in affording the protection requested.
(c) In order to apply for expenditures from the insurance fund, a requesting
state shall submit the following in writing:
(1) A detailed statement of the circumstances which occasion the request for
the invoking of the compact.
(2) Evidence that the pest on account of whose eradication or control
assistance is requested constitutes a danger to an agricultural or forest crop,
product, tree, shrub, grass or other plant having a substantial value to the
requesting state.
(3) A statement of the extent of the present and projected program of the
requesting state and its subdivisions, including full information as to the
legal authority for the conduct of such program or programs and the
expenditures being made or budgeted therefore, in connection with the
eradication, control or prevention of introduction of the pest concerned.
(4) Proof that the expenditures being made or budgeted as detailed in item 3
do not constitute a reduction of the effort for the control or eradication of
the pest concerned or, if there is a reduction, the reasons why the level of
program detailed in item 3 constitutes a normal level of pest control activity.
(5) A declaration as to whether, to the best of its knowledge and belief, the
conditions which in its view occasion the invoking of the compact in the
particular instance can be abated by a program undertaken with the aid of
moneys from the insurance fund in one year or less or whether the request is
for an installment in a program which is likely to continue for a longer period
of time.
(6) Such other information as the governing board may require consistent with
the provisions of this compact.
(d) The governing board or executive committee shall give due notice of any
meeting at which an application for assistance from the insurance fund is to be
considered. Such notice shall be given to the compact administrator of each
party state and to such other officers and agencies as may be designated by the
laws of the party states. The requesting state and any other party state shall
be entitled to be represented and present evidence and argument at such
meeting.
(e) Upon the submission as required by paragraph (c) of this Article and such
other information as it may have or acquire, and upon determining that an
expenditure of funds is within the purposes of this compact and justified
thereby, the governing board or executive committee shall authorize support of
the program. The governing board or executive committee may meet at any
time or place for the purpose of receiving and considering an application. Any
and all determinations of the governing board or executive committee, with
respect to an application, together with the reasons therefore shall be
recorded and subscribed in such manner as to show and preserve the votes of the
individual members thereof.
(f) A requesting state which is dissatisfied with a determination of the
executive committee shall upon notice in writing given within twenty days of
the determination with which it is dissatisfied, be entitled to receive a
review thereof at the next meeting of the governing board. Determinations of
the executive committee shall be reviewable only by the governing board at one
of its regular meetings, or at a special meeting held in such manner as the
governing board may authorize.
(g) Responding states required to undertake or increase measures pursuant to
this compact may receive moneys from the insurance fund, either at the time or
times when such state incurs expenditures on account of such measures, or as
reimbursement for expenses incurred and chargeable to the insurance fund.
The governing board shall adopt and, from time to time, may amend or revise
procedures for submission of claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the insurance fund
pursuant to an application of a requesting state, the insurance fund shall
ascertain the extent and nature of any timely assistance or participation which
may be available from the federal government and shall request the appropriate
agency or agencies of the federal government for such assistance and
participation.
(i) The insurance fund may negotiate and execute a memorandum of
understanding or other appropriate instrument defining the extent and degree of
assistance or participation between and among the insurance fund, cooperating
federal agencies, states and any other entities concerned.
Article VII.
Advisory and Technical Committees
The governing board may establish advisory and technical committees composed of
state, local, and federal officials and private persons to advise it with
respect to any one or more of its functions. Any such advisory or technical
committee, or any member or members thereof may meet with and participate in
its deliberations upon request of the governing board or executive committee.
An advisory or technical committee may furnish information and recommendations
with respect to any application for assistance from the insurance fund being
considered by such board or committee and the board or committee may receive
and consider the same: Provided, That any participant in a meeting of the
governing board or executive committee held pursuant to Article VI(d) of the
compact shall be entitled to know the substance of any such information and
recommendations, at the time of the meeting if made prior thereto or as a part
thereof or, if made thereafter, no later than the time at which the governing
board or executive committee makes its disposition of the application.
Article VIII.
Relations with Nonparty Jurisdictions
(a) A party state may make application for assistance from the insurance fund
in respect of a pest in a nonparty state. Such application shall be considered
and disposed of by the governing board or executive committee in the same
manner as an application with respect to a pest within a party state, except as
provided in this Article.
(b) At or in connection with any meeting of the governing board or executive
committee held pursuant to Article VI(d) of this compact a nonparty
state shall be entitled to appear, participate and receive information only to
such extent as the governing board or executive committee may provide. A
nonparty state shall not be entitled to review of any determination made by the
executive committee.
(c) The governing board or executive committee shall authorize expenditures
from the insurance fund to be made in a nonparty state only after determining
that the conditions in such state and the value of such expenditures to the
party states as a whole justify them. The governing board or executive
committee may set any conditions which it deems appropriate with respect to the
expenditure of moneys from the insurance fund in a nonparty state and may enter
into such agreement or agreements with nonparty states and other jurisdictions
or entities as it may deem necessary or appropriate to protect the interests of
the insurance fund with respect to expenditures and activities outside of party
states.
Article IX.
Finance
(a) The insurance fund shall submit to the executive head or designated
officer or officers of each party state a budget for the insurance fund for
such period as may be required by the laws of that party state for presentation
to the legislature thereof.
(b) Each of the budgets shall contain specific recommendations of the amount
or amounts to be appropriated by each of the party states. The requests for
appropriations shall be apportioned among the party states as follows:
one-tenth of the total budget in equal shares and the remainder in proportion
to the value of agricultural and forest crops and products, excluding animals
and animal products, produced in each party state. In determining the value of
such crops and products the insurance fund may employ such source or sources of
information as in its judgment present the most equitable and accurate
comparisons among the party states. Each of the budgets and requests for
appropriations shall indicate the source or sources used in obtaining
information concerning value of products.
(c) The financial assets of the insurance fund shall be maintained in two
accounts to be designated respectively as the "operating account" and the
"claims account". The operating account shall consist only of those assets
necessary for the administration of the insurance fund during the next ensuing
two-year period. The claims account shall contain all moneys not included in
the operating account and shall not exceed the amount reasonably estimated to
be sufficient to pay all legitimate claims on the insurance fund for a period
of three years. At any time when the claims account has reached its maximum
limit or would reach its maximum limit by the addition of moneys requested for
appropriation by the party states, the governing board shall reduce its budget
requests on a pro rata basis in such manner as to keep the claims account
within such maximum limit. Any moneys in the claims account by virtue of
conditional donations, grants or gifts shall be included in calculations made
pursuant to this paragraph only to the extent that such moneys are available to
meet demands arising out of claims.
(d) The insurance fund shall not pledge the credit of any party state. The
insurance fund may meet any of its obligations in whole or in part with moneys
available to it under Article IV(g) of this compact, provided
that the governing board takes specific action setting aside such moneys prior
to incurring any obligation to be met in whole or in part in such manner.
Except where the insurance fund makes use of moneys available to it under
Article IV(g) hereof, the insurance fund shall not incur any
obligation prior to the allotment of moneys by the party states adequate to
meet the same.
(e) The insurance fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the insurance fund shall be
subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the insurance fund
shall be audited yearly by a certified or licensed public accountant and
report of the audit shall be included in and become part of the annual report
of the insurance fund.
(f) The accounts of the insurance fund shall be open at any reasonable time
for inspection by duly authorized officers of the party states and by any
persons authorized by the insurance fund.
Article X.
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by any five or
more states. Thereafter, this compact shall become effective as to any other
state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until two years
after the executive head of the withdrawing state has given notice in writing
of the withdrawal to the executive heads of all other party states. No
withdrawal shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
Article XI.
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared to be contrary to
the constitution of any state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state
participating herein the compact shall remain in full force and effect as to
the remaining party states and in full force and effect as to the state
affected as to all severable matters.
2-2135.Pest control compact; enactment.
The pest control compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form
substantially as follows:
PEST CONTROL COMPACT
Article I.
Findings
The party states find that:
(a) In the absence of the higher degree of cooperation among them possible
under this compact, the annual loss of approximately 137 billion dollars from
the depredations of pests is virtually certain to continue, if not to increase.
(b) Because of the varying climatic, geographic and economic factors, each
state may be affected differently by particular species of pests; but all
states share the inability to protect themselves fully against those pests
which present serious dangers to them.
(c) The migratory character of pest infestations makes it necessary for
states both adjacent to and distant from one another, to complement each
other's activities when faced with conditions of infestation and reinfestation.
(d) While every state is seriously affected by a substantial number of pests,
and every state is susceptible to infestation by many species of pests not now
causing damage to its crop and plant life and products, the fact that
relatively few species of pests present equal danger to or are of interest to
all states makes the establishment and operation of an insurance fund, from
which individual states may obtain financial support for pest control programs
of benefit to them in other states and to which they may contribute in
accordance with their relative interest, the most equitable means of financing
cooperative pest eradication and control programs.
Article II.
Definitions
As used in this compact, unless the context clearly requires a different
construction:
(a) "State" means a state, territory, or possession of the United States, the
District of Columbia and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes the procedures of the
compact to secure the undertaking or intensification of measures to control or
eradicate one or more pests within one or more other states.
(c) "Responding state" means a state requested to undertake or intensify the
measures referred to in subdivision (b) of this article.
(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or
similar or allied organism which can cause disease or damage in any crops,
trees, shrubs, grasses or other plants of substantial value.
(e) "Insurance fund" means the pest control insurance fund established
pursuant to this compact.
(f) "Governing board" means the administrators of this compact representing
all of the party states when such administrators are acting as a body in
pursuance of authority vested in them by this compact.
(g) "Executive committee" means the committee established pursuant to
Article V(e), of this compact.
Article III.
The Insurance Fund
There is hereby established the pest control insurance fund for the purpose of
financing other than normal pest control operations which states may be called
upon to engage in pursuant to this compact. The insurance fund shall contain
moneys appropriated to it by the party states and any donations and grants
accepted by it. All appropriations, except as conditioned by the rights and
obligations of party states expressly set forth in this compact, shall be
unconditional and may not be restricted by the appropriating state to use in
the control of any specified pest or pests. Donations and grants may be
conditional or unconditional, provided that the insurance fund shall not accept
any donation or grant whose terms are inconsistent with any provision of this
compact.
Article IV.
The Insurance Fund, Internal Operations and Management
(a) The insurance fund shall be administered by a governing board and
executive committee as hereinafter provided. The actions of the governing board
and the executive committee pursuant to this compact shall be deemed the
actions of the insurance fund.
(b) The members of the governing board shall be entitled to one vote on such
board. No action of the governing board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the governing board
is cast in favor thereof. Action of the governing board shall be only at a
meeting at which a majority of the members are present.
(c) The insurance fund shall have a seal which may be employed as an official
symbol and which may be affixed to documents and otherwise used as the
governing board may provide.
(d) The governing board shall elect annually, from among its members, a
chairman, a vice chairman, a secretary and a treasurer. The chairman may not
succeed himself. The governing board may appoint an executive director and fix
his duties and his compensation, if any. Such executive director shall serve at
the pleasure of the governing board. The governing board shall make provision
for the bonding of such of the officers and employees of the insurance fund as
may be appropriate.
(e) Irrespective of the civil service, personnel or other merit system laws
of any of the party states, the executive director, or if there be no executive
director, the chairman, in accordance with such procedures as the bylaws may
provide, shall appoint, remove or discharge such personnel as may be necessary
for the performance of the functions of the insurance fund and shall fix the
duties and compensation of such personnel. The governing board in its bylaws
shall provide for the personnel policies and programs of the insurance fund.
(f) The insurance fund may borrow, accept or contract for the services of
personnel from any state, the United States, or any other governmental agency,
or from any person, firm, association or corporation.
(g) The insurance fund may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any state, the United
States, or any other governmental agency, or from any person, firm,
association, or corporation, and may receive, utilize and dispose of the same.
Any donation, gift or grant accepted by the governing board pursuant to this
paragraph or services borrowed pursuant to paragraph (f) of this Article shall
be reported in the annual report of the insurance fund. Such report shall
include the nature, amount and conditions, if any, of the donation, gift, grant
or services borrowed and the identity of the donor or lender.
(h) The governing board shall adopt bylaws for the conduct of the business of
the insurance fund and shall have the power to amend and rescind these bylaws.
The insurance fund shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendment thereto with the appropriate agency or
officer in each of the party states.
(i) The insurance fund annually shall make to the governor and legislature of
each party state a report covering its activities for the preceding year. The
insurance fund may make such additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically authorized and imposed,
the insurance fund may do such other things as are necessary and incidental to
the conduct of its affairs pursuant to this compact.
Article V.
Compact and Insurance Fund Administration
(a) In each party state there shall be a compact administrator, who shall be
selected and serve in such manner as the laws of his state may provide, and who
shall:
(1) Assist in the coordination of activities pursuant to the compact in his
state; and
(2) represent his state on the governing board of the insurance fund.
(b) If the laws of the United States specifically so provide, or if
administrative provision is made therefore within the federal government, the
United States may be represented on the governing board of the insurance fund
by not to exceed three representatives. Any such representative or
representatives of the United States shall be appointed and serve in such
manner as may be provided by or pursuant to federal law, but no such
representative shall have a vote on the governing board or the executive
committee thereof.
(c) The governing board shall meet at least once each year for the purpose of
determining policies and procedures in the administration of the insurance fund
and, consistent with the provisions of the compact, supervising and giving
direction to the expenditure of moneys from the insurance fund. Additional
meetings of the governing board shall be held on call of the chairman, the
executive committee or a majority of the membership of the governing board.
(d) At such times as it may be meeting, the governing board shall pass upon
applications for assistance from the insurance fund and authorize disbursements
therefrom. When the governing board is not in session, the executive committee
thereof shall act as agent of the governing board, with full authority to act
for it in passing upon such applications.
(e) The executive committee shall be composed of the chairman of the
governing board and four additional members of the governing board chosen by it
so that there shall be one member representing each of four geographic
groupings of party states. The governing board shall make such geographic
groupings. If there is representation of the United States on the governing
board, one such representative may meet with the executive committee. The
chairman of the governing board shall be chairman of the executive committee.
No action of the executive committee shall be binding unless taken at a meeting
at which at least four members of such committee are present and vote in favor
thereof. Necessary expenses of each of the five members of the executive
committee incurred in attending meetings of such committee, when not held at
the same time and place as a meeting of the governing board, shall be charges
against the insurance fund.
Article VI.
Assistance and Reimbursement
(a) Each party state pledges to each other party state that it will employ
its best efforts to eradicate, or control within the strictest practicable
limits, any and all pests. It is recognized that performance of this
responsibility involves:
(1) The maintenance of pest control and eradication activities of interstate
significance by a party state at a level that would be reasonable for its own
protection in the absence of this compact.
(2) The meeting of emergency outbreaks or infestations of interstate
significance to no less an extent than would have been done in the absence of
this compact.
(b) Whenever a party state is threatened by a pest not present within its
borders but present within another party state, or whenever a party state is
undertaking or engaged in activities for the control or eradication of a pest
or pests, and finds that such activities are or would be impracticable or
substantially more difficult of success by reason of failure of another party
state to cope with infestation or threatened infestation, that state may
request the governing board to authorize expenditures from the insurance fund
for eradication or control measures to be taken by one or more of such other
party states at a level sufficient to prevent, or to reduce to the greatest
practicable extent, infestation or reinfestation of the requesting state. Upon
such authorization the responding state or states shall take or increase such
eradication or control measures as may be warranted. A responding state shall
use moneys available from the insurance fund expeditiously and efficiently
to assist in affording the protection requested.
(c) In order to apply for expenditures from the insurance fund, a requesting
state shall submit the following in writing:
(1) A detailed statement of the circumstances which occasion the request for
the invoking of the compact.
(2) Evidence that the pest on account of whose eradication or control
assistance is requested constitutes a danger to an agricultural or forest crop,
product, tree, shrub, grass or other plant having a substantial value to the
requesting state.
(3) A statement of the extent of the present and projected program of the
requesting state and its subdivisions, including full information as to the
legal authority for the conduct of such program or programs and the
expenditures being made or budgeted therefore, in connection with the
eradication, control or prevention of introduction of the pest concerned.
(4) Proof that the expenditures being made or budgeted as detailed in item 3
do not constitute a reduction of the effort for the control or eradication of
the pest concerned or, if there is a reduction, the reasons why the level of
program detailed in item 3 constitutes a normal level of pest control activity.
(5) A declaration as to whether, to the best of its knowledge and belief, the
conditions which in its view occasion the invoking of the compact in the
particular instance can be abated by a program undertaken with the aid of
moneys from the insurance fund in one year or less or whether the request is
for an installment in a program which is likely to continue for a longer period
of time.
(6) Such other information as the governing board may require consistent with
the provisions of this compact.
(d) The governing board or executive committee shall give due notice of any
meeting at which an application for assistance from the insurance fund is to be
considered. Such notice shall be given to the compact administrator of each
party state and to such other officers and agencies as may be designated by the
laws of the party states. The requesting state and any other party state shall
be entitled to be represented and present evidence and argument at such
meeting.
(e) Upon the submission as required by paragraph (c) of this Article and such
other information as it may have or acquire, and upon determining that an
expenditure of funds is within the purposes of this compact and justified
thereby, the governing board or executive committee shall authorize support of
the program. The governing board or executive committee may meet at any
time or place for the purpose of receiving and considering an application. Any
and all determinations of the governing board or executive committee, with
respect to an application, together with the reasons therefore shall be
recorded and subscribed in such manner as to show and preserve the votes of the
individual members thereof.
(f) A requesting state which is dissatisfied with a determination of the
executive committee shall upon notice in writing given within twenty days of
the determination with which it is dissatisfied, be entitled to receive a
review thereof at the next meeting of the governing board. Determinations of
the executive committee shall be reviewable only by the governing board at one
of its regular meetings, or at a special meeting held in such manner as the
governing board may authorize.
(g) Responding states required to undertake or increase measures pursuant to
this compact may receive moneys from the insurance fund, either at the time or
times when such state incurs expenditures on account of such measures, or as
reimbursement for expenses incurred and chargeable to the insurance fund.
The governing board shall adopt and, from time to time, may amend or revise
procedures for submission of claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the insurance fund
pursuant to an application of a requesting state, the insurance fund shall
ascertain the extent and nature of any timely assistance or participation which
may be available from the federal government and shall request the appropriate
agency or agencies of the federal government for such assistance and
participation.
(i) The insurance fund may negotiate and execute a memorandum of
understanding or other appropriate instrument defining the extent and degree of
assistance or participation between and among the insurance fund, cooperating
federal agencies, states and any other entities concerned.
Article VII.
Advisory and Technical Committees
The governing board may establish advisory and technical committees composed of
state, local, and federal officials and private persons to advise it with
respect to any one or more of its functions. Any such advisory or technical
committee, or any member or members thereof may meet with and participate in
its deliberations upon request of the governing board or executive committee.
An advisory or technical committee may furnish information and recommendations
with respect to any application for assistance from the insurance fund being
considered by such board or committee and the board or committee may receive
and consider the same: Provided, That any participant in a meeting of the
governing board or executive committee held pursuant to Article VI(d) of the
compact shall be entitled to know the substance of any such information and
recommendations, at the time of the meeting if made prior thereto or as a part
thereof or, if made thereafter, no later than the time at which the governing
board or executive committee makes its disposition of the application.
Article VIII.
Relations with Nonparty Jurisdictions
(a) A party state may make application for assistance from the insurance fund
in respect of a pest in a nonparty state. Such application shall be considered
and disposed of by the governing board or executive committee in the same
manner as an application with respect to a pest within a party state, except as
provided in this Article.
(b) At or in connection with any meeting of the governing board or executive
committee held pursuant to Article VI(d) of this compact a nonparty
state shall be entitled to appear, participate and receive information only to
such extent as the governing board or executive committee may provide. A
nonparty state shall not be entitled to review of any determination made by the
executive committee.
(c) The governing board or executive committee shall authorize expenditures
from the insurance fund to be made in a nonparty state only after determining
that the conditions in such state and the value of such expenditures to the
party states as a whole justify them. The governing board or executive
committee may set any conditions which it deems appropriate with respect to the
expenditure of moneys from the insurance fund in a nonparty state and may enter
into such agreement or agreements with nonparty states and other jurisdictions
or entities as it may deem necessary or appropriate to protect the interests of
the insurance fund with respect to expenditures and activities outside of party
states.
Article IX.
Finance
(a) The insurance fund shall submit to the executive head or designated
officer or officers of each party state a budget for the insurance fund for
such period as may be required by the laws of that party state for presentation
to the legislature thereof.
(b) Each of the budgets shall contain specific recommendations of the amount
or amounts to be appropriated by each of the party states. The requests for
appropriations shall be apportioned among the party states as follows:
one-tenth of the total budget in equal shares and the remainder in proportion
to the value of agricultural and forest crops and products, excluding animals
and animal products, produced in each party state. In determining the value of
such crops and products the insurance fund may employ such source or sources of
information as in its judgment present the most equitable and accurate
comparisons among the party states. Each of the budgets and requests for
appropriations shall indicate the source or sources used in obtaining
information concerning value of products.
(c) The financial assets of the insurance fund shall be maintained in two
accounts to be designated respectively as the "operating account" and the
"claims account". The operating account shall consist only of those assets
necessary for the administration of the insurance fund during the next ensuing
two-year period. The claims account shall contain all moneys not included in
the operating account and shall not exceed the amount reasonably estimated to
be sufficient to pay all legitimate claims on the insurance fund for a period
of three years. At any time when the claims account has reached its maximum
limit or would reach its maximum limit by the addition of moneys requested for
appropriation by the party states, the governing board shall reduce its budget
requests on a pro rata basis in such manner as to keep the claims account
within such maximum limit. Any moneys in the claims account by virtue of
conditional donations, grants or gifts shall be included in calculations made
pursuant to this paragraph only to the extent that such moneys are available to
meet demands arising out of claims.
(d) The insurance fund shall not pledge the credit of any party state. The
insurance fund may meet any of its obligations in whole or in part with moneys
available to it under Article IV(g) of this compact, provided
that the governing board takes specific action setting aside such moneys prior
to incurring any obligation to be met in whole or in part in such manner.
Except where the insurance fund makes use of moneys available to it under
Article IV(g) hereof, the insurance fund shall not incur any
obligation prior to the allotment of moneys by the party states adequate to
meet the same.
(e) The insurance fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the insurance fund shall be
subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the insurance fund
shall be audited yearly by a certified or licensed public accountant and
report of the audit shall be included in and become part of the annual report
of the insurance fund.
(f) The accounts of the insurance fund shall be open at any reasonable time
for inspection by duly authorized officers of the party states and by any
persons authorized by the insurance fund.
Article X.
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by any five or
more states. Thereafter, this compact shall become effective as to any other
state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until two years
after the executive head of the withdrawing state has given notice in writing
of the withdrawal to the executive heads of all other party states. No
withdrawal shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
Article XI.
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared to be contrary to
the constitution of any state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state
participating herein the compact shall remain in full force and effect as to
the remaining party states and in full force and effect as to the state
affected as to all severable matters.
2-2135.Pest control compact; enactment.
The pest control compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form
substantially as follows:
PEST CONTROL COMPACT
Article I.
Findings
The party states find that:
(a) In the absence of the higher degree of cooperation among them possible
under this compact, the annual loss of approximately 137 billion dollars from
the depredations of pests is virtually certain to continue, if not to increase.
(b) Because of the varying climatic, geographic and economic factors, each
state may be affected differently by particular species of pests; but all
states share the inability to protect themselves fully against those pests
which present serious dangers to them.
(c) The migratory character of pest infestations makes it necessary for
states both adjacent to and distant from one another, to complement each
other's activities when faced with conditions of infestation and reinfestation.
(d) While every state is seriously affected by a substantial number of pests,
and every state is susceptible to infestation by many species of pests not now
causing damage to its crop and plant life and products, the fact that
relatively few species of pests present equal danger to or are of interest to
all states makes the establishment and operation of an insurance fund, from
which individual states may obtain financial support for pest control programs
of benefit to them in other states and to which they may contribute in
accordance with their relative interest, the most equitable means of financing
cooperative pest eradication and control programs.
Article II.
Definitions
As used in this compact, unless the context clearly requires a different
construction:
(a) "State" means a state, territory, or possession of the United States, the
District of Columbia and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes the procedures of the
compact to secure the undertaking or intensification of measures to control or
eradicate one or more pests within one or more other states.
(c) "Responding state" means a state requested to undertake or intensify the
measures referred to in subdivision (b) of this article.
(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or
similar or allied organism which can cause disease or damage in any crops,
trees, shrubs, grasses or other plants of substantial value.
(e) "Insurance fund" means the pest control insurance fund established
pursuant to this compact.
(f) "Governing board" means the administrators of this compact representing
all of the party states when such administrators are acting as a body in
pursuance of authority vested in them by this compact.
(g) "Executive committee" means the committee established pursuant to
Article V(e), of this compact.
Article III.
The Insurance Fund
There is hereby established the pest control insurance fund for the purpose of
financing other than normal pest control operations which states may be called
upon to engage in pursuant to this compact. The insurance fund shall contain
moneys appropriated to it by the party states and any donations and grants
accepted by it. All appropriations, except as conditioned by the rights and
obligations of party states expressly set forth in this compact, shall be
unconditional and may not be restricted by the appropriating state to use in
the control of any specified pest or pests. Donations and grants may be
conditional or unconditional, provided that the insurance fund shall not accept
any donation or grant whose terms are inconsistent with any provision of this
compact.
Article IV.
The Insurance Fund, Internal Operations and Management
(a) The insurance fund shall be administered by a governing board and
executive committee as hereinafter provided. The actions of the governing board
and the executive committee pursuant to this compact shall be deemed the
actions of the insurance fund.
(b) The members of the governing board shall be entitled to one vote on such
board. No action of the governing board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the governing board
is cast in favor thereof. Action of the governing board shall be only at a
meeting at which a majority of the members are present.
(c) The insurance fund shall have a seal which may be employed as an official
symbol and which may be affixed to documents and otherwise used as the
governing board may provide.
(d) The governing board shall elect annually, from among its members, a
chairman, a vice chairman, a secretary and a treasurer. The chairman may not
succeed himself. The governing board may appoint an executive director and fix
his duties and his compensation, if any. Such executive director shall serve at
the pleasure of the governing board. The governing board shall make provision
for the bonding of such of the officers and employees of the insurance fund as
may be appropriate.
(e) Irrespective of the civil service, personnel or other merit system laws
of any of the party states, the executive director, or if there be no executive
director, the chairman, in accordance with such procedures as the bylaws may
provide, shall appoint, remove or discharge such personnel as may be necessary
for the performance of the functions of the insurance fund and shall fix the
duties and compensation of such personnel. The governing board in its bylaws
shall provide for the personnel policies and programs of the insurance fund.
(f) The insurance fund may borrow, accept or contract for the services of
personnel from any state, the United States, or any other governmental agency,
or from any person, firm, association or corporation.
(g) The insurance fund may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any state, the United
States, or any other governmental agency, or from any person, firm,
association, or corporation, and may receive, utilize and dispose of the same.
Any donation, gift or grant accepted by the governing board pursuant to this
paragraph or services borrowed pursuant to paragraph (f) of this Article shall
be reported in the annual report of the insurance fund. Such report shall
include the nature, amount and conditions, if any, of the donation, gift, grant
or services borrowed and the identity of the donor or lender.
(h) The governing board shall adopt bylaws for the conduct of the business of
the insurance fund and shall have the power to amend and rescind these bylaws.
The insurance fund shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendment thereto with the appropriate agency or
officer in each of the party states.
(i) The insurance fund annually shall make to the governor and legislature of
each party state a report covering its activities for the preceding year. The
insurance fund may make such additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically authorized and imposed,
the insurance fund may do such other things as are necessary and incidental to
the conduct of its affairs pursuant to this compact.
Article V.
Compact and Insurance Fund Administration
(a) In each party state there shall be a compact administrator, who shall be
selected and serve in such manner as the laws of his state may provide, and who
shall:
(1) Assist in the coordination of activities pursuant to the compact in his
state; and
(2) represent his state on the governing board of the insurance fund.
(b) If the laws of the United States specifically so provide, or if
administrative provision is made therefore within the federal government, the
United States may be represented on the governing board of the insurance fund
by not to exceed three representatives. Any such representative or
representatives of the United States shall be appointed and serve in such
manner as may be provided by or pursuant to federal law, but no such
representative shall have a vote on the governing board or the executive
committee thereof.
(c) The governing board shall meet at least once each year for the purpose of
determining policies and procedures in the administration of the insurance fund
and, consistent with the provisions of the compact, supervising and giving
direction to the expenditure of moneys from the insurance fund. Additional
meetings of the governing board shall be held on call of the chairman, the
executive committee or a majority of the membership of the governing board.
(d) At such times as it may be meeting, the governing board shall pass upon
applications for assistance from the insurance fund and authorize disbursements
therefrom. When the governing board is not in session, the executive committee
thereof shall act as agent of the governing board, with full authority to act
for it in passing upon such applications.
(e) The executive committee shall be composed of the chairman of the
governing board and four additional members of the governing board chosen by it
so that there shall be one member representing each of four geographic
groupings of party states. The governing board shall make such geographic
groupings. If there is representation of the United States on the governing
board, one such representative may meet with the executive committee. The
chairman of the governing board shall be chairman of the executive committee.
No action of the executive committee shall be binding unless taken at a meeting
at which at least four members of such committee are present and vote in favor
thereof. Necessary expenses of each of the five members of the executive
committee incurred in attending meetings of such committee, when not held at
the same time and place as a meeting of the governing board, shall be charges
against the insurance fund.
Article VI.
Assistance and Reimbursement
(a) Each party state pledges to each other party state that it will employ
its best efforts to eradicate, or control within the strictest practicable
limits, any and all pests. It is recognized that performance of this
responsibility involves:
(1) The maintenance of pest control and eradication activities of interstate
significance by a party state at a level that would be reasonable for its own
protection in the absence of this compact.
(2) The meeting of emergency outbreaks or infestations of interstate
significance to no less an extent than would have been done in the absence of
this compact.
(b) Whenever a party state is threatened by a pest not present within its
borders but present within another party state, or whenever a party state is
undertaking or engaged in activities for the control or eradication of a pest
or pests, and finds that such activities are or would be impracticable or
substantially more difficult of success by reason of failure of another party
state to cope with infestation or threatened infestation, that state may
request the governing board to authorize expenditures from the insurance fund
for eradication or control measures to be taken by one or more of such other
party states at a level sufficient to prevent, or to reduce to the greatest
practicable extent, infestation or reinfestation of the requesting state. Upon
such authorization the responding state or states shall take or increase such
eradication or control measures as may be warranted. A responding state shall
use moneys available from the insurance fund expeditiously and efficiently
to assist in affording the protection requested.
(c) In order to apply for expenditures from the insurance fund, a requesting
state shall submit the following in writing:
(1) A detailed statement of the circumstances which occasion the request for
the invoking of the compact.
(2) Evidence that the pest on account of whose eradication or control
assistance is requested constitutes a danger to an agricultural or forest crop,
product, tree, shrub, grass or other plant having a substantial value to the
requesting state.
(3) A statement of the extent of the present and projected program of the
requesting state and its subdivisions, including full information as to the
legal authority for the conduct of such program or programs and the
expenditures being made or budgeted therefore, in connection with the
eradication, control or prevention of introduction of the pest concerned.
(4) Proof that the expenditures being made or budgeted as detailed in item 3
do not constitute a reduction of the effort for the control or eradication of
the pest concerned or, if there is a reduction, the reasons why the level of
program detailed in item 3 constitutes a normal level of pest control activity.
(5) A declaration as to whether, to the best of its knowledge and belief, the
conditions which in its view occasion the invoking of the compact in the
particular instance can be abated by a program undertaken with the aid of
moneys from the insurance fund in one year or less or whether the request is
for an installment in a program which is likely to continue for a longer period
of time.
(6) Such other information as the governing board may require consistent with
the provisions of this compact.
(d) The governing board or executive committee shall give due notice of any
meeting at which an application for assistance from the insurance fund is to be
considered. Such notice shall be given to the compact administrator of each
party state and to such other officers and agencies as may be designated by the
laws of the party states. The requesting state and any other party state shall
be entitled to be represented and present evidence and argument at such
meeting.
(e) Upon the submission as required by paragraph (c) of this Article and such
other information as it may have or acquire, and upon determining that an
expenditure of funds is within the purposes of this compact and justified
thereby, the governing board or executive committee shall authorize support of
the program. The governing board or executive committee may meet at any
time or place for the purpose of receiving and considering an application. Any
and all determinations of the governing board or executive committee, with
respect to an application, together with the reasons therefore shall be
recorded and subscribed in such manner as to show and preserve the votes of the
individual members thereof.
(f) A requesting state which is dissatisfied with a determination of the
executive committee shall upon notice in writing given within twenty days of
the determination with which it is dissatisfied, be entitled to receive a
review thereof at the next meeting of the governing board. Determinations of
the executive committee shall be reviewable only by the governing board at one
of its regular meetings, or at a special meeting held in such manner as the
governing board may authorize.
(g) Responding states required to undertake or increase measures pursuant to
this compact may receive moneys from the insurance fund, either at the time or
times when such state incurs expenditures on account of such measures, or as
reimbursement for expenses incurred and chargeable to the insurance fund.
The governing board shall adopt and, from time to time, may amend or revise
procedures for submission of claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the insurance fund
pursuant to an application of a requesting state, the insurance fund shall
ascertain the extent and nature of any timely assistance or participation which
may be available from the federal government and shall request the appropriate
agency or agencies of the federal government for such assistance and
participation.
(i) The insurance fund may negotiate and execute a memorandum of
understanding or other appropriate instrument defining the extent and degree of
assistance or participation between and among the insurance fund, cooperating
federal agencies, states and any other entities concerned.
Article VII.
Advisory and Technical Committees
The governing board may establish advisory and technical committees composed of
state, local, and federal officials and private persons to advise it with
respect to any one or more of its functions. Any such advisory or technical
committee, or any member or members thereof may meet with and participate in
its deliberations upon request of the governing board or executive committee.
An advisory or technical committee may furnish information and recommendations
with respect to any application for assistance from the insurance fund being
considered by such board or committee and the board or committee may receive
and consider the same: Provided, That any participant in a meeting of the
governing board or executive committee held pursuant to Article VI(d) of the
compact shall be entitled to know the substance of any such information and
recommendations, at the time of the meeting if made prior thereto or as a part
thereof or, if made thereafter, no later than the time at which the governing
board or executive committee makes its disposition of the application.
Article VIII.
Relations with Nonparty Jurisdictions
(a) A party state may make application for assistance from the insurance fund
in respect of a pest in a nonparty state. Such application shall be considered
and disposed of by the governing board or executive committee in the same
manner as an application with respect to a pest within a party state, except as
provided in this Article.
(b) At or in connection with any meeting of the governing board or executive
committee held pursuant to Article VI(d) of this compact a nonparty
state shall be entitled to appear, participate and receive information only to
such extent as the governing board or executive committee may provide. A
nonparty state shall not be entitled to review of any determination made by the
executive committee.
(c) The governing board or executive committee shall authorize expenditures
from the insurance fund to be made in a nonparty state only after determining
that the conditions in such state and the value of such expenditures to the
party states as a whole justify them. The governing board or executive
committee may set any conditions which it deems appropriate with respect to the
expenditure of moneys from the insurance fund in a nonparty state and may enter
into such agreement or agreements with nonparty states and other jurisdictions
or entities as it may deem necessary or appropriate to protect the interests of
the insurance fund with respect to expenditures and activities outside of party
states.
Article IX.
Finance
(a) The insurance fund shall submit to the executive head or designated
officer or officers of each party state a budget for the insurance fund for
such period as may be required by the laws of that party state for presentation
to the legislature thereof.
(b) Each of the budgets shall contain specific recommendations of the amount
or amounts to be appropriated by each of the party states. The requests for
appropriations shall be apportioned among the party states as follows:
one-tenth of the total budget in equal shares and the remainder in proportion
to the value of agricultural and forest crops and products, excluding animals
and animal products, produced in each party state. In determining the value of
such crops and products the insurance fund may employ such source or sources of
information as in its judgment present the most equitable and accurate
comparisons among the party states. Each of the budgets and requests for
appropriations shall indicate the source or sources used in obtaining
information concerning value of products.
(c) The financial assets of the insurance fund shall be maintained in two
accounts to be designated respectively as the "operating account" and the
"claims account". The operating account shall consist only of those assets
necessary for the administration of the insurance fund during the next ensuing
two-year period. The claims account shall contain all moneys not included in
the operating account and shall not exceed the amount reasonably estimated to
be sufficient to pay all legitimate claims on the insurance fund for a period
of three years. At any time when the claims account has reached its maximum
limit or would reach its maximum limit by the addition of moneys requested for
appropriation by the party states, the governing board shall reduce its budget
requests on a pro rata basis in such manner as to keep the claims account
within such maximum limit. Any moneys in the claims account by virtue of
conditional donations, grants or gifts shall be included in calculations made
pursuant to this paragraph only to the extent that such moneys are available to
meet demands arising out of claims.
(d) The insurance fund shall not pledge the credit of any party state. The
insurance fund may meet any of its obligations in whole or in part with moneys
available to it under Article IV(g) of this compact, provided
that the governing board takes specific action setting aside such moneys prior
to incurring any obligation to be met in whole or in part in such manner.
Except where the insurance fund makes use of moneys available to it under
Article IV(g) hereof, the insurance fund shall not incur any
obligation prior to the allotment of moneys by the party states adequate to
meet the same.
(e) The insurance fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the insurance fund shall be
subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the insurance fund
shall be audited yearly by a certified or licensed public accountant and
report of the audit shall be included in and become part of the annual report
of the insurance fund.
(f) The accounts of the insurance fund shall be open at any reasonable time
for inspection by duly authorized officers of the party states and by any
persons authorized by the insurance fund.
Article X.
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by any five or
more states. Thereafter, this compact shall become effective as to any other
state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until two years
after the executive head of the withdrawing state has given notice in writing
of the withdrawal to the executive heads of all other party states. No
withdrawal shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
Article XI.
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared to be contrary to
the constitution of any state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state
participating herein the compact shall remain in full force and effect as to
the remaining party states and in full force and effect as to the state
affected as to all severable matters.