New Mexico § 76-6-10 - Compact enacted and entered into

§ 76-6-10. Compact enacted and entered into

The “Pest Control Compact” is enacted into law and entered into with all other jurisdictions

legally joining therein, in the form substantially as follows: Article IFindings 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 ten billion dollars from the depredations

of pests is virtually certain to continue, if not to increase. (b) Because of varying climatic, geographic and economic factors, each state may be

affected differently by particular species of pests; but all states share the inability

to protect themselves fully against those pests which present serious dangers to them. (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 of infestation by many species of pests not now causing

damage to its crop and plant life and products, the fact that relatively few species

of pests present equal danger to or are of interest to all states makes the establishment

and operation of an insurance fund, from which individual states may obtain financial

support for pest control programs of benefit to them in other states and to which

they may contribute in accordance with their relative interests, the most equitable

means of financing cooperative pest eradication and control programs. Article IIDefinitions 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; and (g) “executive committee” means the committee established pursuant to Article V (e)

of this compact. Article IIIThe 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

provisions of this compact. Article IV The Insurance Fund, Internal Operations and Management (a) The insurance fund shall be administered by a governing board and executive committee

as hereinafter provided. The actions of the governing board and executive committee pursuant to this compact

shall be deemed the actions of the insurance fund. (b) The members of the governing board shall be entitled to one vote each on such

board. No action of the governing board shall be binding unless taken at a meeting at which

a majority of the total number of votes on the governing board are cast in favor thereof. Action of the governing board shall be only at a meeting at which a majority of

the members are present. (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 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 therefor within the federal government, the United States may be

represented on the governing board of the insurance fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed

and serve in such manner as may be provided by or pursuant to federal law, but not

such representative shall have a vote on the governing board or on 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 made 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 subdivision, including full information as to the legal authority for

the conduct of such program or programs and the expenditures being made or budgeted

therefor, in connection with the eradication, control, or prevention of introduction

of the pest concerned. 4. Proof that the expenditures being made or budgeted as detailed in item 3 do not

constitute a reduction of the effort for the control or eradication of the pest concerned

or, if there is a reduction, the reasons why the level of program detailed in item

3 constitutes a normal level of pest control activity. 5. A declaration as to whether, to the best of its knowledge and belief, the conditions

which in its view occasion the invoking of the compact in the particular instance

can be abated by a program undertaken with the aid of moneys from the insurance fund

in one year or less, or whether the request is for an installment in a program which

is likely to continue for a longer period of time. 6. Such other information as the governing board may require consistent with the provisions

of this compact. (d) The governing board or executive committee shall give due notice of any meeting

at which an application for assistance from the insurance fund is to be considered. Such notice shall be given to the compact administrator of each party state and

to such other officers and agencies as may be designated by the laws of the party

states. The requesting state and any other party state shall be entitled to be represented

and present evidence and argument at such meeting. (e) Upon the submission as required by paragraph (c) of this Article and such other

information as it may have or acquire, and upon determining that an expenditure of

funds is within the purposes of this compact and justified thereby, the governing

board or executive committee shall authorize support of the program. The governing board or the executive committee may meet at any time or place for

the purpose of receiving and considering an application. Any and all determinations of the governing board or executive committee, with respect

to an application, together with the reasons therefor shall be recorded and subscribed

in such manner as to show and preserve the votes of the individual members thereof. (f) A requesting state which is dissatisfied with a determination of the executive

committee shall upon notice in writing given within twenty 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 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 VIIAdvisory 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 appropriation 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 request on a pro rata basis in

such manner as to keep the claims account within such maximum limit. Any moneys in the claims account by virtue of conditional donations, grants or gifts

shall be included in calculations made pursuant to this paragraph only to the extent

that such moneys are available to meet demands arising out of claims. (d) The insurance fund shall not pledge the credit of any party state. The insurance fund may meet any of its obligations in whole or in part with moneys

available to it under Article IV(g) of this compact, provided that the governing board

takes specific action setting aside such moneys prior to incurring any obligation

to be met in whole or in part in such manner. Except where the insurance fund makes use of moneys available to it under Article

IV(g) hereof, the insurance fund shall not incur any obligation prior to the allotment

of moneys by the party states adequate to meet the same. (e) The insurance fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the insurance fund shall be subject to the audit

and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the insurance fund shall

be audited yearly by a certified or licensed public accountant and a report of the

audit shall be included in and become part of the annual report of the insurance fund. (f) The accounts of the insurance fund shall be open at any reasonable time for inspection

by duly authorized officers of the party states and by any persons authorized by the

insurance fund. Article X Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any five 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 XIConstruction 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.