N.Y. AGM Law § 149 — New York Code / Act AGM / Article 11 / Section 149
Enactment of compact
Status: in_force

§ 149. Enactment of compact. 1. The pest control compact is hereby\nenacted into law and entered into with all other jurisdictions legally\njoining therein in the form substantially as follows:\n                           PEST CONTROL COMPACT\n                                ARTICLE I\n                                Findings\n  The party states find that:\n  (a) In the absence of the higher degree of cooperation among them\npossible under this compact, the annual loss of approximately seven\nbillion dollars from the depredations of pests is virtually certain to\ncontinue, if not to increase.\n  (b) Because of varying climatic, geographic and economic factors, each\nstate may be affected differently by particular species of pests; but\nall states share the inability to protect themselves fully against those\npests which present serious dangers to them.\n  (c) The migratory character of pest infestations makes it necessary\nfor states both adjacent to and distant from one another, to complement\neach other's activities when faced with conditions of infestation and\nreinfestation.\n  (d) While every state is seriously affected by a substantial number of\npests, and every state is susceptible of infestation by many species of\npests not now causing damage to its crop and plant life and products,\nthe fact that relatively few species of pests present equal danger to or\nare of interest to all states makes the establishment and operation of\nan insurance fund, from which individual states may obtain financial\nsupport for pest control programs of benefit to them in other states and\nto which they may contribute in accordance with their relative\ninterests, the most equitable means of financing cooperative pest\neradication and control programs.\n                               ARTICLE II\n                               Definitions\n  As used in this compact, unless the context clearly requires a\ndifferent construction:\n  (a) "State" means a state, territory or possession of the United\nStates, the District of Columbia, and the Commonwealth of Puerto Rico.\n  (b) "Requesting state" means a state which invokes the procedures of\nthe compact to secure the undertaking or intensification of measures to\ncontrol or eradicate one or more pests within one or more other states.\n  (c) "Responding state" means a state requested to undertake or\nintensify the measures referred to in subdivision (a) of article VI of\nthis compact.\n  (d) "Pest" means any invertebrate animal, pathogen, parasitic plant or\nsimilar or allied organism which can cause disease or damage in any\ncrops, trees, shrubs, grasses or other plants of substantial value.\n  (e) "Insurance fund" means the pest control insurance fund established\npursuant to this compact.\n  (f) "Governing board" means the administrators of this compact\nrepresenting all of the party states when such administrators are acting\nas a body in pursuance of authority vested in them by this compact.\n  (g) "Executive committee" means the committee established pursuant to\nsubdivision (e) of article V of this compact.\n                               ARTICLE III\n                           The Insurance Fund\n  There is hereby established the pest control insurance fund for the\npurpose of financing other than normal pest control operations which\nstates may be called upon to engage in pursuant to this compact. The\ninsurance fund shall contain moneys appropriated to it by the party\nstates and any donations and grants accepted by it. All appropriations,\nexcept as conditioned by the rights and obligations of party states\nexpressly set forth in this compact, shall be unconditional and may not\nbe restricted by the appropriating state to use in the control of any\nspecified pest or pests. Donations and grants may be conditional or\nunconditional, provided that the insurance fund shall not accept any\ndonation or grant whose terms are inconsistent with any provision of\nthis compact.\n                               ARTICLE IV\n         The Insurance Fund, Internal Operations and Management\n  (a) The insurance fund shall be administered by a governing board and\nexecutive committee as hereinafter provided. The actions of the\ngoverning board and executive committee pursuant to this compact shall\nbe deemed the actions of the insurance fund.\n  (b) The members of the governing board shall be entitled to one vote\neach on such board. No action of the governing board shall be binding\nunless taken at a meeting at which a majority of the total number of\nvotes on the governing board are cast in favor thereof. Action of the\ngoverning board shall be only at a meeting at which a majority of the\nmembers are present.\n  (c) The insurance fund shall have a seal which may be employed as an\nofficial symbol and which may be affixed to documents and otherwise used\nas the governing board may provide.\n  (d) The governing board shall elect annually, from among its members,\na chairman, a vice chairman, a secretary and a treasurer. The chairman\nmay not succeed himself. The governing board may appoint an executive\ndirector and fix his duties and his compensation, if any. Such executive\ndirector shall serve at the pleasure of the governing board. The\ngoverning board shall make provision for the bonding of such of the\nofficers and employees of the insurance fund as may be appropriate.\n  (e) Irrespective of the civil service, personnel or other merit system\nlaws of any of the party states, the executive director, or if there be\nno executive director, the chairman, in accordance with such procedures\nas the bylaws may provide, shall appoint, remove or discharge such\npersonnel as may be necessary for the performance of the functions of\nthe insurance fund and shall fix the duties and compensation of such\npersonnel. The governing board in its bylaws shall provide for the\npersonnel policies and programs of the insurance fund.\n  (f) The insurance fund may borrow, accept or contract for the services\nof personnel from any state, the United States, or any other\ngovernmental agency, or from any person, firm, association or\ncorporation.\n  (g) The insurance fund may accept for any of its purposes and\nfunctions under this compact any and all donations, and grants of money,\nequipment, supplies, materials and services, conditional or otherwise,\nfrom any state, the United States, or any other governmental agency, or\nfrom any person, firm, association or corporation, and may receive,\nutilize and dispose of the same. Any donation, gift or grant accepted by\nthe governing board pursuant to this subdivision or services borrowed\npursuant to subdivision (f) of this article shall be reported in the\nannual report of the insurance fund. Such report shall include the\nnature, amount and conditions, if any, of the donation, gift, grant or\nservices borrowed and the identity of the donor or lender.\n  (h) The governing board shall adopt bylaws for the conduct of the\nbusiness of the insurance fund and shall have the power to amend and\nrescind these bylaws. The insurance fund shall publish its bylaws in\nconvenient form and shall file a copy thereof and a copy of any\namendment thereto with the appropriate agency or officer in each of the\nparty states.\n  (i) The insurance fund annually shall make to the governor and\nlegislature of each party state a report covering its activities for the\npreceding year. The insurance fund may make such additional reports as\nit may deem desirable.\n  (j) In addition to the powers and duties specifically authorized and\nimposed, the insurance fund may do such other things as are necessary\nand incidental to the conduct of its affairs pursuant to this compact.\n                                 ARTICLE V\n                Compact and Insurance Fund Administration\n  (a) In each party state there shall be a compact administrator, who\nshall be selected and serve in such manner as the laws of his or her\nstate may provide, and who shall:\n  1. Assist in the coordination of activities pursuant to the compact in\nhis or her state; and\n  2. Represent his or her state on the governing board of the insurance\nfund.\n  (b) If the laws of the United States specifically so provide, or if\nadministrative provision is made therefor within the federal government,\nthe United States may be represented on the governing board of the\ninsurance fund by not to exceed three representatives. Any such\nrepresentative or representatives of the United States shall be\nappointed and serve in such manner as may be provided by or pursuant to\nfederal law, but no such representative shall have a vote on the\ngoverning board or on the executive committee thereof.\n  (c) The governing board shall meet at least once each year for the\npurpose of determining policies and procedures in the administration of\nthe insurance fund and, consistent with the provisions of the compact,\nsupervising and giving direction to the expenditure of moneys from the\ninsurance fund. Additional meetings of the governing board shall be held\non call of the chairman, the executive committee, or a majority of the\nmembership of the governing board.\n  (d) At such times as it may be meeting, the governing board shall pass\nupon applications for assistance from the insurance fund and authorize\ndisbursements therefrom. When the governing board is not in session, the\nexecutive committee thereof shall act as agent of the governing board,\nwith full authority to act for it in passing upon such applications.\n  (e) The executive committee shall be composed of the chairman of the\ngoverning board and four additional members of the governing board\nchosen by it so that there shall be one member representing each of four\ngeographic groupings of party states. The governing board shall make\nsuch geographic groupings. If there is representation of the United\nStates on the governing board, one such representative may meet with the\nexecutive committee. The chairman of the governing board shall be\nchairman of the executive committee. No action of the executive\ncommittee shall be binding unless taken at a meeting at which at least\nfour members of such committee are present and vote in favor thereof.\nNecessary expenses of each of the five members of the executive\ncommittee incurred in attending meetings of such committee, when not\nheld at the same time and place as a meeting of the governing board,\nshall be charges against the insurance fund.\n                                ARTICLE VI\n                      Assistance and Reimbursement\n  (a) Each party state pledges to each other party state that it will\nemploy its best efforts to eradicate, or control within the strictest\npracticable limits, any and all pests. It is recognized that performance\nof this responsibility involves:\n  1. The maintenance of pest control and eradication activities of\ninterstate significance by a party state at a level that would be\nreasonable for its own protection in the absence of this compact.\n  2. The meeting of emergency outbreaks or infestations of interstate\nsignificance to no less an extent than would have been done in the\nabsence of this compact.\n  (b) Whenever a party state is threatened by a pest not present within\nits borders but present within another party state, or whenever a party\nstate is undertaking or engaged in activities for the control or\neradication of a pest or pests, and finds that such activities are or\nwould be impracticable or substantially more difficult of success by\nreason of failure of another party state to cope with infestation or\nthreatened infestation, that state may request the governing board to\nauthorize expenditures from the insurance fund for eradication or\ncontrol measures to be taken by one or more of such other party states\nat a level sufficient to prevent, or to reduce to the greatest\npracticable extent, infestation or reinfestation of the requesting\nstate. Upon such authorization the responding state or states shall take\nor increase such eradication or control measures as may be warranted. A\nresponding state shall use moneys made available from the insurance fund\nexpeditiously and efficiently to assist in affording the protection\nrequested.\n  (c) In order to apply for expenditures from the insurance fund, a\nrequesting state shall submit the following in writing:\n  1. A detailed statement of the circumstances which occasion the\nrequest for the invoking of the compact.\n  2. Evidence that the pest on account of whose eradication or control\nassistance is requested constitutes a danger to an agricultural or\nforest crop, product, tree, shrub, grass or other plant having a\nsubstantial value to the requesting state.\n  3. A statement of the extent of the present and projected program of\nthe requesting state and its subdivisions, including full information as\nto the legal authority for the conduct of such program or programs and\nthe expenditures being made or budgeted therefor, in connection with the\neradication, control, or prevention of introduction of the pest\nconcerned.\n  4. Proof that the expenditures being made or budgeted as detailed in\nparagraph three of this subdivision do not constitute a reduction of the\neffort for the control or eradication of the pest concerned or, if there\nis a reduction, the reasons why the level of program detailed in\nparagraph three of this subdivision constitutes a normal level of pest\ncontrol activity.\n  5. A declaration as to whether, to the best of its knowledge and\nbelief, the conditions which in its view occasion the invoking of the\ncompact in the particular instance can be abated by a program undertaken\nwith the aid of moneys from the insurance fund in one year or less, or\nwhether the request is for an installment in a program which is likely\nto continue for a longer period of time.\n  6. Such other information as the governing board may require\nconsistent with the provisions of this compact.\n  (d) The governing board or executive committee shall give due notice\nof any meeting at which an application for assistance from the insurance\nfund is to be considered. Such notice shall be given to the compact\nadministrator of each party state and to such other officers and\nagencies as may be designated by the laws of the party states. The\nrequesting state and any other party state shall be entitled to be\nrepresented and present evidence and argument at such meeting.\n  (e) Upon the submission as required by subdivision (c) of this article\nand such other information as it may have or acquire, and upon\ndetermining that an expenditure of funds is within the purposes of this\ncompact and justified thereby, the governing board or executive\ncommittee shall authorize support of the program. The governing board or\nthe executive committee may meet at any time or place for the purpose of\nreceiving and considering an application. Any and all determinations of\nthe governing board or executive committee, with respect to an\napplication, together with the reasons therefor shall be recorded and\nsubscribed in such manner as to show and preserve the votes of the\nindividual members thereof.\n  (f) A requesting state which is dissatisfied with a determination of\nthe executive committee shall upon notice in writing given within twenty\ndays of the determination with which it is dissatisfied, be entitled to\nreceive a review thereof at the next meeting of the governing board.\nDeterminations of the executive committee shall be reviewable only by\nthe governing board at one of its regular meetings, or at a special\nmeeting held in such manner as the governing board may authorize.\n  (g) Responding states required to undertake or increase measures\npursuant to this compact may receive moneys from the insurance fund,\neither at the time or times when such state incurs expenditures on\naccount of such measures, or as reimbursement for expenses incurred and\nchargeable to the insurance fund. The governing board shall adopt and,\nfrom time to time, may amend or revise procedures for submission of\nclaims upon it and for payment thereof.\n  (h) Before authorizing the expenditure of moneys from the insurance\nfund pursuant to an application of a requesting state, the insurance\nfund shall ascertain the extent and nature of any timely assistance or\nparticipation which may be available from the federal government and\nshall request the appropriate agency or agencies of the federal\ngovernment for such assistance and participation.\n  (i) The insurance fund may negotiate and execute a memorandum of\nunderstanding or other appropriate instrument defining the extent and\ndegree of assistance or participation between and among the insurance\nfund, cooperating federal agencies, states and any other entities\nconcerned.\n                               ARTICLE VII\n                    Advisory and Technical Committees\n  The governing board may establish advisory and technical committees\ncomposed of state, local, and federal officials, and private persons to\nadvise it with respect to any one or more of its functions. Any such\nadvisory or technical committee, or any member or members thereof may\nmeet with and participate in its deliberations. Upon request of the\ngoverning board or executive committee an advisory or technical\ncommittee may furnish information and recommendations with respect to\nany application for assistance from the insurance fund being considered\nby such board or committee and the board or committee may receive and\nconsider the same; provided that any participant in a meeting of the\ngoverning board or executive committee held pursuant to subdivision (d)\nof article VI of this compact shall be entitled to know the substance of\nany such information and recommendations, at the time of the meeting if\nmade prior thereto or as a part thereof or, if made thereafter, no later\nthan the time at which the governing board or executive committee makes\nits disposition of the application.\n                               ARTICLE VIII\n                  Relations with Nonparty Jurisdictions\n  (a) A party state may make application for assistance from the\ninsurance fund in respect of a pest in a nonparty state. Such\napplication shall be considered and disposed of by the governing board\nor executive committee in the same manner as an application with respect\nto a pest within a party state, except as provided in this article.\n  (b) At or in connection with any meeting of the governing board or\nexecutive committee held pursuant to subdivision (d) of article VI of\nthis compact a nonparty state shall be entitled to appear, participate,\nand receive information only to such extent as the governing board or\nexecutive committee may provide. A nonparty state shall not be entitled\nto review of any determination made by the executive committee.\n  (c) The governing board or executive committee shall authorize\nexpenditures from the insurance fund to be made in a nonparty state only\nafter determining that the conditions in such state and the value of\nsuch expenditures to the party states as a whole justify them. The\ngoverning board or executive committee may set any conditions which it\ndeems appropriate with respect to the expenditure of moneys from the\ninsurance fund in a nonparty state and may enter into such agreement or\nagreements with nonparty states and other jurisdictions or entities as\nit may deem necessary or appropriate to protect the interests of the\ninsurance fund with respect to expenditures and activities outside of\nparty states.\n                               ARTICLE IX\n                                 Finance\n  (a) The insurance fund shall submit to the executive head or\ndesignated officer or officers of each party state a budget for the\ninsurance fund for such period as may be required by the laws of that\nparty state for presentation to the legislature thereof.\n  (b) Each of the budgets shall contain specific recommendations of the\namount or amounts to be appropriated by each of the party states. The\nrequests for appropriations shall be apportioned among the party states\nas follows: One-tenth of the total budget in equal shares and the\nremainder in proportion to the value of agricultural and forest crops\nand products, excluding animals and animal products, produced in each\nparty state. In determining the value of such crops and products the\ninsurance fund may employ such source or sources of information as in\nits judgment present the most equitable and accurate comparisons among\nthe party states. Each of the budgets and requests for appropriations\nshall indicate the source or sources used in obtaining information\nconcerning value of products.\n  (c) The financial assets of the insurance fund shall be maintained in\ntwo accounts to be designated respectively as the "operating account"\nand the "claims account." The operating account shall consist only of\nthose assets necessary for the administration of the insurance fund\nduring the next ensuing two-year period. The claims account shall\ncontain all moneys not included in the operating account and shall not\nexceed the amount reasonably estimated to be sufficient to pay all\nlegitimate claims on the insurance fund for a period of three years. At\nany time when the claims account has reached its maximum limit or would\nreach its maximum limit by the addition of moneys requested for\nappropriation by the party states, the governing board shall reduce its\nbudget requests on a pro rata basis in such manner as to keep the claims\naccount within such maximum limit. Any moneys in the claims account by\nvirtue of conditional donations, grants or gifts shall be included in\ncalculations made pursuant to this subdivision only to the extent that\nsuch moneys are available to meet demands arising out of claims.\n  (d) The insurance fund shall not pledge the credit of any party state.\nThe insurance fund may meet any of its obligations in whole or in part\nwith moneys available to it under subdivision (g) of article IV of this\ncompact, provided that the governing board takes specific action setting\naside such moneys prior to incurring any obligation to be met in whole\nor in part in such manner. Except where the insurance fund makes use of\nmoneys available to it under subdivision (g) of article IV of this\ncompact, the insurance fund shall not incur any obligation prior to the\nallotment of moneys by the party states adequate to meet the same.\n  (e) The insurance fund shall keep accurate accounts of all receipts\nand disbursements. The receipts and disbursements of the insurance fund\nshall be subject to the audit and accounting procedures established\nunder its bylaws. However, all receipts and disbursements of funds\nhandled by the insurance fund shall be audited yearly by a certified or\nlicensed public accountant and a report of the audit shall be included\nin and become part of the annual report of the insurance fund.\n  (f) The accounts of the insurance fund shall be open at any reasonable\ntime for inspection by duly authorized officers of the party states and\nby any persons authorized by the insurance fund.\n                                ARTICLE X\n                     Entry Into Force and Withdrawal\n  (a) This compact shall enter into force when enacted into law by any\nfive or more states. Thereafter, this compact shall become effective as\nto any other state upon its enactment thereof.\n  (b) Any party state may withdraw from this compact by enacting a\nstatute repealing the same, but no such withdrawal shall take effect\nuntil two years after the executive head of the withdrawing state has\ngiven notice in writing of the withdrawal to the executive heads of all\nother party states. No withdrawal shall affect any liability already\nincurred by or chargeable to a party state prior to the time of such\nwithdrawal.\n                               ARTICLE XI\n                      Construction and Severability\n  (a) This compact shall be liberally construed so as to effectuate the\npurposes thereof. The provisions of this compact shall be severable and\nif any phrase, clause, sentence or provision of this compact is declared\nto be contrary to the constitution of any state or of the United States\nor the applicability thereof to any government, agency, person or\ncircumstance is held invalid, the validity of the remainder of this\ncompact and the applicability thereof to any government, agency, person\nor circumstance shall not be affected thereby. If this compact shall be\nheld contrary to the constitution of any state participating herein, the\ncompact shall remain in full force and effect as to the remaining party\nstates and in full force and effect as to the state affected as to all\nseverable matters.\n  (b) The compact administrator for this state shall be the commissioner\nwho shall be authorized within the meaning of subdivision (b) of article\nVI or subdivision (a) of article VIII of this compact, to request\nassistance from the insurance fund whenever in his or her judgment the\nconditions qualifying this state for such assistance exist and it would\nbe in the best interest of this state to make such request.\n  (c) Within available appropriations, the departments, agencies and\nofficers of the state may assist the commissioner in administration of\nthe pest control compact.\n  (d) Pursuant to subdivision (h) of article IV of this compact, copies\nof bylaws and amendments thereto shall be filed with the secretary of\nstate.\n