An Act To Transfer the Pest Control Compact from the Department of Conservation to the Department of Agriculture, Food and Rural Resources
Maine Legislature, Session 122, LD 1560
Committee: Agriculture, Conservation and Forestry
Sponsors: FLOOD, CARR, PIOTTI, SHERMAN

Legislative Document 
No. 1560 
H.P.1098 
House of Representatives, April 7, 2005 
An Act To Transfer the Pest Control Compact from the Department 
of Conservation to the Department of Agriculture, Food and Rural 
Resources 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative FLOOD of Winthrop. 
7Y/~ 
/J7.1ild£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CARR of Lincoln, PIOTTI of Unity, SHERMAN of 
Hodgdon. 
Prinled on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 7 MRSA c. 410 is enacted to read: 
CHAPTER 410 
§2311. Pest Control Compact 
The Pest Control Compact is enacted into law and entered 
into with all other jurisdictions legally J01n1ng the compact in 
the form substantially as provided in this chapter. 
§2312. Findings -- Article I 
The party states find that in the absence of the higher 
degree of cooperation among them possible under this compact, the 
annual 
loss 
of 
approximately 
$137,000,000,000 
from 
the 
depredations of pests is virtually certain to continue, if not to 
increase. 
Because 
of 
varying 
climatic, 
geographic 
and 
economic 
factors, 
each state may be 
aff.e..c.ted differently by particular 
$pecies of pests, but all stat..es shar.e the inability to prot.e..ct, 
themselves fully against those pests that present serious dangers 
to them. 
The 
migratory 
character 
of 
pest 
infestations 
make~ 
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. 
While every state is seriously affected by a 
substantial 
~mber of pests and every state is susceptible to infestation by 
many species of pests not now causing damage to its crop and 
~nt life and products, the fact that relatively few species Qf 
pests present equal danger to or are of interest to all states 
makes the establishment and ope.llttion of an insurance fund from 
which individual states may obtain finan.cial support for pest 
control programs of benefit to them in other states and to which 
they may contribute in accordance with their relative interest.s. 
the 
most 
equitable 
means 
of 
financing 
cooperative 
pest 
eradication and control programs. 
§2313. Definitions -- Article II 
As 
used 
in this 
cQm~ct, unless 
the 
context 
otherwi~ 
indicates, the following terms have the following meanings. 
Page l-LR0368(l) 
1. 
Executive conmittee. 
"Executive committee" 
means 
the 
committee established pursuant to section 2316, subsection 5. 
2. 
Governing 
board. 
"Governing 
board" 
means 
the 
administrators of this compact representing all of the p~ 
states when the administrators are acting as a body in pursuance 
of authority vested in them by this compact. 
3. 
Insurance fund. "Insurance fund" means the Pest Control 
Insurance Fund established pursuant to this compact. 
4. 
Pest. 
"Pe~eans any invertebrate animaL 
pathog~ 
parasitic plant or similar or allied organism that can cause 
disease or damage in any crops, trees, shrubs, grasses or other 
plants of substantial value. 
5. 
Requesting st~. "Reguesting state" means a state that 
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. 
6. 
Responding state. 
"Responding state" 
means 
a 
state 
reguested to undertake or intensify the measures referred to in 
subsection 5. 
7. 
State. "State" means a state, territory or possession of 
the United States, the District of Columbia and the Commonwealth 
of Puerto Rico. 
§2314. The insurance fund -- Article III 
The 
Pest Control 
Insurance 
Fund is established for 
the 
purpose of financing other than nQrmal pest control operations 
that the states may be called upon to engage in pursuant to this 
compact. The insurance fund contains money appropriated to it by 
~~ty 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, 
are unconditional and may not be restricted by the appropriating 
~tate to use in the control of any specified pest or pests. 
Donations and grants may be conditional or unconditional, except 
that the insurance fund may not accept any donation or grant 
whose terms are inconsistent with any provision of this compact. 
§2315. The i~~r~~e fund; internal operations and management 
-- Article IV 
1. 
Governing board. The insurance fund is administered by a 
gQYerning board 
and~ executive 
committee 
as 
provided. 
The 
actions 
of 
the 
governing 
board 
and 
the 
executive 
committee 
pursuant to this compact are deemed the actions of the insurance 
fund. 
2. 
Votes. The members of the governing board are entitled 
to one yote each on the board. Actions of the goyerning board are 
not binding unless taken at a meeting at which a majority of the 
total number of votes of the goyerning board are cast in favor 
thereof. Action of the governing board may be taken only at a 
meeting at which a majority of the members are present. 
3. 
Seal. The insurance fund has a seal that may be employed 
as an official symbol and that may be affixed to documents and 
otherwise used as the governing board provides. 
4. 
Qffic~s. The governing board shall elect annually, from 
among its members, 
a chair, 
a vice-chair. 
a 
secretary and a 
treasurer. The chair may not hold successiye terms. The goyerning 
board may appoint an executiye director and fix the executiye 
director's 
duties 
and 
compensation, 
if 
any. 
The 
executive 
director seryes at the pleasure of the governing board. 
The 
goyerning board shall make 
proy~s~on for 
the bonding of the 
officers and employees of the insurance fund as appropriate. 
5. 
Personnel. Irrespective of the civil service, personnel 
or other merit system laws of any of the party states, 
the 
executiye director or, if there is no executive director, the 
chair, 
in accordance with such procedures as the bylaws 
may 
proyide, 
shall appoint, 
remove 
or discharge personnel 
as is 
necessary for the performance of the functions of the insurance 
fund and shall fix the duties and compensation of such personne.h 
The 
goyerning board, 
in its bylaws, 
shall 
provide 
for 
the 
personnel policies and programs of the insurance fund. 
6. 
Qther~~~QQP~l. The governing board may borrow, 
acc~~ 
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. 
7. 
Grants and d .. QlU1J:.i2.:Q.S. 
The governing 
boar.d.............m~c.c~t..L 
for any of its purposes and functions under this compact, any and 
all donations and grants of money, eguipment, supplies, materials 
and services, 
conditional or otherwise, 
from 
any 
stat~, 
the 
United States or any other governmental 
agency. 
or 
from 
a~ 
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 subsection or 
services borrowed pursuant to subsection 6 must be reported in 
the annual report of the insurance fund. The annual report ITlmtt 
include the nature, amount and any conditions of the donation, 
gift, grant or services borrowed and the identity of the donor or 
lender. 
8. 
Bylaws. 
~b_~ye~_~_~~b~ard shall adopt bylaws for 
th~ 
conduct of the business of the insurance fund and has the power 
to amend and rescind those bylaws. 
The governing board shall 
publish its bylaws in convenient form and shall file a 
copy 
thereof and a copy of an~~ndment thereto with the appropriate 
agency or officer in each of the party states. 
9. 
Report. The gover_ning board annually shall make to the 
governor and legislature of each party state a report covering 
the activities of the 
insu~ance fund for the preceding year. The 
governing 
board 
may 
make 
additional 
reports 
it 
consideI£ 
desirable. 
10. 
Other 
p01fjU'_~~n addition to the powers and duties 
specifically authorized and imposed, the governing board may do 
other things necessary and incidental to the conduct of its 
affairs pursuant to this compact. 
§2316. Compact and i~surance fund administration -- Article V 
1. 
Administration. In each party state there is a compact 
administrator who is selected and serves in such a manner as the 
laws of the administrator's state provide and who shall; 
A. 
Assist in the coordination of activities pursuant to the 
compact in the administrator's state: and 
B. 
Represent the administrator's state on the governing 
board of the insurance fund. 
2. 
United States re~~~entative~. If the laws of the United 
£L~es 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 
up 
to 
reprSlsentati ves. 
Any 
such 
representative 
or 
representatives of the United States m~st be appointed and shall 
serve in a manner provided by or pursuant to federal law, but no 
such representative has a vote on the governing board or on the 
executive committee. 
3. 
Meetings. 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 compact, supervising and giving direction to the expenditure 
of money from the insurance fund. 
Additional meetings of the 
governing board must be held on call of the chair, the executive 
committee or a majority of the membership of the governing board. 
4. 
Application~. When in session, the governing board sha~A 
decide upon applications for assistance from the insurance fund 
and authorize disbursements therefrom. When the governing board 
is not in session, the executive committee shall act as agent of 
the governing board with full authority to act for it in deciding 
upon such applications. 
5. 
Ezecutiy~ committee. The executive committee is cO~9sed 
of the chairman of the governing board and 4 additional members 
of the governing board chosen by the governing board so that 
there is one member representing each of 4 geographic groupings 
of party states. 
The governing board shall make those geographic 
groupings. If there is representation of the United States on the 
governing board, one representative may meet with the executive 
~mmittee. 
Th~hair of 
tM--SQY.e~n.ing board is chair 
oLJJl~ 
executive committee. An action of the executive committee is not 
binding unless taken at a meeting at which at least 4 members of 
the committee are present and vote in favor thereof. Necessary 
expenses of each of the 
members of the executive committee 
incurred in attending meetings of the committee, when not held at 
the same time and place as a meeting of the governing board, are 
charges against the insurance fund. 
§2317. Assistance and reimbursement -- Article VI 
1. 
Efforts. 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; 
A. 
Maintaining 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; and 
B. 
Meeting 
emergency 
outbreaks 
or 
infestations 
of 
interstate significance to no less an extent than would have 
been done in the absence of this compact. 
2. 
Requests. Whenever a party state is threatened by a 
p~st 
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 because of the failure of another 
party state to cope with infestation or threatened infestation, 
that 
state 
may 
reguest 
the 
governing 
board 
to 
authorize 
expenditures 
from 
the 
insurance 
fund 
for 
eradication 
or 
control measures to be taken by one or more of the other part-y 
states at a level sufficient to.~ent or to reduce, to the 
greatest practicable ex~, infest9tion or reinfestation of the 
reguesting state. 
Upon authorization of the expenditures, 
the 
responding state or states shall take or increase eradication or 
~ntrol measures as warranted. A responding state shall use mone-y 
made 
available 
from 
the 
insurance 
fund 
expeditiously 
and 
efficiently to assist in affording the protection requested. 
3. 
Application. In orqe.r_t~J.y_~Etll;pendi tures f~Qm_the. 
insurance fund, a reguesting state must submit the. following in 
writing: 
A. 
A detailed statement of the circumstances that occasion 
the reguest for invoking the. compact; 
B. 
Eyidence that the pest for which 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; 
C. 
A statement of the e_xtent of the present and projected 
program 
of 
the 
requesting 
state 
and 
its 
subdivisions, 
including full information~ to the legal authority for the 
conduct of the program or programs 
and the expenditures 
being made or budgeted therefor, 
in connection with the 
eradication, control or preve.ntion of introduction of the 
pest concerned; 
D. 
Proof that the expenditures being made or budgeted as 
detailed in paragraph C 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 that the level of 
the program detailed in paragraph C constitutes a normal 
level of pest control activity; 
E. 
A declaration 
as 
to 
whether, 
to 
the 
best of 
the 
reguesting state's knowledge and belief, the conditions that 
in its view occasion the invoking of the compact in the 
particular instance can be abated by a program undertaken 
with the aid of money from the insurance fund in one year or 
less, or whether the reguest is for an installment in a 
program that is likely to continue for a longer period of 
time; and 
F. 
Any other information as the governing board reguires 
consistent with this compact. 
4. 
Notice of meeting. 
The governing board or executive 
~mmittee shall give due notice of any 
m~eting at which an 
application for assistance from the insurance fund is to be 
considered. The notice must be given to the compact administrator 
of each party state and to any other officers and agencies 
designated by the law~f the--party~ta~es. The requesti~ate 
and any other party state are enti tled to be represented and to 
present evidence and arguments at the meeting. 
5. 
Support. Upon the submission required by subsection 3 
and 
any 
other 
information 
it 
has 
or 
acquires, 
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 t~xecutive committee may meet at any time 
or 
place 
for 
the 
purpose 
of 
receiving 
and 
considering 
an 
application. 
All 
d~terminations 
of 
the 
governing 
board 
or 
executive committee with respect to an application, together with 
the reasons therefor, must be recorded and subscribed in such a 
manner 
as to 
show and preserve the votes of the individual 
members. 
6. 
Review. A requesting state that is dissatisfied with a 
~_rmination of the executive C!LmmiJ;.tee, upon notice in writing 
given within 
days 
of the determination with which it is 
dissatisfied, is entitled to receive a review at the next meeting 
of the governing board. Determinations of the executive committee 
are reviewable only by the governing board at one of its regular 
meetings or at a special meeting held in such a manner as the 
governing board may authorize. 
7. 
Claims. 
Responding 
states 
required 
to 
undertake 
or 
increase measures pursuant to this compact may receive money from 
the insurance fund either at the time or times when the state 
incurs 
expenditures 
on 
account 
of 
the 
measures 
or 
as 
reimbursement 
for 
expenses 
incurred 
and 
chargeable 
to 
the 
insurance fund. The governinq~d shall adopt and from time to 
time may amend or revise procedures for submission of claims and 
for payment thereof. 
8. 
Federal Govermnent assistance. Before authorizing the 
expenditure of money 
from the insurance fund pursuant to an 
application of a 
requesting state, 
the governing board shall 
ascertain the extent and nature of 
any timely assistance or 
participation that may be available from the Federal Government 
and 
shall 
request 
assistance 
and 
participation 
from 
the 
appropriate agency or agencies of the Federal Government. 
9. 
Memorandum of understanding. 
The governing board may 
negotiate and execute 
a 
memorandum of understanding or other 
.QP.P-ropriate 
instrument 
defining 
the 
extent 
and 
degree 
of 
as~tance or participation between and among the insurance fund, 
cooperating federal 
agencies, 
states 
and 
any 
other entities 
concerned. 
§2318. Advisory and technical committees -- Article VII 
The governing board may establish advisory and technical 
committees 
compo.s..e~~te, local and federal officials and 
private persons to advise it with respect to anyone or more of 
its functions. Any s..uch advisory. or technical committee or any 
member or members thereof may meet with and participate in its 
deliberations upon reguest of the governing bQard 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 the 
governing board or executive 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 section 2317, subsection 4 is entitled to know the 
substance of any such information and recommendations, at the 
time of the meeting if furnisQe~efore or as part of the meeting 
or, if furnished after the meeting, no later than the time at 
which 
the 
governing 
board 
or 
executive 
committee 
makes 
its 
disposition of the application. 
§23l9. Relations with nonparty jurisdictions -- Article VIII 
1. 
Application. 
A party state may 
make application for 
assistance from the insurance fund with respect to a pest in a 
nonparty state. The application must be considered and decided on 
by the governing board or executive committee in the same manner 
as an application with respect to a pest within a party state, 
except as provided in this section. 
2. 
Nonparty state. At or in connection with any meetin9-Qi 
the 
governing board or executive 
committee held pursuant to 
section 2317, a nonparty state is entitled to appear, participate 
and receive information only to the extent that the governin9 
board or executive cQID.lTIitteE;Lp_rovides. A nonparty state is not 
entitled to a review of any determination made by the executive 
committee. 
3. 
Expellgi~\lj::e§.. The 
gov~rni:Qg_l;loard or executive committe~ 
shall authorize expenditures from the insurance fund to be made 
in a nonparty state only after determining that the conditions in 
the nonparty state and the value of the expenditures to the party 
states, 
as 
a 
whole, 
justify 
them. 
The 
governing 
board 
or 
executive 
committee~_a~t any conditions that it considers 
appropr iate with respect to the expenditure of money from the 
insurance 
fund 
in 
a 
nonparty 
state 
and 
may 
enter 
into 
an 
agreement 
or 
agreements 
with 
nonparty 
states 
and 
other 
jurisdictions 
or 
entities 
as 
it 
determines 
ne_cessary 
or 
appropriate to protect the 
int_~st_s of the insurance fund with 
respect to expenditures and activities outside of party states. 
§2320. Finance -- Article IX 
1. 
Budget. 
The 
governing 
board 
shall 
submit 
to 
the 
executive head or designated officer or officers of each party 
state a budget for the insurance fund for such a period as may be 
required by the laws of that party state for presentation to the 
legislature thereof. 
2. 
Re~~ations. Each 
budget 
must 
contain 
specific 
recommendations of the amount or amounts to be appropriated by 
each 
party state. 
The 
re~~ts for 
appropriations 
must 
be 
appropriated among the party states as follows: one tenth of the 
total budget in egual 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 determinin.9.-the value of the crops and products, the 
insurance fund may employ any source or sources of information 
that in its judgment presents the most equitable and accurate 
compar ison among the party states. Each budget and reguest for 
~ropriations must 
indicpte 
the 
source 
or 
sources 
used 
in 
obtaining information concerning the value of the products. 
3. 
Accounts. The financial assets of the insurance fund 
must 
be 
maintained in 
accounts 
to 
be 
designated 
as 
the 
"operating 
account" 
and 
the 
"claims 
account." 
The 
operating: 
account 
consists 
only 
of 
those 
assets 
necessary 
for 
the 
administration of the insurance fund during the next ensuing 
2-year period. The claims account contains all money not included 
in the operatin~cco_unt~J).JLm.ay-noLex_CJl~t_he amo1.Ul.t_~~asQJ).ably 
titimated to be sufficient to pay all legitimate claims on the 
ins1,!rance fund for a period of 3 years. When the claims account 
has reached its maximum limit or would reach its maximum limit by 
the addition of money reguested for appropriation by the party 
states, the governing board shall reduce its budget request on a 
pro rata basis in such a manner as to keep the claims account 
within the maximum limit. Any money in the claims account by 
virtue of conditional donations, grants or gifts must be included 
in 
calculation~JMle pursuant to this sUQsection only to 
t~ 
extent that such money is available to meet demands arising out 
of claims. 
4. 
Pledge of credit. The governing board may not pledg~ the 
credit of any party state. The governing board may meet any of 
its obligations in whole or in part with money available to it 
under section 2315, subsection 7 if the governing board takes 
specific action setting aside the money prior to incurring any 
obligation to be met in whole or in part in such a manner. Except 
when the insurance fund makes use of money available to it under 
section 2315, subsection 7, the governing board may not incur any 
obligation prior to the allotment of money by the party states 
adequate to meet the obligation. 
5. 
Records. 
The 
governing 
board 
shall 
keep 
accurate 
accounts of all receipts and disbursements. 
The receipts and 
!lis...b.u.llement.s of the 
insuran~e_f~d~e subiect to audit and 
accounting procedures established under its bylaws. All 
receip~~ 
g~~dl~sements of f~_~ndled by the 
in~yrance fund must be 
audited yearly by a certified or licensed public accoyntant, and 
a report of the audit must be included in and become part of the 
annyal report of the insurance fund. 
6. 
Inspection of 
ac~QY,p...ts. The accounts of the insurance 
fund must be open at any reasonable time for inspection by duly 
authorized officers of 
the party states and 
by 
any persons 
authorized by the governing board. 
§2321. Entry into force and withdrawal -- Article X 
This compact enters into force when enacted into law by 5 or 
more states. 
Thereafter~his compact becomes effective, as to 
any other state, ypon that state's enactment thereof. 
Any 
pa.1:.tY-s...t_at.e_m-.9-y-wi~hdraw from this compact bY-----Jmacting a 
statute repealing the 
sam~t no withdrawal may take effect 
until 2 
y.e..a.~fter the execytiv~d of the withdrawing state 
has given notice in writing of the withdrawal to the execytive 
heads 
of all other party states. 
No 
withdrawal affects 
any 
liability already incurred by or chargeable to a party state 
prior to the time of the withdrawal. 
§2322. Construction and severability -- Article XI 
This compact must be liberally constryed so as to effectuate 
t.he 
purposes 
ther~of~hiJi~mpact is severable 
am_li~ny 
phrase, clayse, sentence or provision of this compact is declared 
to be contrary to the constitution of any state or of the United 
States, or the applicabili ty thereof to any government, agency, 
~rson or circymstance is held invalid, 
the validity of the 
remainder of this compact and the applicability thereof to any 
government, agency, person or circumstance may not be affected 
thereby. If this compact is held contrary to the constitytion of 
any state participating herein, the compact remains in full force 
and effect as to the remaini~party states and in full force and 
effect as to the state affected as to all severable matters. 
§2323. Cooperation 
Consistent with law and within available appropriations, the 
gepartments, 
agenci~s an~icers of this State shall cooperate 
with the governing board of the Pest Control Insurance Fund 
established by the Pest Control Compact. 
§2324. Bylaws filed 
Pursuant to section 2315, subsection 8, copies of bylaws and 
amendments 
thereto 
must 
be 
filed 
with 
the 
Commissioner 
of 
Agriculture, Food and Rural Resources. 
§2325. Compact administrator 
The compact administLator for this State is the Commissioner 
of Agriculture, 
Food and Rural Resources. 
The duties of the 
compact administrator are deemed a regular part of the duties of 
this office. 
§2326. Request 
Within the meaning of section 2317, subsection 2 or section 
2319, subsection 1, a request or application for assistanc~from 
the insurance fund may be made by the Goyernor whenever in the 
Governor's 
judgment 
the 
conditions qualifying this State for 
assistance exist and it would be in the best interest of this 
State to make the request. 
§2327. Appropriations 
The 
department, 
agency or officer expending or 
becoming 
liable for an expenditure on behalf of a control or eradication 
program undertaken or intensified pursuant to the compact must 
have credited to the appropriate account in the State Treasury 
the amount or amounts of any payments made to this State to 
defray the cost of that program or any part thereof, 
or as 
reimbursement thereof. 
§2328. "Executive head" defined 
As used in the compact, with reference to this State, the 
term "executive head" means the Governor. 
Sec. 2. 12 MRSA c. 803, sub-c. 5, as amended, is repealed. 
SUMMARY 
This 
bill 
repeals 
the 
Pest 
Control 
Compact 
currently 
contained in the Maine Revised Statutes, Title 12 under the laws 
governing the Department of Conservation, Bureau of Forestry and 
enacts the compact instead in Title 7 under the laws governing 
the Department of Agriculture, Food and Rural Resources.