Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7028

FOR CONSIDERATION By the Committee on Agriculture

575-03608-08 20087028__

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A bill to be entitled

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An act relating to pest control; creating s. 570.345,

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F.S., the Pest Control Compact; providing for enactment of

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the compact; requiring the Commissioner of Agriculture to

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administer the compact; requiring that an application for

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assistance under the compact be made by the commissioner;

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providing findings with respect to the need for all states

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to cooperate in pest-eradication and control programs;

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providing definitions; providing for the establishment of

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the Pest Control Insurance Fund for the purpose of

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financing pest-control operations under the compact;

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providing for the Pest Control Insurance Fund to be

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administered by a Governing Board and Executive Committee;

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providing for the internal operations and management of

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the Governing Board; requiring an annual report to the

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Governor and Legislature of each state that is a party to

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the compact; providing for the administration of the Pest

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Control Insurance Fund; providing procedures for applying

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for an expenditure from the fund; providing for a

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determination with respect to expenditures from the fund

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and for the review thereof; authorizing the Governing

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Board to establish advisory and technical committees;

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providing for an application for assistance from the fund

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on behalf of a nonparty state; providing requirements for

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the fund with respect to preparing budgets and maintaining

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financial assets; prohibiting a pledge of the assets of a

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state that is a party to the compact; providing for the

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compact to enter into force upon its enactment by five or

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more states; providing a procedure for a state to withdraw

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from the compact; providing for construction and

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severability; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 570.345, Florida Statutes, is created to

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read:

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     570.345 Pest Control Compact.--

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     (1) ENACTMENT OF COMPACT.--The Pest Control Compact is

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enacted into law and entered into with all other jurisdictions

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legally joining therein in the form substantially as provided in

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this section.

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     (a) Consistent with law and within available

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appropriations, the departments, agencies, and officers of this

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state may cooperate with the Insurance Fund established by the

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Pest Control Compact.

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     (b) Pursuant to paragraph (5)(h), copies of bylaws and

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amendments thereto shall be filed with the Commissioner of

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Agriculture.

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     (c) The compact administrator for this state shall be the

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Commissioner of Agriculture.

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     (d) Within the meaning of paragraph (7)(b) or paragraph

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(9)(a), a request or application for assistance from the

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Insurance Fund may be made by the Commissioner of Agriculture.

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     (e) The department, agency, or officer expending or

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becoming liable for an expenditure on account of a control or

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eradication program undertaken or intensified pursuant to the

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compact shall have credited to the appropriate account in the

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state treasury the amount or amounts of any payments made to this

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state to defray the cost of such program, or any part thereof, or

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as reimbursement thereof.

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     (f) As used in this compact, with reference to this state,

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the term "executive head" means the Governor.

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     (2) FINDINGS.--

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     (a) In the absence of the higher degree of cooperation

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possible under this compact, the annual loss of approximately

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$137 billion from the depredations of pests is virtually certain

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to continue, if not to increase.

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     (b) Because of the varying climatic, geographic, and

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economic factors, each state may be affected differently by

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particular species of pests; but all states share the inability

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to protect themselves fully against pests that present serious

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dangers to them.

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     (c) The migratory character of pest infestations makes it

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necessary for states both adjacent to and distant from one

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another to complement each other's activities when faced with

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conditions of infestation and reinfestation.

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     (d) While every state is seriously affected by a

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substantial number of pests, and every state is susceptible to

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infestation by many species of pests not now causing damage to

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its crops and plant life and products, the fact that relatively

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few species of pests present equal danger to or are of interest

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to all states makes the establishment and operation of an

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Insurance Fund, from which individual states may obtain financial

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support for pest-control programs of benefit to them in other

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states and to which they may contribute in accordance with their

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relative interest, the most equitable means of financing

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cooperative pest-eradication and control programs.

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     (3) DEFINITIONS.--As used in this compact, the term:

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     (a) "State" means a state, territory, or possession of the

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United States, the District of Columbia, or the Commonwealth of

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Puerto Rico.

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     (b) "Requesting state" means a state that invokes the

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procedures of the compact to secure the undertaking or

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intensification of measures to control or eradicate one or more

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pests within one or more other states.

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     (c) "Responding state" means a state that is requested to

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undertake or intensify the measures referred to in paragraph (b).

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     (d) "Pest" means any invertebrate animal, pathogen,

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parasitic plant, or similar or allied organism that can cause

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disease or damage in any crops, trees, shrubs, grasses, or other

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plants of substantial value.

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     (e) "Insurance Fund" means the Pest Control Insurance Fund

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established pursuant to this compact.

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     (f) "Governing Board" means the administrators of this

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compact representing all of the party states when such

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administrators are acting as a body in pursuance of authority

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vested in them by this compact.

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     (g) "Executive Committee" means the committee established

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pursuant to paragraph (6)(e).

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     (4) INSURANCE FUND.--There is established a Pest Control

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Insurance Fund for the purpose of financing other than normal

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pest-control operations that states may be called upon to engage

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in pursuant to this compact. The Insurance Fund shall contain

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moneys appropriated to it by the party states and any donations

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and grants accepted by it. All appropriations, except as

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conditioned by the rights and obligations of party states

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expressly set forth in this compact, shall be unconditional and

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may not be restricted by the appropriating state to use in the

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control of any specified pest or pests. Donations and grants may

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be conditional or unconditional, except that the Insurance Fund

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may not accept any donation or grant whose terms are inconsistent

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with any provision of this compact.

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     (5) PEST CONTROL INSURANCE FUND; INTERNAL OPERATIONS AND

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MANAGEMENT.--

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     (a) The Insurance Fund shall be administered by a Governing

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Board and Executive Committee as hereinafter provided. The

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actions of the Governing Board and the Executive Committee

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pursuant to this compact shall be deemed the actions of the

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Insurance Fund.

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     (b) The members of the Governing Board are entitled to one

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vote on the board. Action by the Governing Board is not binding

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unless taken at a meeting at which a majority of the total number

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of votes on the Governing Board is cast in favor thereof. Action

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of the Governing Board shall be taken only at a meeting at which

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a majority of the members are present.

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     (c) The Insurance Fund shall have a seal that may be

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employed as an official symbol and that may be affixed to

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documents and otherwise used as the Governing Board may provide.

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     (d) The Governing Board shall elect annually, from among

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its members, a chairperson, a vice chairperson, a secretary, and

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a treasurer. The chairperson may not succeed himself or herself.

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The Governing Board may appoint an executive director and fix his

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or her duties and compensation, if any. Such executive director

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shall serve at the pleasure of the Governing Board. The Governing

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Board shall make provision for the bonding of such of the

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officers and employees of the Insurance Fund as may be

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appropriate.

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     (e) Irrespective of the civil service, personnel, or other

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merit system laws of any of the party states, the executive

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director or, if there is no executive director, the chairperson,

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in accordance with such procedures as the bylaws may provide,

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shall appoint, remove, or discharge such personnel as may be

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necessary for the performance of the functions of the Insurance

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Fund and shall fix the duties and compensation of such personnel.

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The Governing Board in its bylaws shall provide for the personnel

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policies and programs of the Insurance Fund.

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     (f) The Insurance Fund may borrow, accept, or contract for

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the services of personnel from any state, the United States, or

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any other governmental agency, or from any person, firm,

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association, or corporation.

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     (g) The Insurance Fund may accept for any of its purposes

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and functions under this compact any and all donations and grants

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of money, equipment, supplies, materials, and services,

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conditional or otherwise, from any state, the United States, or

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any other governmental agency, or from any person, firm,

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association, or corporation, and may receive, use, and dispose of

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the same. Any donation, gift, or grant accepted by the Governing

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Board pursuant to this paragraph or services borrowed pursuant to

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paragraph (f) shall be reported in the annual report of the

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Insurance Fund. Such report must include the nature, amount, and

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conditions, if any, of the donation, gift, grant, or services

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borrowed and the identity of the donor or lender.

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     (h) The Governing Board shall adopt bylaws for the conduct

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of the business of the Insurance Fund and shall have the power to

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amend and to rescind these bylaws. The Insurance Fund shall

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publish its bylaws in a convenient form and shall file a copy

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thereof and a copy of any amendment thereto with the appropriate

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agency or officer in each of the party states.

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     (i) The Insurance Fund shall make an annual report to the

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Governor and Legislature of each party state which covers its

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activities for the preceding year. The Insurance Fund may make

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such additional reports as it may deem desirable.

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     (j) In addition to the powers and duties specifically

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authorized and imposed, the Insurance Fund may do such other

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things as are necessary and incidental to the conduct of its

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affairs pursuant to this compact.

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     (6) COMPACT AND INSURANCE FUND ADMINISTRATION.--

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     (a) In each party state there shall be a compact

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administrator who shall be selected and serve in such manner as

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the laws of his or her state may provide, who shall assist in the

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coordination of activities pursuant to the compact in his or her

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state, and who shall represent his or her state on the Governing

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Board of the Insurance Fund.

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     (b) If the laws of the United States specifically so

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provide, or if administrative provision is made therefore within

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the Federal Government, the United States may be represented on

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the Governing Board of the Insurance Fund by not more than three

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representatives. Any such representative or representatives of

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the United States shall be appointed and serve in such manner as

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may be provided by or pursuant to federal law, but no such

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representative shall have a vote on the Governing Board or the

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Executive Committee thereof.

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     (c) The Governing Board shall meet at least once each year

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for the purpose of determining policies and procedures in the

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administration of the Insurance Fund and, consistent with the

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provisions of the compact, supervising and giving direction to

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the expenditure of moneys from the Insurance Fund. Additional

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meetings of the Governing Board shall be held at the call of the

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chairperson, the Executive Committee, or a majority of the

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membership of the Governing Board.

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     (d) At such times as it may be meeting, the Governing Board

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shall pass upon applications for assistance from the Insurance

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Fund and authorize disbursements therefrom. When the Governing

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Board is not in session, the Executive Committee thereof shall

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act as agent of the Governing Board, and has full authority to

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act for it in passing upon such applications.

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     (e) The Executive Committee shall be composed of the

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chairperson of the Governing Board and four additional members of

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the Governing Board chosen by it so that there shall be one

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member representing each of four geographic groupings of party

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states. The Governing Board shall make such geographic groupings.

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If there is representation of the United States on the Governing

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Board, one such representative may meet with the Executive

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Committee. The chairman of the Governing Board shall be the

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chairperson of the Executive Committee. No action of the

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Executive Committee shall be binding unless taken at a meeting at

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which at least four members of such committee are present and

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vote in favor thereof. Necessary expenses of each of the five

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members of the Executive Committee incurred in attending meetings

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of such committee, when not held at the same time and place as a

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meeting of the Governing Board, shall be charged against the

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Insurance Fund.

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     (7) ASSISTANCE AND REIMBURSEMENT.--

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     (a) Each party state pledges to each other party state that

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it will employ its best efforts to eradicate, or control within

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the strictest practicable limits, any and all pests. It is

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recognized that performance of this responsibility involves:

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     1. The maintenance of pest-control and eradication

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activities of interstate significance by a party state at a level

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that would be reasonable for its own protection in the absence of

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this compact.

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     2. The meeting of emergency outbreaks or infestations of

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interstate significance to no less an extent than would have been

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done in the absence of this compact.

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     (b) Whenever a party state is threatened by a pest not

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present within its borders but present within another party

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state, or whenever a party state is undertaking or engaged in

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activities for the control or eradication of a pest or pests and

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finds that such activities are or would be impracticable or

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substantially more difficult by reason of failure of another

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party state to cope with infestation or threatened infestation,

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that state may request the Governing Board to authorize

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expenditures from the Insurance Fund for eradication or control

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measures to be taken by one or more of such other party states at

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a level sufficient to prevent, or to reduce to the greatest

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practicable extent, infestation or reinfestation of the

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requesting state. Upon such authorization, the responding state

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or states shall take or increase such eradication or control

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measures as may be warranted. A responding state shall use moneys

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available from the Insurance Fund expeditiously and efficiently

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to assist in affording the protection requested.

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     (c) In order to apply for expenditures from the Insurance

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Fund, a requesting state shall submit the following in writing:

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     1. A detailed statement of the circumstances that occasion

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the request for invoking the compact.

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     2. Evidence that the pest for which eradication or control

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assistance is requested constitutes a danger to an agricultural

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or forest crop, product, tree, shrub, grass, or other plant

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having a substantial value to the requesting state.

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     3. A statement of the extent of the present and projected

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program of the requesting state and its subdivisions, including

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full information as to the legal authority for the conduct of

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such program or programs and the expenditures being made, or

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budgeted therefore, in connection with the eradication, control,

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or prevention of introduction of the pest concerned.

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     4. Proof that the expenditures being made or budgeted as

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detailed in subparagraph 3. do not constitute a reduction of the

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effort for the control or eradication of the pest concerned or,

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if there is a reduction, the reasons why the level of program

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detailed in subparagraph 3. constitutes a normal level of pest-

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control activity.

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     5. A declaration as to whether, to the best of the

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requesting state's knowledge and belief, the conditions that

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occasion the invoking of the compact in the particular instance

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

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the Insurance Fund within 1 year or less, or whether the request

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is for an installment in a program that is likely to continue for

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a longer period of time.

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     6. Such other information as the Governing Board may

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require consistent with the provisions of this compact.

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     (d) The Governing Board or Executive Committee shall give

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due notice of any meeting at which an application for assistance

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from the Insurance Fund is to be considered. Such notice shall be

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given to the compact administrator of each party state and to

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

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of the party states. The requesting state and any other party

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state is entitled to be represented and present evidence and

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argument at such meeting.

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     (e) Upon the submission of the information required by

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paragraph (c) and such other information as the requesting state

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

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funds is within the purposes of this compact and justified

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thereby, the Governing Board or Executive Committee shall

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authorize support of the program. The Governing Board or

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Executive Committee may meet at any time or place for the purpose

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of receiving and considering an application. Any and all

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determinations of the Governing Board or Executive Committee,

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with respect to an application, together with the reasons

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therefore shall be recorded and subscribed in such manner as to

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show and preserve the votes of the individual members thereof.

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     (f) A requesting state that is dissatisfied with a

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determination of the Executive Committee shall, upon notice in

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writing given within 20 days after the determination with which

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it is dissatisfied, be entitled to receive a review thereof at

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the next meeting of the Governing Board. Determinations of the

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Executive Committee shall be reviewable only by the Governing

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Board at one of its regular meetings or at a special meeting held

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in such manner as the Governing Board may authorize.

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     (g) Responding states required to undertake or increase

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measures pursuant to this compact may receive moneys from the

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Insurance Fund either at the time or times when such state incurs

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expenditures on account of such measures or as reimbursement for

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expenses incurred and chargeable to the Insurance Fund. The

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Governing Board shall adopt, and from time to time may amend or

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revise, procedures for submission of claims upon it and for

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payment thereof.

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     (h) Before authorizing the expenditure of moneys from the

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Insurance Fund pursuant to an application of a requesting state,

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the Insurance Fund shall ascertain the extent and nature of any

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timely assistance or participation that may be available from the

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Federal Government and shall request the appropriate agency or

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agencies of the Federal Government for such assistance and

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participation.

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     (i) The Insurance Fund may negotiate and execute a

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memorandum of understanding or other appropriate instrument

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defining the extent and degree of assistance or participation

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between and among the Insurance Fund, cooperating federal

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agencies, states, and any other entities concerned.

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     (8) ADVISORY AND TECHNICAL COMMITTEES.--The Governing Board

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may establish advisory and technical committees composed of

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state, local, and federal officials and private persons to advise

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it with respect to any one or more of its functions. Any such

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advisory or technical committee, or any member or members

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thereof, may meet with and participate in its deliberations upon

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request of the Governing Board or Executive Committee. An

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advisory or technical committee may furnish information and

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recommendations with respect to any application for assistance

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from the Insurance Fund being considered by the board or

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committee and the board or committee may receive and consider the

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same; except that any participant in a meeting of the Governing

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Board or Executive Committee held pursuant to paragraph (7)(d) is

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entitled to know the substance of any such information and

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recommendations at the time of the meeting if made prior thereto

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or as a part thereof or, if made thereafter, no later than the

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time at which the Governing Board or Executive Committee makes

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its disposition of the application.

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     (9) RELATIONS AND NONPARTY JURISDICTION.--

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     (a) A party state may make application for assistance from

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the Insurance Fund with respect to a pest in a nonparty state.

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Such application shall be considered and disposed of by the

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Governing Board or Executive Committee in the same manner as an

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application with respect to a pest within a party state, except

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as provided in this subsection.

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     (b) At or in connection with any meeting of the Governing

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Board or Executive Committee held pursuant to paragraph (7)(d), a

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nonparty state is entitled to appear, participate, and receive

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information only to such extent as the Governing Board or

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Executive Committee may provide. A nonparty state is not entitled

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to review of any determination made by the Executive Committee.

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     (c) The Governing Board or Executive Committee shall

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authorize expenditures from the Insurance Fund to be made in a

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nonparty state only after determining that the conditions in such

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state and the value of such expenditures to the party states as a

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whole justify them. The Governing Board or Executive Committee

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may set any conditions that it deems appropriate with respect to

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the expenditure of moneys from the Insurance Fund in a nonparty

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state and may enter into such agreement or agreements with

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nonparty states and other jurisdictions or entities as it may

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deem necessary or appropriate to protect the interests of the

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Insurance Fund with respect to expenditures and activities

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outside of party states.

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     (10) FINANCE.--

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     (a) The Insurance Fund shall submit to the executive head

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or designated officer or officers of each party state a budget

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for the Insurance Fund for such period as may be required by the

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laws of that party state for a presentation to the Legislature

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thereof.

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     (b) Each of the budgets shall contain specific

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recommendations of the amount or amounts to be appropriated by

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each of the party states. The request for appropriations shall be

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apportioned among the party states as follows: one-tenth of the

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total budget in equal shares and the remainder in proportion to

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the value of agricultural and forest crops and products,

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excluding animals and animal products, produced in each party

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state. In determining the value of such crops and products, the

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Insurance Fund may employ such source or sources of information

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as in its judgment present the most equitable and accurate

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comparisons among the party states. Each of the budgets and

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requests for appropriations shall indicate the source or sources

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used in obtaining information concerning the value of products.

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     (c) The financial assets of the Insurance Fund shall be

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maintained in two accounts to be designated respectively as the

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"Operating Account" and the "Claims Account." The Operating

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Account shall consist only of those assets necessary for the

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administration of the Insurance Fund during the next ensuing 2-

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year period. The Claims Account shall contain all moneys not

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included in the Operating Account and may not exceed the amount

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reasonably estimated to be sufficient to pay all legitimate

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claims against the Insurance Fund for a period of 3 years. At any

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time when the Claims Account has reached its maximum limit or

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would reach its maximum limit by the addition of moneys requested

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for appropriation by the party states, the Governing Board shall

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reduce its budget requests on a pro rata basis in such manner as

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to keep the Claims Account within such maximum limit. Any moneys

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in the Claims Account by virtue of conditional donations, grants,

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or gifts shall be included in calculations made pursuant to this

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paragraph only to the extent that such moneys are available to

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meet demands arising out of the claims.

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     (d) The Insurance Fund shall not pledge the credit of any

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party state. The Insurance Fund may meet any of its obligations

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in whole or in part with moneys available to it under paragraph

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(5)(g), provided that the Governing Board takes specific action

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setting aside such moneys prior to incurring any obligation to be

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met in whole or in part in such manner. Except where the

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Insurance Fund makes use of moneys available to it under

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paragraph (5)(g), the Insurance Fund shall not incur any

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obligation prior to the allotment of moneys by the party states

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adequate to meet the same.

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     (e) The Insurance Fund shall keep accurate accounts of all

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receipts and disbursements. The receipts and disbursements of the

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Insurance Fund shall be subject to the audit and accounting

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procedures established under its bylaws. However, all receipts

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and disbursements of funds handled by the Insurance Fund shall be

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audited yearly by a certified or licensed public accountant and a

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report of the audit shall be included in and become part of the

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annual report of the Insurance Fund.

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     (f) The accounts of the Insurance Fund shall be open at any

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reasonable time for inspection by duly authorized officers of the

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party states and by any persons authorized by the Insurance Fund.

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     (11) ENTRY INTO FORCE AND WITHDRAWAL.--

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     (a) This compact shall enter into force when enacted into

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law by any five or more states. Thereafter, this compact shall

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become effective as to any other state upon its enactment

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thereof.

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     (b) Any party state may withdraw from this compact by

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enacting a statute repealing the same, but no such withdrawal

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shall take effect until 2 years after the executive head of the

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withdrawing state has given notice in writing of the withdrawal

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to the executive heads of all other party states. No withdrawal

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shall affect any liability already incurred by or chargeable to a

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party state prior to the time of such withdrawal.

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     (12) CONSTRUCTION AND SEVERABILITY.--This compact shall be

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liberally construed so as to effectuate the purposes thereof. The

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provisions of this compact are severable and if any phrase,

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clause, sentence, or provision of this compact is declared to be

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contrary to the constitution of any state or of the United States

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or the applicability thereof to any government, agency, person,

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or circumstance is held invalid, the validity of the remainder of

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this compact and the applicability thereof to any government,

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agency, person, or circumstance shall not be affected thereby. If

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this compact is held contrary to the constitution of any state

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participating herein, the compact shall remain in full force and

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effect as to the remaining party states and in full force and

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effect as to the state affected as to all severable matters.

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     Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.