45 ILCS 5/ Pest Control Compact Act.

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45 ILCS 5/0.01

(45 ILCS 5/0.01) (from Ch. 5, par. 280)

Sec. 0.01.

Short title.

This Act may be cited as the

Pest Control Compact Act.

(Source: P.A. 86-1324.)

45 ILCS 5/1

(45 ILCS 5/1) (from Ch. 5, par. 281)

Sec. 1.

The State of Illinois ratifies and approves the following
compact:

PEST CONTROL COMPACT

ARTICLE I. FINDINGS

The party states find that:

(a) In the absence of the higher degree of cooperation among them
possible under this compact, the annual loss of approximately seven billion
dollars from the depredations of pests is virtually certain to continue, if
not to increase.

(b) Because of varying climatic, geographic and economic factors, each
state may be affected differently by particular species of pests; but
all states share the inability to protect themselves fully against those
pests which present serious dangers to them.

(c) The migratory character of pest infestations makes it necessary for
states both adjacent to and distant from one another, to complement each
other's activities when faced with conditions of infestation and
reinfestation.

(d) While every state is seriously affected by a substantial number of
pests, and every state is susceptible of infestation by many species of
pests not now causing damage to its crop and plant life and products,
the fact that relatively few species of pests present equal danger to or are
of interest to all states makes the establishment and operation of an
Insurance Fund, from which individual states may obtain financial support
for pest control program of benefit to them in other states and to which
they may contribute in accordance with their relative interests, the
most equitable means of financing cooperative pest eradication and control
programs.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a different
construction:

(a) "State" means a state, territory or possession of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico.

(b) "Requesting state" means a state which invokes the procedures of the
compact to secure the undertaking or intensification of measures to
control or eradicate one or more pests within one or more other states.

(c) "Responding state" means a state requested to undertake or intensify
the measures referred to in subdivision (b) of this Article.

(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or
similar or allied organism which can cause disease or damage in any
crops, trees, shrubs, grasses or other plants of substantial value.

(e) "Insurance Fund" means the Pest Control Insurance Fund established
pursuant to this compact.

(f) "Governing Board" means the administrators of this compact
representing all of the party states when such administrators are acting
as a body in pursuance of authority vested in them by this compact.

(g) "Executive Committee" means the committee established pursuant to
Article V (e) of this compact.

ARTICLE III. THE INSURANCE FUND

There is hereby established the Pest Control Insurance Fund for the
purpose of financing other than normal pest control operations which
states
may be called upon to engage in pursuant to the compact. The Insurance
Fund shall contain moneys appropriated to it by the party states and any
donations and grants accepted by it. All appropriations, except as
conditioned by the rights and obligations of party states expressly set
forth in this compact, shall be unconditional and may not be restricted
by the appropriating state to use in the control of any specified pest or
pests. Donations and grants may be conditional or unconditional,
provided that the Insurance Fund shall not accept any donation or grant whose
terms are inconsistent with any provision of this compact.

ARTICLE IV. THE INSURANCE FUND, INTERNAL OPERATIONS AND MANAGEMENT

(a) The Insurance Fund shall be administered by a Governing Board and
Executive Committee as hereinafter provided. The actions of the Governing
Board and Executive Committee pursuant to this compact shall be deemed
the actions of the Insurance Fund.

(b) The members of the Governing Board shall be entitled to one vote
each on such Board. No action of the Governing Board shall be binding
unless taken at a meeting at which a majority of the total number of
votes on the Governing Board are cast in favor thereof. Action of the
Governing Board shall be only at a meeting at which a majority of
the members are present.

(c) The Insurance Fund shall have a seal which may be employed as an
official symbol and which may be affixed to documents and otherwise used
as the Governing Board may provide.

(d) The Governing Board shall elect annually, from among its members, a
chairman, a vice chairman, a secretary and a treasurer. The chairman may
not succeed himself. The Governing Board may appoint an executive director
and fix his duties and his compensation, if any. Such executive director
shall serve at the pleasure of the Governing Board. The Governing Board
shall make provision for the bonding of such of the officers and
employees of the Insurance Fund as may be appropriate.

(e) Irrespective of the civil service, personnel or other merit system
laws of any of the party states, the executive director, or if there be
no executive director, the chairman, in accordance with such procedures as
the bylaws may provide, shall appoint, remove or discharge such personnel as
may be necessary for the performance of the functions of the Insurance
Fund and shall fix the duties and compensation of such personnel. The
Governing
Board in its bylaws shall provide for the personnel policies and
programs of the Insurance Fund.

(f) The Insurance Fund may borrow, accept or contract for the services
of personnel from any state, the United States, or any other
governmental agency, or from any person, firm, association or corporation.

(g) The Insurance Fund may accept for any of its purposes and functions
under this compact any and all donations, and grants of money,
equipment, supplies, materials and services, conditional or otherwise, from any
state, the United States, or any other governmental agency, or from any person,
firm, association or corporation, and may receive, utilize and dispose
of the same. Any donation, gift or grant accepted by the Governing Board
pursuant to this paragraph or services borrowed pursuant to paragraph
(f) of this Article shall be reported in the annual report of the Insurance
Fund. Such report shall include the nature, amount and conditions, if
any, of the donation, gift, grant or services borrowed and the identity of
the donor or lender.

(h) The Governing Board shall adopt bylaws for the conduct of the
business of the Insurance Fund and shall have the power to amend and
rescind these bylaws. The Insurance Fund shall publish its bylaws in
convenient form and shall file a copy thereof and a copy of any amendment
thereto with the appropriate agency or officer in each of the party states.

(i) The Insurance Fund annually shall make to the Governor and
legislature of each party state a report covering its activities for the
preceding year. The Insurance Fund may make such additional reports as
it may deem desirable.

(j) In addition to the powers and duties specifically authorized and
imposed, the Insurance Fund may do such other things as are necessary
and incidental to the conduct of its affairs pursuant to this compact.

ARTICLE V. COMPACT AND INSURANCE FUND ADMINISTRATION

(a) In each party state there shall be a compact administrator, who
shall be selected and serve in such manner as the laws of his state may
provide, and who shall:

1. Assist in the coordination of activities pursuant to the compact in
his state; and

2. Represent his state on the Governing Board of the Insurance Fund.

(b) If the laws of the United States specifically so provide, or if
administrative provision is made therefor within the federal government,
the United States may be represented on the Governing Board of the
Insurance Fund by not to exceed three representatives. Any such
representative or representatives of the United States shall be appointed
and serve in such manner as may be provided by or pursuant to federal
law, but no such representative shall have a vote on the Governing Board or
on the Executive Committee thereof.

(c) The Governing Board shall meet at least once each year for the
purpose of determining policies and procedures in the administration of
the Insurance Fund and, consistent with the provisions of the compact,
supervising and giving direction to the expenditure of moneys from the
Insurance Fund. Additional meetings of the Governing Board shall be held
on call of the chairman, the Executive Committee, or a majority of the
membership of the Governing Board.

(d) At such times as it may be meeting, the Governing Board shall pass
upon applications for assistance from the Insurance Fund and authorize
disbursements therefrom. When the Governing Board is not in session, the
Executive Committee thereof shall act as agent of the Governing Board,
with full authority to act for it in passing upon such applications.

(e) The Executive Committee shall be composed of the chairman of the
Governing Board and four additional members of the Governing Board
chosen by it so that there shall be one member representing each of four
geographic groupings of party states. The Governing Board shall make
such geographic groupings. If there is representation of the United States on
the Governing Board, one such representative may meet with the Executive
Committee. The chairman of the Governing Board shall be chairman of the
Executive Committee. No action of the Executive Committee shall be
binding unless taken at a meeting at which at least four members of such
Committee are present and vote in favor thereof. Necessary expenses
of each of the five members of the Executive Committee incurred in
attending meetings of
such Committee, when not held at the same time and place as a meeting of
the Governing Board, shall be charges against the Insurance Fund.

ARTICLE VI. ASSISTANCE AND REIMBURSEMENT

(a) Each party state pledges to each other party state that it will
employ its best efforts to eradicate, or control within the strictest
practicable limits, any and all pests. It is recognized that performance
of this responsibility involves:

1. The maintenance of pest control and eradication activities of
interstate significance by a party state at a level that would be
reasonable for its own protection in the absence of this compact.

2. The meeting of emergency outbreaks or infestations of interstate
significance to not less an extent than would have been done in the
absence of this compact.

(b) Whenever a party state is threatened by a pest not present within
its borders but present within another party state, or whenever a party
state is undertaking or engaged in activities for the control or
eradication of a pest or pests, and finds that such activities are or would
be impracticable or substantially more difficult of success by reason of
failure of another party state to cope with infestation or threatened
infestation, that state may request the Governing Board to authorize
expenditures from the Insurance Fund for eradication or control measures
to be taken by one or more of such other party states at a level sufficient
to prevent, or to reduce to the greatest practicable extent, infestation or
reinfestation of the requesting state. Upon such authorization the
responding state or states shall take or increase such eradication or
control measures as may be warranted. A responding state shall use moneys
made available from the Insurance Fund expeditiously and efficiently to
assist in affording the protection requested.

(c) In order to apply for expenditures from the Insurance Fund, a
requesting state shall submit the following in writing:

1. A detailed statement of the circumstances which occasion the request
for the invoking of the compact.

2. Evidence that the pest on account of whose eradication or control
assistance is requested constitutes a danger to an agricultural or forest
crop, product, tree, shrub, grass or other plant having a substantial
value to the requesting state.

3. A statement of the extent of the present and projected program of the
requesting state and its subdivisions, including full information as to the
legal authority for the conduct of such program or programs and the
expenditures being made or budgeted therefor, in connection with the
eradication, control, or prevention of introduction of the pest
concerned.

4. Proof that the expenditures being made or budgeted as detailed in
item 3 do not constitute a reduction of the effort for the control or
eradication of the pest concerned or, if there is a reduction, the
reasons why the level of program detailed in item 3 constitutes a normal level
of pest control activity.

5. A declaration as to whether, to the best of its knowledge and belief,
the conditions which in its view occasion the invoking of the compact in
the particular instance can be abated by a program undertaken with the
aid of moneys from the Insurance Fund in one year or less, or whether the
request is for an installment in a program which is likely to continue
for a longer period of time.

6. Such other information as the Governing Board may require consistent
with the provisions of this compact.

(d) The Governing Board or Executive Committee shall give due notice of
any meeting at which an application for assistance from the Insurance
Fund is to be considered. Such notice shall be given to the compact
administrator of each party state and to such other officers and
agencies as may be designated by the laws of the party states. The requesting
state and any other party state shall be entitled to be represented and
present evidence and argument at such meeting.

(e) Upon the submission as required by paragraph (c) of this Article and
such other information as it may have or acquire, and upon determining
that an expenditure of funds is within the purposes of this compact and
justified thereby, the Governing Board or Executive Committee shall
authorize support of the program. The Governing Board or the Executive
Committee may meet at any time or place for the purpose of receiving and
considering an application. Any and all determinations of the Governing
Board or Executive Committee, with respect to an application, together
with the reasons therefor shall be recorded and subscribed in such manner as
to show and preserve the votes of the individual members thereof.

(f) A requesting state which is dissatisfied with a determination of the
Executive Committee shall upon notice in writing given within twenty
days of the determination with which it is dissatisfied, be entitled to
receive a review thereof at the next meeting of the Governing Board.
Determinations
of the Executive Committee shall be reviewable only by the Governing
Board at one of its regular meetings, or at a special meeting held in such
manner as the Governing Board may authorize.

(g) Responding states required to undertake or increase measures
pursuant to this compact may receive moneys from the Insurance Fund,
either at the time or times when such state incurs expenditures on account of
such measures, or as reimbursement for expenses incurred and chargeable to
the Insurance Fund. The Governing Board shall adopt and, from time to time, may
amend or revise procedures for submission of claims upon it and for payment
thereof.

(h) Before authorizing the expenditure of moneys from the Insurance Fund
pursuant to an application of a requesting state, the Insurance Fund shall
ascertain the extent and nature of any timely assistance or participation
which may be available from the federal government and shall request the
appropriate agency or agencies of the federal government for such
assistance and participation.

(i) The Insurance Fund may negotiate and execute a memorandum of
understanding or other appropriate instrument defining the extent and
degree of assistance or participation between and among the Insurance
Fund, cooperating federal agencies, states and any other entities concerned.

ARTICLE VII. ADVISORY AND TECHNICAL COMMITTEES

The Governing Board may establish advisory and technical committees
composed of state, local, and federal officials, and private persons to
advise it with respect to any one or more of its functions. Any such
advisory or technical committee, or any member or members thereof may meet
with and participate in its deliberations. Upon request of the Governing
Board or Executive Committee an advisory or technical committee may
furnish information and recommendations with respect to any application for
assistance from the Insurance Fund being considered by such Board or
Committee and the Board or Committee may receive and consider the same:
provided that any participant in a meeting of the Governing Board or
Executive Committee held pursuant to Article VI (d) of the compact shall
be entitled to know the substance of any such information and recommendations,
at the time of the meeting if made prior thereto or as a part thereof
or, if made thereafter, no later than the time at which the Governing Board
or Executive Committee makes its disposition of the application.

ARTICLE VIII. RELATIONS WITH NONPARTY JURISDICTIONS

(a) A party state may make application for assistance from the Insurance
Fund in respect of a pest in a nonparty state. Such application shall be
considered and disposed of by the Governing Board or Executive Committee
in the same manner as an application with respect to a pest within a party
state, except as provided in this Article.

(b) At or in connection with any meeting of the Governing Board or
Executive Committee held pursuant to Article VI (d) of this compact a
nonparty state shall be entitled to appear, participate, and receive
information only to such extent as the Governing Board or Executive
Committee may provide. A nonparty state shall not be entitled to review
of any determination made by the Executive Committee.

(c) The Governing Board or Executive Committee shall authorize
expenditures from the Insurance Fund to be made in a nonparty state only
after determining that the conditions in such state and the value of
such expenditures to the party states as a whole justify them. The Governing
Board or Executive Committee may set any conditions which it deems
appropriate with respect to the expenditure of moneys from the Insurance
Fund in a nonparty state and may enter into such agreement or agreements
with nonparty states and other jurisdictions or entities as it may deem
necessary or appropriate to protect the interests of the Insurance Fund
with respect to expenditures and activities outside of party states.

ARTICLE IX. FINANCE

(a) The Insurance Fund shall submit to the executive head or designated
officer or officers of each party state a budget for the Insurance Fund
for such period as may be required by the laws of that party state for
presentation to the legislature thereof.

(b) Each of the budgets shall contain specific recommendations of the
amount or amounts to be appropriated by each of the party states. The
requests for appropriations shall be apportioned among the party states
as follows: one-tenth of the total budget in equal shares and the remainder
in proportion to the value of agricultural and forest crops and products,
excluding animals and animal products, produced in each party state. In
determining the value of such crops and products the Insurance Fund may
employ such source or sources of information as in its judgment present
the most equitable and accurate comparisons among the party states. Each of
the budgets and requests for appropriations shall indicate the source or
sources used in obtaining information concerning value of products.

(c) The financial assets of the Insurance Fund shall be maintained in
two accounts to be designated respectively as the "Operating Account" and
the "Claims Account." The Operating Account shall consist only of those
assets necessary for the administration of the Insurance Fund the next
ensuing two-year period. The Claims Account shall contain all moneys not
included in the Operating Account and shall not exceed the amount
reasonably estimated to be sufficient to pay all legitimate claims on
the Insurance Fund for a period of three years. At any time when the Claims
Account has reached its maximum limit or would reach its maximum limit
by the addition of moneys requested for appropriation by the party states,
the Governing Board shall reduce its budget requests on a pro rata basis in
such manner as to keep the Claims Account within such maximum limit. Any
moneys in the Claims Account by virtue of conditional donations, grants
or gifts shall be included in calculations made pursuant to this paragraph
only to the extent that such moneys are available to meet demands
arising out of claims.

(d) The Insurance Fund shall not pledge the credit of any party state.
The Insurance Fund may meet any of its obligations in whole or in part
with moneys available to it under Article IV (g) of this compact, provided
that the Governing Board takes specific action setting aside such moneys
prior to incurring any obligation to be met in whole or in part in such manner.
Except where the Insurance Fund makes use of moneys available to it under
Article IV (g) hereof, the Insurance Fund shall not incur any obligation
prior to the allotment of moneys by the party states adequate to meet
the same.

(e) The Insurance Fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Insurance Fund
shall be subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Insurance Fund shall be audited yearly by a certified or licensed public
accountant and a report of the audit shall be included in and become part
of the annual report of the Insurance Fund.

(f) The accounts of the Insurance Fund shall be open at any reasonable
time for inspection by duly authorized officers of the party states and
by any persons authorized by the Insurance Fund.

ARTICLE X. ENTRY INTO FORCE AND WITHDRAWAL

(a) This compact shall enter into force when enacted into law by any
five or more states. Thereafter, this compact shall become effective as to
any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until two
years after the executive head of the withdrawing state has given notice in
writing of the withdrawal to the executive heads of all other party states.
No withdrawal shall affect any liability already incurred by or chargeable
to a party state prior to the time of such withdrawal.

ARTICLE XI. CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared to
be contrary to the constitution of any state or of the United States or the
applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state participating herein, the compact shall
remain in full force and effect as to the remaining party states and in
full force and effect as to the state affected as to all severable matters.