CS/HB 197

1	A bill to be entitled
2	An act relating to pest control; creating s. 570.345,
3	F.S., the Pest Control Compact; providing for enactment of
4	the compact; requiring the Commissioner of Agriculture to
5	administer the compact; requiring that an application for
6	assistance under the compact be made by the commissioner;
7	providing for crediting of funds to appropriate accounts
8	of a state treasury under certain circumstances; providing
9	findings with respect to the need for all states to
10	cooperate in pest-eradication and control programs;
11	providing definitions; providing for the establishment of
12	the Pest Control Insurance Fund for the purpose of
13	financing pest-control operations under the compact;
14	specifying sources of funds deposited into the Pest
15	Control Insurance Fund and any conditions that may be
16	placed on such funds; providing for the Pest Control
17	Insurance Fund to be administered by a Governing Board and
18	Executive Committee; providing for the internal operations
19	and management of the Governing Board; requiring an annual
20	report to the Governor and Legislature of each state that
21	is a party to the compact; providing for the
22	administration of the compact and the Pest Control
23	Insurance Fund; providing procedures for applying for an
24	expenditure from the fund; providing for a determination
25	with respect to expenditures from the fund and for the
26	review thereof; authorizing the Governing Board to
27	establish advisory and technical committees; providing for
28	an application for assistance from the fund on behalf of a
29	nonparty state; providing requirements for the fund with
30	respect to preparing budgets and maintaining financial
31	assets; prohibiting a pledge of the assets of a state that
32	is a party to the compact; providing for the compact to
33	enter into force upon its enactment by five or more
34	states; providing a procedure for a state to withdraw from
35	the compact; providing for construction and severability;
36	providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 570.345, Florida Statutes, is created
41	to read:
42	570.345  Pest Control Compact.--
43	(1)  ENACTMENT OF COMPACT.--The Pest Control Compact is
44	enacted into law and entered into with all other jurisdictions
45	legally joining therein in the form substantially as provided in
46	this section.
47	(a)  Consistent with law and within available
48	appropriations, the departments, agencies, and officers of this
49	state may cooperate with the Insurance Fund established by the
50	Pest Control Compact.
51	(b)  Pursuant to paragraph (5)(h), copies of bylaws and
52	amendments thereto shall be filed with the Commissioner of
53	Agriculture.
54	(c)  The compact administrator for this state shall be the
55	Commissioner of Agriculture.
56	(d)  Within the meaning of paragraph (7)(b) or paragraph
57	(9)(a), a request or application for assistance from the
58	Insurance Fund may be made by the Commissioner of Agriculture.
59	(e)  The department, agency, or officer expending or
60	becoming liable for an expenditure on account of a control or
61	eradication program undertaken or intensified pursuant to the
62	compact shall have credited to the appropriate account in the
63	state treasury the amount or amounts of any payments made to
64	this state to defray the cost of such program, or any part
65	thereof, or as reimbursement thereof.
66	(f)  As used in this compact, with reference to this state,
67	the term "executive head" means the Governor.
68	(2)  FINDINGS.--
69	(a)  In the absence of the higher degree of cooperation
70	possible under this compact, the annual loss of approximately
71	$137 billion from the depredations of pests is virtually certain
72	to continue, if not to increase.
73	(b)  Because of the varying climatic, geographic, and
74	economic factors, each state may be affected differently by
75	particular species of pests; but all states share the inability
76	to protect themselves fully against pests that present serious
77	dangers to them.
78	(c)  The migratory character of pest infestations makes it
79	necessary for states both adjacent to and distant from one
80	another to complement each other's activities when faced with
81	conditions of infestation and reinfestation.
82	(d)  While every state is seriously affected by a
83	substantial number of pests, and every state is susceptible to
84	infestation by many species of pests not now causing damage to
85	its crops and plant life and products, the fact that relatively
86	few species of pests present equal danger to or are of interest
87	to all states makes the establishment and operation of an
88	Insurance Fund, from which individual states may obtain
89	financial support for pest-control programs of benefit to them
90	in other states and to which they may contribute in accordance
91	with their relative interest, the most equitable means of
92	financing cooperative pest-eradication and control programs.
93	(3)  DEFINITIONS.--As used in this compact, the term:
94	(a)  "State" means a state, territory, or possession of the
95	United States, the District of Columbia, or the Commonwealth of
96	Puerto Rico.
97	(b)  "Requesting state" means a state that invokes the
98	procedures of the compact to secure the undertaking or
99	intensification of measures to control or eradicate one or more
100	pests within one or more other states.
101	(c)  "Responding state" means a state that is requested to
102	undertake or intensify the measures referred to in paragraph
103	(b).
104	(d)  "Pest" means any invertebrate animal, pathogen,
105	parasitic plant, or similar or allied organism that can cause
106	disease or damage in any crops, trees, shrubs, grasses, or other
107	plants of substantial value.
108	(e)  "Insurance Fund" means the Pest Control Insurance Fund
109	established pursuant to this compact.
110	(f)  "Governing Board" means the administrators of this
111	compact representing all of the party states when such
112	administrators are acting as a body in pursuance of authority
113	vested in them by this compact.
114	(g)  "Executive Committee" means the committee established
115	pursuant to paragraph (6)(e).
116	(4)  INSURANCE FUND.--There is established a Pest Control
117	Insurance Fund for the purpose of financing other than normal
118	pest-control operations that states may be called upon to engage
119	in pursuant to this compact. The Insurance Fund shall contain
120	moneys appropriated to it by the party states and any donations
121	and grants accepted by it. All appropriations, except as
122	conditioned by the rights and obligations of party states
123	expressly set forth in this compact, shall be unconditional and
124	may not be restricted by the appropriating state to use in the
125	control of any specified pest or pests. Donations and grants may
126	be conditional or unconditional, except that the Insurance Fund
127	may not accept any donation or grant whose terms are
128	inconsistent with any provision of this compact.
129	(5)  PEST CONTROL INSURANCE FUND; INTERNAL OPERATIONS AND
130	MANAGEMENT.--
131	(a)  The Insurance Fund shall be administered by a
132	Governing Board and Executive Committee as hereinafter provided.
133	The actions of the Governing Board and the Executive Committee
134	pursuant to this compact shall be deemed the actions of the
135	Insurance Fund.
136	(b)  The members of the Governing Board are entitled to one
137	vote on the board. Action by the Governing Board is not binding
138	unless taken at a meeting at which a majority of the total
139	number of votes on the Governing Board is cast in favor thereof.
140	Action of the Governing Board shall be taken only at a meeting
141	at which a majority of the members are present.
142	(c)  The Insurance Fund shall have a seal that may be
143	employed as an official symbol and that may be affixed to
144	documents and otherwise used as the Governing Board may provide.
145	(d)  The Governing Board shall elect annually, from among
146	its members, a chairperson, a vice chairperson, a secretary, and
147	a treasurer. The chairperson may not succeed himself or herself.
148	The Governing Board may appoint an executive director and fix
149	his or her duties and compensation, if any. Such executive
150	director shall serve at the pleasure of the Governing Board. The
151	Governing Board shall make provision for the bonding of such of
152	the officers and employees of the Insurance Fund as may be
153	appropriate.
154	(e)  Irrespective of the civil service, personnel, or other
155	merit system laws of any of the party states, the executive
156	director or, if there is no executive director, the chairperson,
157	in accordance with such procedures as the bylaws may provide,
158	shall appoint, remove, or discharge such personnel as may be
159	necessary for the performance of the functions of the Insurance
160	Fund and shall fix the duties and compensation of such
161	personnel. The Governing Board in its bylaws shall provide for
162	the personnel policies and programs of the Insurance Fund.
163	(f)  The Insurance Fund may borrow, accept, or contract for
164	the services of personnel from any state, the United States, or
165	any other governmental agency, or from any person, firm,
166	association, or corporation.
167	(g)  The Insurance Fund may accept for any of its purposes
168	and functions under this compact any and all donations and
169	grants of money, equipment, supplies, materials, and services,
170	conditional or otherwise, from any state, the United States, or
171	any other governmental agency, or from any person, firm,
172	association, or corporation, and may receive, use, and dispose
173	of the same. Any donation, gift, or grant accepted by the
174	Governing Board pursuant to this paragraph or services borrowed
175	pursuant to paragraph (f) shall be reported in the annual report
176	of the Insurance Fund. Such report must include the nature,
177	amount, and conditions, if any, of the donation, gift, grant, or
178	services borrowed and the identity of the donor or lender.
179	(h)  The Governing Board shall adopt bylaws for the conduct
180	of the business of the Insurance Fund and shall have the power
181	to amend and to rescind these bylaws. The Insurance Fund shall
182	publish its bylaws in a convenient form and shall file a copy
183	thereof and a copy of any amendment thereto with the appropriate
184	agency or officer in each of the party states.
185	(i)  The Insurance Fund shall make an annual report to the
186	Governor and Legislature of each party state which covers its
187	activities for the preceding year. The Insurance Fund may make
188	such additional reports as it may deem desirable.
189	(j)  In addition to the powers and duties specifically
190	authorized and imposed, the Insurance Fund may do such other
191	things as are necessary and incidental to the conduct of its
192	affairs pursuant to this compact.
193	(6)  COMPACT AND INSURANCE FUND ADMINISTRATION.--
194	(a)  In each party state there shall be a compact
195	administrator who shall be selected and serve in such manner as
196	the laws of his or her state may provide, who shall assist in
197	the coordination of activities pursuant to the compact in his or
198	her state, and who shall represent his or her state on the
199	Governing Board of the Insurance Fund.
200	(b)  If the laws of the United States specifically so
201	provide, or if administrative provision is made therefor within
202	the Federal Government, the United States may be represented on
203	the Governing Board of the Insurance Fund by not more than three
204	representatives. Any such representative or representatives of
205	the United States shall be appointed and serve in such manner as
206	may be provided by or pursuant to federal law, but no such
207	representative shall have a vote on the Governing Board or the
208	Executive Committee thereof.
209	(c)  The Governing Board shall meet at least once each year
210	for the purpose of determining policies and procedures in the
211	administration of the Insurance Fund and, consistent with the
212	provisions of the compact, supervising and giving direction to
213	the expenditure of moneys from the Insurance Fund. Additional
214	meetings of the Governing Board shall be held at the call of the
215	chairperson, the Executive Committee, or a majority of the
216	membership of the Governing Board.
217	(d)  At such times as it may be meeting, the Governing
218	Board shall pass upon applications for assistance from the
219	Insurance Fund and authorize disbursements therefrom. When the
220	Governing Board is not in session, the Executive Committee
221	thereof shall act as agent of the Governing Board, and has full
222	authority to act for it in passing upon such applications.
223	(e)  The Executive Committee shall be composed of the
224	chairperson of the Governing Board and four additional members
225	of the Governing Board chosen by it so that there shall be one
226	member representing each of four geographic groupings of party
227	states. The Governing Board shall make such geographic
228	groupings. If there is representation of the United States on
229	the Governing Board, one such representative may meet with the
230	Executive Committee. The chairperson of the Governing Board
231	shall be the chairperson of the Executive Committee. No action
232	of the Executive Committee shall be binding unless taken at a
233	meeting at which at least four members of such committee are
234	present and vote in favor thereof. Necessary expenses of each of
235	the five members of the Executive Committee incurred in
236	attending meetings of such committee, when not held at the same
237	time and place as a meeting of the Governing Board, shall be
238	charged against the Insurance Fund.
239	(7)  ASSISTANCE AND REIMBURSEMENT.--
240	(a)  Each party state pledges to each other party state
241	that it will employ its best efforts to eradicate, or control
242	within the strictest practicable limits, any and all pests. It
243	is recognized that performance of this responsibility involves:
244	1.  The maintenance of pest-control and eradication
245	activities of interstate significance by a party state at a
246	level that would be reasonable for its own protection in the
247	absence of this compact.
248	2.  The meeting of emergency outbreaks or infestations of
249	interstate significance to no less an extent than would have
250	been done in the absence of this compact.
251	(b)  Whenever a party state is threatened by a pest not
252	present within its borders but present within another party
253	state, or whenever a party state is undertaking or engaged in
254	activities for the control or eradication of a pest or pests and
255	finds that such activities are or would be impracticable or
256	substantially more difficult by reason of failure of another
257	party state to cope with infestation or threatened infestation,
258	that state may request the Governing Board to authorize
259	expenditures from the Insurance Fund for eradication or control
260	measures to be taken by one or more of such other party states
261	at a level sufficient to prevent, or to reduce to the greatest
262	practicable extent, infestation or reinfestation of the
263	requesting state. Upon such authorization, the responding state
264	or states shall take or increase such eradication or control
265	measures as may be warranted. A responding state shall use
266	moneys available from the Insurance Fund expeditiously and
267	efficiently to assist in affording the protection requested.
268	(c)  In order to apply for expenditures from the Insurance
269	Fund, a requesting state shall submit the following in writing:
270	1.  A detailed statement of the circumstances that occasion
271	the request for invoking the compact.
272	2.  Evidence that the pest for which eradication or control
273	assistance is requested constitutes a danger to an agricultural
274	or forest crop, product, tree, shrub, grass, or other plant
275	having a substantial value to the requesting state.
276	3.  A statement of the extent of the present and projected
277	program of the requesting state and its subdivisions, including
278	full information as to the legal authority for the conduct of
279	such program or programs and the expenditures being made, or
280	budgeted therefor, in connection with the eradication, control,
281	or prevention of introduction of the pest concerned.
282	4.  Proof that the expenditures being made or budgeted as
283	detailed in subparagraph 3. do not constitute a reduction of the
284	effort for the control or eradication of the pest concerned or,
285	if there is a reduction, the reasons why the level of program
286	detailed in subparagraph 3. constitutes a normal level of pest-
287	control activity.
288	5.  A declaration as to whether, to the best of the
289	requesting state's knowledge and belief, the conditions that
290	occasion the invoking of the compact in the particular instance
291	can be abated by a program undertaken with the aid of moneys
292	from the Insurance Fund within 1 year or less, or whether the
293	request is for an installment in a program that is likely to
294	continue for a longer period of time.
295	6.  Such other information as the Governing Board may
296	require consistent with the provisions of this compact.
297	(d)  The Governing Board or Executive Committee shall give
298	due notice of any meeting at which an application for assistance
299	from the Insurance Fund is to be considered. Such notice shall
300	be given to the compact administrator of each party state and to
301	such other officers and agencies as may be designated by the
302	laws of the party states. The requesting state and any other
303	party state is entitled to be represented and present evidence
304	and argument at such meeting.
305	(e)  Upon the submission of the information required by
306	paragraph (c) and such other information as the requesting state
307	may have or acquire, and upon determining that an expenditure of
308	funds is within the purposes of this compact and justified
309	thereby, the Governing Board or Executive Committee shall
310	authorize support of the program. The Governing Board or
311	Executive Committee may meet at any time or place for the
312	purpose of receiving and considering an application. Any and all
313	determinations of the Governing Board or Executive Committee,
314	with respect to an application, together with the reasons
315	therefor shall be recorded and subscribed in such manner as to
316	show and preserve the votes of the individual members thereof.
317	(f)  A requesting state that is dissatisfied with a
318	determination of the Executive Committee shall, upon notice in
319	writing given within 20 days after the determination with which
320	it is dissatisfied, be entitled to receive a review thereof at
321	the next meeting of the Governing Board. Determinations of the
322	Executive Committee shall be reviewable only by the Governing
323	Board at one of its regular meetings or at a special meeting
324	held in such manner as the Governing Board may authorize.
325	(g)  Responding states required to undertake or increase
326	measures pursuant to this compact may receive moneys from the
327	Insurance Fund either at the time or times when such state
328	incurs expenditures on account of such measures or as
329	reimbursement for expenses incurred and chargeable to the
330	Insurance Fund. The Governing Board shall adopt, and from time
331	to time may amend or revise, procedures for submission of claims
332	upon it and for payment thereof.
333	(h)  Before authorizing the expenditure of moneys from the
334	Insurance Fund pursuant to an application of a requesting state,
335	the Insurance Fund shall ascertain the extent and nature of any
336	timely assistance or participation that may be available from
337	the Federal Government and shall request the appropriate agency
338	or agencies of the Federal Government for such assistance and
339	participation.
340	(i)  The Insurance Fund may negotiate and execute a
341	memorandum of understanding or other appropriate instrument
342	defining the extent and degree of assistance or participation
343	between and among the Insurance Fund, cooperating federal
344	agencies, states, and any other entities concerned.
345	(8)  ADVISORY AND TECHNICAL COMMITTEES.--The Governing
346	Board may establish advisory and technical committees composed
347	of state, local, and federal officials and private persons to
348	advise it with respect to any one or more of its functions. Any
349	such advisory or technical committee, or any member or members
350	thereof, may meet with and participate in its deliberations upon
351	request of the Governing Board or Executive Committee. An
352	advisory or technical committee may furnish information and
353	recommendations with respect to any application for assistance
354	from the Insurance Fund being considered by the board or
355	committee and the board or committee may receive and consider
356	the same; except that any participant in a meeting of the
357	Governing Board or Executive Committee held pursuant to
358	paragraph (7)(d) is entitled to know the substance of any such
359	information and recommendations at the time of the meeting if
360	made prior thereto or as a part thereof or, if made thereafter,
361	no later than the time at which the Governing Board or Executive
362	Committee makes its disposition of the application.
363	(9)  RELATIONS AND NONPARTY JURISDICTIONS.--
364	(a)  A party state may make application for assistance from
365	the Insurance Fund with respect to a pest in a nonparty state.
366	Such application shall be considered and disposed of by the
367	Governing Board or Executive Committee in the same manner as an
368	application with respect to a pest within a party state, except
369	as provided in this subsection.
370	(b)  At or in connection with any meeting of the Governing
371	Board or Executive Committee held pursuant to paragraph (7)(d),
372	a nonparty state is entitled to appear, participate, and receive
373	information only to such extent as the Governing Board or
374	Executive Committee may provide. A nonparty state is not
375	entitled to review of any determination made by the Executive
376	Committee.
377	(c)  The Governing Board or Executive Committee shall
378	authorize expenditures from the Insurance Fund to be made in a
379	nonparty state only after determining that the conditions in
380	such state and the value of such expenditures to the party
381	states as a whole justify them. The Governing Board or Executive
382	Committee may set any conditions that it deems appropriate with
383	respect to the expenditure of moneys from the Insurance Fund in
384	a nonparty state and may enter into such agreement or agreements
385	with nonparty states and other jurisdictions or entities as it
386	may deem necessary or appropriate to protect the interests of
387	the Insurance Fund with respect to expenditures and activities
388	outside of party states.
389	(10)  FINANCE.--
390	(a)  The Insurance Fund shall submit to the executive head
391	or designated officer or officers of each party state a budget
392	for the Insurance Fund for such period as may be required by the
393	laws of that party state for a presentation to the Legislature
394	thereof.
395	(b)  Each of the budgets shall contain specific
396	recommendations of the amount or amounts to be appropriated by
397	each of the party states. The request for appropriations shall
398	be apportioned among the party states as follows: one-tenth of
399	the total budget in equal shares and the remainder in proportion
400	to the value of agricultural and forest crops and products,
401	excluding animals and animal products, produced in each party
402	state. In determining the value of such crops and products, the
403	Insurance Fund may employ such source or sources of information
404	as in its judgment present the most equitable and accurate
405	comparisons among the party states. Each of the budgets and
406	requests for appropriations shall indicate the source or sources
407	used in obtaining information concerning the value of products.
408	(c)  The financial assets of the Insurance Fund shall be
409	maintained in two accounts to be designated respectively as the
410	"Operating Account" and the "Claims Account." The Operating
411	Account shall consist only of those assets necessary for the
412	administration of the Insurance Fund during the next ensuing 2-
413	year period. The Claims Account shall contain all moneys not
414	included in the Operating Account and may not exceed the amount
415	reasonably estimated to be sufficient to pay all legitimate
416	claims against the Insurance Fund for a period of 3 years. At
417	any time when the Claims Account has reached its maximum limit
418	or would reach its maximum limit by the addition of moneys
419	requested for appropriation by the party states, the Governing
420	Board shall reduce its budget requests on a pro rata basis in
421	such manner as to keep the Claims Account within such maximum
422	limit. Any moneys in the Claims Account by virtue of conditional
423	donations, grants, or gifts shall be included in calculations
424	made pursuant to this paragraph only to the extent that such
425	moneys are available to meet demands arising out of the claims.
426	(d)  The Insurance Fund shall not pledge the credit of any
427	party state. The Insurance Fund may meet any of its obligations
428	in whole or in part with moneys available to it under paragraph
429	(5)(g), provided that the Governing Board takes specific action
430	setting aside such moneys prior to incurring any obligation to
431	be met in whole or in part in such manner. Except where the
432	Insurance Fund makes use of moneys available to it under
433	paragraph (5)(g), the Insurance Fund shall not incur any
434	obligation prior to the allotment of moneys by the party states
435	adequate to meet the same.
436	(e)  The Insurance Fund shall keep accurate accounts of all
437	receipts and disbursements. The receipts and disbursements of
438	the Insurance Fund shall be subject to the audit and accounting
439	procedures established under its bylaws. However, all receipts
440	and disbursements of funds handled by the Insurance Fund shall
441	be audited yearly by a certified or licensed public accountant
442	and a report of the audit shall be included in and become part
443	of the annual report of the Insurance Fund.
444	(f)  The accounts of the Insurance Fund shall be open at
445	any reasonable time for inspection by duly authorized officers
446	of the party states and by any persons authorized by the
447	Insurance Fund.
448	(11)  ENTRY INTO FORCE AND WITHDRAWAL.--
449	(a)  This compact shall enter into force when enacted into
450	law by any five or more states. Thereafter, this compact shall
451	become effective as to any other state upon its enactment
452	thereof.
453	(b)  Any party state may withdraw from this compact by
454	enacting a statute repealing the same, but no such withdrawal
455	shall take effect until 2 years after the executive head of the
456	withdrawing state has given notice in writing of the withdrawal
457	to the executive heads of all other party states. No withdrawal
458	shall affect any liability already incurred by or chargeable to
459	a party state prior to the time of such withdrawal.
460	(12)  CONSTRUCTION AND SEVERABILITY.--This compact shall be
461	liberally construed so as to effectuate the purposes thereof.
462	The provisions of this compact are severable and if any phrase,
463	clause, sentence, or provision of this compact is declared to be
464	contrary to the constitution of any state or of the United
465	States or the applicability thereof to any government, agency,
466	person, or circumstance is held invalid, the validity of the
467	remainder of this compact and the applicability thereof to any
468	government, agency, person, or circumstance shall not be
469	affected thereby. If this compact is held contrary to the
470	constitution of any state participating herein, the compact
471	shall remain in full force and effect as to the remaining party
472	states and in full force and effect as to the state affected as
473	to all severable matters.
474	Section 2.  This act shall take effect upon becoming a law.

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