History: L. 1937, ch. 2, §§ 1, 2; L. 1957, ch. 6, §§ 2, 3; Repealed, L. 1965, ch. 6, § 18; June 30.
History: L. 1937, ch. 2, § 3; Repealed, L. 1963, ch. 8, § 1; June 30.
History: L. 1937, ch. 2, §§ 4 to 9; Repealed, L. 1965, ch. 6, § 18; June 30.
History: L. 1937, ch. 2, § 10; L. 1957, ch. 6, § 4; Repealed, L. 1965, ch. 6, § 18; June 30.
History: L. 1937, ch. 2, § 11; Repealed, L. 1965, ch. 6, § 18; June 30.
History: L. 1965, ch. 6, § 1; L. 2002, ch. 91, § 1; July 1.
(a) "Plant pests" include any stage of development of any insect, nematode, arachnid, or any other invertebrate animal, or any bacteria, fungus, virus, weed or any other parasitic plant or microorganism, which can injure plants or plant products.
(b) "Secretary" means the secretary of the Kansas department of agriculture, or the authorized representative of the secretary.
(c) "Plants and plant products" means trees, shrubs, grasses, vines, forage and cereal plants and all other plants; cuttings, grafts, scions, buds and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber, grains and all other plant products.
(d) "Location" means any grounds or premises on or in which live plants are propagated, or grown, or from which live plants are removed for sale, or any grounds or premises on or in which live plants are being fumigated, treated, packed, stored, or offered for sale.
(e) "Live plant dealer" means any person, unless excluded by rules and regulations of the secretary, who:
(1) Grows live plants for sale or distribution;
(2) buys or obtains live plants for the purpose of reselling or reshipping within this state;
(3) plants, transplants or moves live plants from place to place within the state with the intent to plant such live plants for others and receives compensation for the live plants, for the planting of such live plants or for both live plants and plantings; or
(4) gives live plants as a premium or for advertising purposes.
(f) "Person" means a corporation, company, society, association, partnership, governmental agency and any individual or combination of individuals.
(g) "Permit" means a document issued or authorized by the secretary to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing.
(h) "Host" means any plant or plant product upon which a plant pest is dependent for completion of any portion of its life cycle.
(i) "Regulated article" means any host or any article of any character as described in a quarantine or regulation carrying or being capable of carrying the plant pest against which the quarantine or regulation is directed.
(j) "Live plant" means any living plant, cultivated or wild, or any part thereof that can be planted or propagated unless specifically exempted by the rules or regulations of the secretary.
(k) "Quarantine pest" means a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled.
(l) "Regulated nonquarantine pest" means a nonquarantine pest whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact and which is therefore regulated.
(m) "Official control" means the active enforcement of mandatory phystosanitary regulations and the application of mandatory phystosanitary procedures with the objective of eradication or containment of quarantine pests or for the management of regulated nonquarantine pest.
(n) "Regulated area" means an area into which, within which and/or from which plants, plant products and other regulated articles are subjected to phystosanitary regulations or procedures in order to prevent the introduction and/or spread, or both, of quarantine pests or to limit the economic impact of regulated nonquarantine pests.
(o) "Bee" means a honey-producing insect of the genus Apis including all life stages of the insect.
(p) "Beekeeping equipment" means all hives, supers, frames or other devices used in the rearing or manipulation of bees or their brood.
(q) "Bee pest" means any infectious, contagious or communicable disease or harmful parasite or insects affecting honey bees or their brood.
History: L. 1965, ch. 6, § 2; L. 1988, ch. 5, § 1; L. 2002, ch. 91, § 2; July 1.
History: L. 1965, ch. 6, § 3; L. 1996, ch. 66, § 1; L. 2002, ch. 91, § 3; July 1.
History: L. 1965, ch. 6, § 4; L. 2002, ch. 91, § 4; July 1.
History: L. 1965, ch. 6, § 5; L. 2002, ch. 91, § 5; July 1.
History: L. 1965, ch. 6, § 6; L. 2002, ch. 91, § 6; July 1.
History: L. 1965, ch. 6, § 7; L. 1972, ch. 6, § 1; L. 1976, ch. 8, § 1; L. 1982, ch. 4, § 5; L. 1996, ch. 94, § 1; L. 2002, ch. 91, § 7; L. 2006, ch. 78, § 1; July 1.
History: L. 1965, ch. 6, § 8; Repealed, L. 2002, ch. 91, § 17; July 1.
History: L. 1965, ch. 6, § 9; L. 1972, ch. 6, § 2; L. 1982, ch. 4, § 6; L. 2002, ch. 91, § 8; July 1.
History: L. 1965, ch. 6, § 10; L. 1976, ch. 8, § 2; Repealed, L. 2002, ch. 91, § 17; July 1.
History: L. 1965, ch. 6, § 11; L. 1988, ch. 356, § 30; L. 2002, ch. 91, § 9; July 1.
History: L. 1965, ch. 6, § 12; L. 2002, ch. 91, § 10; July 1.
(a) To sell, barter, offer for sale, or move, transport, deliver, ship or offer for shipment into or within this state any plant pests in any living stage without first obtaining approval for such shipment from the secretary;
(b) to hinder or prevent the secretary from carrying out his or her duties under this act;
(c) to fail to carry out the treatment or destruction of any plant pest or regulated article in accordance with official notification from the secretary;
(d) to sell, transport, deliver, distribute, offer or expose for sale live plants which are not in compliance with the provisions of this act;
(e) to use an invalid or revoked certificate of inspection, or live plant dealer license, in the sale or distribution of live plants;
(f) to fail to comply with any of the provisions of this act, or the rules and regulations promulgated hereunder; and
(g) to knowingly move any regulated article into this state from a quarantined area of any other state when such article has not been treated or handled as provided by the requirements of said quarantine at the point of origin of such article.
History: L. 1965, ch. 6, § 13; L. 1976, ch. 8, § 3; L. 2002, ch. 91, § 11; July 1.
(b) The secretary may assess a civil penalty against any person who violates or fails to comply with the requirements of this act of not less than $100 nor more than $1,000 per offense. In the case of a continuing offense, each day the violation continues may be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law. Such assessment shall be made in accordance with the Kansas administrative procedure act.
History: L. 1965, ch. 6, § 14; L. 2002, ch. 91, § 12; July 1.
History: L. 1965, ch. 6, § 15; L. 2001, ch. 175, § 2; L. 2002, ch. 91, § 13; July 1.
History: L. 1965, ch. 6, § 16; June 30.
History: L. 1965, ch. 6, § 17; L. 1973, ch. 2, § 2; L. 2001, ch. 5, § 14; L. 2002, ch. 91, § 14; July 1.
(b) The secretary is authorized and empowered to make expenditures from the plant pest emergency response fund and that in the discretion of the secretary mitigate pests that have been identified by the secretary as high risk pests having the potential to damage agriculture, horticulture or the environment. Such expenditures may include the costs of enforcement to protect against high risk pests identified by the secretary. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a designee of the secretary.
(c) The plant pest emergency response fund shall be a fund separate and distinct from the entomology fee fund referred to in K.S.A. 2-2128, and amendments thereto.
(d) The provisions of this section shall be part of and supplemental to this act.
History: L. 2001, ch. 175, § 1; L. 2002, ch. 91, § 15; July 1.
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 137 billion dollars from the depredations of pests is virtually certain to continue, if not to increase.
(b) Because of the 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 to 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 programs
of benefit to them in other states and to which they may contribute in
accordance with their relative interest, the most equitable means of financing
cooperative pest eradication and control programs.
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.
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 this 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.
(a) The insurance fund shall be administered by a governing board and executive committee as hereinafter provided. The actions of the governing board and the 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 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 is 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.
(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 therefore 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 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.
(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 no 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 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 therefore, 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 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 therefore 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.
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.
(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.
(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 during 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 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.
(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.
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.
History: L. 2005, ch. 8, § 1; July 1.
History: L. 2005, ch. 8, § 2; July 1.
History: L. 2005, ch. 8, § 3; July 1.
History: L. 2005, ch. 8, § 4; July 1.
History: L. 2005, ch. 8, § 5; July 1.
History: L. 2005, ch. 8, § 6; July 1.
History: L. 2005, ch. 8, § 7; July 1.