2-3101. Interstate Compact on Agricultural Grain Marketing.
2-3101
2-3101. Interstate Compact on Agricultural Grain Marketing.
The "Interstate Compact on Agricultural Grain Marketing" is hereby enacted
into law and entered into with all jurisdictions legally joining therein,
in the form substantially as follows:
Interstate Compact on Agricultural
Grain Marketing
Article I. -- Purpose
It is the purpose of this compact to protect, preserve and enhance:
(a) The economic and general welfare of citizens of the joining states
engaged in the production and sale of agricultural grains;
(b) the economies and very existence of local communities in such states,
the economies of which are dependent upon the production and sale of
agricultural
grains; and
(c) the continued production of agricultural grains in such states in
quantities necessary to feed the increasing population of the United States
and the world.
Article II. -- Definitions
As used in this compact:
(a) "State" means any state of the United States in which agricultural
grains are produced for the markets of the nation and world.
(b) "Agricultural grains" means wheat, durum, spelt, triticale, oats, rye,
corn,
barley, buckwheat, flaxseed, safflower, sunflower seed, soybeans, sorghum
grains, peas and beans.
Article III. -- Commission
(1) Membership. There is hereby created an agency of the member states
to be known as the Interstate Agricultural Grain Marketing Commission,
hereinafter
called the commission. The commission shall consist of three residents
of each member state who shall have an agricultural background and who shall
be appointed as follows: (1) One member appointed by the governor, who
shall serve at the pleasure of the governor; (2) one senator appointed in
the manner prescribed by the senate of such state, except that two senators
may be appointed from the unicameral legislature of the state of Nebraska;
and (3) one member of the house of representatives appointed in the manner
prescribed by the house of representatives of such state. The member first
appointed by the governor shall serve for a term of one year and the senator
and representative first appointed shall each serve for a term of two years;
thereafter all members appointed shall serve for two-year terms. The attorneys
general of member states or assistants designated thereby shall be nonvoting
members of the commission.
(2) Voting; binding action. Each member shall be entitled to one
vote. A member must be present to vote and no voting by proxy shall be
permitted. The commission shall not act unless a majority of the voting
members are present, and no action shall be binding unless approved by a
majority of the total number of voting members present.
(3) Body corporate; seal. The commission shall be a body corporate
of each member state and shall adopt an official seal to be used as it may provide.
(4) Meetings. The commission shall hold an annual meeting and such
other regular meetings as its bylaws may provide and such special meetings
as its executive committee may determine. The commission bylaws shall specify
the dates of the annual and any other regular meetings, and shall provide
for the giving of notice of annual, regular and special meetings. Notices
of special meetings shall include the reasons therefor and an agenda of
the items to be considered.
(5) Officers. The commission shall elect annually, from among its
voting members, a chairperson, a vice-chairperson and a treasurer. The
commission shall appoint an executive director who shall serve at its pleasure,
and shall fix the duties and compensation of such director. The executive
director shall be secretary of the commission. The commission shall make
provision for the bonding of such of its officers and employees as it may
deem appropriate.
(6) Personnel. Irrespective of the civil service, personnel or other
merit system laws of any member state, the executive director shall appoint
or discharge such personnel as may be necessary for the performance of the
functions of the commission and shall fix, with the approval of the commission,
their duties and compensation. The commission bylaws shall provide for
personnel policies and programs. The commission may establish and maintain,
independently of or in conjunction with any one or more of the member states,
a suitable retirement system for its full-time employees. Employees of
the commission shall be eligible for social security coverage in respect
of old age and survivors insurance provided that the commission takes such
steps as may be necessary pursuant to federal law to participate in such
program of insurance as a governmental agency or unit. The commission may
establish and maintain or participate in such additional programs of employee
benefits as may be appropriate. The commission may borrow, accept or contract
for the services of personnel from any state, the United States, or any
other governmental entity.
(7) Donations and grants. The commission may accept for any of its
purposes and functions any and all donations and grants of money, equipment,
supplies, materials and services, conditional or otherwise, from any governmental
entity, and may utilize and dispose of the same.
(8) Offices. The commission may establish one or more offices for
the transacting of its business.
(9) Bylaws. The commission shall adopt bylaws for the conduct of
its business. The commission shall publish its bylaws in convenient form,
and shall file a copy of the bylaws and any amendments thereto with the
appropriate agency or officer in each of the member states.
(10) Reports to member states. The commission annually shall make
to the governor and legislature of each member state a report covering its
activities for the preceding year. Any donation or grant accepted by the
commission or services borrowed shall be reported in the annual report of
the commission, and 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. The commission may make additional reports as it
may deem desirable.
(b) Committees
(1) The commission may establish such committees from its membership as
its bylaws may provide for the carrying out of its functions.
Article IV. -- Powers and Duties of Commission
(a) The commission shall conduct comprehensive and
continuing studies and investigations of agricultural grain marketing
practices,
procedures and controls and their relationship to and effect upon the citizens
and economies of the member states.
(b) The commission shall make recommendations for the correction of
weaknesses
and solutions to problems in the present system of agricultural grain marketing
or the development of alternatives thereto, including the development,
drafting,
and recommendation of proposed state or federal legislation.
(c) The commission may apply by a majority vote of all of the members
of such commission to any state or federal court having power to issue
compulsory
process for an order to require by subpoena the attendance of any person
or by subpoena duces tecum the production of any records in addition
to orders in aid of its powers and responsibilities, pursuant to this compact,
and any and all such courts shall have jurisdiction to issue such orders.
All testimony required by subpoena shall be under oath. Failure of any
person to obey any such order shall be punishable as contempt of the issuing
court. If the party or subject matter on account of which the commission
seeks an order is within the jurisdiction of the court to which application
is made, such application may be to a court in a state in which the commission
maintains an office or a court in the state in which the person or object
of the order being sought is situated. The chairperson or vice-chairperson
of the commission (or any member thereof so authorized by such commission)
may administer oaths or affirmations for the purpose of receiving testimony.
Whenever testimony is given by any person subpoenaed under the provisions
of this subsection, a verbatim record shall be made thereof by a certified
shorthand reporter and the transcript of such record shall be filed with the commission.
(d) The commission is hereby authorized to do all things necessary and
incidental to the administration of its functions under this compact.
Article V. -- Finance
(a) Budget. The commission shall submit to the governor of each member
state a budget of its estimated expenditures for such period as may be required
by the laws of that state for presentation to the legislature thereof.
(b) Appropriations by member states. The moneys necessary to finance
the general operations of the commission not otherwise provided for in carrying
forth its duties, responsibilities and powers as stated herein shall be
appropriated to the commission by the member states, when authorized by
the respective legislatures. Appropriations by member states for the financing
of the operations of the commission in the initial biennium of the compact
shall be in the amount of fifty thousand dollars ($50,000) for each member
state; thereafter the total amount of appropriations requested shall be
apportioned among the member states in the manner determined by the commission.
(c) Incurring obligations and pledge of credit. The commission shall
not incur any obligations of any kind prior to the making of appropriations
adequate to meet the same; nor shall the commission pledge the credit of
any of the member states, except by and with the authority of the member state.
(d) Accounts; audits. The commission shall keep accurate accounts
of all receipts and disbursements. The receipts and disbursements of the
commission shall be subject to the audit and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds handled
by the commission shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become part
of the annual report of the commission.
(e) Accounts; examination. The accounts of the commission shall be
open for inspection at any reasonable time.
Article VI. -- Eligible Parties, Entry
Into Force, Withdrawal and Termination
(a) Eligible parties. Any agricultural grain marketing state may
become a member of this compact.
(b) Entry into force. This compact shall become effective initially
when enacted into law by any five states prior to July 1, 1981,
and in additional states upon their enactment of the same into law.
(c) Withdrawal. Any member state may withdraw from this compact by
enacting a statute repealing the compact, but such withdrawal shall not
become effective until one year after the enactment of such statute and
the notification of the commission thereof by the governor of the withdrawing
state. A withdrawing state shall be liable for any obligations which it
incurred on account of its membership up to the effective date of withdrawal,
and if the withdrawing state has specifically undertaken or committed itself
to any performance of an obligation extending beyond the effective date
of withdrawal, it shall remain liable to the extent of such obligation.
(d) Termination. This compact shall terminate one year after the
notification of withdrawal by the governor of any member state which reduces
the total membership in the compact to less than five states.
History: L. 1979, ch. 1, § 1; April 25.