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 enactedinto law and entered into with all jurisdictions legally joining therein,in the form substantially as follows:
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 statesengaged 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 ofagriculturalgrains; and
(c) the continued production of agricultural grains in such states inquantities necessary to feed the increasing population of the United Statesand the world.
As used in this compact:
(a) "State" means any state of the United States in which agriculturalgrains 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, sorghumgrains, peas and beans.
(1) Membership. There is hereby created an agency of the member statesto be known as the Interstate Agricultural Grain Marketing Commission,hereinaftercalled the commission. The commission shall consist of three residentsof each member state who shall have an agricultural background and who shallbe appointed as follows: (1) One member appointed by the governor, whoshall serve at the pleasure of the governor; (2) one senator appointed inthe manner prescribed by the senate of such state, except that two senatorsmay be appointed from the unicameral legislature of the state of Nebraska;and (3) one member of the house of representatives appointed in the mannerprescribed by the house of representatives of such state. The member firstappointed by the governor shall serve for a term of one year and the senatorand representative first appointed shall each serve for a term of two years;thereafter all members appointed shall serve for two-year terms. The attorneysgeneral of member states or assistants designated thereby shall be nonvotingmembers of the commission.
(2) Voting; binding action. Each member shall be entitled to onevote. A member must be present to vote and no voting by proxy shall bepermitted. The commission shall not act unless a majority of the votingmembers are present, and no action shall be binding unless approved by amajority of the total number of voting members present.
(3) Body corporate; seal. The commission shall be a body corporateof 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 suchother regular meetings as its bylaws may provide and such special meetingsas its executive committee may determine. The commission bylaws shall specifythe dates of the annual and any other regular meetings, and shall providefor the giving of notice of annual, regular and special meetings. Noticesof special meetings shall include the reasons therefor and an agenda ofthe items to be considered.
(5) Officers. The commission shall elect annually, from among itsvoting members, a chairperson, a vice-chairperson and a treasurer. Thecommission shall appoint an executive director who shall serve at its pleasure,and shall fix the duties and compensation of such director. The executivedirector shall be secretary of the commission. The commission shall makeprovision for the bonding of such of its officers and employees as it maydeem appropriate.
(6) Personnel. Irrespective of the civil service, personnel or othermerit system laws of any member state, the executive director shall appointor discharge such personnel as may be necessary for the performance of thefunctions of the commission and shall fix, with the approval of the commission,their duties and compensation. The commission bylaws shall provide forpersonnel 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 ofthe commission shall be eligible for social security coverage in respectof old age and survivors insurance provided that the commission takes suchsteps as may be necessary pursuant to federal law to participate in suchprogram of insurance as a governmental agency or unit. The commission mayestablish and maintain or participate in such additional programs of employeebenefits as may be appropriate. The commission may borrow, accept or contractfor the services of personnel from any state, the United States, or anyother governmental entity.
(7) Donations and grants. The commission may accept for any of itspurposes and functions any and all donations and grants of money, equipment,supplies, materials and services, conditional or otherwise, from any governmentalentity, and may utilize and dispose of the same.
(8) Offices. The commission may establish one or more offices forthe transacting of its business.
(9) Bylaws. The commission shall adopt bylaws for the conduct ofits business. The commission shall publish its bylaws in convenient form,and shall file a copy of the bylaws and any amendments thereto with theappropriate agency or officer in each of the member states.
(10) Reports to member states. The commission annually shall maketo the governor and legislature of each member state a report covering itsactivities for the preceding year. Any donation or grant accepted by thecommission or services borrowed shall be reported in the annual report ofthe commission, and shall include the nature, amount and conditions, ifany, of the donation, gift, grant or services borrowed and the identityof the donor or lender. The commission may make additional reports as itmay deem desirable.
(1) The commission may establish such committees from its membership asits bylaws may provide for the carrying out of its functions.
(a) The commission shall conduct comprehensive andcontinuing studies and investigations of agricultural grain marketingpractices,procedures and controls and their relationship to and effect upon the citizensand economies of the member states.
(b) The commission shall make recommendations for the correction ofweaknessesand solutions to problems in the present system of agricultural grain marketingor 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 membersof such commission to any state or federal court having power to issuecompulsoryprocess for an order to require by subpoena the attendance of any personor by subpoena duces tecum the production of any records in additionto 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 anyperson to obey any such order shall be punishable as contempt of the issuingcourt. If the party or subject matter on account of which the commissionseeks an order is within the jurisdiction of the court to which applicationis made, such application may be to a court in a state in which the commissionmaintains an office or a court in the state in which the person or objectof the order being sought is situated. The chairperson or vice-chairpersonof 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 provisionsof this subsection, a verbatim record shall be made thereof by a certifiedshorthand reporter and the transcript of such record shall be filed with the commission.
(d) The commission is hereby authorized to do all things necessary andincidental to the administration of its functions under this compact.
(a) Budget. The commission shall submit to the governor of each memberstate a budget of its estimated expenditures for such period as may be requiredby the laws of that state for presentation to the legislature thereof.
(b) Appropriations by member states. The moneys necessary to financethe general operations of the commission not otherwise provided for in carryingforth its duties, responsibilities and powers as stated herein shall beappropriated to the commission by the member states, when authorized bythe respective legislatures. Appropriations by member states for the financingof the operations of the commission in the initial biennium of the compactshall be in the amount of fifty thousand dollars ($50,000) for each memberstate; thereafter the total amount of appropriations requested shall beapportioned among the member states in the manner determined by the commission.
(c) Incurring obligations and pledge of credit. The commission shallnot incur any obligations of any kind prior to the making of appropriationsadequate to meet the same; nor shall the commission pledge the credit ofany of the member states, except by and with the authority of the member state.
(d) Accounts; audits. The commission shall keep accurate accountsof all receipts and disbursements. The receipts and disbursements of thecommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handledby the commission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become partof the annual report of the commission.
(e) Accounts; examination. The accounts of the commission shall beopen for inspection at any reasonable time.
(a) Eligible parties. Any agricultural grain marketing state maybecome a member of this compact.
(b) Entry into force. This compact shall become effective initiallywhen 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 byenacting a statute repealing the compact, but such withdrawal shall notbecome effective until one year after the enactment of such statute andthe notification of the commission thereof by the governor of the withdrawingstate. A withdrawing state shall be liable for any obligations which itincurred on account of its membership up to the effective date of withdrawal,and if the withdrawing state has specifically undertaken or committed itselfto any performance of an obligation extending beyond the effective dateof withdrawal, it shall remain liable to the extent of such obligation.
(d) Termination. This compact shall terminate one year after thenotification of withdrawal by the governor of any member state which reducesthe total membership in the compact to less than five states.
History: L. 1979, ch. 1, § 1; April 25.