The general assembly hereby approves
and the governor is authorized to enter into a compact on behalf of this state with
any other state or states 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 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.
(a) Organization and Management
(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 upon a finding by the court that
there is reasonable cause to believe the person to whom the subpoena is to be
directed had information relevant and material to the subject matter of an inquiry
being conducted by the commission. 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-chairman 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 paragraph
(c), 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, except the buying, selling, trading,
or receiving of any agricultural grains, 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) Funding for the commission. No general fund appropriations will be used
to pay the expenses of 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.