Citations Affected: Noncode.
Synopsis: Agricultural marketing and production contracts. Establishes
an interim study committee to study agricultural marketing contracts
and production contracts. Directs the committee to report to the
governor and the legislative council by August 31, 2002.
Effective: Upon passage.
January 17, 2001, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
February 27, 2001, amended, reported _ Do Pass.
March 5, 2001, read second time, amended, ordered engrossed.
March 6, 2001, engrossed. Read third time, passed. Yeas 93, nays 3.
A BILL FOR AN ACT concerning agriculture and animals.
SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "agricultural commodity" means livestock or grain produced primarily for sale, consumption, propagation, or other use by man or animals.
(b) As used in this SECTION, "committee" refers to the interim study committee established by this SECTION.
(c) As used in this chapter, "marketing contract" means a contract between a producer and a processor, except the department of correction, regarding the purchase by the processor of the producer's agricultural commodity.
(d) As used in this chapter, "production contract" means a contract between:
(1) a producer and a processor, except the department of correction, regarding the producer's production of the processor's agricultural commodity; or
(2) two (2) producers regarding the production by one (1) producer of the other producer's agricultural commodity.
(e) There is established the agricultural marketing and production
(f) The committee consists of:
(1) two (2) members appointed by the speaker of the house of representatives who are not members of the same political party;
(2) two (2) members appointed by the president pro tempore of the senate who are not members of the same political party;
(3) the following members, to be appointed by the governor before September 1, 2001:
(A) Three (3) members representing producers of agricultural commodities in the state.
(B) Three (3) members representing processors of agricultural commodities in the state.
(g) The governor shall appoint one (1) of the members as the chairperson of the committee.
(h) The legislative services agency shall staff the committee.
(i) The Indiana department of administration shall provide facilities to carry out the responsibilities of the committee.
(j) Except as provided in subsection (m), the expenses of the committee shall be paid from the appropriations made to the commissioner of agriculture.
(k) Each member of the committee who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties, as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(l) Each member of the committee who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(m) Each member of the committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
(n) The affirmative votes of a majority of the members appointed to the committee are required for the committee to take action on any measure, including final reports.
(o) The committee shall complete a study of marketing contracts and production contracts, including:
(1) the need for written contracts;
(2) the information to be disclosed by each party;
(3) appropriate provisions for:
(A) alternative dispute resolution;
(B) applicable law; and
(C) venue for actions concerning contracts; and
(4) appropriate terms of payment.
(p) The committee shall make its report not later than August 31, 2002, to:
(1) the governor; and
(2) the legislative council.
(q) The report from the committee must include:
(1) the results of the study; and
(2) legislative recommendations.
(r) This SECTION expires December 31, 2002.