Reprinted
March 6, 2001
HOUSE BILL No. 1973
_____
DIGEST OF HB 1973
(Updated March 5, 2001 4:55 PM - DI 77)
Citations Affected: IC 15-4; noncode.
Synopsis: Corn marketing council. Amends the definition of "market
development". Changes the composition of the council member
districts. Provides that the dean of the Purdue University school of
agriculture, two representatives of first purchaser organizations, and
two members of the general assembly are members of the council.
Requires a producer who seeks to be placed on the ballot to have a
petition signed by 10 other producers. Provides that the council may
not spend more than 10% of the money it receives in administrative
costs. Makes a voluntary rate of assessment of one half cent per bushel
for corn. Makes the rate of assessment one dollar to fifty cents per unit
for seed corn based on the qualified seed retailer's sales the previous
year. Allows a producer who wants to be excluded from an assessment.
Allows a qualified seed retailer to retain a 3% handling fee on
assessments. Repeals a provisions that: (1) concerning refunds of
assessments; and (2) allows a referendum to establish or terminate the
Indiana corn marketing council. Establishes procedures for the initial
election of council members. Staggers the terms of the initial members.
Effective: May 15, 2001; July 1, 2001.
Friend
, Grubb
January 17, 2001, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
February 26, 2001, amended, reported _ Do Pass.
March 5, 2001, read second time, amended, ordered engrossed.
Reprinted
March 6, 2001
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1973
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 15-4-10-7; (01)HB1973.2.1. -->
SECTION 1. IC 15-4-10-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. As used in this
chapter, "market development" means:
(1) to engage in research and educational programs directed
toward increased utilization of corn;
(2) to provide methods and means, including but not limited to
public relations and other promotion techniques, for the
maintenance of present markets for corn;
(1) to provide for the development of new or larger domestic and
foreign markets for corn; and
(4) to work toward the prevention, modification, or elimination of
trade barriers that obstruct the free flow of corn;
(2) to promote the production and marketing of renewable
fuels and new technologies that use corn; and
(3) to access federal government monies available to the State
to further the market development activities described in
subsections (1) and (2) of this section.
SOURCE: IC 15-4-10-11.5; (01)HB1973.2.2. -->
SECTION 2. IC 15-4-10-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 11.5. As used in this chapter
"unit" means eighty thousand (80,000) kernels.
SOURCE: IC 15-4-10-12; (01)HB1973.2.3. -->
SECTION 3. IC 15-4-10-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) The Indiana
corn marketing council is established.
(b) The council shall be composed of fifteen (15) members. who
The elected members from districts listed under section 16(a) of
this chapter must be:
(1) citizens of registered as a voter in Indiana;
(2) at least eighteen (18) years of age; and
(3) producers.
(c) Each elected member of the council must reside in the district
identified in section 16 16(a) of this chapter from which the member
was elected.
(d) Each member of the council is entitled to reimbursement for
traveling expenses and other expenses actually incurred in connection
with the member's duties, as provided in the state travel policies and
procedures established by the department of administration and
approved by the state budget agency. However, council members are
not entitled to any salary or per diem.
SOURCE: IC 15-4-10-13; (01)HB1973.2.4. -->
SECTION 4. IC 15-4-10-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. (a) The term of
office of a an elected or appointed council member is three (3) years.
A member's term of office expires at the end of the final marketing year
in the term. However, a member continues in office until a successor
who meets the qualifications set forth in section 12(b) of this chapter
is elected.
(b) A An elected or appointed council member may not hold office
for more than two (2) three (3) consecutive full terms.
SOURCE: IC 15-4-10-14; (01)HB1973.2.5. -->
SECTION 5. IC 15-4-10-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) If
a an elected
member of the council ceases to meet one (1) or more of the
qualifications set forth in section 12(b) of this chapter, the member's
term of office terminates and the member's office becomes vacant.
(b) When
a an elected council member's office becomes vacant
before the expiration of the member's term of office, the council shall
fill the vacancy by appointing a replacement member who meets the
qualifications set forth in section 12(b) of this chapter. The appointee
shall serve for the remainder of the unexpired term.
(c) When an appointed council member's office representing
first purchaser organizations becomes vacant before the expiration
of the member's term of office, the director shall fill the vacancy by
appointing a replacement member who represents a first
purchaser organization. The appointee shall serve for the
remainder of the unexpired term.
(d) When an appointed council member's office representing the
General Assembly becomes vacant before the expiration of the
member's term of office, the commissioner of agriculture shall fill
the vacancy by appointing a replacement member who represents
the General Assembly and is a member of the same political party
as the appointed council member who vacated the office. The
appointee shall serve for the remainder of the unexpired term.
SOURCE: IC 15-4-10-15; (01)HB1973.2.6. -->
SECTION 6. IC 15-4-10-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15. When necessary the
council may appoint individuals who hold offices of importance to the
corn industry or have special expertise concerning that industry to
participate in the work of the council, but these individuals may not
participate in votes taken by the council.
SOURCE: IC 15-4-10-16; (01)HB1973.2.7. -->
SECTION 7. IC 15-4-10-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16.
(a) One (1) council
member shall be elected from each of the following districts:
DISTRICT 1. The counties of Lake, Newton, Jasper,
and Benton,
DISTRICT 2. The counties of Porter, LaPorte, Starke, White, and
Pulaski.
DISTRICT
3. 2. The counties of St. Joseph, Elkhart, Marshall,
Kosciusko,
and Fulton,
DISTRICT 4. The counties of Carroll, Cass, Miami, and Wabash.
DISTRICT
5. 3. The counties of LaGrange, Steuben, Noble,
Dekalb, Whitley, Allen, Huntington, Wells, and Adams.
DISTRICT
6. 4. The counties of Montgomery, Fountain, Warren,
and Tippecanoe,
DISTRICT 7. The counties of Vermillion, Parke, Putnam, Vigo,
Clay, and Owen.
DISTRICT
8. 5. The counties of Clinton, Boone, Tipton, Howard,
and Grant,
DISTRICT 9. The counties of Hamilton, Madison, Hendricks,
Marion, Hancock, Morgan,
and Johnson,
DISTRICT 10. The counties of Shelby, Rush, Bartholomew, and
Decatur.
DISTRICT
11. 6. The counties of Blackford, Jay, Delaware,
Henry, Randolph, Wayne, Fayette, and Union.
DISTRICT
12. 7. The counties of Sullivan, Greene, Knox,
Daviess, and Martin,
DISTRICT 13. The counties of Gibson, Pike, Dubois, Posey,
Vanderburgh, Warrick, and Spencer.
DISTRICT 14. 8. The counties of Monroe, Brown, Lawrence,
Jackson, Orange, Washington, Perry, Crawford, Harrison, and
Floyd.
DISTRICT 15. 9. The counties of Franklin, Jennings, Jefferson,
Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott.
DISTRICT 10. All counties in Indiana.
(b) The dean of the school of agriculture at Purdue University
or the dean's designee shall serve as an ex officio member of the
council.
(c) The director shall appoint two (2) representatives of first
purchaser organizations to serve as members of the council.
(d) The commissioner of agriculture shall appoint two (2)
members of the General Assembly to serve as members of the
council. These appointed members shall at all times be members of
different political parties. Notwithstanding any other law, the
members appointed under this section shall be entitled to receive
the per diem of members of the General Assembly for time spent
in attendance at the meetings of the council. Per diem of these
members shall be paid by the council upon approval of the
director.
SOURCE: IC 15-4-10-18; (01)HB1973.2.8. -->
SECTION 8. IC 15-4-10-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. (a) The ballot for
the election of a district council member must bear the name of each
producer who:
(1) meets the qualifications set forth in section 12(b) of this
chapter; and
(2) files with the director, before June 16 of the year of the
election, a petition in support of candidacy signed by seventy-five
(75) ten (10) other producers who reside in the district.
(b) The director shall provide petition forms upon request and shall
make forms available at cooperative extension service offices located
in the district. The director shall determine the position of names on the
ballot by drawing lots and shall provide the producers who have
qualified to have their names on the ballot with advance notice of the
time and place of the drawing.
(c) No names other than the names of the producers who have
qualified under this subsection may be printed on the ballot by the
director. A name may not be written in on the ballot by a producer.
SOURCE: IC 15-4-10-22; (01)HB1973.2.9. -->
SECTION 9. IC 15-4-10-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 22. (a) The council
shall do the following:
(1) Elect a chairman, vice chairman, secretary, treasurer, and
other officers the council considers necessary.
(2) Employ personnel and contract for services that are necessary
for the proper implementation of this chapter.
(3) Establish accounts in adequately protected financial
institutions to receive, hold, and disburse funds accumulated
under this chapter.
(4) Bond the treasurer and such other persons as necessary to
ensure adequate protection of funds received and administered by
the council.
(5) Authorize the expenditure of funds and the contracting of
expenditures to conduct proper activities under this chapter.
(6) Annually establish priorities and prepare and approve a budget
consistent with the estimated resources of the council and the
scope of this chapter.
(7) Provide for an independent audit and make the results of the
audit available to all interested persons.
(8) Annually publish, at the same time as the results of the audit,
an activities and financial report, present this report to the budget
agency and the budget committee, and make this report available
to all interested persons.
(9) Procure and evaluate data and information necessary for the
proper implementation of this chapter.
(10) Formulate and execute assessment procedures and methods
of collection.
(11) Establish procedures to refund to a producer any assessment
paid by the producer if the producer requests a refund.
(12) (11) Receive and investigate, or cause to be investigated,
complaints and violations of this chapter and take necessary
action within its authority.
(13) (12) Take any other action necessary for the proper
implementation of this chapter.
(b) Eight (8) affirmative votes are required for the council to
take action.
SOURCE: IC 15-4-10-24; (01)HB1973.2.10. -->
SECTION 10. IC 15-4-10-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24. (a) The council
shall pay all expenses incurred under this chapter with money from the
assessments remitted to the council under this chapter
by first
purchasers.
(b) The council may invest all money it receives under this chapter,
including assessments, gifts, and grants, in any way allowed by law for
public funds.
(c) The council may expend money from assessments and from
investment income not needed for expenses for the purpose of market
development.
(d) The council may not use money received, collected, or accrued
under this chapter for any purpose other than the implementation of
this chapter.
(e) The council may not expend more than ten percent (10%) of
the money it receives under this chapter for administrative
expenses.
SOURCE: IC 15-4-10-26; (01)HB1973.2.11. -->
SECTION 11. IC 15-4-10-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26. (a) Except as
provided in subsection
(b) (c) concerning seed corn, an assessment of
one-half cent ($0.005) one-half of one percent (0.5%) of the sale
price per bushel is
imposed permitted on all corn grown and sold in
Indiana. The assessment may be imposed and collected on a quantity
of corn only once,
and shall be collected by the first purchaser
unless the producer exercises the option under subsection (b) to be
excluded from the assessment. The rate of the assessment imposed by
this section may be increased only by the general assembly.
(b) In conjunction with the producer's first settlement with the
first purchaser following June 30, 2001, the first purchaser shall
make available to the producer the form granting the producer the
option to be excluded from the assessment and inform the producer
of the option to be excluded. If the producer desires to be excluded
from the assessment, the producer shall complete and sign a form,
in writing, indicating the producer's desire to be excluded from the
assessment permitted by subsection (a). The first purchaser shall
keep a record of each producer's desire to be excluded from the
assessment, as indicated on the completed form. A completed form
by a producer shall remain in effect until repealed in writing by the
producer and delivered to the first purchaser. The office of the
commissioner of agriculture shall prescribe the form to be used
under this subsection and distribute the form to the first purchaser
prior to July 1, 2001. The council shall reimburse the office of the
commissioner of agriculture for the costs of preparation and
distribution of the forms required by this subsection from the
funds the council receives under this chapter.
(b) (c) An assessment of
one-half cent ($0.005) per bag one dollar
($1.00) per unit is imposed on all seed corn sold in Indiana by a
qualified seed retailer who sold greater than fifty thousand (50,000)
units of seed corn in the previous calendar year. An assessment of
fifty (50) cents per unit is imposed on all seed corn sold in Indiana
by a qualified seed retailer who sold greater than ten thousand
(10,000) units, but less than fifty thousand one (50,001) units of
seed corn, in the previous calendar year. The assessment on a
quantity of seed corn shall be collected and remitted by the
qualified seed retailer. For the purposes of this chapter, a qualified
seed retailer of a quantity of seed corn is the owner of that seed
corn whose seed corn is sold at the first point of sale. is imposed on
all seed corn sold in Indiana. The assessment on a quantity of seed corn
shall be collected and remitted by the seed retailer. For the purposes of
this chapter, the retailer of a quantity of seed corn is the first purchaser
of that seed corn.
(c) The (d) If the producer does not indicate the desire to be
excluded from the assessment permitted under subsection (a) by
following the procedure described in subsection (b), the first
purchaser of a quantity of corn shall deduct the assessment on the corn
from the sum of money to be paid to the producer based on the sale of
the corn. A first purchaser shall accumulate assessments collected
under this subsection throughout each of the following periods:
(1) January, February, and March.
(2) April, May, and June.
(3) July, August, and September.
(4) October, November, and December.
(d) (e) At the end of each period, the first purchaser shall remit to
the council all assessments collected during the period. A first
purchaser who remits all assessments collected during a period within
fifteen (15) days after the end of the period is entitled to retain three
percent (3%) of the total of the assessments as a handling fee.
(f) The assessment collected under subsection (c) of this section
shall be remitted to the council twice yearly. Assessments collected
from January 1 through June 30 of each year shall be remitted to
the council by August 14 of that year. Assessments collected from
July 1 through December 31 shall be remitted to the council by
February 14 of the following year. A qualified seed retailer who
remit all assessments collected during a period within fifteen (15)
days after the end of the period is entitled to retain three percent
(3%) of the total assessments as a handling fee for assessments
remitted.
(g) The authority to collect assessments under subsections (a)
and (c) expires July 1, 2006.
SOURCE: IC 15-4-10-27; (01)HB1973.2.12. -->
SECTION 12. IC
15-4-10-27
IS AMENDED TO READ AS
FOLLOWS: Sec. 27. (a) A first purchaser and a qualified seed
retailer shall keep detailed records of all assessments collected and
remitted under this chapter.
(b) Upon request, a first purchaser and a qualified seed retailer
shall supply the council with any information from records kept under
subsection (a).
SOURCE: IC 15-4-10-30; (01)HB1973.2.13. -->
SECTION 13. IC
15-4-10-30
IS AMENDED TO READ AS
FOLLOWS: Sec. 30. (a) If a first purchaser or a qualified seed
retailer fails fail to remit the assessments collected during a period
defined in section 26(c) 26 of this chapter within forty-five (45) days
after the end of the period, the council shall contact the first purchaser
or the qualified seed retailer and allow the first purchaser or the
qualified seed retailer to present comments to the council concerning:
(1) the status and amount of the assessments due; and
(2) any reasons why the council should not bring legal action
against the first purchaser or the qualified seed retailer.
(b) After allowing a first purchaser or a qualified seed retailer the
opportunity to present comments, the council:
(1) shall adjust the amount of the assessments due, if the first
purchaser's or qualified seed retailer's comments reveal that the
council's figure is inaccurate; and
(2) may assess a penalty against the first purchaser or qualified
seed retailer of no more than ten percent (10%) of the amount of
any assessments not remitted within forty-five (45) days after the
end of the period.
(c) If a first purchaser or the qualified seed retailer fails to remit
assessments after being allowed to present comments under subsection
(a) or to pay any penalty assessed under subsection (b), the council may
bring a civil action against the first purchaser or the qualified seed
retailer in the circuit, superior, or municipal court of any county. The
action shall be tried and a judgment rendered as in any other
proceeding for the collection of a debt. In an action under this
subsection, the council may obtain:
(1) a judgment in the amount of all unremitted assessments and
any unpaid penalty; and
(2) an award of the costs of bringing the action.
SOURCE: ; (01)HB1973.2.14. -->
SECTION 14. [EFFECTIVE MAY 15, 2001] IC 15-4-10-29 IS
REPEALED.
SECTION 15. [EFFECTIVE MAY 15, 2001] IC 15-4-10-28 IS
REPEALED.
SOURCE: ; (01)HB1973.2.16. -->
SECTION 16. [EFFECTIVE MAY 15, 2001] (a) The definitions
under IC 15-4-10 apply to this SECTION.
(b) Notwithstanding IC 15-4-10-17, before June 1, 2001, the
director shall notify producers of the district of the impending
initial election and the procedure and deadlines to have a
producer's name printed on the ballot by:
(1) publishing a notice in a statewide agricultural publication;
(2) publishing a notice in a newspaper of general circulation
in each county; and
(3) making the information available to the news media in
each district.
(c) Notwithstanding IC 15-4-10-13, as amended by this act, the
initial terms of office for council members are as follows:
(1) Council members from district 1, district 4, district 7, and
district 10 serve terms of three (3) years.
(2) Council members from district 2, district 5, district 8, and
district 11 serve terms of two (2) years.
(3) Council members from district 3, district 6, district 9, and
district 12 serve terms of one (1) year.
(4) One (1) council member appointed under IC 15-4-10-16(c),
as added by this act, serves a term of three (3) years.
(5) One (1) council member appointed under IC 15-4-10-16(c),
as added by this act, serves a term of two (2) years.
(d) This SECTION expires September 2, 2003.
SOURCE: ; (01)HB1973.2.17. -->
SECTION 17.
An emergency is declared for this act.