Introduced Version
HOUSE BILL No. 1973
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 15-4-10.
Synopsis: Corn marketing council. Amends the definition of "market
development". Makes the attorney general the legal adviser for the
Indiana corn marketing council. Changes the composition of the
council member districts. Provides that the dean of the Purdue
University school of agriculture and two representatives of first
purchaser organizations 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. Changes the
rate of assessment from 1/2 cent per bushel to 0.3% of the sales price
per bushel. Requires a producer who wants a full or partial refund of an
assessment to submit an application within 180 days of the sale of the
corn. Repeals a provision that 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
January 17, 2001, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
Introduced
First Regular Session 112th General Assembly (2001)
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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)IN1973.1.1. -->
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;
(3) 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;
(5) to promote the production and marketing of ethanol and
new technologies that use corn;
(6) to provide financial assistance to bring additional corn
processing capacity to Indiana; and
(7) to provide corn farmers with information concerning new
corn markets and technologies.
SOURCE: IC 15-4-10-12; (01)IN1973.1.2. -->
SECTION 2.
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 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)IN1973.1.3. -->
SECTION 3.
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)IN1973.1.4. -->
SECTION 4.
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 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.
SOURCE: IC 15-4-10-15; (01)IN1973.1.5. -->
SECTION 5.
IC 15-4-10-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15. (a) 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.
(b) The attorney general, or the attorney general's designee,
shall serve as the legal adviser for the council and represent it in
any legal proceeding.
SOURCE: IC 15-4-10-16; (01)IN1973.1.6. -->
SECTION 6.
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.
DISTRICT 11. All counties in Indiana.
DISTRICT 12. 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.
SOURCE: IC 15-4-10-18; (01)IN1973.1.7. -->
SECTION 7.
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)IN1973.1.8. -->
SECTION 8.
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) Receive and investigate, or cause to be investigated,
complaints and violations of this chapter and take necessary
action within its authority.
(13) 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)IN1973.1.9. -->
SECTION 9.
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. The council may pay for infrastructure development
and provide grants and low interest loans to implement the
purposes 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)IN1973.1.10. -->
SECTION 10.
IC 15-4-10-26
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26. (a) Except as
provided in subsection (b) concerning seed corn, an assessment of
one-half cent ($0.005) three-tenths of one percent (0.3%) of the sale
price per bushel is imposed on all corn grown and sold in Indiana. The
assessment may be imposed and collected on a quantity of corn only
once. The rate of the assessment imposed by this section may be
increased only by the general assembly.
(b) An assessment of one-half cent ($0.005) three-tenths of one
percent (0.3%) of the sale price per bag 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 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) 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.
SOURCE: IC 15-4-10-28; (01)IN1973.1.11. -->
SECTION 11.
IC 15-4-10-28
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 28. (a) A producer
whose corn has an assessment imposed under section 26 of this chapter
may obtain a refund of the assessment under this section.
(b) To obtain a
full or partial refund, a producer must submit an
application for the refund to the council within
three one hundred
sixty-five (365) eighty (180) days after the date of the sale of the corn.
The application must be submitted on a form supplied by the council
under subsection (d). Proof of the imposition of the assessment, in the
form of a duplicate or certified copy of the grain settlement form
provided to the producer by the first purchaser, must be attached to the
application.
(c) The council shall refund an assessment to the producer within
thirty (30) days after receiving an application from the producer that
meets the requirements set forth in subsection (b).
(d) The council shall provide refund application forms as required
under subsection (b) to first purchasers. A first purchaser shall provide
a form to a producer upon request.
(e) The director shall post notices to advise producers of the
procedure for obtaining a refund under this section. The council shall
adopt rules under
IC 4-22-2
to provide for the content and placement
of the notice.
SOURCE: ; (01)IN1973.1.12. -->
SECTION 12. [EFFECTIVE MAY 15, 2001]
IC 15-4-10-29
IS
REPEALED.
SOURCE: ; (01)IN1973.1.13. -->
SECTION 13. [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)IN1973.1.14. -->
SECTION 14.
An emergency is declared for this act.