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)


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 this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the 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)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.