SB 158-1_ Filed 02/13/2007, 10:56
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Economic Development and Technology, to which was referred Senate Bill
No. 158, has had the same under consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture.
SOURCE: Page 2, line 32; (07)AM015805.2. -->
Page 2, line 32, delete "servicing" and insert " marketing".
Page 3, delete lines 17 through 38.
Page 4, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 15-4-10-15; (07)AM015805.9. -->
"SECTION 9. IC 15-4-10-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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
(b) At least one (1) individual appointed under this section must
represent first purchasers.
(c) An individual appointed under this section:
(1) may not participate in votes taken by the council; and
(2) is eligible for reimbursement for traveling expenses and
other expenses actually incurred in connection with the
individual's duties as allowed under section 12(d) of this
chapter.".
SOURCE: Page 5, line 9; (07)AM015805.5. -->
Page 5, reset in roman lines 9 through 10.
Page 5, line 13, delete "(b)" and insert " (c)".
Page 5, line 15, reset in roman "(d)".
Page 5, line 15, delete "(c)".
Page 7, line 8, strike "and financial".
Page 7, line 8, after "report" insert " and audit".
Page 7, line 9, strike "this" and insert " the".
Page 7, line 9, after "report" insert " and audit".
Page 7, line 9, delete "." and insert " of the department of
agriculture.".
Page 7, between lines 18 and 19, begin a new line block indented
and insert:
" (11) Keep accurate accounts of all receipts and
disbursements of funds handled by the council and have the
receipts and disbursements audited annually by a qualified
public accountant.".
Page 7, line 19, delete "(11)" and insert " (12)".
Page 7, line 30, delete "." and insert " or at the request of
two-thirds (2/3) of the members of the council.".
Page 8, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 15-4-10-24.6; (07)AM015805.19. -->
"SECTION 19. IC 15-4-10-24.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 24.6. (a) An amount not to exceed
thirty percent (30%) of the money collected by the Indiana corn
marketing council under section 26 of this chapter may be used to
provide economic development incentive grants recommended by
the department of agriculture and the Indiana economic
development corporation to businesses that use corn. A grant made
under this section must be approved by a majority of the members
of the council.
(b) The council may choose to spend money for economic
development grants in addition to the money used for economic
development under subsection (a).".
SOURCE: Page 9, line 12; (07)AM015805.9. -->
Page 9, line 12, reset in roman "cent ($0.005)".
Page 9, line 12, delete "of one percent (0.5%) of the net market
price".
Page 11, between lines 9 and 10, begin a new paragraph and insert:
"
(c) The council may periodically audit a first purchaser's
checkoff assessment and remittance records as kept under
subsection (a). An audit must be conducted by a qualified public
accountant of the council's choosing, and the costs of the audit shall
be paid by the council.".
Page 12, delete lines 28 through 42, begin a new paragraph and
insert:
SOURCE: IC 15-4-10-33; (07)AM015805.26. -->
"SECTION 26. IC 15-4-10-33 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 33. (a) On August 1, 2011, and
not later than every five (5) years thereafter, the director of the
department of agriculture shall conduct a referendum among corn
producers who, during a period determined by the director of the
department of agriculture, have been engaged in the production of
corn. The purpose of the referendum is to determine whether the
corn check off program should be continued or discontinued. The
director of the department of agriculture shall develop criteria for
the conduct of referenda.
(b) The director shall, to the extent practicable, provide broad
public notice in advance of any referendum. Notice shall be given
by means determined appropriate by the director of the
department of agriculture.
(c) The director of the department of agriculture shall report
the results of the referendum to the legislative council. The report
must be in an electronic format under IC 5-14-6. If a majority of
the producers voting in the referendum want the program to be
discontinued, the director of the department of agriculture shall
request that the legislative council have legislation prepared to
repeal the corn market law.
(d) The director of the department of agriculture must be
reimbursed from the Indiana corn market development account
for any expenses incurred in connection with the conduct of a
referendum.
(e) A referendum shall be conducted for a reasonable period
established by the director of the department of agriculture, not to
exceed three (3) days, under a procedure whereby a producer
intending to vote in the referendum must certify that the producer
was engaged in the production of corn during the period
established by the director of the department of agriculture.
(f) Referenda shall be conducted at county extension offices. The
director of the department of agriculture shall make provisions for
absentee mail ballots to be provided on request. Absentee mail
ballots shall be furnished by the director of the department of
agriculture on request made in person, by mail, or by telephone.".
Delete page 13.
Renumber all SECTIONS consecutively.
(Reference is to SB 158 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 9, Nays 1.
____________________________________
Senator Ford, Chairperson
AM 015805/DI 113 2007