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