Bill Text: IN HB1387 | 2011 | Regular Session | Enrolled
Bill Title: Commodity market development councils.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1387 Detail]
Download: Indiana-2011-HB1387-Enrolled.html
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
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.
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AN ACT to amend the Indiana Code concerning agriculture and animals.
(b) Before issuance of a notice of referendum on a proposed commodity market development program, the
particular agricultural commodity. The producers must register with the
director, dean of agriculture, who shall maintain a list of those
producers. At least twenty percent (20%) of the producers must register
before a referendum may be held. The director dean of agriculture
shall establish a registration period for establishing, continuing,
changing, or terminating a marketing program after the director dean
of agriculture calls for a referendum. Postdating of a registration is
void. The producer or handler list established under this subsection is
final and conclusive in making determinations relative to the assent of
producers upon the issuance, amendment, or termination of a
commodity market development program.
(c) The director dean of agriculture shall publish a notice of
referendum to the attention of producers in the newspapers or trade
journals within the affected area that the director dean of agriculture
prescribes. The director dean of agriculture may also mail notice to
all producers or handlers on the current list of producers.
(d) If the majority of those who actually vote favor the adoption of
the proposal in the petition, the director dean of agriculture shall
declare the proposal to be adopted.
(e) A proposal to change the amount of the fee or to make other
major changes in the program may be made only if a proposal for the
change is adopted by a two-thirds (2/3) vote of the commodity market
development council or by petition of twenty-five percent (25%) of the
agricultural commodity producers. The proposal must then be
submitted to a referendum under which the same percentages of votes
favoring the proposal (by number and production) are required for
approval as were required for establishment of the original market
development program.
(f) A proposal to terminate a commodity market development
program may be made only if a proposal for termination is adopted by
a majority of the commodity market development council or by petition
of two percent (2%) of the agricultural commodity producers. The
proposed termination must be submitted to a referendum under which
a simple majority of those voting in favor of termination of the program
is required for termination.
(g) A referendum to:
(1) set up a commodity market development council for a
particular commodity;
(2) change the amount of fee;
(3) make other major changes; or
(4) terminate a commodity market development council;
may not be held within twelve (12) months of a referendum conducted
for a similar purpose for the same agricultural commodity.
(h) If the amount of refund requests under section 18 of this
chapter exceeds twenty-five percent (25%) of the amount collected
under this chapter for a fiscal year, the director dean of agriculture
shall conduct a referendum on the continuation of the commodity
market development council. at least one (1) time every three (3) years.
(i) Any eligible producer may register to participate in a referendum
on the continuation or termination of a program. Registration for such
a referendum may not be limited to those producers who registered for
the referendum to establish the program.
(1) the collection and expenditures of funds; and
(2) audits and refunds;
associated with the commodity market development program.
(b) This subsection applies to a commodity market development program for cattle, dairy products, or soybeans. The
(c) If a market development fee is unpaid on the date that the fee was due, a penalty of one percent (1%) per month is imposed beginning on the date the fee was due until payment plus the penalty is received by the
the collection of fees due and unpaid, shall institute proper action in an
Indiana court for the collection of unpaid fees and penalties.
(d) The individual commodity council market development fund is
established. The fund consists of all fees paid to the director dean of
agriculture under that agricultural commodity program. The director
dean of agriculture shall spend all money credited to the fund, less
administration expenses, for the use and benefit of the commodity
market development council for which the fund is established.
(e) The director dean of agriculture shall submit an annual
statement to the commodity market development council that shows all
receipts, administration expenses, refunds, and the balance credited to
the fund.
(f) Not more than one (1) fee may be collected for an agricultural
commodity under this chapter. or under a federal program for
promotion or market development.
(1) Elect a chairperson and any other officers.
(2) Authorize the expenditure of a budgeted amount of the council market development fund in the administration of the commodity market development program.
(3) Collect commodity market development fees.
(4) Perform other necessary duties.
(b) A producer or handler must file a request for refund with the
(c) The
(d) For the purpose of making an application for a refund, a producer is considered the agent of all persons who have an interest in the agricultural commodity. The interest of each person in the agricultural commodity must be indicated on the refund request form, and the refund shall be paid to each interested person's interest according to that person's interest.
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