CHAPTER 12. INDIANA CORN MARKET DEVELOPMENT
IC 15-15-12
Chapter 12. Indiana Corn Market Development
IC 15-15-12-1
Application of chapter
Sec. 1. This chapter applies to all kinds and varieties of corn
marketed or sold as corn by a producer in Indiana.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-2
"Bushel"
Sec. 2. As used in this chapter, "bushel" means fifty-six (56)
pounds of corn by weight.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-3
"Corn"
Sec. 3. As used in this chapter, "corn" does not include sweet
corn, seed corn, or popcorn.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-4
"Council"
Sec. 4. As used in this chapter, "council" refers to the Indiana corn
marketing council established by section 17 of this chapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-5
"Dean of agriculture"
Sec. 5. As used in this chapter, "dean of agriculture" refers to the
dean of agriculture of Purdue University.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-6
"Director"
Sec. 6. As used in this chapter, "director" refers to the director of
the Indiana state department of agriculture or the person designated
by the director of the Indiana state department of agriculture to carry
out duties imposed on the director of the Indiana state department of
agriculture under this chapter.
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.52.
IC 15-15-12-7
"First purchase"
Sec. 7. As used in this chapter, "first purchase" means a sale of
corn at the first point of delivery when the corn is weighed and
graded and title to the corn is transferred.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-8
"First purchaser"
Sec. 8. (a) As used in this chapter, "first purchaser" means a
person who is engaged in Indiana in the business of buying corn from
producers. The term refers to a person buying or acquiring corn
from:
(1) the producer of the corn; or
(2) the Commodity Credit Corporation, if the corn is pledged as
collateral for a loan issued under a price support loan program
administered by the Commodity Credit Corporation.
(b) The term does not include a buyer of corn who buys less than
one hundred thousand (100,000) bushels of corn annually for the
buyer's own use as seed or feed.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-9
"Grain"
Sec. 9. As used in this chapter "grain" has the meaning set forth
in IC 26-4-1-13.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-10
"Market development"
Sec. 10. As used in this chapter, "market development" means to:
(1) provide for the development of new or larger domestic and
foreign markets for corn;
(2) promote the production and marketing of renewable fuels
and new technologies that use corn; and
(3) access federal government money available to the state to
further the market development activities described in
subdivisions (1) and (2).
As added by P.L.2-2008, SEC.6.
IC 15-15-12-11
"Marketing year"
Sec. 11. As used in this chapter, "marketing year" means the
twelve (12) month period beginning October 1 and ending the
following September 30.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-12
"Person"
Sec. 12. As used in this chapter, "person" means an individual, a
partnership, a limited liability company, a public or private
corporation, a political subdivision (as defined in IC 36-1-2-13), a
cooperative, a society, an association, or a fiduciary.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-13
"Producer"
Sec. 13. As used in this chapter, "producer" means a person
engaged in the business of producing and marketing corn in Indiana
under the producer's own name.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-14
"Promotion"
Sec. 14. As used in this chapter, "promotion" means:
(1) communication directly with corn producers;
(2) technical assistance; and
(3) trade marketing activities;
to enhance the marketing opportunities of corn for corn products in
domestic and foreign markets.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-15
"Research"
Sec. 15. As used in this chapter, "research" means a study to
advance the:
(1) marketability;
(2) production;
(3) product development;
(4) quality; or
(5) functional or nutritional value;
of corn or corn products, including a research activity designed to
identify and analyze barriers to domestic and foreign sales of corn or
corn products.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-16
"Sale"
Sec. 16. As used in this chapter, "sale" means a conveyance of
title to corn or the pledge or other encumbrance of corn as security
for a loan extended by the Commodity Credit Corporation under a
federal price support loan program.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-17
Indiana corn development council established; membership;
residence; per diem and travel expenses
Sec. 17. (a) The Indiana corn marketing council is established.
The council is a public body corporate and politic, and though it is
separate from the state, the exercise by the council of its powers
constitutes an essential governmental function. The council may sue
and be sued and plead and be impleaded.
(b) The council consists of seventeen (17) voting and eight (8) ex
officio, nonvoting members. The elected members from districts
listed under section 21(a) of this chapter must be:
(1) registered as voters in Indiana;
(2) at least eighteen (18) years of age; and
(3) producers.
(c) Each elected member of the council must reside in the district
identified in section 21(a) of this chapter from which the member is
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 Indiana department of
administration and approved by the budget agency. However, council
members are not entitled to a salary or per diem.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-18
Terms
Sec. 18. (a) The term of office of 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 17(b) of this chapter is elected.
(b) An elected or appointed council member may not hold office
for more than three (3) consecutive full terms.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-19
Vacancies
Sec. 19. (a) If a member of the council elected or appointed under
section 21(a), 21(b), 21(c), or 21(d) of this chapter ceases to meet
one (1) or more of the qualifications set forth in section 17(b) of this
chapter, the member's term of office terminates and the member's
office becomes vacant.
(b) Whenever 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 17(b) of this chapter. The appointee
shall serve for the remainder of the unexpired term.
(c) Whenever the office of a council member appointed under
section 21(e), 21(g), or 21(h) of this chapter becomes vacant before
the expiration of the member's term of office, the dean of agriculture
shall fill the vacancy by appointing a replacement member who
represents the group from which the member was originally
appointed. The appointee shall serve for the remainder of the
unexpired term.
(d) Whenever the office of a member appointed under section
21(f) of this chapter becomes vacant, the appointing authority who
appointed the member shall fill the vacancy. An appointee under this
subsection shall serve for the remainder of the unexpired term.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-20
Appointment of nonvoting council members
Sec. 20. (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. These individuals may not participate in votes taken by the
council but are eligible for reimbursement for traveling expenses.
(b) A person appointed under this section serves a term of three
(3) years.
(c) A person appointed under this section may not serve for more
than three (3) consecutive full terms.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-21
Election districts; qualifications; appointments; ex officio members
Sec. 21. (a) One (1) council member shall be elected from each of
the following districts:
DISTRICT 1. The counties of Lake, Newton, Jasper, Benton,
Porter, LaPorte, Starke, White, and Pulaski.
DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall,
Kosciusko, Fulton, Carroll, Cass, Miami, and Wabash.
DISTRICT 3. The counties of LaGrange, Steuben, Noble,
DeKalb, Whitley, Allen, Huntington, Wells, and Adams.
DISTRICT 4. The counties of Montgomery, Fountain, Warren,
Tippecanoe, Vermillion, Parke, Putnam, Vigo, Clay, and Owen.
DISTRICT 5. The counties of Clinton, Boone, Tipton, Howard,
Grant, Hamilton, Madison, Hendricks, Marion, Hancock,
Morgan, Johnson, Shelby, Rush, Bartholomew, and Decatur.
DISTRICT 6. The counties of Blackford, Jay, Delaware, Henry,
Randolph, Wayne, Fayette, and Union.
DISTRICT 7. The counties of Sullivan, Greene, Knox, Daviess,
Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick,
and Spencer.
DISTRICT 8. The counties of Monroe, Brown, Lawrence,
Jackson, Orange, Washington, Perry, Crawford, Harrison, and
Floyd.
DISTRICT 9. The counties of Franklin, Jennings, Jefferson,
Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott.
(b) Six (6) council members shall be elected to represent all
counties in Indiana.
(c) The dean of agriculture shall appoint one (1) representative of
the largest general farm organization in Indiana to serve as a member
of the council.
(d) The dean of agriculture shall appoint one (1) representative of
the second largest general farm organization in Indiana to serve as a
member of the council.
(e) The director shall appoint two (2) representatives of first
purchaser organizations to serve as nonvoting members of the
council.
(f) Four (4) members serve on the council, to be appointed as
nonvoting members as follows:
(1) One (1) member appointed by the president pro tempore of
the senate.
(2) One (1) member appointed by the minority leader of the
senate.
(3) One (1) member appointed by the speaker of the house of
representatives.
(4) One (1) member appointed by the minority leader of the
house of representatives.
The members appointed under this subsection are ex officio members
of the council. The members of the senate must be of different
political parties. The members of the house of representatives must
be of different political parties. Notwithstanding any other law, the
members appointed under this section are entitled to receive the per
diem of members of the general assembly for time spent in
attendance at the meetings of the council. Per diem of these members
shall be paid by the council upon approval of the director.
(g) The dean of agriculture or the dean's designee shall serve as an
ex officio, nonvoting member of the council.
(h) The secretary of agriculture or the secretary's designee shall
serve as an ex officio, nonvoting member of the council.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-22
Date of election; notice
Sec. 22. An election of a council member shall be held in a district
in the year in which the term of the district's council member is to
expire. Between January 1 and March 15 of that year, the council
shall notify the producers of the district of the impending election by
publishing one (1) notice in a statewide agricultural publication and
by making information available to the news media in the district.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-23
Ballots; petitions; forms
Sec. 23. (a) The ballot for the election of a district council
member must include the name of each producer who:
(1) meets the qualifications set forth in section 17(b) of this
chapter; and
(2) files with the council, before June 30 of the year of the
election, a petition in support of candidacy signed by ten (10)
other producers who reside in the district.
(b) The council shall provide petition forms upon request and
shall make forms available:
(1) at cooperative extension service offices located in the
district; and
(2) via the council's Internet web site.
(c) The council shall allow a producer to request a ballot through
the council's Internet web site.
(d) A name other than the names of the producers who have
qualified under this section may not be printed on the ballot by the
council. All names on the ballot must be listed in alphabetical order
based on the producer's surname.
(e) The council shall require each producer who submits a ballot
to provide a separate attestation that the person is an eligible
producer.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-24
Absentee ballots
Sec. 24. (a) For purposes of the election of a district council
member, the council shall provide an absentee ballot to every
producer who:
(1) resides outside Indiana or expects to be absent from the
district in which the producer resides on the day of the election;
and
(2) requests an absentee ballot from the council at least five (5)
days but not more than thirty (30) days before the election.
(b) A producer's absentee ballot is not valid unless the council
receives the ballot from the producer at least two (2) days before the
election.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-25
Election judges; teller committee; traveling expenses
Sec. 25. (a) The director shall appoint election judges for the
election of council members. The director shall also appoint a teller
committee to count absentee ballots and to canvass and certify results
of elections of council members.
(b) Each election judge or teller committee member appointed
under this section is entitled to reimbursement for traveling expenses
and other expenses actually incurred in connection with official
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and
approved by the budget agency, but is not entitled to any salary or
per diem.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-26
Election; date and location
Sec. 26. The election of a district council member must be
conducted by the council in August at voting places located in the
district. The winner of an election takes office on the following
October 1.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-27
Council's duties
Sec. 27. (a) The council shall do the following:
(1) Elect a president, vice president, 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) Bond the treasurer and such other persons as necessary to
ensure adequate protection of funds received and administered
by the council.
(4) Authorize the expenditure of funds and the contracting of
expenditures to conduct proper activities under this chapter.
(5) Annually establish priorities and prepare and approve a
budget consistent with the estimated resources of the council
and the scope of this chapter.
(6) Annually publish an activities report and audit and present
the report and audit to the director, the dean of agriculture, and
the legislative council. The report and audit must be:
(A) sent to the legislative council in an electronic format
under IC 5-14-6; and
(B) available on the council's Internet web site.
(7) Procure and evaluate data and information necessary for the
proper implementation of this chapter.
(8) Formulate and execute assessment procedures and methods
of collection.
(9) Receive and investigate, or cause to be investigated,
complaints and violations of this chapter and take necessary
action within the council's authority.
(10) Adopt bylaws and operating procedures governing
operations of the council.
(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 certified public accountant.
(12) Establish and maintain an Internet web site.
(13) Take any other action necessary for the proper
implementation of this chapter.
(b) A majority of the voting members of the council constitutes a
quorum. The affirmative votes of at least a majority of the quorum,
and at least nine (9) affirmative votes, are required for the council to
take action.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-28
Council meetings
Sec. 28. (a) The council shall meet at least three (3) times in each
marketing year at the call of the president or at the request of
two-thirds (2/3) of the members of the council.
(b) The council shall comply with the requirements under
IC 5-14-1.5 (open door law).
As added by P.L.2-2008, SEC.6.
IC 15-15-12-29
Payment of expenses; investments; market development
Sec. 29. (a) The council shall pay all expenses incurred under this
chapter with money from the assessments remitted to the council
under this chapter.
(b) The council may invest all money the council receives under
this chapter, including gifts or grants that are given for the express
purpose of implementing this chapter, in the same way allowed by
law for public funds.
(c) The council may expend money from assessments and from
investment income not needed for expenses for market development,
promotion, and research.
(d) The council may not use money received, collected, or accrued
under this chapter for any purpose other than the purposes authorized
by this chapter. The amount of money expended on administering
this chapter in a state fiscal year may not exceed ten percent (10%)
of the total amount of assessments, grants, and gifts received by the
council in that state fiscal year.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.4.
IC 15-15-12-30
Repealed
(Repealed by P.L.148-2009, SEC.12.)
IC 15-15-12-30.5
Retail merchant E85 deduction reimbursement fund; transfers,
deposits, and deductions by budget agency
Sec. 30.5. (a) The retail merchant E85 deduction reimbursement
fund is established. The fund consists of:
(1) assessments transferred by the council for deposit in the
fund under section 32.5 of this chapter;
(2) gifts; and
(3) grants.
(b) Except as provided in subsection (g), money in the fund may
only be used for the purposes described in subsection (d).
(c) On May 1, the budget agency shall determine the sum of all
retail merchant deductions allowed under IC 6-2.5-7-5(d) in the
immediately preceding qualified reporting period (as defined in
IC 6-2.5-7-5(e)).
(d) The budget agency shall transfer the amount determined under
subsection (c) from the fund for deposit. The amount transferred
under this subsection shall be deposited in the same manner as state
gross retail and use taxes are required to be deposited under
IC 6-2.5-10-1.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) If the amount of money in the fund on May 1 is insufficient to
reimburse the state for all retail merchant deductions allowed under
IC 6-2.5-7-5(d) in the immediately preceding qualified reporting
period (as defined in IC 6-2.5-7-5(e)), the budget agency shall deduct
from any amounts transferred for deposit into the fund in the
remainder of that calendar year an amount sufficient to cure the
insufficiency. The budget agency shall transfer any amounts
deducted under this subsection for deposit in the same manner as
state gross retail and use taxes are required to be deposited under
IC 6-2.5-10-1.
(g) If the retail merchant E85 deduction program is terminated,
any balance in the fund must be transferred to the council.
As added by P.L.148-2009, SEC.5.
IC 15-15-12-31
Liability for debts and actions of the council
Sec. 31. (a) Obligations incurred by the council and other
liabilities and claims against the council may be enforced only
against the assets of the council in the same manner as if the council
were a corporation. Liabilities for the debts or actions of the council
may not arise against:
(1) the state;
(2) a political subdivision (as defined in IC 34-6-2-110); or
(3) a member, an officer, an employee, or an agent of the
council in an individual capacity.
(b) The members and employees of the council may not be held
responsible individually in any way to any person for errors in
judgment, mistakes, or other acts either of commission or omission,
as principal, agent, or employee, except for their own individual acts
that result in the violation of any law.
(c) An employee of the council may not be held responsible
individually for the act or omission of any member of the council.
(d) Any liability of the members of the council is several and not
joint. A member of the council may not be held liable for the default
of any other member.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-32
Assessments; collection; handling fee
Sec. 32. (a) An assessment of one-half cent ($0.005) per bushel
must be collected on all corn sold in Indiana. The assessment may be
imposed and collected on a quantity of corn only once and must be
collected by the first purchaser. A buyer of corn who purchases more
than one hundred thousand (100,000) bushels annually for the
buyer's own use as seed or feed is responsible only for collecting
checkoff assessments on corn purchases made after the buyer
exceeds the one hundred thousand (100,000) bushel threshold and
becomes a first purchaser. The rate of the assessment imposed by this
section may be changed only by the general assembly.
(b) The first purchaser of a quantity of corn shall deduct the
assessment on the corn from the 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.
(c) 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 thirty
(30) days after the end of the period is entitled to retain three percent
(3%) of the total of the assessments as a handling fee.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-32.5
Indiana corn marketing council transfers for deposit in retail
merchant E85 deduction reimbursement fund
Sec. 32.5. (a) On July 1, 2010, the council shall transfer five
hundred thousand dollars ($500,000) to the budget agency for
deposit in the retail merchant E85 deduction reimbursement fund
established by section 30.5 of this chapter.
(b) On July 1, 2011, and each year thereafter, the council shall
transfer to the budget agency for deposit in the retail merchant E85
deduction reimbursement fund established by section 30.5 of this
chapter an amount equal to the difference between:
(1) five hundred thousand dollars ($500,000); minus
(2) the balance remaining in the fund on June 30.
However, the amount transferred under this subsection may not
exceed five hundred thousand dollars ($500,000).
As added by P.L.148-2009, SEC.6.
IC 15-15-12-33
Refunds to producers; application; proof of deduction of
assessment from corn sale price; deadline for payment of refund
Sec. 33. (a) If a producer has sold corn and the state assessment
was deducted from the sale price of the corn, the producer may
secure a refund equal to the amount deducted upon filing a written
application.
(b) A producer's application for a refund under this section must
be made to the council not more than one hundred eighty (180) days
after the state assessment is deducted from the sale price of the
producer's corn.
(c) The council shall provide application forms to a first purchaser
for purposes of this section upon request and make application forms
available on the council's Internet web site. Before July 1, 2009, a
first purchaser shall provide an application form to each producer
along with each settlement form that shows a deduction. After June
30, 2009, a first purchaser shall make application forms available in
plain view at the first purchaser's place of business.
(d) Proof that an assessment has been deducted from the sale price
of a producer's corn must be attached to each application for a refund
submitted under this section by a producer. The proof that an
assessment was deducted may be in the form of a duplicate or an
original copy of the purchase invoice or settlement sheet from the
first purchaser. The refund form and proof of assessment may be
mailed or faxed to the council. The refund form must clearly state
how to request a refund, the address where the form may be mailed,
and the fax number where the form may be faxed.
(e) If a refund is due under this section, the council shall remit the
refund to the producer not later than thirty (30) days after the date the
producer's completed application and proof of assessment are
received.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.7.
IC 15-15-12-34
Information to be included in checkoff refund form
Sec. 34. The checkoff refund form must:
(1) contain the address and fax number of the location to which
the assessment refund form may be sent;
(2) contain information concerning procedures to claim an
assessment refund; and
(3) contain any other information determined necessary by the
council.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.8.
IC 15-15-12-35
Maintaining records and supplying information by first purchaser;
audit by council; qualifications of auditor
Sec. 35. (a) A first purchaser shall keep detailed records of all
assessments collected and remitted under this chapter for at least
three (3) years.
(b) Upon request, a first purchaser shall supply the council with
any information from records kept under subsection (a).
(c) The council may periodically audit a first purchaser's checkoff
assessment and remittance records kept under subsection (a). An
audit must be conducted by:
(1) a qualified public accountant of the council's choosing; or
(2) an auditor who is familiar with the:
(A) storage;
(B) conditioning;
(C) shipping; and
(D) handling;
of agricultural commodities.
The costs of the audit shall be paid by the council.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.9.
IC 15-15-12-36
Failure to remit assessments; hearing; civil action; penalty
Sec. 36. (a) If a first purchaser fails to remit the assessments
collected during a period specified in section 32 of this chapter
within thirty (30) days after the end of the period, the council shall
contact the first purchaser and allow the first purchaser to present
comments to the council concerning:
(1) the status and amount of the assessments due; and
(2) reasons why the council should not bring legal action
against the first purchaser.
(b) After allowing a first purchaser the opportunity to present
comments, the council:
(1) may adjust the amount of the assessments due, if the first
purchaser's comments reveal that the council's figure is
inaccurate;
(2) may assess a penalty against the first purchaser;
(3) shall:
(A) assess a fee for an unpaid assessment due the council,
from a person responsible for remitting assessments, at the
rate of two percent (2%) of the amount of the unpaid
assessment each month, beginning with the day following
the date the assessment is due under this subsection; and
(B) if there is any remaining amount due after the
assessment of the fee under clause (A), assess a fee at the
same rate on the corresponding day of each month thereafter
until the entire amount of the unpaid assessment is paid;
(4) shall compute the amounts payable on unpaid assessments
under this section monthly and include any unpaid late charges
previously applied under this section; and
(5) shall determine the date of a payment for purposes of this
subsection by the postmark applied to the remitting envelope.
(c) If a first purchaser fails to remit assessments after being
allowed to present comments under subsection (a) or to pay any
penalty assessed under subsection (b), the council may bring a civil
action against the first purchaser in a circuit, superior, or municipal
court of any county. The action shall be tried and a judgment
rendered as in any other proceeding for the collection of a debt. In an
action under this subsection, the council may obtain:
(1) a judgment in the amount of all unremitted assessments and
any unpaid penalty; and
(2) an award of the costs of bringing the action.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-37
Restrictions on use of assessment
Sec. 37. (a) Proceeds of the checkoff assessment collected by the
council under this chapter may not be used to influence legislation or
governmental action or policy.
(b) Proceeds of the assessment collected under this chapter may
be used to communicate information related to the:
(1) conduct;
(2) implementation; or
(3) results;
of promotion, research, and market development activities to
appropriate government officials.
(c) After January 1, 2009, proceeds of the assessment collected
under this chapter may be used for action designed to market corn or
corn products directly to a foreign government or a political
subdivision of a foreign government. However, not more than five
percent (5%) of the annual amount collected may be used under this
subsection.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-38
Procedures for termination if refunds are greater than 25%
Sec. 38. (a) For the marketing year beginning October 1, 2009, if
at least twenty-five percent (25%) of the assessment is refunded
during the marketing year, the council shall:
(1) cease collecting the assessment on January 1 of the
subsequent year;
(2) maintain a sufficient amount of money to pay any refunds
requested by producers; and
(3) request that the legislative council have legislation prepared
to repeal the corn market law.
(b) If for the marketing year beginning October 1, 2009, less than
twenty-five percent (25%) of the assessments are refunded, the
council shall review the refunds for each year beginning with the
marketing year beginning October 1, 2010. If refunds exceed
twenty-five percent (25%) in two (2) consecutive marketing years,
the council shall:
(1) cease collecting the assessment on January 1 of the
subsequent year;
(2) maintain a sufficient amount of money to pay any refunds
requested by producers; and
(3) request that the legislative council have legislation prepared
to repeal the corn market law.
(c) The dean of agriculture and the council shall report to the
legislative council the amounts collected and refunded. The report to
the legislative council must be in an electronic format under
IC 5-14-6.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-39
Injunctions
Sec. 39. (a) If a person fails to discharge a duty imposed by this
chapter other than remitted assessments, the council shall allow the
person an opportunity to present comments to the council concerning
reasons why the council should not bring legal action against the
person. If it is necessary to obtain compliance with this chapter, the
council may bring an action against the person in a circuit, superior,
or municipal court of any county seeking an injunction mandating
compliance and any other appropriate legal remedies.
(b) In an action under this section, the council may be granted
injunctive relief without establishing the absence of an adequate
remedy at law.
As added by P.L.2-2008, SEC.6.