CHAPTER 6. ORGANIZATION OF HORTICULTURAL AND QUARANTINE DISTRICTS
IC 15-16-6
Chapter 6. Organization of Horticultural and Quarantine Districts
IC 15-16-6-1
Authority to organize horticulture and quarantine districts;
purposes
Sec. 1. (a) Horticultural and quarantine districts may be organized
under this chapter for any or all of the following purposes:
(1) To prevent the spread of contagious diseases among fruit,
fruit trees, and fruit bearing plants.
(2) To provide for the prevention, treatment, cure, and
extirpation of:
(A) fruit pests; and
(B) diseases of fruit, fruit trees, and fruit bearing plants.
(3) To:
(A) provide for the purchase and maintenance of spraying
machines, wagons, or other necessary apparatus to
adequately spray fruit trees or other fruit bearing plants;
(B) hire workers and teams to perform the required labor;
and
(C) incur the necessary expense to carry out the purposes of
this chapter.
(4) To hire experts to:
(A) inspect fruit trees and fruit bearing plants found within
a horticultural and quarantine district; and
(B) prescribe the proper methods of treatment of diseases of
fruit trees or fruit bearing plants.
(b) A horticultural and quarantine district shall be administered by
a voluntary association that has three (3) elected directors.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-2
Organizers; articles of association; contents; amendment
Sec. 2. (a) At least ten (10) persons who are owners of land:
(1) constituting a contiguous area; and
(2) upon which are situated orchards, fruit trees, or other fruit
bearing plants;
may establish a horticultural and quarantine district.
(b) The articles of association must be in writing and signed and
acknowledged by each person who desires to become a member of
the organization. The articles of association must specify the
following:
(1) The corporate name of the association.
(2) The objectives of the association, generally.
(3) The name and residence of each incorporating member.
(4) The term of existence of the association. However, the term
may not exceed ten (10) years.
(5) That three (3) directors shall manage the affairs of the
association.
(c) An association may not have capital stock. The articles of
association may be amended at any time by supplementary and
amended articles:
(1) signed and acknowledged by a majority of the members of
the association at the time of amendment; and
(2) recorded in the same manner as the original articles.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-3
Notice of election; information
Sec. 3. (a) At least three (3) members of the association may give
notice of an election of the board of directors of the association.
(b) The notice must contain the following information:
(1) The date and time of the election.
(2) The place where the election will be held. The election must
be held at a place:
(A) convenient to voters; and
(B) located within or near the proposed horticultural and
quarantine district.
(c) The notice must be:
(1) published in one (1) newspaper:
(A) in the county; and
(B) of general circulation among the members of the
association; or
(2) delivered in person.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-4
Directors; election; term
Sec. 4. (a) If a majority of the members of the association are
present at the time and place specified in the notice described in
section 3 of this chapter, the members shall elect, by ballot, three (3)
directors from among the membership of the association.
(b) The directors shall immediately determine by lot the directors'
initial terms of office, which are as follows:
(1) One (1) director shall serve a term of one (1) year.
(2) One (1) director shall serve a term of two (2) years.
(3) One (1) director shall serve a term of three (3) years.
(c) Except as provided in subsection (b), the term of a director is
three (3) years. A director shall serve until a successor is elected and
qualified.
(d) The directors shall call an annual meeting of the association
members to elect a director. The directors shall provide notice of the
meeting under section 3 of this chapter. The members shall meet at
the time and place fixed by the directors.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-5
Directors; vacancy
Sec. 5. If a vacancy occurs in the office of a director, the
remaining directors shall fill the vacancy by appointing a temporary
director. The temporary director shall be appointed from among the
members of the association and shall hold office until the next annual
election.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-6
Articles filing; corporate nature and powers; assessment; bylaws
Sec. 6. (a) Before or after the election of directors, the association
shall:
(1) file the articles of association in the office of the secretary
of state; and
(2) record in the recorder's office of each county in which any
part of the proposed horticultural and quarantine district is
situated a duplicate copy of the articles of association.
(b) After the articles of association are filed and recorded, the
association is a body politic and corporate, by the name and style
adopted. The association has all the rights, powers, and privileges
given to corporations to:
(1) sue and be sued, plead and be pleaded, answer and be
answered, in any court with jurisdiction;
(2) borrow money and levy assessments upon the owners of
lands, orchards, trees, and other fruit bearing plants situated in
the district; and
(3) rent, lease, purchase, hold, sell, and convey personal
property as is necessary and proper for the purposes and
objectives of the corporation.
(c) A majority of the members of the association may:
(1) adopt bylaws for the government of the horticultural and
quarantine district; and
(2) make rules as may be necessary to carry the bylaws into
force and effect.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-7
Boundaries; annexation; maximum size; consolidation
Sec. 7. (a) The boundary of a horticultural and quarantine district
shall coincide with a line enclosing the lands owned by the
association members.
(b) A person who is the owner of lands contiguous to a
horticultural and quarantine district is entitled to become a member
of the association at any time by signing the articles of association.
(c) Horticultural and quarantine districts may be increased in size
to not more than twenty (20) square miles of territory by annexing
contiguous territory under this section.
(d) Contiguous horticultural and quarantine districts may be
consolidated if the combined area of the consolidating districts does
not exceed twenty (20) square miles. The question of consolidation
may be submitted to the members of the respective associations at a
joint meeting called for that purpose. If a majority of members
entitled to vote under section 8 of this chapter vote in favor of
consolidation:
(1) a new district comprised of the consolidating districts is
formed; and
(2) the articles of association of the new district shall be filed
and recorded as prescribed in section 6 of this chapter.
(e) Directors of the new district may be chosen at the meeting
called to determine the question of consolidation or at a subsequent
meeting.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-8
Voting rights
Sec. 8. All persons who have:
(1) signed the articles of association; and
(2) paid the assessments levied against them;
are entitled to vote at any meeting of the members of the association
on any question that lawfully comes before the association. Each
member is entitled to one (1) vote on any question.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-9
Officers; records
Sec. 9. (a) The directors shall elect one (1) director to serve as
president and one (1) director to serve as secretary.
(b) The secretary shall also serve as treasurer of the association
and have custody of the the association's money. The secretary shall
execute a bond, with good freehold surety, for double the amount of
money that will probably be received by the secretary at any time
during the secretary's term of office.
(c) The secretary shall:
(1) keep a record of the transactions of the association,
including:
(A) brief minutes of meetings;
(B) the results of elections; and
(C) an itemized account of all receipts and expenditures; and
(2) present a report of the transactions of the association to the
members of the association at the annual meeting.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-10
Withdrawals from treasury
Sec. 10. Money may be drawn from the treasury of an association
only upon the order of a majority of the board of directors. A warrant
must be:
(1) signed by the president of the board of directors; and
(2) attested by the treasurer.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-11
Special meetings; quorum
Sec. 11. (a) A special meeting of the members of the association
may be called at any time by:
(1) a majority of the board of directors; or
(2) five (5) members of the association.
(b) A majority of the members constitute a quorum to transact
ordinary business not required by law to be transacted at the regular
meeting prescribed by law.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-12
Administration by directors; purposes; hiring experts
Sec. 12. (a) The board of directors of any association shall
administer the affairs of an association under this chapter for any or
all the following purposes:
(1) To prevent the spread of contagious diseases among fruit,
fruit trees, and fruit bearing plants.
(2) To provide for the prevention, treatment, cure, and
extirpation of:
(A) fruit pests; and
(B) diseases of fruit and fruit bearing plants.
(3) To:
(A) provide for the purchase and maintenance of spraying
machines, wagons, or other necessary apparatus;
(B) adequately spray fruit trees or other fruit bearing plants;
(C) hire workers and teams to perform the required labor;
and
(D) incur the necessary expense to carry out the purposes of
this chapter.
(4) To hire experts to:
(A) inspect fruit trees and fruit bearing plants found within
the horticultural and quarantine district; and
(B) prescribe the proper methods of treating a disease of the
trees or plants.
(5) To periodically levy assessments on the members as
necessary to administer this chapter and the purposes of the
association.
(6) To actively cooperate with the state entomologist and the
county agents in precautionary measures to prevent the spread
of injurious insects and plant diseases within the district.
(7) To advise, direct, and encourage the activities of the
association.
(b) If directed by a majority vote of the members at any special or
regular meeting, the board of directors of an association may hire
experts to:
(1) inspect fruit trees and fruit bearing plants; and
(2) prescribe the proper methods of treating diseases of fruit
trees or fruit bearing plants.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-13
State entomologist; cooperation
Sec. 13. The state entomologist shall:
(1) cooperate with a horticultural or quarantine association in
the state in efforts to prevent, locate, check, or eradicate
injurious insects or fruit disease; and
(2) periodically or upon request send all available information
relating to injurious insects and plant diseases, including
methods of detection and treatment, to the board of directors of
a horticultural or quarantine association.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-14
County agricultural extension educator ex officio state
entomologist; cooperation
Sec. 14. (a) In counties having a county agricultural extension
educator, the county agricultural extension educator shall be an ex
officio deputy state entomologist for the county and shall:
(1) carry out the instructions of the state entomologist; and
(2) under the direction of the state entomologist, cooperate with
a local horticultural association or society in efforts to prevent,
locate, check, or eradicate injurious insects or fruit diseases.
(b) A county agricultural extension educator may not receive
additional compensation for performing the duties of the deputy state
entomologist.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-15
Assessments for expenses
Sec. 15. To raise money necessary to meet the expenses of
horticultural and quarantine associations, the board of directors shall
assess the individual members of the association in proportion to the
service derived, procured, or obtained by the members from the
association. The assessment must be based on the acreage or number
of trees, plants, vines, or other herbaceous plants in equitable
proportion as the directors consider just.
As added by P.L.2-2008, SEC.7.