CHAPTER 9. TOBACCO FARMERS AND RURAL COMMUNITY IMPACT FUND
IC 4-12-9
Chapter 9. Tobacco Farmers and Rural Community Impact Fund
IC 4-12-9-1
"Fund" defined
Sec. 1. As used in this chapter, “fund" refers to the tobacco
farmers and rural community impact fund established by section 2 of
this chapter.
As added by P.L.21-2000, SEC.7.
IC 4-12-9-2
Establishment and administration of fund; contents; expenses;
investments
Sec. 2. (a) The tobacco farmers and rural community impact fund
is established. The fund shall be administered by the director of the
department of agriculture. The fund consists of:
(1) amounts, if any, that another statute requires to be
distributed to the fund from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund;
and
(4) interest that accrues from money in the fund.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) Notwithstanding IC 5-13, 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 money is invested by the public
employees retirement fund under IC 5-10.3-5. The treasurer of state
may contract with investment management professionals, investment
advisors, and legal counsel to assist in the management of the fund
and may pay the state expenses incurred under those contracts.
(d) Money in the fund at the end of the state fiscal year does not
revert to the state general fund and remains available for expenditure.
As added by P.L.21-2000, SEC.7. Amended by P.L.291-2001,
SEC.73; P.L.1-2006, SEC.60.
IC 4-12-9-3
Use of money in fund
Sec. 3. (a) Subject to subsection (b), money in the fund shall be
used for the following purposes:
(1) Agricultural grant and loan programs to assist cooperative
arrangements consisting of tobacco quota owners and tobacco
growers working together to transition from tobacco production
to other agricultural enterprises and to assist individual tobacco
quota owners and tobacco growers who are in the process of
transitioning to other agricultural enterprises.
(2) Value-added cooperatives, incubators, and other enterprises
or facilities established for the purpose of assisting tobacco
quota owners and tobacco growers to capture additional
revenues from non-tobacco agricultural commodities.
(3) Agricultural mentoring programs, entrepreneurial leadership
development, and tuition and scholarships to assist displaced
tobacco growers in acquiring new training and employment
skills.
(4) Academic research to identify new transitional crop
enterprises to replace tobacco production.
(5) Market facility development for marketing current and new
crop enterprises.
(6) Administrative and planning services for local communities
and economic development entities that suffer a negative impact
from the loss of tobacco production.
(7) Establishment and operation of a regional economic
development consortium to address common problems faced by
local communities that suffer a negative impact from the loss of
tobacco production.
(b) Expenditures from the fund are subject to appropriation by the
general assembly and approval by the director of the department of
agriculture. The director of the department of agriculture may not
approve an expenditure from the fund unless that expenditure has
been recommended by the advisory board established by section 4 of
this chapter.
As added by P.L.21-2000, SEC.7. Amended by P.L.291-2001,
SEC.74; P.L.1-2006, SEC.61.
IC 4-12-9-4
Advisory board
Sec. 4. (a) The tobacco farmers and rural community impact fund
advisory board is established. The advisory board shall meet at least
quarterly and at the call of the director of the department of
agriculture to make recommendations concerning expenditures of
money from the fund.
(b) The advisory board consists of the following:
(1) The director of the department of agriculture, who is an ex
officio member and serves as chairperson of the advisory board.
(2) Two (2) members of the senate, who may not be members
of the same political party, appointed by the president pro
tempore of the senate.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives.
(4) The following appointees by the governor who represent the
following organizations or interests:
(A) Two (2) tobacco growers.
(B) One (1) tobacco quota owner.
(C) Two (2) persons with knowledge and experience in state
and regional economic development needs.
(D) One (1) person representing small towns or rural
communities.
(E) One (1) person representing the Southern Indiana Rural
Development Project.
(F) One (1) person representing agricultural programs at
universities located in Indiana.
The members of the advisory board listed in subdivisions (1) through
(3) are nonvoting members. The members of the advisory board
listed in subdivision (4) are voting members.
(c) The term of office of a legislative member of the advisory
board is four (4) years. However, a legislative member of the
advisory board ceases to be a member of the advisory board if the
member:
(1) is no longer a member of the chamber from which the
member was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removed
at any time by the appointing authority who appointed the legislative
member.
(e) The term of office of a member of the advisory board
appointed under subsection (b)(4) is four (4) years. However, these
members serve at the pleasure of the governor and may be removed
for any reason.
(f) If a vacancy exists on the advisory board with respect to a
legislative member or the members appointed under subsection
(b)(4), the appointing authority who appointed the former member
whose position has become vacant shall appoint an individual to fill
the vacancy for the balance of the unexpired term.
(g) Five (5) voting members of the advisory board constitute a
quorum for the transaction of business at a meeting of the advisory
board. The affirmative vote of at least five (5) voting members of the
advisory board is necessary for the advisory board to take action.
(h) Each member of the advisory board who is not a state
employee is not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(i) Each member of the advisory board who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(j) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
(k) Payments authorized for members of the advisory board under
subsections (h) through (i) are payable from the tobacco farmers and
rural community impact fund.
As added by P.L.291-2001, SEC.75. Amended by P.L.1-2006,
SEC.62; P.L.144-2006, SEC.10.