IC 15TITLE 15. AGRICULTURE AND ANIMALS
           Art. 1.REPEALED
           Art. 1.5.REPEALED
           Art. 2.REPEALED
           Art. 2.1.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.REPEALED
           Art. 9.REPEALED
           Art. 10.EFFECT OF RECODIFICATION OF TITLE 15
           Art. 11.DEPARTMENT OF AGRICULTURE
           Art. 12.AGRICULTURAL ASSISTANCE ORGANIZATIONS AND PROGRAMS
           Art. 13.STATE FAIR
           Art. 14.AGRICULTURAL FAIRS, ASSOCIATIONS, AND SOCIETIES
           Art. 15.HORTICULTURE PRODUCTS
           Art. 16.HORTICULTURE CONTROL
           Art. 17.ANIMAL HEALTH AND ANIMAL PRODUCTS
           Art. 18.DAIRY PRODUCTS
           Art. 19.LIVESTOCK
           Art. 20.ANIMAL CONTROL
           Art. 21.COMMERCIAL DOG BREEDER REGULATION

 

IC 15-1ARTICLE 1. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-1.5ARTICLE 1.5. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-2ARTICLE 2. REPEALED

Repealed by Acts 1976, P.L.59, SEC.4.

 

IC 15-2.1ARTICLE 2.1. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-3ARTICLE 3. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-4ARTICLE 4. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-5ARTICLE 5. REPEALED

[Pre-Local Government Recodification Citation:

15-5-9-17              formerly 18-3-1-47 part.]

Repealed by P.L.2-2008, SEC.83.

 

IC 15-6ARTICLE 6. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-7ARTICLE 7. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-8ARTICLE 8. REPEALED

Repealed by P.L.1-2007, SEC.248.

 

IC 15-9ARTICLE 9. REPEALED

Repealed by P.L.2-2008, SEC.83.

 

IC 15-10ARTICLE 10. EFFECT OF RECODIFICATION OF TITLE 15
           Ch. 1.Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly

 

IC 15-10-1Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly
           15-10-1-1"Prior law"
           15-10-1-2Purpose of recodification
           15-10-1-3Statutory construction of recodification
           15-10-1-4Effect of recodification
           15-10-1-5Recodification of prior law
           15-10-1-6References to repealed statutes
           15-10-1-7References to citations
           15-10-1-8References to prior rules
           15-10-1-9References to prior law

 

IC 15-10-1-1"Prior law"

     Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning agriculture and animals that are repealed or amended in the recodification act of the 2008 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2008 regular session of the general assembly. The term includes statutes that are recodified outside this title by the recodification act of the 2008 regular session of the general assembly, such as law related to veterinarians and destruction of animals.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-2Purpose of recodification

     Sec. 2. The purpose of the recodification act of the 2008 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 2008 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2008 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 2007 expressly indicate a different purpose;

the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2008 regular session of the general assembly had not been enacted.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-3Statutory construction of recodification

     Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2008 regular session of the general assembly.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-4Effect of recodification

     Sec. 4. (a) The recodification act of the 2008 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2008 regular session of the general assembly (July 1, 2008). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2008 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 2008 regular session of the general assembly does not:

(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior law.

     (c) The recodification act of the 2008 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-5Recodification of prior law

     Sec. 5. The recodification act of the 2008 regular session of the general assembly shall be construed as a recodification of prior law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2008 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2008 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 2008 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2008 regular session of the general assembly to the extent that the recodification act of the 2008 regular session of the general assembly is not substantively identical to the prior law.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-6References to repealed statutes

     Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2008 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-7References to citations

     Sec. 7. A citation reference in the recodification act of the 2008 regular session of the general assembly to another provision of the recodification act of the 2008 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2008 regular session of the general assembly that is referred to by the citation reference.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-8References to prior rules

     Sec. 8. (a) As used in the recodification act of the 2008 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2008 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2008 regular session of the general assembly; or

(2) rules adopted under the prior law until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior law continue in effect after June 30, 2008, until the rules are amended, repealed, or suspended.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-10-1-9References to prior law

     Sec. 9. (a) A reference in the recodification act of the 2008 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2008 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 2008 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2008 regular session of the general assembly (July 1, 2008). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2008 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 2008 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2008 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2008 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.1.

 

IC 15-11ARTICLE 11. DEPARTMENT OF AGRICULTURE
           Ch. 1.Definitions
           Ch. 2.Establishment of the Department
           Ch. 3.Director
           Ch. 4.Division of Soil Conservation
           Ch. 5.Promotion of Livestock Industry
           Ch. 6.Promotion of International Markets and Agricultural Trade
           Ch. 7.Promotion of Diversified Farming
           Ch. 8.Inspection of Grain Moisture Testing Equipment
           Ch. 9.Center for Value Added Research
           Ch. 10.Repealed
           Ch. 11.Repealed
           Ch. 12.Indiana Grown Initiative
           Ch. 14.Farm Commodities and Market News Service

 

IC 15-11-1Chapter 1. Definitions
           15-11-1-1Application of definitions
           15-11-1-2"Department"
           15-11-1-3"Director"
           15-11-1-4"Division"
           15-11-1-5"Secretary"

 

IC 15-11-1-1Application of definitions

     Sec. 1. The definitions in this chapter apply throughout this article.

[Pre-2008 Recodification Citation: 15-9-1-1.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-1-2"Department"

     Sec. 2. "Department" refers to the Indiana state department of agriculture established by IC 15-11-2-1.

[Pre-2008 Recodification Citations: part formerly 4-4-3.2-1(a); 15-9-1-2.]

As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.24.

 

IC 15-11-1-3"Director"

     Sec. 3. "Director" refers to the director of the Indiana state department of agriculture appointed under IC 15-11-3-1.

[Pre-2008 Recodification Citations: part formerly 4-4-3.3-1; 15-9-1-3.]

As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.25.

 

IC 15-11-1-4"Division"

     Sec. 4. "Division" refers to the division of soil conservation established by IC 15-11-4-1.

[Pre-2008 Recodification Citation: 15-9-1-4.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-1-5"Secretary"

     Sec. 5. "Secretary" refers to the lieutenant governor as secretary of agriculture and rural development as provided in IC 4-4-2.3.

[Pre-2008 Recodification Citation: 15-9-1-5.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-2Chapter 2. Establishment of the Department
           15-11-2-1Indiana state department of agriculture established
           15-11-2-2Director's authority
           15-11-2-3Duties of the department
           15-11-2-4Promotion of E85 fuel
           15-11-2-5Rules
           15-11-2-6Policy; promotion of agricultural business
           15-11-2-7Confidential records

 

IC 15-11-2-1Indiana state department of agriculture established

     Sec. 1. The Indiana state department of agriculture is established.

[Pre-2008 Recodification Citation: 15-9-2-1.]

As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.26.

 

IC 15-11-2-2Director's authority

     Sec. 2. The director is the chief executive and administrative officer of the department.

[Pre-2008 Recodification Citation: 15-9-2-2.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-2-3Duties of the department

     Sec. 3. (a) As used in this section, "biomass" means agriculturally based sources of renewable energy, including the following:

(1) Agricultural crops.

(2) Agricultural wastes and residues.

(3) Wood and wood byproducts, including the following:

(A) Wood residue.

(B) Forest thinning.

(C) Mill residue wood.

(4) Animal wastes.

(5) Animal byproducts.

(6) Aquatic plants.

(7) Algae.

The term does not include waste from construction and demolition.

     (b) The department shall do the following:

(1) Provide administrative and staff support for the following:

(A) The state fair board for purposes of carrying out the director's duties under IC 15-13-5.

(B) The Indiana corn marketing council for purposes of administering the duties of the director under IC 15-15-12.

(C) The Indiana organic peer review panel under IC 15-15-8.

(D) The Indiana dairy industry development board for purposes of administering the duties of the director under IC 15-18-5.

(E) The Indiana land resources council under IC 15-12-5.

(F) The Indiana grain buyers and warehouse licensing agency under IC 26-3-7.

(G) The Indiana grain indemnity corporation under IC 26-4-3.

(H) The division.

(2) Administer the election of state fair board members under IC 15-13-5.

(3) Administer state programs and laws promoting agricultural trade.

(4) Administer state livestock or agriculture marketing grant programs.

(5) Administer economic development efforts for agriculture by doing the following:

(A) Promoting value added agricultural resources.

(B) Marketing Indiana agriculture to businesses internationally.

(C) Assisting Indiana agricultural businesses with developing partnerships with the Indiana economic development corporation.

(D) Soliciting private funding for selective economic development and trade initiatives.

(E) Providing for the orderly economic development and growth of Indiana's agricultural economy.

(F) Facilitating the use of biomass and algae production systems to generate renewable energy.

(6) Carry out the department's duties under IC 23-15-12.

[Pre-2008 Recodification Citation: 15-9-2-3.]

As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.27; P.L.71-2009, SEC.3; P.L.95-2010, SEC.2; P.L.109-2015, SEC.35; P.L.97-2017, SEC.2.

 

IC 15-11-2-4Promotion of E85 fuel

     Sec. 4. The department shall work with:

(1) automobile manufacturers to improve awareness and labeling of E85 fuel; and

(2) the appropriate companies to include E85 fuel stations in updates of global positioning navigation software.

[Pre-2008 Recodification Citation: 15-9-2-4.]

As added by P.L.2-2008, SEC.2. Amended by P.L.109-2015, SEC.36.

 

IC 15-11-2-5Rules

     Sec. 5. The department may adopt rules under IC 4-22-2 to carry out the duties, purposes, and functions of the department.

[Pre-2008 Recodification Citation: 15-9-2-4.5.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-2-6Policy; promotion of agricultural business

     Sec. 6. (a) The general assembly declares that it is the policy of the state to conserve, protect, and encourage the development and improvement of agriculture, agricultural businesses, and agricultural land for the production of food, fuel, fiber, and other agricultural products. The Indiana Code shall be construed to protect the rights of farmers to choose among all generally accepted farming and livestock production practices, including the use of ever changing technology.

     (b) The department shall promote the growth of agricultural businesses by doing the following:

(1) Assisting agricultural businesses with the permit process required to conduct business in Indiana.

(2) Serving as a liaison between agricultural businesses, state agencies, and local units of government.

As added by P.L.120-2008, SEC.28. Amended by P.L.25-2014, SEC.1.

 

IC 15-11-2-7Confidential records

     Sec. 7. The department may keep records submitted to the department by a livestock producer under a voluntary certification program confidential.

As added by P.L.120-2008, SEC.29.

 

IC 15-11-3Chapter 3. Director
           15-11-3-1Appointment of the director
           15-11-3-2Director; service; compensation; responsibilities
           15-11-3-3Employees; appointment; compensation
           15-11-3-4Delegation of authority
           15-11-3-5Establishment of advisory board

 

IC 15-11-3-1Appointment of the director

     Sec. 1. The governor shall appoint the director of the department.

[Pre-2008 Recodification Citation: 15-9-3-1.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-3-2Director; service; compensation; responsibilities

     Sec. 2. The director:

(1) serves at the governor's pleasure;

(2) is entitled to receive compensation in an amount set by the governor; and

(3) is responsible to the secretary.

[Pre-2008 Recodification Citation: 15-9-3-2.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-3-3Employees; appointment; compensation

     Sec. 3. The director may appoint employees and fix their compensation, subject to the approval of the budget agency under IC 4-12-1-13.

[Pre-2008 Recodification Citation: 15-9-3-3.]

As added by P.L.2-2008, SEC.2. Amended by P.L.6-2012, SEC.107.

 

IC 15-11-3-4Delegation of authority

     Sec. 4. The director may delegate the director's authority to the appropriate department staff.

[Pre-2008 Recodification Citation: 15-9-3-4.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-3-5Establishment of advisory board

     Sec. 5. The director shall establish a board to advise the department in the implementation of the department's duties.

[Pre-2008 Recodification Citation: 15-9-3-5.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-4Chapter 4. Division of Soil Conservation
           15-11-4-1Division of soil conservation established
           15-11-4-2Head of division
           15-11-4-3Duties of division

 

IC 15-11-4-1Division of soil conservation established

     Sec. 1. The division of soil conservation is established in the department.

[Pre-2008 Recodification Citation: 15-9-4-1.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-4-2Head of division

     Sec. 2. The director is the administrative head of the division.

[Pre-2008 Recodification Citation: 15-9-4-2.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-4-3Duties of division

     Sec. 3. (a) The division shall do the following:

(1) Provide administrative and staff support for the soil conservation board.

(2) Administer all programs relating to land and soil conservation in Indiana.

(3) Manage Indiana's watersheds.

(4) Administer the clean water Indiana program.

(5) Perform other functions assigned by the secretary or the director.

     (b) The duties of the division do not include administering the Lake Michigan Coastal program. The Lake Michigan Coastal program shall administer the state's compliance with and provide assistance under the federal Coastal Zone Management Act (16 U.S.C. 1451 et seq.).

[Pre-2008 Recodification Citation: 15-9-4-3.]

As added by P.L.2-2008, SEC.2. Amended by P.L.95-2016, SEC.7.

 

IC 15-11-5Chapter 5. Promotion of Livestock Industry
           15-11-5-1"Livestock"
           15-11-5-2"Fund"
           15-11-5-3Department's duties
           15-11-5-4Livestock industry promotion and development fund
           15-11-5-5Grants from fund
           15-11-5-6Matching amounts for grants from fund
           15-11-5-7Eligibility for grants
           15-11-5-8Rules

 

IC 15-11-5-1"Livestock"

     Sec. 1. As used in this chapter, "livestock" includes the following:

(1) Beef cattle, dairy cattle, and other animals of the bovine species.

(2) Swine and other animals of the porcine species.

(3) Sheep and other members of the ovine species.

(4) Horses, mules, burros, asses, and other animals of the equine species.

(5) Goats and other members of the caprine species.

(6) Poultry and other birds of the avian species.

(7) Ostriches, rhea, emus, and other birds of the ratite species.

(8) Camels, llamas, and other members of the camelid species.

(9) Farm raised deer, elk, moose, and other members of the cervidae species.

(10) Bison.

(11) Aquatic animals that are the subject of aquaculture.

(12) Rabbits.

[Pre-2008 Recodification Citation: 4-4-3.2-1(b).]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-5-2"Fund"

     Sec. 2. As used in this chapter, "fund" refers to the livestock industry promotion and development fund established by section 4(a) of this chapter.

[Pre-2008 Recodification Citation: 4-4-3.2-3(a) part.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-5-3Department's duties

     Sec. 3. The department shall aid, encourage, foster, and promote the development and improvement of the livestock industry throughout Indiana.

[Pre-2008 Recodification Citation: 4-4-3.2-2.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-5-4Livestock industry promotion and development fund

     Sec. 4. (a) The livestock industry promotion and development fund is established as a dedicated fund to be administered by the department.

     (b) Money in the fund must be spent by the department:

(1) exclusively for the purposes described in this chapter and IC 15-11-14, including administrative expenses; and

(2) throughout Indiana.

     (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, if the fund is abolished, the money in the fund reverts to the state general fund.

     (d) There is annually appropriated to the department the entire amount of money in the fund for the use of the department in carrying out the purposes of this chapter.

     (e) The department may solicit grants and gifts from public or private sources for the fund.

[Pre-2008 Recodification Citation: 4-4-3.2-3(a) part; (b); (c); (d).]

As added by P.L.2-2008, SEC.2. Amended by P.L.133-2015, SEC.1; P.L.202-2015, SEC.1.

 

IC 15-11-5-5Grants from fund

     Sec. 5. The department may make grants from the fund to associations or organizations for the following purposes:

(1) To conduct or support livestock industry shows, sales, expositions, conventions, or similar events throughout Indiana consistent with the purposes of this chapter.

(2) To support expanding markets for Indiana livestock producers by encouraging the development of business and industry related to livestock production, processing, and distribution.

[Pre-2008 Recodification Citation: 4-4-3.2-4.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-5-6Matching amounts for grants from fund

     Sec. 6. (a) An association or organization may not qualify for or be eligible to receive any part of the fund awarded as grants unless there is provided and made available from sources other than the fund an amount for grants equal to or in excess of that allocated from the fund under this chapter.

     (b) Funds approved and designated by the department for purposes other than grant awards are exempt from the matching fund requirements for grant awards under subsection (a).

[Pre-2008 Recodification Citation: 4-4-3.2-5.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-5-7Eligibility for grants

     Sec. 7. An association or organization must be a nonprofit entity to be eligible for grants under this chapter.

[Pre-2008 Recodification Citation: 4-4-3.2-6.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-5-8Rules

     Sec. 8. The department may adopt rules under IC 4-22-2 to carry out this chapter.

[Pre-2008 Recodification Citation: 4-4-3.2-7.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-6Chapter 6. Promotion of International Markets and Agricultural Trade
           15-11-6-1Director's responsibilities
           15-11-6-2Offices promoting international markets
           15-11-6-3Repealed
           15-11-6-4Repealed
           15-11-6-5Repealed
           15-11-6-6Repealed

 

IC 15-11-6-1Director's responsibilities

     Sec. 1. The director is responsible for foreign market promotion for agricultural products through the following:

(1) Creating a report and plan for international trade.

(2) Working in partnership with the Food Export Association of the Midwest.

(3) Conducting and participating in foreign trade missions.

(4) Providing education on export and export opportunities for Indiana agricultural businesses.

[Pre-2008 Recodification Citation: 4-4-3.3-2.]

As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.30.

 

IC 15-11-6-2Offices promoting international markets

     Sec. 2. Within the limit of funds specifically appropriated for that purpose, the director may establish and maintain offices in foreign countries for the purpose of promoting international markets for Indiana agricultural products.

[Pre-2008 Recodification Citation: 4-4-3.3-3.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-6-3Repealed

[Pre-2008 Recodification Citation: 4-4-3.3-4.]

As added by P.L.2-2008, SEC.2. Repealed by P.L.120-2008, SEC.94.

 

IC 15-11-6-4Repealed

[Pre-2008 Recodification Citation: 4-4-3.3-5.]

As added by P.L.2-2008, SEC.2. Repealed by P.L.120-2008, SEC.94.

 

IC 15-11-6-5Repealed

[Pre-2008 Recodification Citation: 4-4-3.3-6.]

As added by P.L.2-2008, SEC.2. Repealed by P.L.120-2008, SEC.94.

 

IC 15-11-6-6Repealed

[Pre-2008 Recodification Citation: 4-4-3.3-7.]

As added by P.L.2-2008, SEC.2. Repealed by P.L.120-2008, SEC.94.

 

IC 15-11-7Chapter 7. Promotion of Diversified Farming
           15-11-7-1"Aquaculture"
           15-11-7-1.3"Diversified farming"
           15-11-7-1.6"Specialty crop"
           15-11-7-2Director's responsibilities
           15-11-7-3Grant and loan consideration

 

IC 15-11-7-1"Aquaculture"

     Sec. 1. As used in this chapter, "aquaculture" means a form of agriculture that is the controlled cultivation and harvest of aquatic plants and animals.

[Pre-2008 Recodification Citation: 4-4-3.8-1.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-7-1.3"Diversified farming"

     Sec. 1.3. As used in this chapter, "diversified farming" means new, emerging, and small scale agricultural markets, including alternative and niche agricultural markets.

As added by P.L.120-2008, SEC.31.

 

IC 15-11-7-1.6"Specialty crop"

     Sec. 1.6. As used in this chapter, "specialty crop" means any fruit, vegetable, tree nut, dried fruit, and nursery crop, including floriculture.

As added by P.L.120-2008, SEC.32.

 

IC 15-11-7-2Director's responsibilities

     Sec. 2. The director shall do the following:

(1) Prepare an annual report that contains information and market research concerning diversified farming.

(2) Instigate the formation of a market and development plan for diversified farming.

(3) Encourage the development and growth of diversified farming, aquaculture, and specialty crops through education programs.

(4) Administer the United States Department of Agriculture Specialty Crop Block Grant Program.

(5) Identify diversified farming opportunities.

(6) Create a healthy network to better connect farmers to available resources.

(7) Aggressively promote the opportunities and benefits of agricultural diversification.

[Pre-2008 Recodification Citation: 4-4-3.8-2.]

As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.33.

 

IC 15-11-7-3Grant and loan consideration

     Sec. 3. A person engaged in the business of aquaculture is entitled to the same consideration for a grant or loan under the statutes or administrative rules of the state as a person engaged in other forms of farming.

[Pre-2008 Recodification Citation: 4-4-3.8-3.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-8Chapter 8. Inspection of Grain Moisture Testing Equipment
           15-11-8-1Annual inspection and testing of equipment
           15-11-8-2Seals on tested equipment
           15-11-8-3Fees
           15-11-8-4Appropriation
           15-11-8-5Rules
           15-11-8-6Department's powers
           15-11-8-7Posting laws and rules
           15-11-8-8Use of equipment without seal; offense

 

IC 15-11-8-1Annual inspection and testing of equipment

     Sec. 1. The director or the director's designee shall, at least one (1) time each year, inspect and test all equipment used to test:

(1) the moisture; and

(2) the foreign material and dockage;

content of grain purchased, sold, or exchanged in Indiana.

[Pre-2008 Recodification Citation: 4-4-27-1.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-8-2Seals on tested equipment

     Sec. 2. Each piece of equipment that is tested under this chapter and found to be accurate according to rules or standards prescribed by the National Institute of Standards and Technology, the United States Department of Agriculture, and the department must bear a seal issued by the office of the director that contains the following information:

(1) A statement that the equipment has been tested for accuracy.

(2) The date of inspection.

(3) The expiration date of the seal.

[Pre-2008 Recodification Citation: 4-4-27-2.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-8-3Fees

     Sec. 3. (a) The director or the director's designee shall charge each inspection site a two hundred dollar ($200) fee for each moisture testing device inspected at the inspection site under this chapter.

     (b) All fees collected under this section must be deposited in the grain buyers and warehouse licensing agency license fee fund established by IC 26-3-7-6.3.

[Pre-2008 Recodification Citation: 4-4-27-3.]

As added by P.L.2-2008, SEC.2. Amended by P.L.60-2015, SEC.1.

 

IC 15-11-8-4Appropriation

     Sec. 4. Money is appropriated to the department to carry out this chapter.

[Pre-2008 Recodification Citation: 4-4-27-4.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-8-5Rules

     Sec. 5. The department may adopt rules under IC 4-22-2 to administer this chapter.

[Pre-2008 Recodification Citation: 4-4-27-5.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-8-6Department's powers

     Sec. 6. The department may:

(1) employ persons;

(2) make expenditures;

(3) require reports and records;

(4) make investigations; and

(5) take other action;

that the department considers necessary or suitable for the proper administration of this chapter.

[Pre-2008 Recodification Citation: 4-4-27-6.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-8-7Posting laws and rules

     Sec. 7. A copy of this chapter and the rules adopted under this chapter must be posted in a conspicuous manner at every commercial grain buying site.

[Pre-2008 Recodification Citation: 4-4-27-7.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-8-8Use of equipment without seal; offense

     Sec. 8. A person who recklessly uses equipment:

(1) to ascertain the moisture and the foreign material and dockage content of grain in the process of commercial buying or selling of grain; and

(2) that does not bear the seal required by section 2 of this chapter;

commits a Class B misdemeanor.

[Pre-2008 Recodification Citation: 4-4-27-8.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-9Chapter 9. Center for Value Added Research
           15-11-9-1Center for value added research; duties
           15-11-9-2Repealed
           15-11-9-3Repealed
           15-11-9-4Value added research fund

 

IC 15-11-9-1Center for value added research; duties

     Sec. 1. The director shall perform the following duties:

(1) Work with each county to develop an annual strategic assessment of Indiana agricultural industries and establish targeted priorities for industry expansion.

(2) Develop recommendations for legislative and administrative programs that will enhance economic development in the targeted agricultural industries.

(3) Establish cooperative industry research and development initiatives that lead to new agricultural industry opportunities in Indiana.

(4) Serve as a resource for industry in the planning, promotion, and development of value added agricultural products and agricultural industry opportunities in Indiana, including product feasibility, market feasibility, economic feasibility, product development, product testing, and test marketing.

(5) Serve as a resource for industry and the state in attracting value added agricultural industry to Indiana.

(6) Develop private sector research funding and technology transfer programs commensurate with the state's targeted agricultural industry economic development objectives.

(7) Provide a forum for continuing dialogue among industry, government, and researchers in addressing the needs and opportunities for expanding the value added agricultural industry.

[Pre-2008 Recodification Citation: 21-46-2-1.]

As added by P.L.2-2008, SEC.2. Amended by P.L.1-2009, SEC.112.

 

IC 15-11-9-2Repealed

[Pre-2008 Recodification Citation: 21-46-2-2.]

As added by P.L.2-2008, SEC.2. Repealed by P.L.120-2008, SEC.94.

 

IC 15-11-9-3Repealed

[Pre-2008 Recodification Citation: 21-46-2-3.]

As added by P.L.2-2008, SEC.2. Repealed by P.L.120-2008, SEC.94.

 

IC 15-11-9-4Value added research fund

     Sec. 4. (a) The value added research fund is established to provide money for:

(1) the center for value added research; and

(2) the director to carry out the duties specified under this chapter.

     (b) The director shall administer the fund.

     (c) The fund consists of money appropriated by the general assembly.

     (d) 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 funds may be invested.

     (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

[Pre-2008 Recodification Citation: 21-46-2-4.]

As added by P.L.2-2008, SEC.2.

 

IC 15-11-10Chapter 10. Repealed

[Pre-2008 Recodification Citations:

15-11-10-1            New

15-11-10-2            formerly 4-12-9-1

15-11-10-3            formerly 4-12-9-2

15-11-10-4            formerly 4-12-9-3

15-11-10-5            formerly subsection (a) formerly 4-12-9-4(a); subsection (b) formerly 4-12-9-4(b)

15-11-10-6            formerly subsection (a) formerly 4-12-9-4(c); subsection (b) formerly 4-12-9-4(d); subsection (c) formerly 4-12-9-4(e); subsection (d) formerly 4-12-9-4(f)

15-11-10-7            formerly 4-12-9-4(g)

15-11-10-8            formerly subsection (a) formerly 4-12-9-4(h); subsection (b) formerly 4-12-9-4(i); subsection (c) formerly 4-12-9-4(j); subsection (d) formerly 4-12-9-4(k).]

Repealed by P.L.133-2012, SEC.179; P.L.126-2012, SEC.65.

 

IC 15-11-11Chapter 11. Repealed

[Pre-2008 Recodification Citations:

15-11-11-1            formerly 15-9-5-1

15-11-11-2            formerly 15-9-5-2

15-11-11-3            formerly 15-9-5-3

15-11-11-4            formerly 15-9-5-4

15-11-11-5            formerly 15-9-5-5

15-11-11-6            formerly 15-9-5-6

15-11-11-7            formerly 15-9-5-7

15-11-11-8            formerly 15-9-5-8

15-11-11-9            formerly 15-9-5-9

15-11-11-10          formerly 15-9-5-10

15-11-11-11          formerly 15-9-5-11

15-11-11-12          formerly 15-9-5-12

15-11-11-13          formerly 15-9-5-13.]

Repealed by P.L.109-2015, SEC.37.

 

IC 15-11-12Chapter 12. Indiana Grown Initiative
           15-11-12-1"Commission"
           15-11-12-2"Program"
           15-11-12-3Commission established
           15-11-12-4Members; terms
           15-11-12-5Meetings
           15-11-12-6Quorum
           15-11-12-7Reimbursement of members
           15-11-12-8Program established; administration; fees; rules; commission responsibilities
           15-11-12-9Indiana grown initiative fund
           15-11-12-10Annual report

 

IC 15-11-12-1"Commission"

     Sec. 1. As used in this chapter, "commission" refers to the Indiana grown commission established by section 3 of this chapter.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-2"Program"

     Sec. 2. As used in this chapter, "program" refers to the Indiana grown initiative program established by section 8 of this chapter.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-3Commission established

     Sec. 3. The Indiana grown commission is established.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-4Members; terms

     Sec. 4. (a) The commission consists of the following members:

(1) The director or the director's designee, as an ex officio member, who serves as chairperson of the commission.

(2) Two (2) members who represent an organization or association that represents the agriculture industry and growers of Indiana produced agricultural products, with one (1) of the members representing the state's largest general farming organization.

(3) Two (2) members who represent an organization or association that represents restaurants that sell Indiana produced agricultural products.

(4) Two (2) members who represent an organization or association that represents retailers that sell Indiana produced agricultural products.

(5) Two (2) members who represent farmers' markets that sell Indiana produced agricultural products. The members may not be producers of agricultural products.

(6) Two (2) members who have expertise in marketing, promotions, or agritourism.

(7) The dean of the college of agriculture of Purdue University or the dean's designee, as an ex officio member.

The secretary shall appoint the members under subdivisions (2) through (6).

     (b) The term of a member appointed under subsection (a)(2) through (a)(6) is three (3) years. The secretary may stagger the initial terms of the members under this subsection.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-5Meetings

     Sec. 5. The commission shall meet at least quarterly at the call of the chairperson.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-6Quorum

     Sec. 6. Seven (7) voting members of the commission constitute a quorum.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-7Reimbursement of members

     Sec. 7. (a) A member of the commission is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). However, a member 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.

     (b) Expenses under this section shall be paid from money in the Indiana grown initiative fund established by section 9(a) of this chapter. However, if there is insufficient money in the fund to pay the expenses, the department shall reimburse the expenses from funds appropriated to the department.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-8Program established; administration; fees; rules; commission responsibilities

     Sec. 8. (a) The Indiana grown initiative program is established to market and promote Indiana produced agricultural products to Indiana residents, restaurants, grocery stores, farmers' markets, wholesalers, processors, and other retail businesses.

     (b) The department shall develop, administer, market, and promote the program.

     (c) The department may establish fees for participation in the program. Any fees collected must be deposited into the fund.

     (d) The department may adopt rules under IC 4-22-2 to administer this chapter.

     (e) The department shall provide administrative support for the commission and program.

     (f) The commission shall provide comment and policy feedback on the program to the department.

     (g) The commission may provide technical assistance and industry knowledge for the program.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-9Indiana grown initiative fund

     Sec. 9. (a) The Indiana grown initiative fund is established for the purpose of carrying out the purposes of this chapter. The fund shall be administered by the department.

     (b) The fund consists of the following:

(1) Fees collected under this chapter.

(2) Appropriations.

(3) Gifts, contributions, and grants.

     (c) The expenses of administering the fund shall be paid from money in the fund.

     (d) 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.

     (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-12-10Annual report

     Sec. 10. (a) Before November 1 of each year, the commission shall submit a report to the legislative council that:

(1) details the commission's activities under this chapter during the preceding state fiscal year;

(2) recommends any legislation the commission considers useful in coordinating and streamlining the efforts of state government to assist and encourage the establishment and growth of small businesses in Indiana; and

(3) provides any other information determined by the commission.

     (b) The annual report submitted under this section must be in an electronic format under IC 5-14-6.

As added by P.L.173-2014, SEC.1.

 

IC 15-11-14Chapter 14. Farm Commodities and Market News Service
           15-11-14-1Promotion of marketing and distribution of farm commodities; pilot program
           15-11-14-2Cooperative agreements

 

IC 15-11-14-1Promotion of marketing and distribution of farm commodities; pilot program

     Sec. 1. (a) Beginning July 1, 2017, the department may:

(1) implement and promote a program to supply to the agriculture industry marketing assistance that provides unbiased price and sales information to assist in the marketing and distribution of farm commodities; and

(2) implement and maintain a market news service for the purpose of disseminating information that will aid producers and consumers in the sale and purchase of agricultural products.

     (b) Beginning July 1, 2015, the department may develop and implement a pilot program that incorporates the requirements in subsection (a). A pilot program established under this subsection must:

(1) be designed in a manner that will allow for the expansion of information that is provided in the future based on the needs of the agricultural industry; and

(2) focus on livestock and forage products.

A pilot program established under this subsection expires July 1, 2017.

As added by P.L.133-2015, SEC.2; P.L.202-2015, SEC.2.

 

IC 15-11-14-2Cooperative agreements

     Sec. 2. The department may negotiate and enter into cooperative agreements with the United States Department of Agriculture or any other appropriate federal agency to implement this chapter.

As added by P.L.133-2015, SEC.2; P.L.202-2015, SEC.2.

 

IC 15-12ARTICLE 12. AGRICULTURAL ASSISTANCE ORGANIZATIONS AND PROGRAMS
           Ch. 1.Agricultural Cooperatives
           Ch. 2.Indiana Rural Rehabilitation Corporation
           Ch. 3.Repurchase of Farm or Industrial Machinery Inventory
           Ch. 4.Mediation Program
           Ch. 5.Indiana Land Resources Council

 

IC 15-12-1Chapter 1. Agricultural Cooperatives
           15-12-1-1Purpose; legislative declaration
           15-12-1-2Application of definitions in IC 23-1
           15-12-1-3"Agricultural products"
           15-12-1-4"Association"
           15-12-1-5"Member"
           15-12-1-6"Person"
           15-12-1-7Associations governed as nonprofit corporations
           15-12-1-8Eligibility to form an association
           15-12-1-9Authorized activities
           15-12-1-10Association; powers
           15-12-1-11Association; membership; issuance of stock
           15-12-1-12Articles of incorporation
           15-12-1-12Articles of incorporation
           15-12-1-13Presentation of articles of incorporation
           15-12-1-14Association; merging, consolidating, or dissolving association; amending articles of incorporation
           15-12-1-15Bylaws; adoption and amendment; scope
           15-12-1-16Association; meetings; special meetings
           15-12-1-17Board of directors; management of association
           15-12-1-18Board of directors; election; terms
           15-12-1-19Board of directors; districts; primary elections
           15-12-1-20Board of directors; appointment
           15-12-1-21Board of directors; payment; restrictions
           15-12-1-22Executive committee; powers
           15-12-1-23Board of directors; vacancies
           15-12-1-24Board of directors; eligibility
           15-12-1-25Board of directors; financial report; records
           15-12-1-26Extension of credit
           15-12-1-27Election of officers
           15-12-1-28Membership certificates
           15-12-1-29Voting stock; votes; transfer
           15-12-1-30Distribution of dividends
           15-12-1-31Redemption of stock
           15-12-1-32Issuance of various classes of stock
           15-12-1-33Officers and director; charges; removal
           15-12-1-34Marketing contracts
           15-12-1-35Remedies for breach of contract
           15-12-1-36Purchase of property or stock in another entity
           15-12-1-37Biennial report; contents; form; delivery
           15-12-1-38Disclosure of financial condition; offense
           15-12-1-39Application of other laws
           15-12-1-40Limitation on the use of the term "cooperative"
           15-12-1-41Membership of association in other corporations or associations
           15-12-1-42Joint activities with other associations
           15-12-1-43Vote by existing cooperatives for governance under chapter
           15-12-1-44Breach of marketing contract; penalty; injunction
           15-12-1-45Warehouse or elevator operator; breach of marketing contract; penalty; injunction
           15-12-1-46Exemption from conspiracy and monopoly laws; legality of marketing contracts
           15-12-1-47Application of corporation laws; exceptions
           15-12-1-48Secretary of state; fees
           15-12-1-49Foreign cooperative associations; application for admission
           15-12-1-50Foreign cooperative associations; certificate of admission
           15-12-1-51Admitted foreign cooperative associations; rights and restrictions
           15-12-1-52Governance of certificates of stock and membership

 

IC 15-12-1-1Purpose; legislative declaration

     Sec. 1. (a) The following are the purposes of this chapter:

(1) To promote, foster, and encourage the intelligent and orderly production and marketing of agricultural products through cooperation.

(2) To eliminate speculation and waste.

(3) To make the distribution of agricultural products between producer and consumer as direct as can be efficiently done.

(4) To stabilize the marketing of agricultural products.

(5) To provide for the organization and incorporation of agricultural cooperative associations and societies.

     (b) The general assembly recognizes the following:

(1) That agriculture is characterized by individual production in contrast to the group or factory system that characterizes other forms of industrial production.

(2) That the ordinary form of corporate organization permits industrial groups to combine for the purpose of group production and the ensuing group marketing.

(3) That the public has an interest in permitting farmers to bring their industry to the high degree of efficiency and merchandising skill evidenced in the manufacturing industries.

(4) That the public interest demands that the farmer be encouraged to attain a superior and more direct system of marketing as an alternative to the blind, unscientific, and speculative selling of crops.

[Pre-2008 Recodification Citation: 15-7-1-1.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-2Application of definitions in IC 23-1

     Sec. 2. The definitions in IC 23-1 apply to this chapter to the extent they do not conflict with the definitions in this chapter.

[Pre-2008 Recodification Citation: 15-7-1-2(f).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-3"Agricultural products"

     Sec. 3. As used in this chapter, "agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, grain, poultry, bee, and any other farm product.

[Pre-2008 Recodification Citation: 15-7-1-2(a).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-4"Association"

     Sec. 4. As used in this chapter, "association" means any corporation organized under or governed by this chapter.

[Pre-2008 Recodification Citation: 15-7-1-2(c).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-5"Member"

     Sec. 5. As used in this chapter, "member" means the following:

(1) With respect to a nonstock membership association, the term means those persons admitted in accordance with the bylaws of the association.

(2) With respect to an association having capital stock, the term means the holders of voting stock of the association.

[Pre-2008 Recodification Citation: 15-7-1-2(b).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-6"Person"

     Sec. 6. As used in this chapter, "person" includes the following:

(1) Individuals.

(2) Firms.

(3) Partnerships.

(4) Business trusts.

(5) Limited liability companies.

(6) Corporations.

(7) Executors.

(8) Administrators.

(9) Receivers.

(10) Bodies politic or political subdivisions.

[Pre-2008 Recodification Citation: 15-7-1-2(d).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-7Associations governed as nonprofit corporations

     Sec. 7. An association organized under or governed by this chapter is a nonprofit corporation within the meaning of this chapter and for purposes of interpreting Indiana law concerning associations organized under or governed by this chapter.

[Pre-2008 Recodification Citation: 15-7-1-2(e).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-8Eligibility to form an association

     Sec. 8. The following may form an association under this chapter:

(1) Five (5) or more persons engaged in the production of agricultural products.

(2) Two (2) or more associations that:

(A) are:

(i) organized under or governed by this chapter; or

(ii) organized under any other Indiana law or under the laws of any other state or territory of the United States or of the District of Columbia; and

(B) are operated on a cooperative basis for the mutual benefit of the associations' members, members and patrons, or patrons as producers or associations of producers.

[Pre-2008 Recodification Citation: 15-7-1-3.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-9Authorized activities

     Sec. 9. An association may be organized to engage in any activity in connection with the following:

(1) Producing, marketing, or selling the agricultural products of the association's members and others.

(2) Harvesting, preserving, drying, processing, canning, packing, grading, storing, handling, shipping, or use of agricultural products of the association's members and others.

(3) Manufacturing or marketing the byproducts of agricultural products of the association's members and others.

(4) Manufacturing, selling, or supplying machinery, equipment, or supplies to the association's members and others.

(5) Financing activities described in subdivisions (1) through (4).

(6) Performing or furnishing services of an economic or educational nature, on a cooperative basis for persons engaged in agriculture or in any one (1) or more of the activities specified in this section.

[Pre-2008 Recodification Citation: 15-7-1-4.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-10Association; powers

     Sec. 10. Each association incorporated under this chapter has the following powers:

(1) To engage in any activity in connection with the following:

(A) Producing, marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or use of any agricultural products produced or delivered to the association by the association's members or others.

(B) Manufacturing or marketing the byproducts of agricultural products produced or delivered to the association by the association's members or others.

(C) Manufacturing, producing, processing, procuring, purchasing, or supplying supplies, machinery, or equipment to the association's members or others.

(D) Financing any activities described in clauses (A) through (C).

(E) Performing or furnishing economic, educational, or other services.

(F) Any one (1) or more of the activities specified in this section.

(2) To transact business with and perform services for nonmembers in an amount not greater in value than the total amount of business transacted with and services performed for members in the same fiscal year.

(3) To borrow money without limitation as to the amount of corporate indebtedness or liability.

(4) To act as the agent or representative of any member or members or others in any of the activities described in subdivisions (1) through (3).

(5) To make advances to members and other persons.

(6) To:

(A) purchase or acquire;

(B) hold, own, and exercise all rights of ownership in;

(C) sell, transfer, or pledge; or

(D) guarantee the payment of dividends or interest on or the retirement or redemption of;

shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the warehousing, handling, or marketing of any of the products handled by the association.

(7) To establish and accumulate reserves and surplus.

(8) To:

(A) buy; or

(B) acquire, hold, and exercise all privileges of ownership over;

real and personal property as may be necessary, convenient, or incidental to the conduct and operation of the business and activities of the association.

(9) To:

(A) establish, secure, own, and develop; and

(B) dispose of;

patents, trademarks, and copyrights.

(10) To:

(A) do anything:

(i) necessary or proper for the accomplishment of any one (1) of the purposes or the performance of any one (1) or more of the activities listed in this section; or

(ii) conducive to or expedient for the interest or benefit of the association; and

(B) contract accordingly.

(11) To exercise and possess the following:

(A) All powers, rights, and privileges necessary for or incidental to:

(i) the purposes for which the association is organized; or

(ii) the activities in which the association is engaged.

(B) Any other rights, powers, and privileges granted by Indiana law or to for-profit or nonprofit corporations, except as are inconsistent with the express provisions of this chapter.

(12) To recover, after two (2) years, any unclaimed stocks, dividends, capital credits, patronage refunds, utility deposits, membership fees, account balances, or book equities:

(A) for which the owner cannot be found; and

(B) that are the result of distributable savings of the association returned to the members on a pro rata basis.

[Pre-2008 Recodification Citation: 15-7-1-5.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-11Association; membership; issuance of stock

     Sec. 11. (a) An association may under the terms and conditions prescribed in the bylaws adopted by the association admit as members or issue common and voting stock to any of the following:

(1) The individuals or political subdivisions of Indiana that meet the requirements of subsection (b).

(2) The associations that meet the requirements of subsection (c).

     (b) To meet the requirements of this subsection, individuals or political subdivisions must be engaged in the production of agricultural products. For purposes of this section, a lessor or landlord of land used for the production of agricultural products or any individual devoting a substantial part of the individual's time to assisting others to produce agricultural products, whether employed by a farmer, an agricultural cooperative corporation, or an association, is considered to be engaged in the production of agricultural products. Except as otherwise provided in this section, the holders of common stock of an association limited by its articles of incorporation to one (1) or more particular agricultural services must be producers of agricultural products that use the articles or services to which the activities of the association are limited.

     (c) An association:

(1) organized under or governed by this chapter or organized under or governed by the agricultural law of another state of the United States; or

(2) that complies with 7 U.S.C. 291 and 7 U.S.C. 292, whether incorporated in or outside the United States, and with acts amendatory or supplementary to 7 U.S.C. 291 and 7 U.S.C. 292;

may become a member or stockholder of any association or associations organized under this chapter. Any corporation, however organized, that is lawfully engaged in the production of agricultural products, either as owner, lessor, or lessee of land used for the production of agricultural products, may become a stockholder or member in any association that is organized under this chapter and for which more than one-half (1/2) of the value of the association's business consists of the patronage of individuals who are direct producers of agricultural products.

     (d) A member of an association organized under this chapter that is not an individual may be represented by any individual authorized to do so in writing by the member.

[Pre-2008 Recodification Citation: 15-7-1-6.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-12Articles of incorporation

     Note: This version of section effective until 1-1-2018. See also following version of this section, effective 1-1-2018.

     Sec. 12. (a) The incorporators of an association to be formed under this chapter shall execute and file articles of incorporation setting forth the following:

(1) The name of the proposed association.

(2) The purpose or purposes for which it is formed.

(3) The period during which it is to continue to exist, if the period is to be limited.

(4) The post office address of its principal office and the name and post office address of its resident agents.

(5) If organized without capital stock, whether the property rights and interest of the members are equal or unequal. If property rights and interest of the members are unequal, the articles of incorporation must set forth the provisions under and by which the property rights and interests of the respective members are to be determined and fixed.

(6) The following information, if the association is organized with capital stock:

(A) The total number of shares that the association may issue.

(B) Whether all or part of the shares have a par value.

(C) If all or part of the shares have a par value, the number and par value of the shares.

(D) Whether all or part of the shares are without a par value.

(E) If all or part of the shares are without a par value, the number of shares without a par value.

(F) If the shares are to be divided into classes or kinds:

(i) the number and par value, if any, of the shares of each class; and

(ii) subject to the limitations provided in this chapter with respect to issuance of voting stock, either a statement of the relative rights, preferences, limitations, and restrictions of each class, or a provision expressly vesting authority in the board of directors to determine the relative rights, preferences, limitations, and restrictions of each class by resolution or resolutions adopted before the issuance of any shares of the specific class.

(G) If the shares of any class are to be issuable in series:

(i) descriptions of the several series; and

(ii) subject to the limitation provided in this chapter with respect to the issuance of voting stock, a statement of the relative rights, preferences, limitations, and restrictions of each series, or a provision expressly vesting authority in the board of directors to determine the relative rights, preferences, limitations, and restrictions of each series by resolution or resolutions adopted before the issuance of any of the shares of the specific series.

(7) The number of directors constituting the initial board of directors of the association.

(8) The names and post office addresses of the first board of directors.

(9) The names and post office addresses of the incorporators.

(10) Any other provisions, consistent with Indiana laws, for the regulation of the business and conduct of the affairs of the association and for creating, defining, limiting, or regulating the powers of the following:

(A) The association.

(B) The directors.

(C) The members.

(D) The shareholders of any class or classes of shareholders.

     (b) The articles of incorporation must be:

(1) prepared and signed in duplicate by the incorporators;

(2) acknowledged by at least one (1) of the incorporators before a notary public; and

(3) presented in duplicate to the secretary of state at the secretary of state's office and accompanied by the fees prescribed by this chapter.

[Pre-2008 Recodification Citation: 15-7-1-7(a).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-12Articles of incorporation

     Note: This version of section effective 1-1-2018. See also preceding version of this section, effective until 1-1-2018.

     Sec. 12. (a) The incorporators of an association to be formed under this chapter shall execute and file articles of incorporation setting forth the following:

(1) The name of the proposed association.

(2) The purpose or purposes for which it is formed.

(3) The period during which it is to continue to exist, if the period is to be limited.

(4) The post office address of its principal office and the name and address of its registered agent as provided in IC 23-0.5-4.

(5) If organized without capital stock, whether the property rights and interest of the members are equal or unequal. If property rights and interest of the members are unequal, the articles of incorporation must set forth the provisions under and by which the property rights and interests of the respective members are to be determined and fixed.

(6) The following information, if the association is organized with capital stock:

(A) The total number of shares that the association may issue.

(B) Whether all or part of the shares have a par value.

(C) If all or part of the shares have a par value, the number and par value of the shares.

(D) Whether all or part of the shares are without a par value.

(E) If all or part of the shares are without a par value, the number of shares without a par value.

(F) If the shares are to be divided into classes or kinds:

(i) the number and par value, if any, of the shares of each class; and

(ii) subject to the limitations provided in this chapter with respect to issuance of voting stock, either a statement of the relative rights, preferences, limitations, and restrictions of each class, or a provision expressly vesting authority in the board of directors to determine the relative rights, preferences, limitations, and restrictions of each class by resolution or resolutions adopted before the issuance of any shares of the specific class.

(G) If the shares of any class are to be issuable in series:

(i) descriptions of the several series; and

(ii) subject to the limitation provided in this chapter with respect to the issuance of voting stock, a statement of the relative rights, preferences, limitations, and restrictions of each series, or a provision expressly vesting authority in the board of directors to determine the relative rights, preferences, limitations, and restrictions of each series by resolution or resolutions adopted before the issuance of any of the shares of the specific series.

(7) The number of directors constituting the initial board of directors of the association.

(8) The names and post office addresses of the first board of directors.

(9) The names and post office addresses of the incorporators.

(10) Any other provisions, consistent with Indiana laws, for the regulation of the business and conduct of the affairs of the association and for creating, defining, limiting, or regulating the powers of the following:

(A) The association.

(B) The directors.

(C) The members.

(D) The shareholders of any class or classes of shareholders.

     (b) The articles of incorporation must be:

(1) prepared and signed in duplicate by the incorporators;

(2) acknowledged by at least one (1) of the incorporators before a notary public; and

(3) presented in duplicate to the secretary of state at the secretary of state's office and accompanied by the fees prescribed by this chapter.

[Pre-2008 Recodification Citation: 15-7-1-7(a).]

As added by P.L.2-2008, SEC.3. Amended by P.L.118-2017, SEC.3.

 

IC 15-12-1-13Presentation of articles of incorporation

     Sec. 13. (a) Upon presentation of articles of incorporation that comply with the requirements of this chapter, if the secretary of state finds that the articles of incorporation conform to law, the secretary of state shall do the following:

(1) Endorse the secretary of state's approval upon the duplicate copies of the articles.

(2) When all fees have been paid as required by law:

(A) file one (1) copy of the articles in the secretary of state's office; and

(B) issue a certificate of incorporation to the incorporators.

(3) Return the certificate of incorporation, together with the remaining copy of the articles of incorporation bearing the endorsement of the secretary of state's approval, to the incorporators or their representative.

     (b) Upon the issuance of the certificate of incorporation by the secretary of state under subsection (a):

(1) the corporate existence of the association begins;

(2) all subscriptions to membership, subscriptions for shares of the association, or subscriptions to membership and for shares of the association are considered to be accepted by the association; and

(3) the subscribers are considered to be members, shareholders, or members and shareholders of the association.

     (c) The certificate of incorporation issued by the secretary of state under this section is conclusive evidence of the fact that the association has been incorporated and of the corporation's right to transact business and to incur indebtedness.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-7(b); subsection (b) formerly 15-7-1-7(c).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-14Association; merging, consolidating, or dissolving association; amending articles of incorporation

     Sec. 14. (a) Subject to subsections (b) and (c), an association may amend the association's articles of incorporation, merge or consolidate with one (1) or more other associations or corporations, effect special corporate transactions as described in IC 23-1, or dissolve by following the procedures specified in IC 23-1.

     (b) An amendment to the articles of incorporation of an association organized under or governed by this chapter or an agreement of merger or consolidation to which an association organized under or governed by this chapter is a party may be adopted:

(1) by the affirmative votes of the majority of the members entitled to vote with respect to the amendment or agreement and voting at the meeting called for that purpose, if the voting rights of the members are equal; or

(2) by the affirmative votes of the majority of the votes cast by the members entitled to vote with respect to the amendment or agreement and voting at the meeting called for that purpose, if the voting rights of the members are not equal.

     (c) A special corporate transaction or dissolution of an association organized under or governed by this chapter may be authorized:

(1) by the affirmative votes of three-fourths (3/4) of the members entitled to vote with respect to the transaction or dissolution and voting at the meeting called for that purpose, if the voting rights of the members are equal; or

(2) by the affirmative votes of three-fourths (3/4) of the votes cast by the members entitled to vote with respect to the transaction or dissolution and voting at the meeting called for that purpose, if the voting rights of the members are not equal.

[Pre-2008 Recodification Citation: 15-7-1-8.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-15Bylaws; adoption and amendment; scope

     Sec. 15. (a) Each association organized under or governed by this chapter shall, not more than thirty (30) days after the association's incorporation or after the association's acceptance of the requirements of this chapter, adopt a code of bylaws.

     (b) The power to adopt, make, alter, amend, or repeal the bylaws is vested in the board of directors, unless specifically provided in the articles of incorporation.

     (c) The bylaws may contain any provisions for the regulation and management of the business and affairs of the association that are not inconsistent with the articles of incorporation and the laws of this state, including provisions concerning the following:

(1) The time and place of holding and the manner of calling and conducting meetings of members and directors.

(2) The number of members that constitute a quorum at a meeting of the members.

(3) The number of directors that constitute a quorum at a meeting of the directors.

(4) The right of members to vote by proxy, by mail, or by delegates elected by members in their respective districts, or by any one (1) or more such methods.

(5) The number of directors, their qualifications, the date, time, place, and manner of their election, and the length of their terms of office.

(6) The powers, duties, tenure, and qualifications of officers of the association and the date, time, place, and manner of electing the officers.

(7) The creation and appointment of executive and other committees, and the number of members of the committees and their powers.

(8) The:

(A) amount of entrance, organization, and membership fees, if any;

(B) manner and method of collection of the fees; and

(C) purposes for which the fees may be used.

(9) The:

(A) amount, if any, that each member is required to pay annually or from time to time to carry on the business of the association;

(B) charge, if any, to be paid by each member for services rendered by the association to the member; and

(C) time of payment and manner of collection of the amounts.

(10) The requirements made or imposed on members to enter into contracts with the association for the marketing of the members' products or for the purchasing of the members' supplies, machinery, or equipment, or both.

(11) The following:

(A) Qualifications for membership in the association and the conditions precedent to membership.

(B) The method, time, and manner in which a member can withdraw from membership.

(C) The conditions upon which and the time when the membership of any member ceases.

(D) The automatic suspension of the voting rights of a member when the member ceases to be eligible for membership in the association.

(E) The method, manner, and effect of the expulsion of a member.

(F) The manner of determining the value of a member's interest or shares:

(i) when the member is expelled; or

(ii) upon the member's death or withdrawal from membership.

(G) The manner in which the interest or shares of a member can be transferred or assigned.

(H) The time and manner in which a member's interest or shares may be redeemed by the association.

(12) Penalties for violation of the bylaws.

[Pre-2008 Recodification Citation: 15-7-1-9.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-16Association; meetings; special meetings

     Sec. 16. (a) Each association shall provide in the association's bylaws for one (1) or more regular meetings annually.

     (b) The board of directors of an association may call a special meeting at any time.

     (c) Ten percent (10%) of the members or stockholders of an association may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. If the requirements of this subsection are satisfied, the directors of the association shall call the special meeting.

     (d) Notice of all meetings, together with a statement of the purposes of the meeting, shall be mailed to each member at least ten (10) days before the meeting. However, the association's bylaws may instead provide that the notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.

[Pre-2008 Recodification Citation: 15-7-1-10.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-17Board of directors; management of association

     Sec. 17. (a) The business and affairs of an association shall be managed by a board of directors of at least five (5) directors. Subject to this limitation, unless specifically provided in the articles of incorporation, the number of directors shall be fixed by the bylaws, except as to the number constituting the initial board of directors. The number constituting the initial board of directors shall be fixed by the articles of incorporation.

     (b) The number of directors may be increased or decreased from time to time by amendment of the bylaws, but a decrease in the number of directors may not shorten the term of an incumbent director. In the absence of articles of incorporation or bylaws that fix the number of directors, the number of directors must be the same as stated in the articles of incorporation for the initial board of directors.

[Pre-2008 Recodification Citation: 15-7-1-11(a).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-18Board of directors; election; terms

     Sec. 18. Except as otherwise provided in this chapter, the directors:

(1) shall be elected by the members at the annual meeting of the members; and

(2) may, if provided in the bylaws, be elected for terms of office that expire at different times.

A term of office may not continue for longer than three (3) years. In the absence of a provision in the bylaws for terms of office, each director, except the first board of directors, shall be elected for a term of one (1) year and hold office until the director's successor is elected and qualified. The first board of directors, as named in the articles of incorporation, shall hold office until the first annual meeting of the members.

[Pre-2008 Recodification Citation: 15-7-1-11(b).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-19Board of directors; districts; primary elections

     Sec. 19. The territory served by an association may be divided into districts and the directors elected according to districts. In this case, the bylaws must specify:

(1) the number of directors to be elected in each district; and

(2) the manner and method of reapportioning the directors and of redistricting the territory served by the association.

The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to the district and that the result of the primary elections may be ratified by the members at the next annual or special meeting of the members of the association or may be considered as final.

[Pre-2008 Recodification Citation: 15-7-1-11(c).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-20Board of directors; appointment

     Sec. 20. One (1) or more directors may be appointed by any public official or commission or by the other directors elected by the members or their delegates. Directors appointed as provided in this section:

(1) shall represent primarily the interest of the general public in the association, but have the same powers and rights as other directors; and

(2) may not total more than one-fifth (1/5) of the entire number of directors.

[Pre-2008 Recodification Citation: 15-7-1-11(d).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-21Board of directors; payment; restrictions

     Sec. 21. (a) An association may provide a fair remuneration for:

(1) the time actually spent by the association's officers and directors in the association's service; and

(2) the service of the members of the association's executive committee and other committees.

     (b) A director may not during the term of the director's office be a party to a contract for profit with the association differing in any way from the business relations accorded other members or patrons of the association.

[Pre-2008 Recodification Citation: 15-7-1-11(e).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-22Executive committee; powers

     Sec. 22. If the association's bylaws provide for an executive committee, all of the functions and powers of the board of directors may be delegated to the committee, subject to the general direction and control of the board.

[Pre-2008 Recodification Citation: 15-7-1-11(f).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-23Board of directors; vacancies

     Sec. 23. When a vacancy on the board of directors occurs, other than by expiration of term of office, the remaining members of the board may fill the vacancy by a majority vote of the remaining members, unless the bylaws provide for the election of directors by districts. If the bylaws provide for the election of directors by districts, the board of directors may call a special meeting of the members in that district to fill the vacancy or may fill the vacancy as in the case of any other vacancy. A director who is elected or appointed by the board of directors to fill a vacancy on the board shall serve until the next annual or special meeting of the members.

[Pre-2008 Recodification Citation: 15-7-1-11(g).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-24Board of directors; eligibility

     Sec. 24. (a) Each director must during the director's term of office be a citizen of the United States. Each director, other than a public director, must be engaged in or have a direct interest in the production of agricultural products.

     (b) An association may provide in the association's bylaws that a person is not eligible for election as a director unless the person is a member or patron of the association.

     (c) An association may provide in the association's bylaws that a person is not eligible for election as a director unless the person has paid any indebtedness owed by the person to the association.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-11(h); subsection (b) formerly 15-7-1-11(i); subsection (c) formerly 15-7-1-11(j).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-25Board of directors; financial report; records

     Sec. 25. (a) The board of directors shall require a report to be presented to the board, at intervals determined by the board but not less often than semiannually, showing:

(1) the amount of indebtedness owed to the association by each director, officer, and employee at the close of the period; and

(2) the amount of stock, membership capital, or credits for the purchase of stock or membership capital shown on the books of the association as belonging to each director, officer, and employee.

The board of directors shall take action with respect to any individual indebtedness to the association that is larger than permitted by the bylaws as is best for the association in the sound discretion of the board.

     (b) The board of directors shall require a record of attendance to be kept and the secretary of the board to make a report at the annual meeting of members detailing the directors' attendance up to and including the last directors' meeting before the annual meeting, indicating:

(1) the number of regular and special meetings of the board; and

(2) the number of regular and of special meetings attended by each member of the board designated by name.

[Pre-2008 Recodification Citation: 15-7-1-11(k).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-26Extension of credit

     Sec. 26. (a) An association may provide in the association's bylaws limits within which the association may extend credit, either directly or indirectly, to any director, officer, or employee of the association.

     (b) A person who is a director, officer, or employee of the association may not be extended credit on terms that are more favorable than the terms available to any other customer or member of the association.

     (c) The provisions of this chapter:

(1) concerning the extension of credit to any director, officer, or employee;

(2) requiring the inclusion of information concerning the extension of credit to any director, officer, or employee in the association's annual reports to the secretary of state; and

(3) providing penalties for failure to comply with those provisions;

apply only to associations in which more than twenty-five percent (25%) of the gross income arises directly from the purchasing of supplies for their members and others. An association with a lesser percentage of gross income arising from purchasing of supplies may adopt similar provisions in the association's articles of incorporation as originally filed or later amended. If adopted, the provisions apply in every respect to the association and to the association's directors, officers, and employees.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-11(l); subsection (b) formerly 15-7-1-11(m); subsection (c) formerly 15-7-1-11(n).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-27Election of officers

     Sec. 27. (a) The officers of an association must consist of a president, one (1) or more vice presidents, a secretary, a treasurer, and other officers that may be prescribed by the bylaws. Each officer shall be elected or appointed by the board of directors at the time, in the manner, and for the terms as the bylaws provide, subject to the following conditions:

(1) The president and one (1) vice president must be members of the board of directors.

(2) A vice president who is not a director may not succeed to or fill the office of president.

     (b) Except for the offices of the president and secretary, any two (2) or more offices may be held by the same individual.

     (c) The treasurer may be a bank or depository. If the treasurer is a bank or depository:

(1) the treasurer is considered to be a function of the board of directors but not an officer of the board of directors; and

(2) the secretary shall perform the usual accounting duties of the treasurer.

However, the funds of the association must be deposited only as and where authorized by the board of directors.

     (d) The bylaws may provide for the election of the president and one (1) vice president by the members or their delegates at the annual meeting of the members.

[Pre-2008 Recodification Citation: 15-7-1-12.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-28Membership certificates

     Sec. 28. (a) A certificate of membership or a share or shares of voting stock may not be issued by an association until the membership fee or consideration for the share of stock has been paid in full. A promissory note may be accepted in full or partial payment for a share of stock or membership fee. However, the stock or membership certificate shall be held as security for the payment of the note. The acceptance of a note in full or partial payment of a share of stock or membership fee does not affect the member's right to vote if the member is not in default under the terms of the note.

     (b) A member is not liable for the debts of the association to an amount exceeding the sum remaining unpaid on the member's membership fee or on the member's subscription or agreement to purchase a share or shares of stock, including any unpaid balance on any note given in payment.

     (c) An association may provide in the association's articles of incorporation or bylaws that a member may not own more than a fixed amount or percentage of the association's membership capital or a fixed percentage or number of shares of the association's outstanding voting stock.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-13(a); subsection (b) formerly 15-7-1-13(b); subsection (c) formerly 15-7-1-13(c).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-29Voting stock; votes; transfer

     Sec. 29. (a) An association may provide in the association's articles of incorporation or bylaws that a member is not entitled to more than one (1) vote regardless of the amount of capital invested in or number of shares of voting stock owned by the member.

     (b) The voting stock of or membership in an association may not be transferred to persons or associations that are not qualified to be members of an association organized under or governed by this chapter, and this restriction must be printed on every membership certificate and certificate of voting stock.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-13(d); subsection (b) formerly 15-7-1-13(e).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-30Distribution of dividends

     Sec. 30. (a) The net earnings or savings of an association from the association's marketing activities, purchasing activities, or marketing and purchasing activities that exceed the amounts needed to restore a deficit, to pay dividends on outstanding stock, or to establish or provide for additions to reserves or surplus, or both, must be distributed, unless otherwise provided by the bylaws, to the patrons of the association on a patronage basis. If provided in the bylaws, the distribution of the net earnings or savings from the marketing activities, purchasing activities, or marketing and purchasing activities that exceed the amounts needed to restore a deficit, to pay dividends on outstanding stock, or to establish or provide for additions to reserves or surplus, or both, may be made at different rates for members and nonmembers, or may be restricted only to members, or only to members and those patrons with whom the association has contracted to pay patronage refunds, but all the distributions must be made on a patronage basis.

     (b) If the reserves or surplus of an association are distributed at any time, the reserves or surplus must be distributed on a patronage basis as provided by the bylaws of the association.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-13(f); subsection (b) formerly 15-7-1-13(g).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-31Redemption of stock

     Sec. 31. (a) An association organized with capital stock may, at any time, unless otherwise provided in the association's articles of incorporation or bylaws, and except when the debts of the association exceed fifty percent (50%) of the assets:

(1) redeem, purchase, or acquire the association's outstanding common stock at the book value, as conclusively determined by the association's board of directors, but not to exceed par; and

(2) pay for the stock in cash within one (1) year.

     (b) An association organized with capital stock may, at any time, unless otherwise provided in its articles of incorporation or bylaws, redeem, purchase, or acquire the association's outstanding preferred stock. However, an association may not redeem or purchase the association's outstanding preferred stock:

(1) when the association is insolvent; or

(2) when the redemption or purchase would render the association insolvent or would reduce the net assets of the association below the total amount payable to the holders of stock having prior or equal rights to the assets of the association upon involuntary dissolution.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-13(h); subsection (b) formerly 15-7-1-13(i).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-32Issuance of various classes of stock

     Sec. 32. (a) If the board of directors of an association, under authority expressly vested in the board by the articles of incorporation, adopts a resolution that determines and states the relative rights, preferences, limitations, or restrictions of any class or classes of shares, or of any series of any class or classes, the association may not issue any of such shares unless the association first presents in duplicate in the office of the secretary of state, accompanied by the fees prescribed by this chapter, a certificate signed by the secretary or assistant secretary, and verified under oath by the president or a vice president of the association, setting forth the resolution so adopted and the time and manner of its adoption.

     (b) Upon presentation of a certificate under subsection (a), the secretary of state, if the secretary of state finds that the certificate conforms to law and to the articles of incorporation of the association:

(1) shall endorse the secretary of state's approval on each copy of the certificate; and

(2) when all fees have been paid as required by law, shall:

(A) file one (1) copy of the certificate in the secretary of state's office;

(B) issue the secretary of state's certificate of approval and filing; and

(C) forward to the association the secretary of state's certificate, together with the other copy of the certificate of the officers of the association bearing the endorsement of the secretary of state's approval.

After the secretary of state takes the actions under subdivisions (1) and (2), the association may issue the shares.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-13(j) part; subsection (b) formerly 15-7-1-13(j) part.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-33Officers and director; charges; removal

     Sec. 33. (a) A member of an association may bring charges against an officer or a director by filing the charges in writing with the secretary of the association, together with a petition that is signed by five percent (5%) of the members and that requests the removal of the officer or director.

     (b) The removal of the officer or director shall be voted upon at the next regular or special meeting of the association. The association may by a vote of a majority of the members of the association remove the officer or director and fill the vacancy.

     (c) The director or officer against whom the charges have been brought must:

(1) be informed in writing of the charges before the meeting described in subsection (b); and

(2) have an opportunity at the meeting to be heard in person or by counsel and to present witnesses.

The person or persons bringing the charges against the director or officer are entitled to the same opportunity to be heard in person or by counsel and to present witnesses.

     (d) If the bylaws provide for the election of directors by districts with primary elections in each district, a petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which the director was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. The director in question may be removed from office by a vote of the majority of the members of that district.

[Pre-2008 Recodification Citation: 15-7-1-14.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-34Marketing contracts

     Sec. 34. (a) An association and its members may make and execute marketing contracts requiring the members to sell, for any period that is not more than ten (10) years:

(1) all or any specified part of the members' agricultural products; or

(2) specified commodities;

exclusively to or through the association or any facilities to be created by the association.

     (b) If a member contracts a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded liens, to the association:

(1) upon delivery; or

(2) at any other specified time, if expressly and definitely agreed in the contract.

     (c) A contract authorized under this section may provide that the association may:

(1) sell or resell the products delivered by the association's members, with or without taking title to the products; and

(2) pay over to the association's members the resale price, with or without pooling, actual or proportionate, after deducting all necessary selling, overhead, and other costs and expenses, including:

(A) interest on preferred stock, not exceeding eight percent (8%) per year;

(B) reserves for retiring the stock, if any;

(C) other proper reserves;

(D) interest not exceeding eight percent (8%) per year on common stock; and

(E) any other deductions specified in the contract.

[Pre-2008 Recodification Citation: 15-7-1-15.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-35Remedies for breach of contract

     Sec. 35. (a) The bylaws or a marketing contract of an association may do the following:

(1) Fix, as liquidated damages, specific amounts to be paid by the members or stockholders to the association upon the breach of any provision of the marketing contract regarding the sale, delivery, or withholding of products.

(2) Provide that the contracting member will pay all costs, premiums for bonds, expenses, and fees if any action is brought upon the contract by the association.

A provision described in this subsection is valid and enforceable, and a clause providing for liquidated damages is enforceable and is not regarded as a penalty.

     (b) If there is a breach or threatened breach of a marketing contract regarding the sale, delivery, or withholding of products by a member, the association is entitled to:

(1) an injunction to prevent the further breach of the contract; and

(2) a decree of specific performance of the contract.

     (c) Pending the adjudication of an action under subsection (b) and upon:

(1) filing a verified complaint showing the breach or threatened breach; and

(2) filing a sufficient bond;

the association is entitled to a temporary restraining order and preliminary injunction against the member.

     (d) Subsections (a), (b), and (c) are applicable to, and the rights and remedies described in subsections (a), (b), and (c) are available to, any corporation that is organized under any agricultural cooperative law of any other state of the United States and is admitted to do business in Indiana.

     (e) A grower of agricultural products that signs a marketing agreement with a cooperative marketing association organized under this chapter is permitted to place crop mortgages on the grower's crops. However, the crop mortgages and other liens are subordinate to the right of the association to take delivery of any such crops covered by the marketing agreement. In such cases, if the mortgagee or lien holder serves proper notice on the association, the proportionate proceeds due or payable to that grower become subject to the mortgages or liens instead of the crops originally covered by the mortgages or liens. If any deficiency remains at the end of the season, the grower is liable for the deficiency under the present practice, and the mortgagee or lienholder has the same rights against the grower for the deficiency as the grower possesses.

[Pre-2008 Recodification Citation: 15-7-1-16.1.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-36Purchase of property or stock in another entity

     Sec. 36. If an association that is organized under or governed by this chapter with capital stock purchases:

(1) the stock;

(2) any property; or

(3) any interest in any property;

of any person, firm, corporation, or association, the association may discharge the obligations incurred in the purchase, wholly or in part, by exchanging for the acquired interest, shares of the association's capital stock to an amount that at par value would equal the fair market value of the stock or interest purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest purchased must be equivalent to payment in cash for the shares of stock issued.

[Pre-2008 Recodification Citation: 15-7-1-17.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-37Biennial report; contents; form; delivery

     Sec. 37. (a) During April of every other year, each association organized or reorganized under this chapter shall prepare and file a biennial report setting forth the following information:

(1) The name of the association and the state or country under whose law the association is incorporated.

(2) The address of the association's registered office and the name of the association's registered agent at that office in Indiana.

(3) The address of the association's principal office.

(4) The names and business or residence addresses of the association's directors, secretary, and highest executive officer.

     (b) The biennial report of each association must be:

(1) made on a form prescribed and furnished by the secretary of state;

(2) signed by any current officer of the association or, if the association is in the hands of a receiver or a trustee, by the receiver or trustee;

(3) verified and affirmed subject to the penalties for perjury; and

(4) filed in the office of the secretary of state, accompanied by the fees prescribed by law.

     (c) Information in the biennial report must be current as of the date the biennial report is executed on behalf of the association.

     (d) The first biennial report of the association must be delivered to the secretary of state in the second year following the calendar year in which the association was organized. Subsequent biennial reports must be delivered to the secretary of state every second year following the year in which the last biennial report was filed.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-18(a); subsection (b) formerly 15-7-1-18(b); subsection (c) formerly 15-7-1-18(c); subsection (d) formerly 15-7-1-18(d).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-38Disclosure of financial condition; offense

     Sec. 38. (a) If, upon receipt of a biennial report delivered under section 37 of this chapter, the secretary of state determines or has reason to believe that the association filing the report is not disclosing the association's true financial condition or is violating this chapter, the secretary of state may require the association to disclose all material facts by:

(1) submitting a verified audit bearing the certificate under oath of a qualified public accountant approved by the secretary of state;

(2) replying to interrogatories; or

(3) reporting under oath on any matters requested by the secretary of state.

     (b) An officer or a director of an association who knowingly distributes, publishes, or files with the secretary of state a written report, certificate, or statement of the condition or business of the association that is false in any material respect commits a Level 6 felony.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-1-18(e); subsection (b) formerly 15-7-1-18(f).]

As added by P.L.2-2008, SEC.3. Amended by P.L.158-2013, SEC.206.

 

IC 15-12-1-39Application of other laws

     Sec. 39. A law in conflict with this chapter may not be construed to apply to an association provided for in this chapter.

[Pre-2008 Recodification Citation: 15-7-1-19(a).]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-40Limitation on the use of the term "cooperative"

     Sec. 40. A person, or a firm, a limited liability company, a corporation, or an association organized in Indiana after February 23, 1925, may not use the word "cooperative" as part of its corporate or other business name or title for cooperative activities of producers of agricultural products unless it has complied with this chapter.

[Pre-2008 Recodification Citation: 15-7-1-20.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-41Membership of association in other corporations or associations

     Sec. 41. An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any corporation or corporations, or association or associations, with or without capital stock, that are engaged in:

(1) any activity in connection with the producing, marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, transportation, handling, or use of any:

(A) agricultural products; or

(B) byproducts of any agricultural products;

handled by the association or the association's patrons;

(2) any activity in connection with the manufacturing, assembling, selling, supplying, purchasing, hiring, transportation, or use of supplies, machinery, or equipment that the association or the association's patrons use; or

(3) the financing of any activities described in subdivision (1) or (2) or in performing or furnishing economic or educational service for persons engaged in agriculture.

[Pre-2008 Recodification Citation: 15-7-1-21.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-42Joint activities with other associations

     Sec. 42. (a) An association may, upon resolution adopted by the association's board of directors:

(1) enter into all necessary and proper contracts and agreements; and

(2) make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations formed in Indiana or in any other state;

for the cooperative and more economical performance of all or any part of the association's business.

     (b) Any two (2) or more associations may, by agreement between them:

(1) unite in employing and using; or

(2) separately employ and use;

the same personnel, methods, means, and agencies for carrying on and conducting the associations' respective businesses.

[Pre-2008 Recodification Citation: 15-7-1-22.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-43Vote by existing cooperatives for governance under chapter

     Sec. 43. (a) A corporation or an association organized under statutes in effect before February 23, 1925, may by a majority vote of its stockholders or members, elect to be governed by this chapter by:

(1) limiting its stockholders or membership; and

(2) adopting the other restrictions provided in this chapter.

     (b) The corporation or association shall make out in duplicate a statement signed and sworn to by its directors specifying that the corporation or association has, by a majority vote of the stockholders or members:

(1) decided to accept the benefits of and be bound by this chapter; and

(2) authorized the changes.

Articles of incorporation must be filed as required in section 12 of this chapter, except that the articles of incorporation must be signed by the current members of the board of directors. The filing fee is the same as for filing an amendment to articles of incorporation.

[Pre-2008 Recodification Citation: 15-7-1-23.]

As added by P.L.2-2008, SEC.3. Amended by P.L.86-2008, SEC.7.

 

IC 15-12-1-44Breach of marketing contract; penalty; injunction

     Sec. 44. A person or corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association:

(1) organized under this chapter; or

(2) organized under any agricultural cooperative law of any other state of the United States and admitted to do business in Indiana;

to breach the member's or stockholder's marketing contract with the association is liable to the aggrieved association in a civil suit in the penal sum of one hundred dollars ($100) for each offense. In addition, the person or corporation shall pay to the association reasonable attorney's fees and all costs involved in the litigation or proceedings at law.

[Pre-2008 Recodification Citation: 15-7-1-24.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-45Warehouse or elevator operator; breach of marketing contract; penalty; injunction

     Sec. 45. (a) A person, firm, limited liability company, or corporation that:

(1) operates a warehouse, an elevator, or other receiving place or deals in any agricultural products within Indiana; and

(2) solicits, persuades, or permits any member of an association:

(A) organized under this chapter; or

(B) organized under any agricultural cooperative law of any other state of the United States and admitted to do business in Indiana;

to breach the member's marketing contract with the association by accepting or receiving the member's products for sale, for auction, or for display for sale, contrary to the terms of a marketing agreement of which the person, a member of the firm, the manager of the limited liability company, or an active officer or manager of the corporation has knowledge or notice;

is liable to the aggrieved association in a civil suit in the penal sum of one hundred dollars ($100) for each offense, and the aggrieved association is entitled to an injunction against the warehouseman or other person to prevent further breaches and a multiplicity of actions on the breach.

     (b) Pending the adjudication of an action under subsection (a) and upon filing:

(1) a verified complaint showing the breach or threatened breach of a marketing contract by reason of any acts described in subsection (a); and

(2) a sufficient bond or undertaking;

the aggrieved association is entitled to a temporary restraining order and a temporary injunction against the person, firm, limited liability company, or corporation. In addition, the warehouseman or other person, firm, limited liability company, or corporation shall pay to the association reasonable attorney's fees and all costs involved in the litigation or legal proceedings.

[Pre-2008 Recodification Citation: 15-7-1-26.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-46Exemption from conspiracy and monopoly laws; legality of marketing contracts

     Sec. 46. (a) An association that is organized under this chapter or that is organized under an agricultural cooperative law of another state and is admitted to do business in Indiana is not:

(1) a conspiracy or a combination in restraint of trade;

(2) an illegal monopoly; or

(3) an attempt to:

(A) lessen competition;

(B) fix prices arbitrarily; or

(C) create a combination or pool;

in violation of any Indiana law.

     (b) The marketing contracts and agreements between an association described in subsection (a) and the association's members and any agreements authorized in this chapter are not:

(1) illegal;

(2) in restraint of trade; and

(3) contrary to any law enacted against pooling or combinations.

[Pre-2008 Recodification Citation: 15-7-1-27.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-47Application of corporation laws; exceptions

     Sec. 47. IC 23-1 and all powers and rights under IC 23-1 apply to associations organized under or governed by this chapter, except where IC 23-1 conflicts with or is inconsistent with this chapter.

[Pre-2008 Recodification Citation: 15-7-1-28.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-48Secretary of state; fees

     Sec. 48. (a) The secretary of state shall charge and collect for the benefit of the state the following fees:

(1) For filing with the secretary of state the articles of incorporation of an association organized or a corporation reorganized under this chapter, five dollars ($5).

(2) For filing with the secretary of state any certificate not specified in this section, five dollars ($5) each.

(3) For filing a biennial report, two dollars ($2), to be paid biennially.

     (b) Fees collected under subsection (a) shall be deposited in the state general fund.

[Pre-2008 Recodification Citation: 15-7-1-29.]

As added by P.L.2-2008, SEC.3. Amended by P.L.106-2008, SEC.48; P.L.119-2015, SEC.1.

 

IC 15-12-1-49Foreign cooperative associations; application for admission

     Sec. 49. (a) Any nonprofit cooperative association organized under the agricultural cooperative law of any state of the United States other than Indiana and not admitted to do business in Indiana before March 12, 1935, must submit the following to the secretary of state at the secretary of state's office before transacting any business in Indiana:

(1) A copy of the nonprofit cooperative association's articles of incorporation, with all amendments to the articles of incorporation. The copy of the nonprofit cooperative association's articles of incorporation must be authenticated by the proper officer of the state where the nonprofit cooperative association is incorporated.

(2) An application for admission, which must contain the same information as required in the articles of incorporation of an association seeking to be incorporated under this chapter, together with any additional information that the secretary of state may require, which must include a statement of assets and liabilities as of a date not earlier than thirty (30) days before the filing of the application for admission. The information shall be submitted in triplicate originals on forms prescribed by the secretary of state.

(3) The prescribed fees.

     (b) An application submitted under subsection (a) must be signed and verified under oath by:

(1) the president or vice president; and

(2) the secretary or assistant secretary;

of the association.

     (c) The fee for a filing under this section is ten dollars ($10).

[Pre-2008 Recodification Citation: 15-7-1-30.]

As added by P.L.2-2008, SEC.3. Amended by P.L.119-2015, SEC.2.

 

IC 15-12-1-50Foreign cooperative associations; certificate of admission

     Sec. 50. (a) If the secretary of state finds that an application for admission submitted under section 49 of this chapter conforms to law and that all patrons of the association who reside in Indiana will be entitled to receive substantially the same rights, benefits, and privileges from the association as though the association were incorporated under this chapter, the secretary of state shall:

(1) endorse the secretary of state's approval upon each of the triplicate copies; and

(2) if all fees required by law have been paid:

(A) file one (1) copy of the application for admission and an authenticated copy of the articles of incorporation of the association in the secretary of state's office; and

(B) issue to the association an original and a duplicate certificate of admission, accompanied by two (2) copies of the application bearing the endorsement of the secretary of state's approval.

     (b) A certificate of admission issued under subsection (a) must set forth the following:

(1) The name of the association, the state where the association was incorporated, and the location of the association's principal office in that state.

(2) The character of business the association is authorized to transact in Indiana.

(3) The amount of the association's authorized capital stock, if any, and the amount of capital stock issued and outstanding.

(4) The amount of the fee paid for the association's admission.

(5) The address of the corporation in Indiana.

(6) The name and address of the association's resident agent in Indiana for service of legal process.

[Pre-2008 Recodification Citation: 15-7-1-31.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-51Admitted foreign cooperative associations; rights and restrictions

     Sec. 51. Any nonprofit cooperative association organized under the agricultural cooperative law of another state and admitted to do business in Indiana:

(1) may transact business as set forth in the certificate of admission issued to the association by the secretary of state;

(2) has the same rights, privileges, powers, and remedies at law or in equity possessed by an association incorporated under this chapter; and

(3) is subject to the same liabilities, restrictions, duties, and penalties imposed on an association incorporated under this chapter.

[Pre-2008 Recodification Citation: 15-7-1-32.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-1-52Governance of certificates of stock and membership

     Sec. 52. Certificates of stock or of membership issued, transferred, redeemed, or canceled by an association are governed by this chapter and the articles of incorporation and bylaws of the association.

[Pre-2008 Recodification Citation: 15-7-1-33.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-2Chapter 2. Indiana Rural Rehabilitation Corporation
           15-12-2-1"Director"
           15-12-2-2State official; trust assets of the rural rehabilitation corporation
           15-12-2-3Agreements for federal administration
           15-12-2-4Deposit and expenditure of funds
           15-12-2-5Director's powers; delegation
           15-12-2-6Exemption from liability

 

IC 15-12-2-1"Director"

     Sec. 1. As used in this chapter, "director" means the director of the Indiana state department of agriculture.

[Pre-2008 Recodification Citation: 15-7-2-1 part.]

As added by P.L.2-2008, SEC.3. Amended by P.L.120-2008, SEC.34.

 

IC 15-12-2-2State official; trust assets of the rural rehabilitation corporation

     Sec. 2. The director is designated as the state official to make application to and receive from the United States Secretary of Agriculture, or any other proper federal official, under and subject to Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee on behalf of the Indiana rural rehabilitation corporation.

[Pre-2008 Recodification Citation: 15-7-2-1 part.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-2-3Agreements for federal administration

     Sec. 3. (a) The director may enter into agreements with the United States Secretary of Agriculture under Section 2(f) of Public Law 499, 81st Congress, upon the terms and conditions and for periods as may be mutually agreeable, authorizing the United States Secretary of Agriculture to accept, administer, expend, and use in Indiana all or any part of the trust assets or any other funds of the state of Indiana that may be appropriated to use in carrying out the purposes of Titles 1 and 2 of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title 4 of the Bankhead-Jones Farm Tenant Act, as amended.

     (b) The director shall provide in an agreement with the United States Secretary of Agriculture under this section:

(1) that all of the funds shall be administered through the Farmer's Home Administration;

(2) that only three percent (3%) of the book value of the assets transferred may be used for administrative purposes; and

(3) that the Farmer's Home Administration may do any and all things necessary to effectuate and carry out the purposes of agreements under this section.

[Pre-2008 Recodification Citation: 15-7-2-2.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-2-4Deposit and expenditure of funds

     Sec. 4. Notwithstanding any other law, funds and the proceeds of the trust assets that are not authorized to be administered by the United States Secretary of Agriculture under section 3 of this chapter shall be received by the director under an application made under section 2 of this chapter. The director shall deposit the funds with the treasurer of state. The funds shall be held in a special fund for expenditure on proper voucher and warrant by the director for purposes of section 3 of this chapter.

[Pre-2008 Recodification Citation: 15-7-2-3.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-2-5Director's powers; delegation

     Sec. 5. (a) The director may do the following:

(1) Collect, compromise, adjust, or cancel claims and obligations arising out of or administered under:

(A) this chapter; or

(B) any mortgage, lease, contract, or agreement entered into or administered under this chapter.

(2) If in the director's judgment it is necessary and advisable, pursue a claim or an obligation described in subdivision (1) to final collection in any court having jurisdiction.

(3) Bid for and purchase at any execution, foreclosure, or other sale or otherwise acquire property:

(A) on which the director has a lien by reason of a judgment or execution; or

(B) that is pledged, mortgaged, or conveyed to secure or that otherwise secures any loan or other indebtedness owing to or acquired by the director under this chapter.

(4) Accept title to any property purchased or acquired under this section, operate or lease the property for a period considered necessary to protect the investment in the property, and sell or dispose of the property in a manner consistent with this chapter.

     (b) The authority under this section shall be delegated by the director to the United States Secretary of Agriculture with respect to funds or assets authorized to be administered and used by the director under agreements entered into under section 3 of this chapter.

[Pre-2008 Recodification Citation: 15-7-2-4.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-2-6Exemption from liability

     Sec. 6. The United States and the United States Secretary of Agriculture may not be held liable for the transfer of assets to the director under this chapter.

[Pre-2008 Recodification Citation: 15-7-2-5.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3Chapter 3. Repurchase of Farm or Industrial Machinery Inventory
           15-12-3-1Application of chapter
           15-12-3-2"All terrain vehicle"
           15-12-3-3"Current net price"
           15-12-3-4"Farm or industrial machinery"
           15-12-3-5"Inventory"
           15-12-3-6"Net cost"
           15-12-3-7"Person"
           15-12-3-8"Retailer"
           15-12-3-9"Retainage"
           15-12-3-10Repurchase of inventory; exceptions
           15-12-3-11Farm and industrial machinery repurchased; proof of purchase
           15-12-3-12Repurchase price; packaging
           15-12-3-13Title to inventory
           15-12-3-14Repurchase exceptions
           15-12-3-15Civil liability
           15-12-3-16Repurchase after death, incapacity, or insolvency
           15-12-3-17Inspection of inventory

 

IC 15-12-3-1Application of chapter

     Sec. 1. (a) This chapter applies to the following:

(1) Contracts that may be terminated or altered at will.

(2) Contracts formed or renewed after June 30, 1989.

     (b) This chapter may not be construed to impair the obligation of a contract in violation of Article 1, Section 24 of the Constitution of the State of Indiana.

     (c) This chapter does not affect a security interest that a wholesaler, manufacturer, or distributor may have in a retailer's inventory.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-7-7-1(a); subsection (b) formerly 15-7-7-1(b); subsection (c) formerly 15-7-7-18.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-2"All terrain vehicle"

     Sec. 2. As used in this chapter, "all terrain vehicle" has the meaning set forth in IC 14-8-2-5.7.

[Pre-2008 Recodification Citation: 15-7-7-2.]

As added by P.L.2-2008, SEC.3. Amended by P.L.86-2010, SEC.9.

 

IC 15-12-3-3"Current net price"

     Sec. 3. As used in this chapter, "current net price" means:

(1) the price listed by a wholesaler, manufacturer, or distributor of inventory in effect at the time a contract is terminated; minus

(2) an applicable trade or cash discount.

[Pre-2008 Recodification Citation: 15-7-7-3.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-4"Farm or industrial machinery"

     Sec. 4. (a) As used in this chapter, "farm or industrial machinery" means any of the following:

(1) A farm implement.

(2) A tractor.

(3) Farm machinery.

(4) Utility and industrial equipment.

(5) Construction machinery, including a track and wheel tractor, a motor grader, and an excavator.

(6) An attachment or repair part for a machine listed in subdivisions (1) through (5).

     (b) The term does not include an all terrain vehicle.

[Pre-2008 Recodification Citation: 15-7-7-4.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-5"Inventory"

     Sec. 5. As used in this chapter, "inventory" means farm or industrial machinery held by a retailer.

[Pre-2008 Recodification Citation: 15-7-7-5.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-6"Net cost"

     Sec. 6. As used in this chapter, "net cost" means:

(1) the price a retailer paid to a wholesaler, manufacturer, or distributor for inventory; minus

(2) any discounts, retainage, and prepaid freight or return freight.

[Pre-2008 Recodification Citation: 15-7-7-6.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-7"Person"

     Sec. 7. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, a trust, or an unincorporated association.

[Pre-2008 Recodification Citation: 15-7-7-7.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-8"Retailer"

     Sec. 8. (a) As used in this chapter, "retailer" means a person engaged in the business of selling, at retail, farm or industrial machinery.

     (b) The term does not include a retail seller of:

(1) petroleum products, if the sale of petroleum products is the primary purpose of the retail seller's business;

(2) motor vehicles (as defined in IC 9-13-2-105(a)); or

(3) automotive care and replacement products.

     (c) The term includes the heirs, personal representative, guardian, or receiver of a retailer.

[Pre-2008 Recodification Citation: 15-7-7-8.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-9"Retainage"

     Sec. 9. As used in this chapter, "retainage" refers to various purchase, invoice, and other discounts held by the supplier and due the retailer at a later time.

[Pre-2008 Recodification Citation: 15-7-7-9.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-10Repurchase of inventory; exceptions

     Sec. 10. (a) Upon the termination of a written or an unwritten contract between a retailer and a wholesaler, manufacturer, or distributor of farm or industrial machinery under which the retailer had agreed to maintain an inventory, the wholesaler, manufacturer, or distributor shall repurchase the inventory of the retailer under section 11 of this chapter.

     (b) If the retailer has an outstanding debt to the wholesaler, manufacturer, or distributor, the amount to be paid in repurchase of the inventory may be credited to the retailer's account.

     (c) The requirement under subsection (a) that a wholesaler, manufacturer, or distributor repurchase inventory does not apply when a contract is terminated based upon:

(1) the conviction of the retailer (or a principal owner or operator of the retailer) of an offense involving theft, dishonesty, or false statement; or

(2) a fraudulent misrepresentation by the retailer to the wholesaler, manufacturer, or distributor that is material to the contract.

[Pre-2008 Recodification Citation: 15-7-7-10.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-11Farm and industrial machinery repurchased; proof of purchase

     Sec. 11. (a) Except as provided in section 14 of this chapter, a wholesaler, manufacturer, or distributor shall repurchase farm or industrial machinery that:

(1) the retailer previously purchased from the wholesaler, manufacturer, or distributor; and

(2) the retailer held as inventory on the date of the termination of the contract.

     (b) For purposes of subsection (a)(1), proof of purchase from the supplier may include retail invoices from the supplier or a reference to an item in a current or past supplier price book.

[Pre-2008 Recodification Citation: 15-7-7-11.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-12Repurchase price; packaging

     Sec. 12. (a) The price for a repurchase under this chapter must equal the sum of:

(1) one hundred percent (100%) of the net cost of all new, unsold, undamaged, and complete farm or industrial machinery (except repair parts); plus

(2) one hundred percent (100%) of the current net price of all new, unused, and undamaged repair parts.

     (b) Except as provided in subsection (c), a wholesaler, manufacturer, or distributor that is required to repurchase farm or industrial machinery from a retailer under this chapter shall pay freight charges incurred in shipping the farm or industrial machinery (except repair parts) back to the wholesaler, manufacturer, or distributor.

     (c) A retailer shall pay freight charges incurred in shipping repair parts that are repurchased under this chapter back to the wholesaler, manufacturer, or distributor.

     (d) A retailer is responsible for the packaging of all farm or industrial machinery that is repurchased from the retailer under this chapter in preparation for the shipment of the machinery back to the wholesaler, manufacturer, or distributor.

[Pre-2008 Recodification Citation: 15-7-7-12.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-13Title to inventory

     Sec. 13. Upon the payment to the retailer of the repurchase price under section 12 of this chapter, the title to the inventory passes to the wholesaler, manufacturer, or distributor.

[Pre-2008 Recodification Citation: 15-7-7-13.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-14Repurchase exceptions

     Sec. 14. This chapter does not require the repurchase of any of the following:

(1) A repair part that has a limited storage life or is subject to deterioration, including rubber items, gaskets, batteries, solvents, and lubricants.

(2) A single repair part that is priced as a set of two (2) or more items.

(3) Inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer, or distributor, of clear title, free and clear of all claims, liens, and encumbrances.

(4) Inventory that the retailer desires to keep, provided the retailer has a contractual right to keep the inventory.

(5) Inventory that is not in a new, unused, and undamaged condition.

(6) Inventory that was ordered by the retailer on or after the date of notification of termination of the contract.

(7) Inventory that was acquired by the retailer from a source other than the wholesaler, manufacturer, or distributor.

(8) Complete farm and industrial machinery, except repair parts, that was purchased at least thirty-six (36) months before the date of termination.

(9) A repair part that is in a broken or damaged package, if the package is necessary for the resale of the repair part to a customer by a retailer.

[Pre-2008 Recodification Citation: 15-7-7-14.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-15Civil liability

     Sec. 15. A wholesaler, manufacturer, or distributor that fails or refuses to repurchase inventory as required under this chapter within ninety (90) days after the termination of a contract is liable in a civil action to the retailer for:

(1) one hundred percent (100%) of the current net price of repair parts;

(2) one hundred percent (100%) of the net cost of all other inventory;

(3) the retailer's reasonable attorney's fees;

(4) court costs; and

(5) interest on the amounts determined under subdivisions (1) through (2), computed at a simple interest rate that is set by the court at not less than six percent (6%) per year and not more than ten percent (10%) per year, and beginning to accrue on the sixty-first day after the termination of the contract.

[Pre-2008 Recodification Citation: 15-7-7-15.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-16Repurchase after death, incapacity, or insolvency

     Sec. 16. (a) If a retailer:

(1) is an individual who dies or is incapacitated; or

(2) is a corporation that becomes insolvent;

the retailer's heirs, personal representative, guardian, or receiver may compel a wholesaler, manufacturer, or distributor to repurchase the retailer's inventory under this chapter as if the retailer's contract had terminated.

     (b) The retailer's heirs, personal representative, guardian, or receiver must exercise the right provided by this section not later than one hundred eighty (180) days after the retailer's death, incapacitation, or insolvency. However, this section does not require the repurchase of inventory if the heirs, personal representative, guardian, or receiver enters into a new contract with the wholesaler, manufacturer, or distributor.

[Pre-2008 Recodification Citation: 15-7-7-16.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-3-17Inspection of inventory

     Sec. 17. A retailer, wholesaler, manufacturer, or distributor may, in person or through a representative, inspect all inventory and certify its acceptability when it is packed for shipment to the wholesaler, manufacturer, or distributor for repurchase under this chapter.

[Pre-2008 Recodification Citation: 15-7-7-17.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-4Chapter 4. Mediation Program
           15-12-4-1"Director"; "remediation program"
           15-12-4-2Establishment of program
           15-12-4-3Certification
           15-12-4-4Financial assistance
           15-12-4-5Rules
           15-12-4-6Mediator approval

 

IC 15-12-4-1"Director"; "remediation program"

     Sec. 1. The following definitions apply throughout this chapter:

(1) "Director" refers to the director of the Indiana state department of agriculture or the director's designee.

(2) "Remediation program" refers to the program established under section 2 of this chapter.

[Pre-2008 Recodification Citation: 15-7-8-1.]

As added by P.L.2-2008, SEC.3. Amended by P.L.120-2008, SEC.35.

 

IC 15-12-4-2Establishment of program

     Sec. 2. The director may establish a program under 7 U.S.C. 6991 et seq. (the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994) to provide procedures for mediating adverse decisions by agencies of the United States Department of Agriculture.

[Pre-2008 Recodification Citation: 15-7-8-2.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-4-3Certification

     Sec. 3. The remediation program may be certified by the United States Department of Agriculture.

[Pre-2008 Recodification Citation: 15-7-8-3.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-4-4Financial assistance

     Sec. 4. The director may apply to the Secretary of the United States Department of Agriculture for financial assistance for the operation and administration of the remediation program.

[Pre-2008 Recodification Citation: 15-7-8-4.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-4-5Rules

     Sec. 5. The director may adopt rules under IC 4-22-2 that are necessary to administer the remediation program.

[Pre-2008 Recodification Citation: 15-7-8-5.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-4-6Mediator approval

     Sec. 6. (a) The director must approve each mediator who serves in the remediation program.

     (b) Before a mediator may be approved, the director shall provide adequate training to the mediator to ensure that the mediator:

(1) has a reasonable expertise in agriculture, including a basic understanding of federal and state agricultural programs; and

(2) is not biased, prejudiced, or personally interested in the outcome of a proceeding.

[Pre-2008 Recodification Citation: 15-7-8-6.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5Chapter 5. Indiana Land Resources Council
           15-12-5-1"Council"
           15-12-5-2"Director"
           15-12-5-3Indiana land resources council established
           15-12-5-4Staff and administrative support
           15-12-5-5Council; purpose
           15-12-5-6Council; powers
           15-12-5-7Council; membership; terms
           15-12-5-8Chairperson
           15-12-5-9Quorum
           15-12-5-10Meetings
           15-12-5-11Records
           15-12-5-12Per diem and traveling expenses

 

IC 15-12-5-1"Council"

     Sec. 1. As used in this chapter, "council" refers to the Indiana land resources council established by section 3 of this chapter.

[Pre-2008 Recodification Citation: 15-7-9-3.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-2"Director"

     Sec. 2. As used in this chapter, "director" refers to the director of the Indiana state department of agriculture.

[Pre-2008 Recodification Citation: 15-7-9-2.]

As added by P.L.2-2008, SEC.3. Amended by P.L.120-2008, SEC.36.

 

IC 15-12-5-3Indiana land resources council established

     Sec. 3. The Indiana land resources council is established.

[Pre-2008 Recodification Citation: 15-7-9-4.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-4Staff and administrative support

     Sec. 4. The director shall provide the necessary staff and administrative support for the council.

[Pre-2008 Recodification Citation: 15-7-9-5.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-5Council; purpose

     Sec. 5. The purpose of the council is to:

(1) collect information; and

(2) provide:

(A) educational assistance;

(B) technical assistance; and

(C) advice;

to local governments regarding land use strategies and issues across the state.

[Pre-2008 Recodification Citation: 15-7-9-6.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-6Council; powers

     Sec. 6. The council may do the following:

(1) Provide technical assistance and information about land use strategies.

(2) Facilitate collaboration among commonly affected state, county, and local government units.

(3) Compile and maintain a land planning information library, both hard copy and electronic, that includes current data on land resources in Indiana.

(4) Establish or coordinate educational programs for governmental units, nongovernmental entities, and the public with special consideration for local planning commission members and county commissioners.

(5) Provide counties and local communities conducting land use planning with access to technical and legal assistance through a referral service.

(6) Provide information to local authorities on model ordinances for programs and techniques on land use.

(7) Obtain grants and assist counties and local communities in locating additional funding sources for planning projects.

(8) Make recommendations to the general assembly and other governmental bodies concerning land resources.

(9) When requested, advise the general assembly on proposals relating to land resources.

[Pre-2008 Recodification Citation: 15-7-9-7.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-7Council; membership; terms

     Sec. 7. (a) The council consists of the following members:

(1) The director or the director's designee.

(2) Nine (9) members appointed by the governor as follows:

(A) One (1) member representing county government.

(B) One (1) member representing municipal government.

(C) One (1) member representing farm owners.

(D) One (1) member representing home building and land development.

(E) One (1) member representing business.

(F) One (1) member representing the environment.

(G) One (1) member with expertise in land use issues representing academia.

(H) One (1) member representing soil and water conservation districts.

(I) One (1) member representing forestry.

     (b) Not more than five (5) of the members appointed by the governor under subsection (a)(2) may be of the same political party.

     (c) The term of a member is four (4) years.

     (d) Each member appointed by the governor under subsection (a)(2) is entitled to hold office for the term of the member's appointment and is entitled to continue to serve after expiration of the member's appointment until a successor is appointed and qualified.

     (e) A member is eligible for reappointment.

     (f) A member appointed by the governor under subsection (a)(2) may be removed from office by the governor and serves at the pleasure of the governor.

     (g) If a vacancy occurs among the members of the council appointed by the governor under subsection (a)(2), the governor shall appoint an individual to serve for the unexpired term of the vacating member.

[Pre-2008 Recodification Citation: 15-7-9-8.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-8Chairperson

     Sec. 8. The director or the director's designee serves as chairperson of the council.

[Pre-2008 Recodification Citation: 15-7-9-9.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-9Quorum

     Sec. 9. (a) A quorum of the council for transacting business consists of six (6) members.

     (b) The affirmative vote of at least six (6) members is necessary for any action to be taken by the council.

     (c) A vacancy in the membership of the council does not impair the right of a quorum to exercise all rights and perform all duties of the council.

[Pre-2008 Recodification Citation: 15-7-9-10.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-10Meetings

     Sec. 10. The council shall meet at the call of the chairperson.

[Pre-2008 Recodification Citation: 15-7-9-11.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-11Records

     Sec. 11. The council's records and information shall be kept at the office of the director.

[Pre-2008 Recodification Citation: 15-7-9-12.]

As added by P.L.2-2008, SEC.3.

 

IC 15-12-5-12Per diem and traveling expenses

     Sec. 12. (a) Each member of the council who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also 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.

     (b) Each member of the council who is a state employee 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.

[Pre-2008 Recodification Citation: 15-7-9-13.]

As added by P.L.2-2008, SEC.3.

 

IC 15-13ARTICLE 13. STATE FAIR
           Ch. 1.Definitions
           Ch. 2.State Fair Commission
           Ch. 3.Powers and Duties of the Commission
           Ch. 4.Property of the Commission
           Ch. 5.State Fair Board
           Ch. 6.State Fair Advisory Committee
           Ch. 7.Annual Agricultural Fair
           Ch. 8.State Fair Fund
           Ch. 9.Repealed
           Ch. 9.1.Effect of the Expiration of IC 15-13-9
           Ch. 10.Revenue Bonds
           Ch. 11.Center for Agricultural Science and Heritage

 

IC 15-13-1Chapter 1. Definitions
           15-13-1-1Application of definitions
           15-13-1-2"Advisory committee"
           15-13-1-3"Agricultural interest"
           15-13-1-4"Barn"
           15-13-1-5"Barn director"
           15-13-1-6"Board"
           15-13-1-7"Bond"
           15-13-1-8"Commission"
           15-13-1-9"Cost of project"
           15-13-1-10"District"
           15-13-1-11"Fair"
           15-13-1-12"Fairgrounds"
           15-13-1-13"Fund"
           15-13-1-14"Political subdivision"
           15-13-1-15"Project"
           15-13-1-16"Property"
           15-13-1-17"Trustees"

 

IC 15-13-1-1Application of definitions

     Sec. 1. The definitions in this chapter apply throughout this article.

[Pre-2008 Recodification Citation: 15-1.5-1-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-2"Advisory committee"

     Sec. 2. "Advisory committee" refers to the state fair advisory committee established by IC 15-13-6-1.

[Pre-2008 Recodification Citation: 15-1-1.5-2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-3"Agricultural interest"

     Sec. 3. "Agricultural interest" means any of the following:

(1) The Indiana Farm Bureau, Inc.

(2) The Farmers' Union.

(3) The Grange.

(4) The National Farmers Organization.

(5) A county or another regularly organized agricultural fair, including a county 4-H fair.

(6) The beef cattle industry.

(7) The dairy cattle industry.

(8) The grain growers' industry.

(9) Home economic clubs.

(10) The horticulture industry.

(11) Horse associations.

(12) The poultry industry.

(13) The sheep industry.

(14) The swine industry.

(15) The vegetable growers' industry.

(16) A county cooperative extension board.

(17) A soil and water conservation district.

[Pre-2008 Recodification Citation: 15-1.5-1-2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-4"Barn"

     Sec. 4. "Barn" refers to the center for agricultural science and heritage established by IC 15-13-11-1.

[Pre-2008 Recodification Citations: part formerly 15-1-1.5-0.5; part formerly 15-1.5-1-11.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-5"Barn director"

     Sec. 5. "Barn director" refers to the individual who administers the educational programs and operations of the barn.

[Pre-2008 Recodification Citation: 15-1.5-1-12.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-6"Board"

     Sec. 6. "Board" refers to the state fair board established by IC 15-13-5-1.

[Pre-2008 Recodification Citations: part formerly 15-1-1.5-1; part formerly 15-1.5-1-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-7"Bond"

     Sec. 7. "Bond" means a revenue bond issued by the commission under IC 15-13-10.

[Pre-2008 Recodification Citation: 15-1.5-1-2.5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-8"Commission"

     Sec. 8. "Commission" refers to the state fair commission established by IC 15-13-2-1.

[Pre-2008 Recodification Citations: part formerly 15-1-1.5-1.5; part formerly 15-1.5-1-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-9"Cost of project"

     Sec. 9. "Cost of a project", for purposes of IC 15-13-10, has the meaning set forth in IC 15-13-10-1.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-10"District"

     Sec. 10. "District" means any of the following districts:

(1) District 1 consists of the following counties:

Benton County

Carroll County

Jasper County

Lake County

Newton County

Porter County

Pulaski County

Starke County

White County.

(2) District 2 consists of the following counties:

Cass County

Elkhart County

Fulton County

Howard County

Kosciusko County

LaPorte County

Marshall County

Miami County

St. Joseph County

Whitley County.

(3) District 3 consists of the following counties:

Adams County

Allen County

Blackford County

DeKalb County

Delaware County

Grant County

Huntington County

Jay County

LaGrange County

Noble County

Steuben County

Wabash County

Wells County.

(4) District 4 consists of the following counties:

Bartholomew County

Dearborn County

Decatur County

Fayette County

Franklin County

Hamilton County

Hancock County

Henry County

Jennings County

Johnson County

Madison County

Ohio County

Randolph County

Ripley County

Rush County

Shelby County

Switzerland County

Union County

Wayne County.

(5) District 5 consists of the following counties:

Clark County

Crawford County

Daviess County

Dubois County

Floyd County

Gibson County

Harrison County

Jackson County

Jefferson County

Knox County

Lawrence County

Martin County

Orange County

Perry County

Pike County

Posey County

Scott County

Spencer County

Vanderburgh County

Warrick County

Washington County.

(6) District 6 consists of the following counties:

Boone County

Brown County

Clay County

Clinton County

Fountain County

Greene County

Hendricks County

Monroe County

Montgomery County

Morgan County

Owen County

Parke County

Putnam County

Sullivan County

Tippecanoe County

Tipton County

Vermillion County

Vigo County

Warren County.

(7) District 7 consists of the following county:

Marion County.

[Pre-2008 Recodification Citation: 15-1.5-1-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-11"Fair"

     Sec. 11. "Fair" refers to the fair held by the board under IC 15-13-7.

[Pre-2008 Recodification Citation: 15-1.5-1-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-12"Fairgrounds"

     Sec. 12. "Fairgrounds" means the real estate owned by the commission that was originally conveyed to the state by the Indiana state board of agriculture by warranty deed dated May 31, 1921, and recorded in the office of the recorder of Marion County on April 21, 1923, in Land Record 74, page 347.

[Pre-2008 Recodification Citation: 15-1.5-1-7.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-13"Fund"

     Sec. 13. "Fund" refers to the state fair fund established by IC 15-13-8-1.

[Pre-2008 Recodification Citation: 15-1.5-1-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-14"Political subdivision"

     Sec. 14. "Political subdivision" has the meaning set forth in IC 36-1-2-13.

[Pre-2008 Recodification Citation: 15-1.5-1-9.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-15"Project"

     Sec. 15. "Project", for purposes of IC 15-13-10, has the meaning set forth in IC 15-13-10-2.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-1-16"Property"

     Sec. 16. "Property" has the meaning set forth in IC 35-31.5-2-253.

[Pre-2008 Recodification Citation: 15-1.5-1-10.]

As added by P.L.2-2008, SEC.4. Amended by P.L.114-2012, SEC.38.

 

IC 15-13-1-17"Trustees"

     Sec. 17. "Trustees" refers to the board of trustees for the barn established by IC 15-13-11-2.

[Pre-2008 Recodification Citation: 15-1.5-1-13.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2Chapter 2. State Fair Commission
           15-13-2-1State fair commission established
           15-13-2-2Membership of commission
           15-13-2-3Commission; terms; reappointment
           15-13-2-4Commission; appointments; unexpired terms
           15-13-2-5Appointment of officers
           15-13-2-6Per diem and traveling expenses
           15-13-2-7Quorum
           15-13-2-8Administration of article
           15-13-2-9Rules
           15-13-2-10Executive director
           15-13-2-11Staff
           15-13-2-12Executive director; delegation of powers
           15-13-2-13Repealed
           15-13-2-14Expenses of the commission
           15-13-2-15Surety bonds

 

IC 15-13-2-1State fair commission established

     Sec. 1. (a) The state fair commission is established.

     (b) The commission:

(1) is a separate body, corporate and politic;

(2) is not a state agency; and

(3) performs essential governmental functions.

[Pre-2008 Recodification Citation: 15-1.5-2-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-2Membership of commission

     Sec. 2. (a) The commission consists of eight (8) members as follows:

(1) Five (5) members appointed by the governor.

(2) The presiding officer of the board.

(3) The director of the Indiana state department of agriculture appointed under IC 15-11-3-1 or the director's designee.

(4) The presiding officer of the trustees elected under IC 15-13-11-7 or the presiding officer's designee who must be selected from the membership of the trustees.

     (b) The chairperson of the advisory committee appointed under IC 15-13-6-2(d) or a member of the advisory committee designated by the chairperson may serve as an ex officio nonvoting member of the commission.

     (c) Not more than:

(1) one (1) member appointed under subsection (a)(1) may reside in the same district; and

(2) three (3) members appointed under subsection (a)(1) may be affiliated with the same political party.

Each district is not required to have a member of the commission represent it.

     (d) Two (2) members appointed under subsection (a)(1) must have a recognized interest in agriculture or agribusiness.

[Pre-2008 Recodification Citation: 15-1.5-2-2.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.37.

 

IC 15-13-2-3Commission; terms; reappointment

     Sec. 3. (a) Except as provided in subsection (d), the term of an individual appointed under section 2(a)(1) of this chapter begins on the later of the following:

(1) October 1 after the expiration of the term of the member whom the individual is appointed to succeed.

(2) The day the individual is appointed by the governor.

     (b) The term of a member appointed under section 2(a)(1) of this chapter expires on September 30 of the fourth year after the expiration of the term of the member's immediate predecessor.

     (c) Except as provided in subsection (d), the governor may reappoint a member appointed under section 2(a)(1) of this chapter for a new term. A member reappointed by the governor is the member's own:

(1) successor for purposes of subsection (a); and

(2) immediate predecessor for purposes of subsection (b).

     (d) An individual may not serve as a member under section 2(a)(1) of this chapter for more than eight (8) years in any twelve (12) year period, except as provided in section 4(c) of this chapter.

     (e) The member serving under section 2(a)(2) of this chapter serves until the member is not the presiding officer of the board.

[Pre-2008 Recodification Citation: 15-1.5-2-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-4Commission; appointments; unexpired terms

     Sec. 4. (a) The governor shall appoint an individual qualified under sections 2 and 3 of this chapter to fill a vacancy on the commission.

     (b) An individual appointed by the governor under subsection (a) serves the remainder of the unexpired term of the member the individual replaces.

     (c) The period of the unexpired term for which an individual serves after appointment under this section is not considered in determining the number of years that a member has served in a twelve (12) year period for purposes of section 3(d) of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-2-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-5Appointment of officers

     Sec. 5. (a) The governor shall appoint a member appointed under section 2(a)(1) of this chapter to be the presiding officer of the commission. The presiding officer of the commission serves until the earlier of the following:

(1) The member's term expires.

(2) The member is replaced as presiding officer by the governor.

     (b) The commission may elect other officers for the commission from the commission's membership.

[Pre-2008 Recodification Citation: 15-1.5-2-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-6Per diem and traveling expenses

     Sec. 6. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also 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.

     (b) Each member of the commission who is a state employee 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.

[Pre-2008 Recodification Citation: 15-1.5-2-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-7Quorum

     Sec. 7. A majority of the members of the commission constitutes a quorum for the transaction of business.

[Pre-2008 Recodification Citation: 15-1.5-2-13.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-8Administration of article

     Sec. 8. The commission shall administer this article.

[Pre-2008 Recodification Citation: 15-1.5-2-7.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-9Rules

     Sec. 9. The commission may adopt rules under IC 4-22-2 to implement this article.

[Pre-2008 Recodification Citation: 15-1.5-2-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-10Executive director

     Sec. 10. (a) The commission shall employ an executive director who is the chief administrative officer of the commission.

     (b) The executive director shall implement the policies of the commission.

     (c) The commission may delegate to the executive director any of the commission's powers. The commission may make a delegation under this subsection by either of the following:

(1) A resolution adopted by the commission.

(2) A rule adopted by the commission under IC 4-22-2.

[Pre-2008 Recodification Citation: 15-1.5-2-9.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-11Staff

     Sec. 11. The executive director may hire staff for the commission.

[Pre-2008 Recodification Citation: 15-1.5-2-10.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-12Executive director; delegation of powers

     Sec. 12. The executive director may delegate a power or duty of the executive director to a member of the staff.

[Pre-2008 Recodification Citation: 15-1.5-2-11.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-13Repealed

[Pre-2008 Recodification Citation: 15-1.5-2-10.5.]

As added by P.L.2-2008, SEC.4. Repealed by P.L.177-2011, SEC.5.

 

IC 15-13-2-14Expenses of the commission

     Sec. 14. The commission shall pay the expenses of the commission from the money of the commission, including the fund.

[Pre-2008 Recodification Citation: 15-1.5-2-12.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-2-15Surety bonds

     Sec. 15. (a) Before the issuance of any bonds under this chapter:

(1) the executive director of the commission;

(2) each member of the commission; and

(3) any other employee or agent of the commission authorized by resolution of the commission to handle funds or sign checks;

shall execute a surety bond in the penal sum of fifty thousand dollars ($50,000).

     (b) If an individual described in subsection (a)(1) through (a)(3) is already covered by a bond required by state law, the individual does not need to obtain another bond if the bond required by state law:

(1) is in at least the penal sum specified in subsection (a); and

(2) covers the individual's activities for the authority.

     (c) Instead of the surety bond required under subsection (a), the chairperson of the commission may execute a blanket surety bond covering each member, the executive director, and the employees or other officers of the commission.

     (d) A surety bond required under this section must be:

(1) conditioned upon the faithful performance of the individual's duties; and

(2) issued by a surety company authorized to transact business in Indiana as a surety.

     (e) After the issuance of any surety bonds, the surety bonds must be maintained in full force and effect at all times.

     (f) The commission shall pay the costs of the surety bonds issued under this section.

[Pre-2008 Recodification Citation: 15-1.5-2-14.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3Chapter 3. Powers and Duties of the Commission
           15-13-3-1Maintenance and development of fairgrounds and property
           15-13-3-2Administration of fairgrounds and property
           15-13-3-3Holding fair, expositions, and exhibitions
           15-13-3-4Commission; powers
           15-13-3-5Unlawful activities
           15-13-3-6Use of fairgrounds and other property
           15-13-3-7Accounting system; audit
           15-13-3-8Rules
           15-13-3-9Report to the advisory committee
           15-13-3-10Annual report
           15-13-3-11State fair subsidiary corporation

 

IC 15-13-3-1Maintenance and development of fairgrounds and property

     Sec. 1. The commission shall maintain and develop the:

(1) fairgrounds; and

(2) other property owned by the commission.

[Pre-2008 Recodification Citation: 15-1.5-3-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-2Administration of fairgrounds and property

     Sec. 2. The commission shall administer the:

(1) fairgrounds; and

(2) property owned by the commission;

to provide for maximum use of the fairgrounds and property of the commission for the benefit of the citizens of Indiana.

[Pre-2008 Recodification Citation: 15-1.5-3-2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-3Holding fair, expositions, and exhibitions

     Sec. 3. (a) The commission is responsible for holding the fair. Holding the fair shall be given priority over all other activities by the commission during the period the fair is held.

     (b) In addition to holding the fair, the commission may:

(1) hold expositions;

(2) hold exhibitions; and

(3) engage in any other lawful activity that does not interfere with the operation of the fair.

[Pre-2008 Recodification Citation: 15-1.5-3-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-4Commission; powers

     Sec. 4. The commission may do the following:

(1) Enter into contracts related to the commission's powers and duties under this article.

(2) Receive gifts.

(3) Charge admissions.

(4) Purchase, lease, and sell real and personal property.

(5) Make improvements to the fairgrounds and property owned by the commission.

[Pre-2008 Recodification Citation: 15-1.5-3-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-5Unlawful activities

     Sec. 5. The commission may not permit unlawful activities to be conducted on any of the following:

(1) The fairgrounds.

(2) Property owned by the commission.

[Pre-2008 Recodification Citation: 15-1.5-3-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-6Use of fairgrounds and other property

     Sec. 6. The commission has complete control over the use of the:

(1) fairgrounds; and

(2) property owned by the commission.

[Pre-2008 Recodification Citation: 15-1.5-3-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-7Accounting system; audit

     Sec. 7. (a) The commission shall adopt a cost accounting system that is governed by generally accepted accounting principles.

     (b) The commission is subject to audit by the state board of accounts.

[Pre-2008 Recodification Citation: 15-1.5-3-7.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-8Rules

     Sec. 8. The commission shall adopt rules under IC 4-22-2 relating to the following:

(1) Procurement of property.

(2) Disposition of property owned by the commission.

(3) Contracting procedures.

[Pre-2008 Recodification Citation: 15-1.5-3-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-9Report to the advisory committee

     Sec. 9. At the first meeting each year of the advisory committee, the commission shall report the following:

(1) The activities of the commission during the previous calendar year.

(2) The financial condition of the commission for the commission's most recently completed fiscal year.

(3) The commission's plans for the current calendar year.

(4) The activities and financial condition of any nonprofit subsidiary corporation established under section 11 of this chapter for the subsidiary corporation's most recent fiscal year.

[Pre-2008 Recodification Citation: 15-1.5-3-9.]

As added by P.L.2-2008, SEC.4. Amended by P.L.20-2011, SEC.1.

 

IC 15-13-3-10Annual report

     Sec. 10. (a) Promptly following the close of a fiscal year, the commission shall submit an annual report of the commission's activities for the preceding year to the:

(1) governor;

(2) budget committee; and

(3) general assembly.

     (b) The annual report submitted under this section to the general assembly must be in an electronic format under IC 5-14-6.

     (c) The annual report must set forth a complete operating and financial statement of the commission during that year.

[Pre-2008 Recodification Citation: 15-1.5-3-10.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-3-11State fair subsidiary corporation

     Sec. 11. (a) The commission may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.

     (b) A subsidiary corporation established under this section:

(1) shall use money received under subsection (a) to carry out in any manner the purposes and programs under this article;

(2) shall report to the budget committee each year concerning:

(A) the use of money received under subsection (a); and

(B) the balances in any accounts or funds established by the subsidiary corporation; and

(3) may deposit money received under subsection (a) in an account or fund that is:

(A) administered by the subsidiary corporation; and

(B) not part of the state treasury.

     (c) A subsidiary corporation established under this section is governed by a board of directors comprised of the members of the commission.

     (d) Employees of the commission shall provide administrative support for a subsidiary corporation established under this section.

     (e) The state board of accounts shall audit a subsidiary corporation established under this section.

As added by P.L.20-2011, SEC.2. Amended by P.L.6-2012, SEC.108; P.L.181-2015, SEC.38.

 

IC 15-13-4Chapter 4. Property of the Commission
           15-13-4-1Title to property
           15-13-4-2Fairgrounds held in trust; disposal of fairground property
           15-13-4-3Disposal of real property; consent of governor
           15-13-4-4Exemptions; taxes, fees, and licenses
           15-13-4-5Interest in fairgrounds or property

 

IC 15-13-4-1Title to property

     Sec. 1. The commission holds title to property in the commission's name.

[Pre-2008 Recodification Citation: 15-1.5-6-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-4-2Fairgrounds held in trust; disposal of fairground property

     Sec. 2. (a) The commission holds the fairgrounds in trust for the state.

     (b) The commission may not dispose of any part of the fairgrounds except as authorized by a statute specifically providing for disposal of that part of the fairgrounds.

[Pre-2008 Recodification Citation: 15-1.5-6-2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-4-3Disposal of real property; consent of governor

     Sec. 3. The commission may not dispose of real property owned by the commission not covered under section 2 of this chapter without the consent of the governor.

[Pre-2008 Recodification Citation: 15-1.5-6-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-4-4Exemptions; taxes, fees, and licenses

     Sec. 4. The fairgrounds and property of the commission are exempt from the following:

(1) State taxes.

(2) Local taxes.

(3) License fees.

(4) Special assessments.

[Pre-2008 Recodification Citation: 15-1.5-6-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-4-5Interest in fairgrounds or property

     Sec. 5. The following may not take an interest in the fairgrounds or property owned by the commission without the consent of the commission:

(1) A political subdivision.

(2) A utility.

[Pre-2008 Recodification Citation: 15-1.5-6-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5Chapter 5. State Fair Board
           15-13-5-1State fair board established
           15-13-5-2Membership of board; qualifications
           15-13-5-3Board; terms; reappointment
           15-13-5-4Board; vacancy
           15-13-5-5Presiding officer; other officers
           15-13-5-6Per diem and travel expenses
           15-13-5-7Expenses of the board
           15-13-5-8Holding property in name of board prohibited
           15-13-5-9Certification of organization to vote
           15-13-5-10Requirements for certification of organization to vote
           15-13-5-11State organizations; certification
           15-13-5-12District organizations; certification
           15-13-5-13Certification when more than one organization represents county agriculture
           15-13-5-14Convention to elect committee member; notice
           15-13-5-15Convention elections; credentials; copies
           15-13-5-16Presiding officer at convention
           15-13-5-17Election of member's successor
           15-13-5-18District convention rules
           15-13-5-19Credentials to vote at convention; contesting credentials
           15-13-5-20Voting at district convention
           15-13-5-21District representative; qualifications
           15-13-5-22Certified election results
           15-13-5-23Rules; forms

 

IC 15-13-5-1State fair board established

     Sec. 1. The state fair board is established.

[Pre-2008 Recodification Citation: 15-1.5-4-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-2Membership of board; qualifications

     Sec. 2. (a) The board consists of seventeen (17) members as follows:

(1) The governor or the governor's designee.

(2) The director of the Indiana state department of agriculture or the director's designee.

(3) The director of the cooperative extension service of Purdue University or the director's designee.

(4) Seven (7) members appointed under this chapter by the governor, one (1) from each district.

(5) One (1) member elected under this chapter from each district.

     (b) Not more than one (1) member appointed under subsection (a)(4) may reside in the same district.

     (c) Not more than four (4) members appointed under subsection (a)(4) may be affiliated with the same political party.

     (d) Each member appointed under subsection (a)(4) must have a recognized interest in agriculture or agribusiness.

     (e) When an appointment of a member under subsection (a)(4) is required, the appointment may not be made until after the election of members under subsection (a)(5) for that year is certified under section 22 of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-4-2.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.38.

 

IC 15-13-5-3Board; terms; reappointment

     Sec. 3. (a) Except as provided in subsection (d), the term of an individual as a member under section 2(a)(4) or 2(a)(5) of this chapter begins on the later of the following:

(1) October 1 after the expiration of the term of the member whom the individual is appointed or elected to succeed.

(2) For an individual appointed under section 2(a)(4) of this chapter, the day the individual is appointed by the governor.

     (b) The term of a member under section 2(a)(4) or 2(a)(5) of this chapter expires on September 30 of the fourth year after the expiration of the term of the member's immediate predecessor.

     (c) Except as provided in subsection (d), a member of the board may be reappointed or reelected for a new term. A member reappointed or reelected is the member's own:

(1) successor for purposes of subsection (a); and

(2) immediate predecessor for purposes of subsection (b).

     (d) An individual may not serve as a member under section 2(a)(4) or 2(a)(5) of this chapter for more than eight (8) years in any twelve (12) year period, except as provided in section 4(c) of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-4-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-4Board; vacancy

     Sec. 4. (a) The governor shall appoint an individual qualified under sections 2 and 3 of this chapter to fill a vacancy on the board.

     (b) The individual appointed by the governor under subsection (a) serves the remainder of the unexpired term of the member the individual replaces.

     (c) The period of the unexpired term for which an individual serves after appointment under this section is not considered in determining the number of years that a member has served in a twelve (12) year period for purposes of section 3(d) of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-4-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-5Presiding officer; other officers

     Sec. 5. (a) The board shall elect a member serving under section 2(a)(5) of this chapter to be the presiding officer of the board. The member elected under this section is the presiding officer of the board until the earlier of the following:

(1) The date the member's term expires.

(2) The date the member is replaced as presiding officer by the board.

     (b) The board may elect other officers for the board from the board's membership.

[Pre-2008 Recodification Citation: 15-1.5-4-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-6Per diem and travel expenses

     Sec. 6. (a) Subject to subsection (c), each member of the board who is not a state employee is entitled to receive the following:

(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).

(2) Subject to subsection (c), reimbursement for travel expenses 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.

     (b) Subject to subsection (c), each member of the board who is a state employee is entitled to reimbursement for traveling expenses 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.

     (c) The commission shall adopt a policy for:

(1) the number of meetings the board may hold; and

(2) payment of per diem and travel expenses:

(A) for board meetings; and

(B) during the time the fair is held.

[Pre-2008 Recodification Citation: 15-1.5-4-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-7Expenses of the board

     Sec. 7. The commission shall pay the expenses of the board approved by the commission from the money of the commission.

[Pre-2008 Recodification Citation: 15-1.5-4-7.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-8Holding property in name of board prohibited

     Sec. 8. The board may not hold property in the board's name.

[Pre-2008 Recodification Citation: 15-1.5-4-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-9Certification of organization to vote

     Sec. 9. If an organization wants to be certified to vote in an election under this chapter, the organization must apply to the director of the Indiana state department of agriculture.

[Pre-2008 Recodification Citation: 15-1.5-4-9.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.39.

 

IC 15-13-5-10Requirements for certification of organization to vote

     Sec. 10. (a) Subject to sections 11 through 13 of this chapter, the director of the Indiana state department of agriculture shall certify an organization that applies under section 9 of this chapter as eligible to vote in a district election under this chapter only if the organization:

(1) is an agricultural interest;

(2) is regularly organized within the district;

(3) has at least ten (10) active members;

(4) has elected officers;

(5) has an annual meeting;

(6) has been in existence for at least one (1) year before the application for certification is filed with the director of the Indiana state department of agriculture; and

(7) before July 1 of the year of the election in which the organization wants to participate, files with the director of the Indiana state department of agriculture:

(A) the name of the organization;

(B) the names and addresses of the organization's officers;

(C) the name, address, and title of the individual who is authorized by the organization to vote for the organization in an election under this chapter;

(D) the number of the organization's active members;

(E) a certification that the organization is eligible to be certified under this chapter; and

(F) other information required by the director of the Indiana state department of agriculture.

     (b) A certification under subsection (a) expires July 1 of the fourth year after the certification is issued by the director of the Indiana state department of agriculture.

[Pre-2008 Recodification Citation: 15-1.5-4-10.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.40.

 

IC 15-13-5-11State organizations; certification

     Sec. 11. (a) If an organization organized on a statewide basis has an affiliated organization in any county of a district:

(1) the affiliated organization may be certified; and

(2) the organization organized on a statewide basis may not be certified;

for the district under section 10 of this chapter.

     (b) If subsection (a) does not apply, but the organization organized on a statewide basis has an affiliated organization within the district:

(1) the affiliated organization may be certified; and

(2) the organization organized on a statewide basis may not be certified;

for the district under section 10 of this chapter. The affiliated organization may cast only one (1) vote in a district election.

     (c) If subsections (a) and (b) do not apply, the organization organized on a statewide basis:

(1) may be certified for the district under section 10 of this chapter; and

(2) may cast only one (1) vote in a district election.

[Pre-2008 Recodification Citation: 15-1.5-4-11.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-12District organizations; certification

     Sec. 12. (a) If an organization organized only on a district level basis has an affiliated organization in any county of a district:

(1) the affiliated organization may be certified; and

(2) the organization organized only on a district level basis may not be certified;

for the district under section 10 of this chapter.

     (b) If subsection (a) does not apply, the organization organized only on a district level basis:

(1) may be certified for the district under section 10 of this chapter; and

(2) may cast only one (1) vote in a district election.

[Pre-2008 Recodification Citation: 15-1.5-4-12.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-13Certification when more than one organization represents county agriculture

     Sec. 13. (a) The director of the Indiana state department of agriculture may not certify for a district under section 10 of this chapter more than two (2) organizations in a county in the district that satisfy the requirements of section 10 of this chapter.

     (b) If more than two (2) organizations in a county in a district that satisfy the requirements of section 10 of this chapter apply for certification, the director of the Indiana state department of agriculture may certify any two (2) of those organizations, considering the following criteria:

(1) Order of application for certification.

(2) Number of members of each organization.

(3) How long each organization has been in existence.

(4) Activity of each organization in promotion of agricultural interests.

(5) Diversity of representation of interests within the agricultural community.

[Pre-2008 Recodification Citation: 15-1.5-4-13.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.41.

 

IC 15-13-5-14Convention to elect committee member; notice

     Sec. 14. (a) Before September 1 of the year the term of a member representing a district expires, the director of the Indiana state department of agriculture shall notify each organization certified for the district under section 10 of this chapter that a district convention will be held to elect the member to represent the district.

     (b) Subject to section 17 of this chapter, the director of the Indiana state department of agriculture shall:

(1) state in the notice required by subsection (a) the date, time, and place of the district convention and the name of the presiding officer; and

(2) choose a date, time, and place that will encourage maximum participation in the district convention by organizations referred to in subsection (a).

[Pre-2008 Recodification Citation: 15-1.5-4-14.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.42.

 

IC 15-13-5-15Convention elections; credentials; copies

     Sec. 15. The director of the Indiana state department of agriculture shall send copies of the credentials of each individual entitled to vote in a district convention to the following:

(1) The board member representing the district.

(2) The individual who will preside over the district convention.

[Pre-2008 Recodification Citation: 15-1.5-4-15.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.43.

 

IC 15-13-5-16Presiding officer at convention

     Sec. 16. (a) The director of the Indiana state department of agriculture shall choose from among the members of the commission the individual to preside at a district convention.

     (b) The presiding officer of the convention may vote in the case of a tie vote on any matter.

[Pre-2008 Recodification Citation: 15-1.5-4-16.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.44.

 

IC 15-13-5-17Election of member's successor

     Sec. 17. (a) During September before the term of a member representing a district expires, the individuals designated under section 10(a)(7)(C) of this chapter for each organization certified under section 10 of this chapter for the district shall meet in a district convention to elect the member's successor.

     (b) Voting under subsection (a) is by voice concurrent with the submission of a signed written ballot by each person voting indicating the person's vote.

[Pre-2008 Recodification Citation: 15-1.5-4-17.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-18District convention rules

     Sec. 18. The director of the Indiana state department of agriculture shall adopt rules for the business of a district convention. Rules adopted under this section may not be inconsistent with this chapter.

[Pre-2008 Recodification Citation: 15-1.5-4-18.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.45.

 

IC 15-13-5-19Credentials to vote at convention; contesting credentials

     Sec. 19. (a) Except as provided in subsection (b), the credentials of an individual issued under this chapter are conclusive of the right of the individual to vote at the district convention.

     (b) A person may contest the validity of the credentials of an individual by alleging facts constituting fraud or misrepresentation in securing the credentials. The affidavit must be filed with the presiding officer of the district convention not later than the date of the district convention.

     (c) If a person contests the validity of the credentials of an individual under subsection (b), the validity of the individual's credentials shall be determined by a majority vote of all individuals representing the county of the individual whose credentials are contested.

[Pre-2008 Recodification Citation: 15-1.5-4-19.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-20Voting at district convention

     Sec. 20. Except as provided in section 16 of this chapter, an individual may not vote at a district convention if the individual does not have valid credentials issued under this chapter.

[Pre-2008 Recodification Citation: 15-1.5-4-20.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-21District representative; qualifications

     Sec. 21. (a) To be elected as a member to represent a district, an individual must:

(1) be a resident within the district; and

(2) have the other qualifications to be a member of the board under this chapter.

     (b) If an individual receives a majority of the votes cast at a district convention, the individual is elected as a member to represent the district.

[Pre-2008 Recodification Citation: 15-1.5-4-21.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-22Certified election results

     Sec. 22. The presiding officer of a district convention shall certify the results of the election under section 21 of this chapter to the commission and to the board.

[Pre-2008 Recodification Citation: 15-1.5-4-22.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-5-23Rules; forms

     Sec. 23. The director of the Indiana state department of agriculture may:

(1) adopt rules under IC 4-22-2; and

(2) prescribe forms;

to implement sections 9 through 22 of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-4-23.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.46.

 

IC 15-13-6Chapter 6. State Fair Advisory Committee
           15-13-6-1State fair advisory committee established
           15-13-6-2Advisory committee; members; vacancy; appointments
           15-13-6-3Meetings
           15-13-6-4Powers and duties
           15-13-6-5Duty to provide information; staff

 

IC 15-13-6-1State fair advisory committee established

     Sec. 1. The state fair advisory committee is established.

[Pre-2008 Recodification Citation: 15-1-1.5-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-6-2Advisory committee; members; vacancy; appointments

     Sec. 2. (a) The advisory committee consists of the following members:

(1) Four (4) members of the senate, not more than two (2) of whom are members of the same political party, appointed by the president pro tempore of the senate.

(2) Four (4) members of the house of representatives, not more than two (2) of whom are members of the same political party, appointed by the speaker of the house of representatives.

     (b) A member appointed under subsection (a) serves until the first day of the first regular session of the next general assembly following the member's appointment.

     (c) A vacancy on the advisory committee shall be filled for the unexpired term by the appointing authority who appointed the member whose position is vacant.

     (d) After appointment of the members of the advisory committee under subsection (a), the:

(1) speaker of the house of representatives shall name one (1) of the members as chairperson; and

(2) president pro tempore of the senate shall name another member as vice chairperson.

The chairperson and the vice chairperson serve until the first day of the second regular session of that general assembly. The vice chairperson during the first session then becomes the chairperson, and the chairperson during the first session becomes the vice chairperson. The appointing authority may name a different chairperson or vice chairperson at any time.

[Pre-2008 Recodification Citation: 15-1-1.5-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-6-3Meetings

     Sec. 3. The advisory committee shall meet:

(1) at the times the advisory committee determines; or

(2) more frequently if the chairperson considers a meeting necessary.

[Pre-2008 Recodification Citation: 15-1-1.5-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-6-4Powers and duties

     Sec. 4. The advisory committee shall do the following:

(1) Serve as a liaison between the:

(A) commission;

(B) board of trustees of the barn;

(C) board; and

(D) general assembly.

(2) Review policies affecting the activities of the:

(A) commission;

(B) barn;

(C) state fair;

(D) facilities at the fairgrounds; and

(E) property owned by the commission.

(3) Provide long range guidance for the:

(A) commission;

(B) board of trustees of the barn; and

(C) board.

(4) Review annually the:

(A) commission's;

(B) board of trustees of the barn's; and

(C) board's;

budgets and other accounts and report financial conditions to the legislative council. A report under this subdivision to the legislative council must be in electronic format under IC 5-14-6.

(5) Further advise the budget committee regarding appropriations and other financial matters concerning the:

(A) commission;

(B) board of trustees of the barn; and

(C) board.

(6) Propose, review, and make recommendations concerning legislation affecting the:

(A) commission;

(B) barn; and

(C) board.

[Pre-2008 Recodification Citation: 15-1-1.5-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-6-5Duty to provide information; staff

     Sec. 5. (a) As requested by the advisory committee, the:

(1) commission;

(2) board; or

(3) board of trustees of the barn;

shall provide to the advisory committee information relating to the operation of each, respectively.

     (b) The department of agriculture shall provide staff for the advisory committee.

[Pre-2008 Recodification Citation: 15-1-1.5-9.]

As added by P.L.2-2008, SEC.4. Amended by P.L.53-2014, SEC.132.

 

IC 15-13-7Chapter 7. Annual Agricultural Fair
           15-13-7-1Annual state agriculture fair; required
           15-13-7-2Policies of the commission
           15-13-7-3Operation of the fair

 

IC 15-13-7-1Annual state agriculture fair; required

     Sec. 1. The board shall hold one (1) state agricultural fair each year. The fair must emphasize agriculture and agribusiness.

[Pre-2008 Recodification Citation: 15-1.5-5-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-7-2Policies of the commission

     Sec. 2. In holding the fair, the board is subject to the policies of the commission.

[Pre-2008 Recodification Citation: 15-1.5-5-2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-7-3Operation of the fair

     Sec. 3. The executive director employed under IC 15-13-2-10 is responsible for the day to day operation of the fair.

[Pre-2008 Recodification Citation: 15-1.5-5-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8Chapter 8. State Fair Fund
           15-13-8-1State fair fund established
           15-13-8-2Administration of fund
           15-13-8-3Tax levy; prohibition on tax levy after December 31, 2008
           15-13-8-4Investment; interest
           15-13-8-5Nonreversion of fund
           15-13-8-6Fund uses
           15-13-8-7Allotment
           15-13-8-8Deposit of funds; audit
           15-13-8-9Use of money

 

IC 15-13-8-1State fair fund established

     Sec. 1. The state fair fund is established.

[Pre-2008 Recodification Citation: 15-1.5-7-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8-2Administration of fund

     Sec. 2. The commission shall administer the fund.

[Pre-2008 Recodification Citation: 15-1.5-7-2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8-3Tax levy; prohibition on tax levy after December 31, 2008

     Sec. 3. (a) The fund consists of the following:

(1) Revenue from the property tax imposed under IC 15-13-9 (repealed) before January 1, 2009.

(2) Appropriations made by the general assembly.

(3) Interest accruing from investment of money in the fund.

(4) Certain proceeds from the operation of the fair.

     (b) The fund is divided into the following accounts:

(1) Agricultural fair revolving contingency account.

(2) Other accounts established by the commission.

     (c) The money credited to the agricultural fair revolving contingency account may be used only to pay start-up expenses for the fair each year. Money used to pay the start-up expenses from the account must be replaced using proceeds from the operation of the fair before the proceeds may be used for any other purpose.

[Pre-2008 Recodification Citation: 15-1.5-7-3.]

As added by P.L.2-2008, SEC.4. Amended by P.L.146-2008, SEC.431; P.L.1-2010, SEC.65.

 

IC 15-13-8-4Investment; interest

     Sec. 4. (a) 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 funds may be invested.

     (b) Interest that accrues from investments of the fund shall be deposited in the fund.

[Pre-2008 Recodification Citation: 15-1.5-7-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8-5Nonreversion of fund

     Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund.

[Pre-2008 Recodification Citation: 15-1.5-7-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8-6Fund uses

     Sec. 6. The fund may be used to:

(1) pay the expenses, including administrative expenses, of the commission; and

(2) make lease payments under IC 15-13-10-11.

[Pre-2008 Recodification Citation: 15-1.5-7-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8-7Allotment

     Sec. 7. The money in the fund is subject to allotment under IC 4-13-2-18.

[Pre-2008 Recodification Citation: 15-1.5-7-7.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8-8Deposit of funds; audit

     Sec. 8. (a) The commission may deposit revenues not set forth in section 3 of this chapter in funds:

(1) other than the fund; and

(2) created under the commission's accounting system.

     (b) Funds created under the commission's accounting system are subject to audit by the state board of accounts.

[Pre-2008 Recodification Citation: 15-1.5-7-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-8-9Use of money

     Sec. 9. The commission may use money in funds created under section 8 of this chapter for activities of the commission authorized under this article.

[Pre-2008 Recodification Citation: 15-1.5-7-9.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-9Chapter 9. Repealed

[Pre-2008 Recodification Citations:

15-13-9-1              formerly 15-1.5-8-1

15-13-9-2              formerly 15-1.5-8-2

15-13-9-3              formerly 15-1.5-8-3

15-13-9-4              formerly 15-1.5-8-4.]

Repealed by P.L.1-2010, SEC.156.

 

IC 15-13-9.1Chapter 9.1. Effect of the Expiration of IC 15-13-9
           15-13-9.1-1Effect of expiration of IC 15-13-9
           15-13-9.1-2Liability and penalties for delinquent tax payments
           15-13-9.1-3Deposit of delinquent property taxes

 

IC 15-13-9.1-1Effect of expiration of IC 15-13-9

     Sec. 1. IC 1-1-5-1 applies to the expiration of IC 15-13-9, as amended by P.L.146-2008.

As added by P.L.220-2011, SEC.301.

 

IC 15-13-9.1-2Liability and penalties for delinquent tax payments

     Sec. 2. Liability and penalties for delinquent tax payments for a property tax imposed under IC 15-13-9 before January 1, 2009, are not extinguished as a result of the expiration of IC 15-13-9 under P.L.146-2008.

As added by P.L.220-2011, SEC.301.

 

IC 15-13-9.1-3Deposit of delinquent property taxes

     Sec. 3. Delinquent property taxes collected after December 31, 2008, from a property tax imposed under IC 15-13-9 before January 1, 2009, shall be deposited and used after December 31, 2008, as provided in IC 15-13-9, as effective December 30, 2008.

As added by P.L.220-2011, SEC.301.

 

IC 15-13-10Chapter 10. Revenue Bonds
           15-13-10-1"Cost of project"
           15-13-10-2"Project"
           15-13-10-3Bond purposes; form; duration; sale
           15-13-10-4Use of bond proceeds; replacement
           15-13-10-5Security for bonds; pledge and assignment; trust agreements
           15-13-10-6Investment and use of funds
           15-13-10-7Bondholder rights; enforcement
           15-13-10-8Bonds; not a state or political subdivision obligation
           15-13-10-9Bonds; legal investment
           15-13-10-10Exemption of interest from taxes
           15-13-10-11"Lessor"; leases

 

IC 15-13-10-1"Cost of project"

     Sec. 1. (a) As used in this chapter, "cost of a project" includes the following:

(1) The cost of construction and purchase.

(2) The cost of acquisition of all land, rights-of-way, property, rights, easements, and other legal or equitable interests acquired by the commission for construction, including the cost of any relocations incidental to the acquisition.

(3) The cost of demolishing or removing any buildings, structures, or improvements on property acquired by the commission, including the cost of:

(A) acquiring any property to which the buildings, structures, or improvements may be moved; or

(B) acquiring any property that may be exchanged for property acquired by the commission.

(4) Financing charges.

(5) The cost of issuance of bonds or notes, including cost of credit enhancement, such as bond or note insurance.

(6) Remarketing or conversion fees.

(7) Bond or note discount.

(8) Capitalized interest.

(9) The cost of funding any reserves to secure the payment of bonds or notes.

(10) Engineering and legal expenses, and the cost of plans, specifications, surveys, estimates, and any necessary feasibility studies.

(11) Other expenses necessary or incidental to determining the feasibility or practicability of constructing any project.

(12) Administrative expenses of the commission relating to any project financed by bonds or notes.

(13) Reimbursement of the commission for any cost, obligation, or expense incurred by the commission relating to a project.

(14) Other expenses the commission finds necessary or incidental to the construction or purchase of the project, the financing of the construction or purchase of the project, and the placing of the project in operation.

     (b) As used in this chapter, "cost of a project" does not include the construction of facilities for pari-mutuel horse racing.

[Pre-2008 Recodification Citation: 15-1.5-9-1.5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-2"Project"

     Sec. 2. As used in this chapter, "project" means any of the following concerning property at the fairgrounds:

(1) Acquisition.

(2) Construction.

(3) Repair.

(4) Refurbishing.

[Pre-2008 Recodification Citation: 15-1.5-9-1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-3Bond purposes; form; duration; sale

     Sec. 3. (a) Subject to the approval of the governor, the commission may, by resolution, authorize and issue revenue bonds to:

(1) pay all or part of the cost of a project; or

(2) refund outstanding revenue bonds.

     (b) The principal of and the interest on bonds must be payable solely from the revenues specifically pledged to the payment of the principal and the interest on the bonds.

     (c) The bonds of each issue must:

(1) be dated; and

(2) mature at a time not exceeding thirty (30) years from the date of the bonds.

     (d) The bonds may be made redeemable before maturity, at the option of the commission, at a price and under terms and conditions fixed by the commission.

     (e) The commission shall:

(1) determine the form of the bonds; and

(2) fix:

(A) the denomination of the bonds; and

(B) the place of payment of principal and interest, which may be at any bank or trust company in the United States.

     (f) The bonds must be signed in the name of the commission by:

(1) the commission chairperson; or

(2) the facsimile signature of the commission chairperson.

     (g) The official seal of the commission, or a facsimile of the seal, must be:

(1) affixed to the bonds; and

(2) attested by the executive director of the commission.

     (h) If an officer whose signature or a facsimile of whose signature appears on a bond ceases to be an officer before the delivery of the bonds, the signature or facsimile is valid and sufficient for all purposes as if the officer had remained in office until the delivery.

     (i) Bonds issued under this chapter have all the qualities and incidents of negotiable instruments under the laws of Indiana.

     (j) Bonds may be issued in registered form.

     (k) Bonds must be sold in accordance with IC 21-32-3.

     (l) The commission shall cooperate with and use the assistance of the Indiana finance authority established under IC 4-4-11 in the issuance of the bonds.

[Pre-2008 Recodification Citation: 15-1.5-9-2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-4Use of bond proceeds; replacement

     Sec. 4. (a) The proceeds of the bonds of each issue must be:

(1) used solely for the payment of the cost of the project for which the bonds were issued; and

(2) disbursed in the manner and under those restrictions that the commission provides in the resolution authorizing the issuance of the bonds or in a trust agreement securing the bonds.

     (b) If the proceeds of an issue of bonds are less than the cost of the project, additional bonds may be issued to provide the amount of the deficit. Unless specifically provided in the resolution authorizing the issuance of the bonds or in a trust agreement securing the bonds, the additional bonds:

(1) are considered to be bonds of the same issue as the initially issued bonds; and

(2) are entitled to payment from the fund from which the initially issued bonds are paid without preference or priority of the initially issued bonds.

     (c) If the proceeds of the bonds of an issue exceed the cost of the project for which the bonds were issued, the surplus must be deposited to the credit of the sinking fund for the bonds. However, if there is not a sinking fund, the surplus must be held for the payment of the principal of and the interest on the bonds.

     (d) The commission may provide for the replacement of bonds that become mutilated, destroyed, or lost.

     (e) Bonds may not be issued under this chapter without the consent of the governor.

[Pre-2008 Recodification Citation: 15-1.5-9-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-5Security for bonds; pledge and assignment; trust agreements

     Sec. 5. (a) Bonds issued under this chapter may be secured by a trust agreement between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana.

     (b) A resolution adopted by the commission providing for the issuance of bonds, and any trust agreement under which the bonds are issued, may pledge or assign all or any part of the revenues received by the commission except that part necessary:

(1) to pay the cost of the commission's administrative operation, maintenance, and repair expenses, and to provide reserves for those expenses; and

(2) for depreciation reserves required by a bond resolution or trust agreement of the commission.

     (c) The commission may not mortgage any property.

     (d) When authorizing the issuance of bonds for a project, the commission may:

(1) limit the amount of bonds that may be issued as a first lien and charge against the revenues pledged to the payment of the bonds; or

(2) authorize the later periodic issuance of additional bonds secured by the same lien to provide funds:

(A) for the completion of the project on account of which the original bonds were issued; or

(B) to pay the cost of additional projects.

The commission may issue additional bonds only on terms and conditions provided in the bond resolution adopted by the commission, in a trust agreement, or in a supplemental agreement. The additional bonds may be secured equally and ratably without preference, priority, or distinction with the original issue of bonds or may be made junior to the original issue.

     (e) A pledge or an assignment made by the commission is valid and binding from the time the pledge or assignment is made. Revenues pledged and received by the commission are immediately subject to the lien of the pledge or assignment without physical delivery or further act. The lien of the pledge or assignment is valid and binding against all parties having claims of any kind against the commission, whether or not the parties have notice. Neither the resolution nor a trust agreement by which a pledge is created or assignment made need be filed or recorded except in the records of the commission.

     (f) A trust agreement or a resolution providing for the issuance of bonds may contain reasonable provisions for protecting and enforcing the rights and remedies of the bondholders.

     (g) A bank or trust company incorporated under the laws of the state and acting as the depository of the proceeds of bonds or other funds of the commission may furnish indemnifying bonds or pledge securities as required by the commission.

     (h) A trust agreement may do the following:

(1) Set forth the rights and remedies of the bondholders and the trustee.

(2) Restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of private corporations.

(3) Contain other provisions the commission considers reasonable and proper for the security of the bondholders.

     (i) All expenses incurred in carrying out the provisions of a trust agreement may be treated as a part of the cost of the operation of the project.

[Pre-2008 Recodification Citation: 15-1.5-9-4.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-6Investment and use of funds

     Sec. 6. (a) All money received under this chapter must be held and applied solely as provided in this chapter. Until the time the money is needed for use, the money may be invested or kept in depositories designated by the commission in the manner provided by IC 5-13.

     (b) The resolution authorizing the issuance of bonds or the trust agreement securing the bonds must provide that any officer or any bank or trust company entrusted with money under this chapter shall:

(1) act as trustee of the money; and

(2) hold and apply the money for the purposes of this chapter, under this chapter and the authorizing resolution or trust agreement.

[Pre-2008 Recodification Citation: 15-1.5-9-5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-7Bondholder rights; enforcement

     Sec. 7. (a) A holder of a bond issued under this chapter may, subject to the authorizing resolution or trust agreement:

(1) protect and enforce the holder's rights under the laws of Indiana, the trust agreement, or the resolution authorizing the issuance of the bonds; and

(2) enforce and compel the performance of the duties required under this chapter, by the trust agreement, or by resolution to be performed by the commission or by any officer of the commission.

     (b) The trust agreement or resolution authorizing the issuance of the bonds may include provisions requiring the fixing, charging, and collecting of fees, rentals, or other charges by the commission.

[Pre-2008 Recodification Citation: 15-1.5-9-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-8Bonds; not a state or political subdivision obligation

     Sec. 8. (a) Bonds issued under this chapter:

(1) do not constitute:

(A) a debt of the state or of any political subdivision of the state; or

(B) a pledge of the faith and credit of the state or of any political subdivision; and

(2) are payable solely from the funds pledged for payment of the bonds under this chapter.

     (b) Each bond must contain on the face of the bond a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the state or of any political subdivision of the state, but are payable solely from revenues pledged for payment of the bonds. Those revenues may not include:

(1) proceeds or interest derived from funds of the state; or

(2) any proceeds received by the commission derived from the levy of any tax.

     (c) All expenses incurred in carrying out this chapter are payable solely from funds provided under the authority of this chapter.

     (d) This chapter may not be construed to authorize the commission to incur indebtedness or liability on behalf of or payable by:

(1) the state; or

(2) any political subdivision of the state.

[Pre-2008 Recodification Citation: 15-1.5-9-7.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-9Bonds; legal investment

     Sec. 9. Bonds issued by the commission under this chapter constitute legal investments for:

(1) any private trust funds; and

(2) the funds of any banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and any other financial institutions organized under the laws of Indiana.

[Pre-2008 Recodification Citation: 15-1.5-9-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-10-10Exemption of interest from taxes

     Sec. 10. Interest paid on bonds issued under this chapter is exempt from taxation for all purposes, except for determining financial institution tax liabilities under IC 6-5.5.

[Pre-2008 Recodification Citation: 15-1.5-9-9.]

As added by P.L.2-2008, SEC.4. Amended by P.L.79-2017, SEC.64.

 

IC 15-13-10-11"Lessor"; leases

     Sec. 11. (a) As used in this section, "lessor" has the meaning set forth for "leasing body" in IC 5-1-1-1. The term includes the Indiana bond bank.

     (b) The commission may enter into a lease of any property that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed thirty (30) years. The lease may provide for payments from revenues under this chapter, taxes in the fund, any other funds that may be legally pledged by the commission, or any combination of these sources. Money in the fund may be used to make lease payments.

     (c) A lease may provide that payments by the commission to the lessor are required only to the extent and only for the period that the lessor is able to provide the leased project in accordance with the lease. The terms of each lease must be based upon the value of the project leased and may not create a debt of the commission for purposes of the Constitution of the State of Indiana. Property tax revenues may not be used to make lease payments unless those revenues have been appropriated by the general assembly. A lease under this section that is wholly or partly payable from property tax revenues must include the following:

(1) A statement that the term of the lease is for:

(A) a period coextensive with the biennium used for state budgetary and appropriation purposes; and

(B) a fractional period when the lease begins, if necessary.

(2) A statement that the term of the lease is extended from biennium to biennium, with the extensions not to exceed a lease term of thirty (30) years, unless either the commission or the lessor gives notice of nonextension at least six (6) months before the end of a biennium, in which case the lease expires at the end of the biennium in which the notice is given.

     (d) The commission may approve the execution of a lease if the commission finds that the service to be provided throughout the term of the lease will serve the public purpose of the commission and is in the best interests of the citizens of Indiana. Upon execution of the lease, the commission may publish notice of the adoption one (1) time each week for two (2) weeks in two (2) newspapers published and of general circulation in Marion County. If notice is published, any action or proceeding in any court to set aside the lease or to obtain relief upon the ground that the action of the commission in entering into the lease is invalid must be filed not more than thirty (30) days after the first publication of notice of the execution of the lease. After the expiration of the thirty (30) day period, a right of action may not be asserted and the validity of the lease or any of the provisions of the lease may not be questioned in any court or agency upon any grounds.

     (e) If the commission exercises an option to buy a leased project from a lessor, the commission may subsequently sell the leased project, without regard to any other statute, to the lessor at the end of the lease term at:

(1) a price set forth in the lease; or

(2) the fair market value established at the time of the sale by the commission through auction, appraisal, or arms length negotiation.

[Pre-2008 Recodification Citation: 15-1.5-9-10.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11Chapter 11. Center for Agricultural Science and Heritage
           15-13-11-1Center for agricultural science and heritage established; purposes
           15-13-11-2Board of trustees established
           15-13-11-3Board of trustees; membership
           15-13-11-4Board; terms
           15-13-11-5Board; powers
           15-13-11-6Board; vacancy
           15-13-11-7Presiding officer; other officers
           15-13-11-8Executive director
           15-13-11-9Staff
           15-13-11-10Delegation of powers
           15-13-11-11Quorum
           15-13-11-12Majority vote required
           15-13-11-13Nonprofit fund raising entity
           15-13-11-14Payment of expenses
           15-13-11-15Annual report
           15-13-11-16Per diem and travel expenses
           15-13-11-17Holding real property in trustee's name prohibited

 

IC 15-13-11-1Center for agricultural science and heritage established; purposes

     Sec. 1. (a) The center for agricultural science and heritage (the barn) is established.

     (b) The barn is established for the following purposes:

(1) To educate the public concerning the past, present, and future of American agriculture and rural life.

(2) To educate youth and the general public about American agriculture and food systems.

(3) To provide educational programming for youth that complements school curricula, both onsite and in the classroom.

(4) To create a synergy between Indiana's institutions of education and agriculture related industries.

(5) To generate economic vitality, convention activity, and tourism activity for Indiana.

(6) To become:

(A) a center for agricultural business and thinking;

(B) a clearinghouse of agricultural information;

(C) a resource center for educators and the public; and

(D) a repository for agricultural artifacts and history.

(7) To create a central, prominent partner with whom agricultural organizations can launch, collaborate on, and coordinate programs.

(8) To position Indiana as the recognized agricultural center of the nation.

[Pre-2008 Recodification Citation: 15-1.5-10.5-3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-2Board of trustees established

     Sec. 2. The board of trustees for the barn is established.

[Pre-2008 Recodification Citation: 15-1.5-10.5-3.5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-3Board of trustees; membership

     Sec. 3. (a) The trustees govern the barn. The trustees consist of seventeen (17) members as follows:

(1) The governor or the governor's designee.

(2) The director of the Indiana state department of agriculture or the director's designee.

(3) The dean of agriculture of Purdue University or the dean's designee.

(4) The president of the Purdue University Agriculture Alumni Association or the president's designee.

(5) The state superintendent of public instruction or the state superintendent's designee.

(6) The state veterinarian or the state veterinarian's designee.

(7) The presiding officer of the commission or the presiding officer's designee selected from the membership of the commission.

(8) The presiding officer of the board or the presiding officer's designee selected from the membership of the board.

(9) One (1) member appointed by the largest Indiana organization representing agricultural interests in Indiana, as determined by the number of members of the organization. The member serves at the pleasure of the member's organization.

(10) One (1) member appointed by the second largest Indiana organization representing agricultural interests in Indiana, as determined by the number of members of the organization. The member serves at the pleasure of the member's organization.

(11) Seven (7) members appointed by the governor.

     (b) Of the members appointed under subsection (a)(11), not more than four (4) may be affiliated with the same political party.

     (c) Each member appointed under subsection (a)(11) must have a recognized interest in the barn.

[Pre-2008 Recodification Citation: 15-1.5-10.5-4.]

As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.47.

 

IC 15-13-11-4Board; terms

     Sec. 4. (a) The term of a member appointed to the trustees under section 3(a)(11) of this chapter:

(1) is four (4) years;

(2) begins on the later of:

(A) October 1 after the expiration of the term of the trustee whom the member is appointed to succeed; or

(B) the day the member is appointed; and

(3) expires September 30 of the fourth year after the expiration of the term of the member's immediate predecessor.

     (b) Except as provided in subsection (c), a member appointed under section 3(a)(11) of this chapter:

(1) may be reappointed for a new term;

(2) if reappointed, is the member's own successor or predecessor for purposes of subsection (a); and

(3) may not serve as a trustee for more than eight (8) years in a twelve (12) year period, except as provided in section 6(c) of this chapter.

     (c) A member appointed under section 3(a)(11) of this chapter before October 1, 2005, may not serve as a trustee more than nine (9) years in a twelve (12) year period.

[Pre-2008 Recodification Citation: 15-1.5-10.5-5.3.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-5Board; powers

     Sec. 5. The trustees may do the following, with approval by the commission:

(1) Enter into contracts related to the trustees' powers and duties under this chapter.

(2) Receive gifts.

(3) Charge admissions.

(4) Purchase, lease, and sell personal property.

[Pre-2008 Recodification Citation: 15-1.5-10.5-5.5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-6Board; vacancy

     Sec. 6. (a) The governor shall appoint an individual to fill a vacancy among the trustees.

     (b) The individual appointed by the governor under subsection (a) serves the remainder of the unexpired term of the trustee whom the individual replaces.

     (c) The period of the unexpired term for which an individual serves after appointment is not considered in determining the number of years that a trustee has served in a twelve (12) year period for purposes of section 4(b)(3) of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-10.5-6.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-7Presiding officer; other officers

     Sec. 7. (a) The trustees shall elect a member of the trustees serving under section 3(a)(11) of this chapter to be the presiding officer of the trustees. The trustee elected under this subsection is the presiding officer of the trustees until the earlier of the following:

(1) The expiration of the trustee's term.

(2) The replacement of the trustee as presiding officer by the trustees.

     (b) The trustees may elect other officers for the trustees from the trustees serving under section 3(a)(11) of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-10.5-7.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-8Executive director

     Sec. 8. (a) The trustees shall recommend an individual to be employed by the commission as the barn director, subject to approval by the commission.

     (b) The barn director shall implement the policies of the trustees and the commission.

     (c) The commission may delegate any of the commission's powers to the barn director. The commission may make a delegation under this subsection by either of the following:

(1) A resolution adopted by the commission.

(2) A rule adopted by the commission under IC 4-22-2.

     (d) With approval by the commission, commission employees:

(1) may be compensated in full or in part by the nonprofit entity established under section 13 of this chapter; and

(2) may perform services that support the purposes of the nonprofit entity established under section 13 of this chapter.

[Pre-2008 Recodification Citation: 15-1.5-10.5-8.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-9Staff

     Sec. 9. (a) The barn director may hire staff for the barn subject to the budget approved by the trustees and the commission.

     (b) The staff of the barn are:

(1) employees of the commission; and

(2) accountable to the commission directly or through the executive director of the commission.

[Pre-2008 Recodification Citation: 15-1.5-10.5-8.1.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-10Delegation of powers

     Sec. 10. The barn director may delegate a power or duty of the barn director to a member of the barn staff.

[Pre-2008 Recodification Citation: 15-1.5-10.5-8.2.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-11Quorum

     Sec. 11. A majority of the trustees constitutes a quorum for the transaction of business.

[Pre-2008 Recodification Citation: 15-1.5-10.5-8.5.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-12Majority vote required

     Sec. 12. A majority vote of the trustees is necessary to take official action.

[Pre-2008 Recodification Citation: 15-1.5-10.5-9.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-13Nonprofit fund raising entity

     Sec. 13. (a) The trustees may establish a nonprofit entity to solicit, raise, and accept funds.

     (b) The nonprofit entity established under this section may receive proceeds from the operations of the barn, subject to approval by the commission.

     (c) The nonprofit entity established under this section is governed by a board of directors. The directors include:

(1) the presiding officer of the trustees of the barn, who may act as presiding officer of the board of directors; and

(2) four (4) individuals appointed by the trustees.

[Pre-2008 Recodification Citation: 15-1.5-10.5-10.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-14Payment of expenses

     Sec. 14. The commission shall pay the operating expenses of the barn from the funds allocated by the commission to the barn.

[Pre-2008 Recodification Citation: 15-1.5-10.5-11.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-15Annual report

     Sec. 15. At the first meeting each year of the advisory committee, the trustees shall report the following:

(1) The activities of the barn during the previous calendar year.

(2) The financial condition of the barn for the barn's most recently completed fiscal year.

(3) The trustees' plans for the barn for the current calendar year.

[Pre-2008 Recodification Citation: 15-1.5-10.5-12.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-16Per diem and travel expenses

     Sec. 16. (a) Subject to subsection (b):

(1) each member of the trustees who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b) and is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties; and

(2) each member of the trustees who is a state employee is entitled to reimbursement for traveling expenses 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.

     (b) The commission shall adopt a policy for:

(1) the number of meetings the trustees may hold; and

(2) payment of per diem and travel expenses:

(A) for trustees' meetings; and

(B) during the time of other required activities.

[Pre-2008 Recodification Citation: 15-1.5-10.5-13.]

As added by P.L.2-2008, SEC.4.

 

IC 15-13-11-17Holding real property in trustee's name prohibited

     Sec. 17. The trustees may not hold real property in the trustees' name.

[Pre-2008 Recodification Citation: 15-1.5-10.5-14.]

As added by P.L.2-2008, SEC.4.

 

IC 15-14ARTICLE 14. AGRICULTURAL FAIRS, ASSOCIATIONS, AND SOCIETIES
           Ch. 1.Organization of Interstate Fairs
           Ch. 2.State Horticultural Associations
           Ch. 3.County and District Agricultural Societies
           Ch. 4.Incorporation of State Associations
           Ch. 5.Agricultural Societies, Associations, and Corporations
           Ch. 6.Corporate Status for County and District Agricultural Societies
           Ch. 7.Allowance for Tax Levy Procedure for Support of County 4-H Clubs
           Ch. 8.Issuance of Mortgage Bonds by County Agricultural or Horticultural Societies
           Ch. 9.Tax Levy for County Fairs
           Ch. 10.Appropriation to County Corn Growers' Association or Horticultural Society in a County Without a County Fair

 

IC 15-14-1Chapter 1. Organization of Interstate Fairs
           15-14-1-1Organization of fair; articles of incorporation
           15-14-1-2Filing articles
           15-14-1-3Corporation powers
           15-14-1-4Shares
           15-14-1-5Officers; rules; records
           15-14-1-6Authority to receive gifts; intent
           15-14-1-7Restrictions on property ownership
           15-14-1-8Capital stock
           15-14-1-9Awards; promotions
           15-14-1-10Publishing list of awards; report
           15-14-1-11Power to borrow; interest; mortgages; bond issue
           15-14-1-12County allowance to association; lien; repayment

 

IC 15-14-1-1Organization of fair; articles of incorporation

     Sec. 1. (a) At least thirty (30) individuals who are residents of at least two (2) states may organize themselves into a society to locate and conduct a fair in any county in Indiana.

     (b) Individuals who have organized a society under subsection (a) may organize themselves into a corporation by filing written articles of incorporation under section 2 of this chapter. The articles must:

(1) be signed by each individual who is a member at the time of organization;

(2) specify the:

(A) purpose of the corporation;

(B) corporate name that is adopted;

(C) name and residential address of each member or stockholder; and

(D) manner in which individuals are appointed or elected to manage the business and concerns of the corporation; and

(3) bear an impression and description of the corporate seal.

[Pre-2008 Recodification Citation: 15-1-2-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-2Filing articles

     Sec. 2. (a) A society organized as a corporation under section 1 of this chapter shall file its articles of incorporation in the recorder's office of the county of incorporation.

     (b) After the expenses of filing and recording have been paid, the county recorder shall record the articles of incorporation in the miscellaneous book of records in the office of the recorder. A certified copy of the articles of incorporation or the recorded articles are conclusive evidence of the matters and things contained in the articles.

     (c) A duplicate of the articles of incorporation must be filed with the secretary of state.

[Pre-2008 Recodification Citation: 15-1-2-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-3Corporation powers

     Sec. 3. A corporation incorporated under this chapter:

(1) has all the rights, powers, and privileges given to corporations by common law;

(2) may sue and be sued;

(3) may borrow and secure payment of money by:

(A) notes and mortgage; and

(B) bonds or deeds of trust upon the corporation's personal and real property; and

(4) may rent, lease, purchase, hold, sell, and convey real and personal property necessary and proper:

(A) to erect buildings; and

(B) for other purposes of a corporation organized under section 1(a) of this chapter.

[Pre-2008 Recodification Citation: 15-1-2-3.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-4Shares

     Sec. 4. A corporation incorporated under this chapter may:

(1) divide its corporate property into shares; and

(2) designate the manner that the shares may be held, sold, conveyed, assigned, or transferred.

[Pre-2008 Recodification Citation: 15-1-2-4.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-5Officers; rules; records

     Sec. 5. (a) A corporation incorporated under this chapter:

(1) shall elect officers or agents necessary to carry into operation the purposes of its organization;

(2) may prescribe and adopt rules for the direction of its officers and members; and

(3) shall keep a fair record of its proceedings and accounts in proper books.

     (b) The corporation's records or copies of the records that:

(1) are certified by the secretary or clerk of the corporation; and

(2) have affixed the corporate seal;

may be used as evidence in a court proceeding.

[Pre-2008 Recodification Citation: 15-1-2-5.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-6Authority to receive gifts; intent

     Sec. 6. Real or personal property may be:

(1) bequeathed;

(2) devised; or

(3) given;

to a corporation incorporated under this chapter by will if the corporation name is stated or the purpose for the transfer leaves no reasonable doubt as to the corporation or purpose for which the transfer was intended.

[Pre-2008 Recodification Citation: 15-1-2-6 part.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-7Restrictions on property ownership

     Sec. 7. (a) The amount of real estate that a corporation incorporated under this chapter may purchase or own may not exceed:

(1) one hundred sixty (160) acres; and

(2) five hundred thousand dollars ($500,000) in value.

     (b) A corporation incorporated under this chapter may sell any land that it possesses or may possess.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-1-2-6 part; subsection (b) formerly 15-1-2-10.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-8Capital stock

     Sec. 8. (a) Except as provided in subsection (b), the capital stock of a corporation incorporated under this chapter may not exceed five hundred thousand dollars ($500,000).

     (b) The capital stock of a corporation incorporated under this chapter may be increased by the vote of the stockholders at:

(1) an annual meeting of the stockholders; or

(2) a meeting called especially to increase the capital stock;

to an amount not exceeding one million dollars ($1,000,000).

[Pre-2008 Recodification Citation: 15-1-2-7.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-9Awards; promotions

     Sec. 9. (a) A corporation incorporated under this chapter shall annually offer and present cash awards for the improvement of soils, tillage, crops, manures, improvement of stock, articles of domestic industry, and other articles, productions, and improvements the corporation considers proper. The awards must be provided in different amounts and grades so that large and small manufacturers and farmers have an opportunity to compete for the awards.

     (b) A corporation incorporated under this chapter may perform any acts the corporation considers best to promote the agricultural and household manufacturing interests of the county and of the states whose residents have organized the corporation.

     (c) When a corporation organized under this chapter makes its awards, special attention must be given to the profits that may or are likely to accrue from:

(1) the improved method of raising the crop;

(2) improving the soil or stock; or

(3) the fabrication of the articles offered;

with the intention that the award be given for the most economical method of improvement.

     (d) Before an award is made under this section, a person competing for a cash award for improved:

(1) tillage methods;

(2) manufacturing methods; or

(3) production of any crop or other articles;

must deliver to the awarding committee a full and correct statement of the process of the tillage method, manufacturing method, or production. The statement must show the expense and value of the process to show accurately the profits derived or expected to be derived.

[Pre-2008 Recodification Citation: 15-1-2-8.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-10Publishing list of awards; report

     Sec. 10. A corporation incorporated under this chapter shall:

(1) annually publish a list of the awards made by the corporation under section 9 of this chapter and a summary of the treasurer's account in a newspaper of the county; and

(2) make a:

(A) report of its proceedings during the year;

(B) synopsis of the awards made by the corporation under section 9 of this chapter for improvements in agricultural and household manufactures, along with summary descriptions of the improvements; and

(C) report of the condition of agriculture in the county or district of the corporation, which must:

(i) comply with the rules of the state fair commission; and

(ii) be forwarded to the state fair commission at its annual meeting in January of each year.

A subsequent payment may not be made from the county treasury unless a certificate is presented to the auditor from the secretary of the state fair commission showing that the report has been made.

[Pre-2008 Recodification Citation: 15-1-2-9.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-11Power to borrow; interest; mortgages; bond issue

     Sec. 11. (a) A corporation incorporated under this chapter may do the following:

(1) Borrow not more than two hundred thousand dollars ($200,000) at a rate of interest not to exceed six percent (6%) per annum.

(2) Mortgage its property to secure the repayment of the loan.

(3) Issue bonds for not more than two hundred thousand dollars ($200,000).

     (b) Bonds issued under subsection (a) must:

(1) not exceed a duration of twenty (20) years;

(2) have interest bearing coupons affixed; and

(3) be secured by mortgage on the property of the corporation.

[Pre-2008 Recodification Citation: 15-1-2-11.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-1-12County allowance to association; lien; repayment

     Sec. 12. (a) As used in this section, "county executive" means the board of commissioners of a county elected under IC 36-2-2-2.

     (b) The county executive may make an allowance out of the general fund of the county to a corporation incorporated under this chapter.

     (c) Before an allowance under subsection (b) is made, the president or secretary of the association shall file a sworn statement with the county executive showing the:

(1) name and date of organization of the association; and

(2) amount expended for fairgrounds and permanent improvements needed for the fairgrounds and the amount necessary to complete the improvements.

     (d) After receiving a sworn statement under subsection (c), the county executive may make an allowance that the county executive considers necessary, but that does not exceed either of the following:

(1) Ten thousand dollars ($10,000).

(2) One-half (1/2) the amount shown by the statement to be expended on the grounds and improvements.

     (e) The amount appropriated under this section is a lien on the real and personal property of the association.

     (f) Dividends may not be declared or paid to the incorporators or stockholders until the appropriation made by the board is repaid to the county treasurer with interest.

[Pre-2008 Recodification Citation: 15-1-2-12.]

As added by P.L.2-2008, SEC.5. Amended by P.L.86-2008, SEC.8.

 

IC 15-14-2Chapter 2. State Horticultural Associations
           15-14-2-1Horticulture associations; methods of incorporation; body corporate and politic; property
           15-14-2-2Annual meeting; representatives; reports
           15-14-2-3State horticulture association; maintenance of collections

 

IC 15-14-2-1Horticulture associations; methods of incorporation; body corporate and politic; property

     Sec. 1. (a) A state, district, or county society of persons associated for horticultural purposes may incorporate in the following manner:

(1) A state horticultural society may incorporate by depositing a certified copy of the society's articles of association, with its name and a description and an impress of the seal adopted by the society, in the office of the secretary of state.

(2) A district or county horticultural association may incorporate by depositing, under the seal of the state horticultural association, a statement showing that the district or county association:

(A) was organized for horticultural purposes and is entitled to representation; and

(B) has consented to elect at least one (1) delegate to represent the association;

in the state horticultural association at its annual and official meetings, in the office of the recorder of the county where the district or county horticultural association is organized, along with the name by which the association will be known and a description of the seal adopted. The recorder shall record the statement in the miscellaneous record. A fee of fifty cents ($0.50) may be charged and collected to record the statement.

     (b) A state, district, or county horticultural association:

(1) is a body corporate and politic, with perpetual succession; and

(2) may:

(A) sue and be sued;

(B) enter into contracts;

(C) plead and be impleaded;

(D) take, hold, and convey real and personal property; and

(E) make bylaws and rules for the governance of the association and the management of its affairs and property consistent with Indiana law.

     (c) A state, district, or county horticultural association may:

(1) purchase;

(2) improve; or

(3) sell, not exceeding, at any one (1) time, one hundred (100) acres of land;

for the use and purposes of the association, and may erect buildings on the land necessary for the use of the association and the improvement of the land.

[Pre-2008 Recodification Citation: 15-1-11-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-2-2Annual meeting; representatives; reports

     Sec. 2. (a) The state horticultural association organized under section 1 of this chapter shall hold, in Indianapolis or another location in Indiana to be selected by the association at the preceding meeting, an annual meeting, for the purpose of deliberating and consulting as to the wants, prospects, and conditions of the horticultural interests of the people of Indiana.

     (b) At the annual meeting, the district and county horticultural associations may be represented by one (1) or more delegates each, as the state association provides. The district and county associations shall forward, by representatives, the report of the condition and prospects of the district or county associations to the state horticultural society.

[Pre-2008 Recodification Citation: 15-1-11-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-2-3State horticulture association; maintenance of collections

     Sec. 3. (a) When the state horticultural association has complied with this chapter, the association is entitled to the occupancy and use of any unappropriated room in the state capitol or other building used or occupied by the state.

     (b) The room described in subsection (a) shall be designated as the department of horticulture.

     (c) An association occupying the room described in subsection (a) may maintain in the room:

(1) a library;

(2) specimens and representations of horticultural industry;

(3) collections of insect specimens or birds that are injurious or beneficial to horticultural products in Indiana; and

(4) floral specimens and representations collected by the association.

Those items and other items that the association collects and deposits in the room must be available for public inspection and examination under rules adopted by the association.

     (d) The association:

(1) shall hold the items described in subsection (c) until ordered under rules adopted by the association or the interests of horticulture require; and

(2) may adopt bylaws for the association's protection and good order that are considered necessary and not inconsistent with Indiana law.

[Pre-2008 Recodification Citation: 15-1-11-3.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-3Chapter 3. County and District Agricultural Societies
           15-14-3-1Agricultural societies; subscription or membership fees; county funds
           15-14-3-2Awards; promotions
           15-14-3-3Publishing list of awards; reports

 

IC 15-14-3-1Agricultural societies; subscription or membership fees; county funds

     Sec. 1. (a) If:

(1) at least thirty (30) individuals who are residents of any county or a district containing two (2) Indiana counties have:

(A) organized themselves into a society for the improvement of agriculture within the county or district;

(B) adopted a constitution and bylaws that comply with the rules furnished by the state fair commission;

(C) appointed the usual and proper officers; and

(D) raised and paid to the treasurer of the society, by voluntary subscription or by fees imposed on its members, at least fifty dollars ($50); and

(2) the president of the society described in subdivision (1)(A) certifies to the respective county auditors the amounts paid, attested by the oath or affirmation of the treasurer before a person authorized to administer oaths;

the county auditors within the district in which the society is organized shall draw a warrant on the treasurer of the respective counties in favor of the president and treasurer of the society for the amount of funds that were received during the previous year for licenses issued to persons exhibiting menageries, circuses, theatrical performances, or other shows.

     (b) A warrant issued under subsection (a) may not exceed the amount raised and paid in by the society by voluntary subscriptions or fees.

     (c) The treasurer of the county shall pay the warrant issued under this section.

[Pre-2008 Recodification Citation: 15-1-3-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-3-2Awards; promotions

     Sec. 2. (a) A county or district society formed under section 1 of this chapter shall annually offer and present cash awards for:

(1) the improvement of soils, tillage, crops, and manures;

(2) the improvement of stock and articles of domestic industry; and

(3) other articles, productions, and improvements;

the society considers proper. The awards must be provided in different amounts and grades so that large and small manufacturers and farmers have an opportunity to compete for the awards.

     (b) A society formed under section 1 of this chapter may perform acts the society considers best to promote agricultural and household manufacturing interests of the district and of the state.

     (c) When a society formed under section 1 of this chapter makes an award under subsection (a), special attention must be given to the profits that may or are likely to accrue from:

(1) the improved method of raising the crop;

(2) improving the soil or stock; or

(3) the fabrication of the articles offered;

with the intention that the award be given for the most economical method of improvement.

     (d) Before an award is made under subsection (a), a person offering to compete for a cash award on improved:

(1) tillage methods; or

(2) production of any crop or other articles;

must deliver to the awarding committee a full and correct statement of the process of the tillage or production method. The statement must show the expense and value of the process to show accurately the profits derived or expected to be derived.

[Pre-2008 Recodification Citation: 15-1-3-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-3-3Publishing list of awards; reports

     Sec. 3. A society organized under section 1 of this chapter shall:

(1) annually publish a list of the awards made by the society under section 2 of this chapter and a summary of the treasurer's account in a newspaper of the county or district; and

(2) make a:

(A) report of its proceedings during the year;

(B) synopsis of the awards made by the society under section 2 of this chapter for improvements in agriculture and household manufactures, along with summary descriptions of the improvements; and

(C) report of the conditions of agriculture in the county or district of the society, which must:

(i) comply with the rules of the state fair commission; and

(ii) be forwarded to the state fair commission at its annual meeting in January of each year.

A subsequent payment may not be made from the county treasury unless a certificate is presented to the auditor from the state fair commission showing that the report has been made.

[Pre-2008 Recodification Citation: 15-1-3-3.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-4Chapter 4. Incorporation of State Associations
           15-14-4-1Authority to incorporate state associations; procedure
           15-14-4-2Meetings; participation
           15-14-4-3State appropriations; purposes; officer's compensation

 

IC 15-14-4-1Authority to incorporate state associations; procedure

     Sec. 1. Associations of persons for the advancement of the agricultural interests of the state known as:

(1) the state corn growers' association;

(2) the state livestock breeders' association; and

(3) the state dairymen's association;

may become incorporated by depositing in the office of the secretary of state a certified copy of the articles of the association, including the name assumed and a description and impress of the seal adopted by the association.

[Pre-2008 Recodification Citation: 15-5-4-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-4-2Meetings; participation

     Sec. 2. An association organized under section 1 of this chapter shall hold, in Indianapolis, or some other place in Indiana selected by the association at its preceding meeting, or by its executive committee before the date of the meeting, an annual meeting and any auxiliary meetings that may be desired, for the purpose of deliberating and consulting as to the wants, prospects, and conditions of the corn, livestock, or dairy interests of the people of Indiana. A person interested in any of these lines of industry may participate at the meetings.

[Pre-2008 Recodification Citation: 15-5-4-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-4-3State appropriations; purposes; officer's compensation

     Sec. 3. (a) The following entities, upon their compliance with sections 1 and 2 of this chapter, are entitled to receive from the state treasury, out of money in the state general fund not otherwise appropriated, sums of money the general assembly appropriates:

(1) The state corn growers' association.

(2) The state livestock breeders' association.

(3) The state dairymen's association.

     (b) An appropriation under subsection (a) may be used only for the following purposes:

(1) Obtaining speakers for association meetings.

(2) Payment of traveling expenses for the speakers and officers of the association.

(3) Advertising association meetings.

(4) Publishing and distributing an annual report.

(5) Obtaining medals, trophies, dies, premium ribbons, awards, postage stamps, and clerical services.

An officer may not receive compensation for the officer's services other than the actual expenses incurred in engaging in the business of the association.

[Pre-2008 Recodification Citation: 15-5-4-3.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-5Chapter 5. Agricultural Societies, Associations, and Corporations
           15-14-5-1Application of chapter
           15-14-5-2Powers to borrow money, mortgage property, and issue bonds
           15-14-5-3Authority to sell property, pay obligations, and distribute proceeds to shareholders
           15-14-5-4Dissolution and liquidation

 

IC 15-14-5-1Application of chapter

     Sec. 1. (a) This chapter applies to a society, an association, or a corporation:

(1) organized:

(A) for the improvement of agriculture; or

(B) to conduct fairs or agricultural exhibits; or

(2) owning or operating fairgrounds or other real estate for similar purposes.

     (b) This chapter does not apply to:

(1) the state fair commission; or

(2) the property owned by the commission.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-1-10-1 part; subsection (b) formerly 15-1-10-4.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-5-2Powers to borrow money, mortgage property, and issue bonds

     Sec. 2. A society, an association, or a corporation described in section 1 of this chapter, with authority of its board of directors, may:

(1) borrow money;

(2) mortgage its property; and

(3) issue notes, bonds, and other obligations without restrictions other than those applying to corporations generally.

[Pre-2008 Recodification Citation: 15-1-10-1 part.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-5-3Authority to sell property, pay obligations, and distribute proceeds to shareholders

     Sec. 3. A society, an association, or a corporation described in section 1 of this chapter may:

(1) upon authority granted by the votes of those holding two-thirds (2/3) of the shares of stock:

(A) sell; and

(B) convey by deed all or any part of its grounds and property at any time; and

(2) use the proceeds obtained from the sale in payment of its obligations, or for other and usual corporate purposes, in the same manner as corporations generally are authorized to do.

After payment of its obligations the society, association, or corporation may distribute the proceeds among the shareholders.

[Pre-2008 Recodification Citation: 15-1-10-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-5-4Dissolution and liquidation

     Sec. 4. A society, an association, or a corporation described in section 1 of this chapter may:

(1) dissolve; and

(2) liquidate;

the affairs of the society, association, or corporation in the same manner as corporations generally are authorized to do.

[Pre-2008 Recodification Citation: 15-1-10-3.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-6Chapter 6. Corporate Status for County and District Agricultural Societies
           15-14-6-1Corporate status; authority to issue capital stock and hold real estate
           15-14-6-2Transferability of capital stock
           15-14-6-3Voting rights

 

IC 15-14-6-1Corporate status; authority to issue capital stock and hold real estate

     Sec. 1. (a) A county or district agricultural society, an agricultural and mechanical society, and a horticultural society must be a body corporate with perpetual succession.

     (b) A society described in subsection (a) may:

(1) issue capital stock not to exceed ten thousand dollars ($10,000), in shares not to exceed twenty-five dollars ($25) each; and

(2) hold real estate, by purchase, gift, or devise, not to exceed eighty (80) acres.

[Pre-2008 Recodification Citation: 15-1-4-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-6-2Transferability of capital stock

     Sec. 2. Shares in the capital stock of a society described in section 1 of this chapter are transferable for consideration from a person to another person, subject to the bylaws that the society adopts.

[Pre-2008 Recodification Citation: 15-1-5-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-6-3Voting rights

     Sec. 3. (a) In all meetings of stockholders of a society, described in section 1 of this chapter, held for the:

(1) election of:

(A) trustees; or

(B) directors; or

(2) purpose of expressing the will of the stockholders by vote on any question;

a stockholder is entitled to cast one (1) vote for each share the stockholder owns and has fully paid for.

     (b) A stockholder is not entitled to vote on more than ten (10) shares in a vote held under subsection (a).

[Pre-2008 Recodification Citation: 15-1-5-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-7Chapter 7. Allowance for Tax Levy Procedure for Support of County 4-H Clubs
           15-14-7-1"Executive"
           15-14-7-2County appropriation for 4-H clubs
           15-14-7-3Petition; notice; remonstrance; duration
           15-14-7-4Tax levy; duration
           15-14-7-5Contributions
           15-14-7-6Lien on property; repayment

 

IC 15-14-7-1"Executive"

     Sec. 1. As used in this chapter, "executive" means the board of commissioners of a county under IC 36-2-2-2.

[2008 Recodification Citation: New.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-7-2County appropriation for 4-H clubs

     Sec. 2. Subject to section 3 of this chapter, the executive of a county may make an appropriation from the county general fund to a 4-H club that promotes the agricultural and horticultural interests of the county.

[Pre-2008 Recodification Citation: 15-1-6-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-7-3Petition; notice; remonstrance; duration

     Sec. 3. (a) The president or secretary of a 4-H club described in section 2 of this chapter may file a petition signed by at least thirty (30) resident freeholders of the county with the county auditor of the county requesting that the executive make an appropriation provided for in section 2 of this chapter.

     (b) The county auditor shall have the petition, without the signatures, printed in a newspaper of general circulation that is published in the county.

     (c) The notice must state the date and time when the petition will be considered by the executive. The auditor shall set the date, time, and place at which the petition will be considered, which must be at least thirty (30) days after the publication of the notice.

     (d) If not later than the date and time published in the notice for the consideration of the petition by the executive, a remonstrance signed by more resident freeholders of the county than the number signing the petition is filed with the county auditor protesting the allowance, the executive shall consider the remonstrance. If the executive finds that the remonstrance is signed by a greater number of resident freeholders than the petition asking for an allowance, the executive:

(1) may not make an appropriation for the purposes set forth in section 2 of this chapter; and

(2) shall dismiss the petition and take no further action.

     (e) After final acceptance by the executive, a petition under this section is effective for one (1) to five (5) years, as determined by the executive.

[Pre-2008 Recodification Citations: part formerly 15-1-6-2(a); part formerly 15-1-6-2(b).]

As added by P.L.2-2008, SEC.5. Amended by P.L.86-2008, SEC.9.

 

IC 15-14-7-4Tax levy; duration

     Sec. 4. The county council may levy an annual tax of not more than three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of assessed valuation to:

(1) construct;

(2) operate; or

(3) maintain;

a building owned and operated by a 4-H club described in section 2 of this chapter. The tax may be levied only until the building has been constructed or for not more than five (5) years, whichever occurs first. After the building has been constructed, the county council may levy an annual tax of not more than sixty-seven hundredths of one cent ($0.0067) on each one hundred dollars ($100) of assessed valuation to operate and maintain the building.

[Pre-2008 Recodification Citation: 15-1-6-2(c).]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-7-5Contributions

     Sec. 5. A 4-H club described in section 2 of this chapter may solicit and accept any kind of contribution for the development and maintenance of the club's projects.

[Pre-2008 Recodification Citation: 15-1-6-2(d).]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-7-6Lien on property; repayment

     Sec. 6. (a) An amount appropriated under section 2 of this chapter is a lien on the real and personal property of the 4-H club.

     (b) A dividend may not be declared or paid to the incorporators or stockholders of the 4-H club until the appropriation made by the board is repaid with interest to the county treasury.

[Pre-2008 Recodification Citation: 15-1-6-3.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-8Chapter 8. Issuance of Mortgage Bonds by County Agricultural or Horticultural Societies
           15-14-8-1Authority to issue first mortgage bonds
           15-14-8-2Bonds; tax exemption; duration; sale price
           15-14-8-3Surplus; use to retire bonds

 

IC 15-14-8-1Authority to issue first mortgage bonds

     Sec. 1. All:

(1) agricultural or horticultural societies; or

(2) county fairs having a state charter;

owning at least fifty (50) acres of real estate in fee simple may issue first mortgage bonds in a maximum amount of seventy-five percent (75%) of the value of the real estate unimproved to pay off a current incumbrance or make permanent improvements on the society's or fair's grounds.

[Pre-2008 Recodification Citation: 15-1-7-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-8-2Bonds; tax exemption; duration; sale price

     Sec. 2. (a) Bonds issued under section 1 of this chapter:

(1) are free from state tax; and

(2) may not be issued for a period longer than the life of the charter of the society or fair.

     (b) The bonds may be sold at a price less than the par value if the action is endorsed by a full meeting of the board of directors of the society or fair.

[Pre-2008 Recodification Citation: 15-1-7-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-8-3Surplus; use to retire bonds

     Sec. 3. If bonds have been issued under section 1 of this chapter and there is a surplus in the treasury of the society or fair, funds not needed for improvements on the grounds must be used to retire the bonds. Bonds must be retired in the order of their seniority, and a clause stating this privilege must be inserted in all bonds.

[Pre-2008 Recodification Citation: 15-1-7-3.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-9Chapter 9. Tax Levy for County Fairs
           15-14-9-1County appropriation; purposes; restrictions
           15-14-9-2Multiple fairs and exhibitions; appropriations

 

IC 15-14-9-1County appropriation; purposes; restrictions

     Sec. 1. (a) The county council and board of county commissioners of a county may appropriate and pay to:

(1) an agricultural fair, exhibition, or association; or

(2) an organized county 4-H club in which the residents of the county are interested;

a sum not exceeding four cents ($0.04) on each one hundred dollars ($100) valuation of the taxable property of the county, to be paid out of the county general fund.

     (b) An appropriation under subsection (a) may be used only for necessary costs and expenses:

(1) incidental to the conduct and carrying out the purposes of organized:

(A) 4-H clubs; and

(B) boys' and girls' club work;

(2) for cash awards on:

(A) agricultural and horticultural products;

(B) livestock; and

(C) boys' and girls' club work; and

(3) for judging products, livestock, and club work described in this subsection.

     (c) An appropriation under subsection (a) applies to regularly organized:

(1) fair associations; and

(2) boys' and girls' clubs, 4-H clubs, or agricultural clubs;

if the fair or exhibition is given only for the promotion of the interests of agriculture, horticulture, and stock raising. The appropriation does not apply to a person, an association, or a corporation conducting the fair or exhibition for profit or to street fairs or exhibitions.

     (d) An appropriation under subsection (a) may not be used or given for contests of speed.

[Pre-2008 Recodification Citation: 15-1-8-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-9-2Multiple fairs and exhibitions; appropriations

     Sec. 2. (a) Subject to subsections (b) and (c), in a county where two (2) or more fairs or exhibitions are conducted as provided in section 1 of this chapter, the county council may appropriate to each of the fairs or associations an amount that the county council considers proper and equitable.

     (b) The amount appropriated under subsection (a) must be computed by the ratio that the cash awards and judging expenses of each fair bears to the total amount spent for awards and judging by the fairs sharing in the division.

     (c) The total amount appropriated under subsection (a) may not exceed a sum equal to one cent ($.01) on each one hundred dollars ($100) valuation of the taxable property located in the county.

[Pre-2008 Recodification Citation: 15-1-8-2.]

As added by P.L.2-2008, SEC.5.

 

IC 15-14-10Chapter 10. Appropriation to County Corn Growers' Association or Horticultural Society in a County Without a County Fair
           15-14-10-1Appropriation for cash awards

 

IC 15-14-10-1Appropriation for cash awards

     Sec. 1. (a) This section applies to a county corn growers' association or horticulture society with at least:

(1) fifty (50) members in the local association or society; and

(2) ten (10) members in the state association or society.

     (b) In a county where an agricultural fair or association:

(1) does not exist; or

(2) is not active;

the county council and the board of county commissioners may annually appropriate and pay to any county corn growers' association or horticultural society up to two hundred dollars ($200) to be used in the payment of cash awards.

[Pre-2008 Recodification Citation: 15-1-9-1.]

As added by P.L.2-2008, SEC.5.

 

IC 15-15ARTICLE 15. HORTICULTURE PRODUCTS
           Ch. 1.Indiana Seed Law
           Ch. 2.Sale and Transfer of Plant Cultures
           Ch. 3.Records of Deliveries and Purchases of Seed and Grain
           Ch. 4.Certification of Agricultural Seeds and Plant Parts
           Ch. 5.Indiana Seed Arbitration Council
           Ch. 6.Seed Contracts
           Ch. 7.Inspections Under Seed Contracts
           Ch. 8.Indiana Organic Certification Accreditation
           Ch. 9.Certification of Agricultural Products
           Ch. 10.Agricultural Marketing and Research
           Ch. 11.Promotion of Agricultural Products
           Ch. 12.Indiana Corn Market Development
           Ch. 13.Industrial Hemp

 

IC 15-15-1Chapter 1. Indiana Seed Law
           15-15-1-1"Advertisement"
           15-15-1-2"Agricultural seed"
           15-15-1-3"Brand"
           15-15-1-4"Bulk lot"; "in bulk"
           15-15-1-5"Certifying agency"
           15-15-1-5.5"Cool season lawn and turf grasses"
           15-15-1-6"Distribute"
           15-15-1-7"Effective"
           15-15-1-8"Hybrid"
           15-15-1-9"Kind"
           15-15-1-10"Label"
           15-15-1-11"Labeling"
           15-15-1-12"Legume inoculant"
           15-15-1-13"Lot"
           15-15-1-14"Noxious weed seed"
           15-15-1-15"Percent"; "percentage"
           15-15-1-15.5"Permit"
           15-15-1-16"Person"
           15-15-1-17"Pre-inoculated seed"
           15-15-1-18"Prohibited noxious weed seed"
           15-15-1-19"Record"
           15-15-1-20"Restricted noxious weed seed"
           15-15-1-20.5"Special use permit"
           15-15-1-21"Treated"
           15-15-1-22"Type"
           15-15-1-23"Variety"
           15-15-1-24"Vegetable seed"
           15-15-1-25"Weed seed"
           15-15-1-26State seed commissioner
           15-15-1-27Commissioner's duties; agent's authority
           15-15-1-28Rules; pure seed and germination
           15-15-1-29Rules; purity of hybrid seed
           15-15-1-30Label; pre-inoculated seed
           15-15-1-31Exceptions from labeling requirements
           15-15-1-32Agricultural seeds; information for purchaser; label; bulk purchase
           15-15-1-33Vegetable seeds; label information
           15-15-1-34Fees; permits; reporting
           15-15-1-35Deposit of collected fees; disposition of fees
           15-15-1-36Fees and samples
           15-15-1-37Repealed
           15-15-1-38Seizure of agricultural or vegetable seed; court disposition of seed
           15-15-1-39Injunctions
           15-15-1-40Unlawful distribution
           15-15-1-41Unlawful acts
           15-15-1-42Violations
           15-15-1-43Regulation of seed by political subdivision prohibited; waiver; hearing

 

IC 15-15-1-1"Advertisement"

     Sec. 1. As used in this chapter, "advertisement" means any representation, other than those on the label, relating to seed covered by this chapter, disseminated in any manner or by any means.

[Pre-2008 Recodification Citation: 15-4-1-3(g).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-2"Agricultural seed"

     Sec. 2. As used in this chapter, "agricultural seed" means the seeds of legume, grass, forage, cereal, fiber, or oil crops. The term includes other kinds of seeds commonly recognized in Indiana as agricultural seeds, lawn seeds, and mixtures of such seeds.

[Pre-2008 Recodification Citation: 15-4-1-3(b).]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.1.

 

IC 15-15-1-3"Brand"

     Sec. 3. As used in this chapter, "brand" means a word, name, number, or design used to identify seed of one (1) person to distinguish it from seed of another person.

[Pre-2008 Recodification Citation: 15-4-1-3(x).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-4"Bulk lot"; "in bulk"

     Sec. 4. As used in this chapter, "bulk lot" or "in bulk" refers to seed in an unpackaged form. The term does not include seed in bags.

[Pre-2008 Recodification Citation: 15-4-1-3(q).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-5"Certifying agency"

     Sec. 5. As used in this chapter, "certifying agency" refers to either of the following:

(1) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed.

(2) An agency of a foreign country determined by the state seed commissioner to adhere to procedure and standards for seed certification generally adhered to by certification agencies described in subdivision (1).

[Pre-2008 Recodification Citation: 15-4-1-3(r).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-5.5"Cool season lawn and turf grasses"

     Sec. 5.5. As used in this chapter, "cool season lawn and turf grasses" includes:

(1) Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, or creeping bentgrass; and

(2) mixtures of any of the grasses referred to in subdivision (1).

As added by P.L.75-2010, SEC.2.

 

IC 15-15-1-6"Distribute"

     Sec. 6. As used in this chapter, "distribute" means to sell, offer to sell, barter, or supply or transport for sale agricultural or vegetable seed for sowing and seeding purposes in Indiana.

[Pre-2008 Recodification Citation: 15-4-1-3(i).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-7"Effective"

     Sec. 7. As used in this chapter, "effective", as applied to inoculants, means that under laboratory tests at least two (2) nodules must be produced on or adjacent to the primary root on at least sixty-six percent (66%) of the plants in the test.

[Pre-2008 Recodification Citation: 15-4-1-3(w).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-8"Hybrid"

     Sec. 8. As used in this chapter, "hybrid" means the first generation of a cross made under controlled conditions between strains of different parentage and of satisfactory purity.

[Pre-2008 Recodification Citation: 15-4-1-3(m) part.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-9"Kind"

     Sec. 9. As used in this chapter, "kind" means one (1) or more related species or subspecies of plant that singly or collectively are known by one (1) common name, including corn, oats, alfalfa, and timothy.

[Pre-2008 Recodification Citation: 15-4-1-3(j).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-10"Label"

     Sec. 10. As used in this chapter, "label" means the display or displays of written, printed, or graphic matter on or attached to a seed container or accompanying seed sold in bulk quantities.

[Pre-2008 Recodification Citation: 15-4-1-3(v).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-11"Labeling"

     Sec. 11. As used in this chapter, "labeling" refers to the use of labels or other written, printed, or graphic representations in any form accompanying or associated with a lot of seed whether in bulk or in containers. The term includes any representations on an invoice.

[Pre-2008 Recodification Citation: 15-4-1-3(f).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-12"Legume inoculant"

     Sec. 12. As used in this chapter, "legume inoculant" means a pure or mixed culture of bacteria of the genus Rhizobium capable of effectively inoculating a specific kind or specific kinds of legume plants.

[Pre-2008 Recodification Citation: 15-4-1-3(t).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-13"Lot"

     Sec. 13. As used in this chapter, "lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.

[Pre-2008 Recodification Citation: 15-4-1-3(l).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-14"Noxious weed seed"

     Sec. 14. As used in this chapter, "noxious weed seed" means either of the following:

(1) Prohibited noxious weed seed.

(2) Restricted noxious weed seed.

[Pre-2008 Recodification Citation: 15-4-1-3(e) part.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-15"Percent"; "percentage"

     Sec. 15. As used in this chapter, "percent" or "percentage" refers to the percentage by weight.

[Pre-2008 Recodification Citation: 15-4-1-3(n).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-15.5"Permit"

     Sec. 15.5. As used in this chapter, "permit" means a written authorization granted by the seed commissioner and required under this chapter before a person may distribute agricultural or vegetable seed in Indiana subject to this chapter.

As added by P.L.75-2010, SEC.3.

 

IC 15-15-1-16"Person"

     Sec. 16. As used in this chapter, "person" means an individual, a partnership, a company, or a corporation.

[Pre-2008 Recodification Citation: 15-4-1-3(a).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-17"Pre-inoculated seed"

     Sec. 17. As used in this chapter, "pre-inoculated seed" means seed to which has been applied before sale an application of a legume inoculant to effectively nodulate the resultant plant until the expiration date of the inoculant.

[Pre-2008 Recodification Citation: 15-4-1-3(u) part.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-18"Prohibited noxious weed seed"

     Sec. 18. As used in this chapter, "prohibited noxious weed seed" means:

(1) the seeds of perennial weeds that not only reproduce by seed but also spread by underground roots, stems, and other reproductive parts; and

(2) seeds, which when well established, are highly destructive and difficult to control by ordinary good cultural practice.

[Pre-2008 Recodification Citation: 15-4-1-3(e) part.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-19"Record"

     Sec. 19. As used in this chapter, "record" means all information relating to the shipment or distribution of a lot of seed. The term includes a file sample of each lot of seed.

[Pre-2008 Recodification Citation: 15-4-1-3(h).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-20"Restricted noxious weed seed"

     Sec. 20. As used in this chapter, "restricted noxious weed seed" means:

(1) seeds of weeds that are very objectionable in fields, lawns, and gardens of Indiana; and

(2) seeds of weeds that can be controlled by good cultural practices.

[Pre-2008 Recodification Citation: 15-4-1-3(e) part.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-20.5"Special use permit"

     Sec. 20.5. As used in this chapter, "special use permit" means authorization issued by the seed commissioner to a person subject to section 27(c) of this chapter for the use of seeds of plant species for the purpose of research, development, production, or education.

As added by P.L.75-2010, SEC.4.

 

IC 15-15-1-21"Treated"

     Sec. 21. As used in this chapter, "treated" refers to seed that has been subjected to an application of a substance or a process to:

(1) reduce, control, or repel certain disease organisms, insects, or other pests attacking the seed or seedlings growing from the seed; or

(2) change the appearance, growth pattern, or performance of the seed or seedlings growing from the seed.

[Pre-2008 Recodification Citation: 15-4-1-3(p).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-22"Type"

     Sec. 22. As used in this chapter, "type" means the general physiological and morphological characters common to a number of varieties, which varieties cannot be differentiated except under special conditions.

[Pre-2008 Recodification Citation: 15-4-1-3(s).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-23"Variety"

     Sec. 23. As used in this chapter, "variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which a plant can be differentiated from other plants of the same kind.

[Pre-2008 Recodification Citation: 15-4-1-3(k).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-24"Vegetable seed"

     Sec. 24. As used in this chapter, "vegetable seed" means the seeds:

(1) of crops grown commercially or in home gardens; and

(2) commonly known and sold in Indiana as vegetable seeds.

[Pre-2008 Recodification Citation: 15-4-1-3(c).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-25"Weed seed"

     Sec. 25. As used in this chapter, "weed seed" means the seeds of all plants commonly recognized as weeds in Indiana. The term includes noxious weed seeds.

[Pre-2008 Recodification Citation: 15-4-1-3(d).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-26State seed commissioner

     Sec. 26. The state chemist is the state seed commissioner by virtue of office.

[Pre-2008 Recodification Citation: 15-4-1-2.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-27Commissioner's duties; agent's authority

     Sec. 27. (a) The state seed commissioner shall administer this chapter. The state seed commissioner may authorize an agent to act for the state seed commissioner under this chapter.

     (b) The state seed commissioner may do any of the following to administer this chapter:

(1) Sample, inspect, analyze, and test agricultural and vegetable seed distributed within Indiana for seeding and sowing purposes, when, where, and to the extent the state seed commissioner considers necessary to determine whether the agricultural or vegetable seed is in compliance with this chapter.

(2) Notify a seed distributor of any violations of this chapter.

(3) Adopt rules:

(A) governing:

(i) methods of sampling, inspecting, analyzing, testing, and examining agricultural and vegetable seed; and

(ii) tolerances to be followed in the administration of this chapter; and

(B) necessary for the efficient enforcement of this chapter.

(4) Adopt rules to establish lists of prohibited and restricted noxious weeds.

(5) Adopt rules to establish reasonable standards of germination (as defined by rule adopted under section 28 of this chapter) for vegetable seed.

(6) Adopt rules to establish standards for the effectiveness of legume inoculant applied to pre-inoculated seed.

(7) Adopt rules to govern the treatment of seed and the labeling and distribution of treated seed.

(8) Publish at least one (1) time each year, in the form the seed commissioner considers proper, information concerning:

(A) the sales of agricultural and vegetable seed; and

(B) the results of the analysis of official samples of agricultural and vegetable seed sold within Indiana as compared with the analysis guaranteed on the label.

Information concerning production and use of agricultural and vegetable seed may not disclose the operation of any person.

(9) Enter any:

(A) public or private property during regular business hours; or

(B) vehicle that transports seed, whether by land, water, or air, at any time the vehicle is accessible;

to inspect seed and the records relating to the seed, subject to this chapter and the rules adopted under this chapter.

(10) As used in this subdivision, "stop sale order" refers to a written order issued by the state seed commissioner to the owner or custodian of a lot of agricultural or vegetable seed that the state seed commissioner has found violates this chapter or rules adopted under this chapter. The state seed commissioner may issue and enforce stop sale orders. A stop sale order prohibits the future sale, processing, and movement of the seed until the state seed commissioner issues a release from the stop sale order. The owner or custodian of the seed is entitled to appeal a stop sale order to a court with jurisdiction in the locality in which the seed is found, as provided in IC 4-21.5, seeking a judgment as to the justification for the order for the discharge of the seed from the stop sale order in accordance with the findings of the court. This subdivision does not limit the right of the state seed commissioner to proceed as otherwise authorized by this chapter.

(11) Establish and maintain or make provisions for seed testing facilities.

(12) Employ qualified persons.

(13) Incur necessary expenses.

(14) Test or provide for testing seed for purity and germination (as defined by rule adopted under section 28 of this chapter) for farmers and dealers on request of a farmer or dealer, prescribe rules governing such testing, and charge for the tests made.

(15) Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.

(16) Enter the property of a producer of hybrid seed to determine whether the seed produced is as the seed is represented.

(17) Issue a written special use permit to a person to use a prohibited noxious weed seed or a restricted noxious weed seed for purposes of research, development, production, or education, subject to subsection (c).

(18) Adopt rules under IC 4-22-2 to establish fees that are necessary for the administration of this chapter, including costs of inspections, analysis, and publications.

(19) Adopt rules under IC 4-22-2 to establish civil fines for the following:

(A) Failure to submit a report required under this chapter.

(B) Failure to pay a fee required under this chapter.

     (c) The seed commissioner, in response to an application for the issuance of a special use permit under subsection (b)(17), may:

(1) issue a special use permit;

(2) issue a special use permit subject to conditions; or

(3) deny a special use permit request.

In determining whether to issue a special use permit, the seed commissioner shall consider each species of prohibited noxious weed or restricted noxious weed separately. The seed commissioner may revoke a special use permit at any time if it appears that the permit holder is not complying with the conditions established under the special use permit.

[Pre-2008 Recodification Citation: 15-4-1-9.]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.5.

 

IC 15-15-1-28Rules; pure seed and germination

     Sec. 28. (a) The state seed commissioner may by rule define seed labeling and testing terms in common usage such as "pure seed" and "germination".

     (b) A rule adopted by the state seed commissioner under this section must be based on published sources such as the rules of the Association of Official Seed Analysts.

[Pre-2008 Recodification Citation: 15-4-1-3(o).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-29Rules; purity of hybrid seed

     Sec. 29. The state seed commissioner may, by rule, define controlled conditions and satisfactory purity for the production of hybrid seed of any kind. A hybrid designation shall be treated as a variety name.

[Pre-2008 Recodification Citation: 15-4-1-3(m) part.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-30Label; pre-inoculated seed

     Sec. 30. The label of seed that has been pre-inoculated must indicate that the seed has been pre-inoculated.

[Pre-2008 Recodification Citation: 15-4-1-3(u) part.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-31Exceptions from labeling requirements

     Sec. 31. (a) Sections 32 and 33 of this chapter do not apply to the following:

(1) Seed or grain not intended for seeding and sowing purposes. However, treated agricultural seed must be labeled in accordance with section 32 of this chapter when sold to any person for any purpose whether the seed is in containers or in bulk.

(2) Seed in storage or seed that is being transported or consigned to a seed cleaning or processing establishment for cleaning or processing if the invoice or labeling accompanying a shipment of the seed contains the statement "Seed For Processing". Any labeling or other representation that may be made with respect to uncleaned or unprocessed seed is subject to this chapter.

(3) A carrier in respect to seed transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in producing, processing, or distributing agricultural or vegetable seed subject to this chapter.

(4) Seed that satisfies all the following:

(A) The seed is grown on the property owned by the seller of the seed.

(B) The seed is sold and delivered to the purchaser on the property on which the seed is grown.

(C) The seed does not contain prohibited noxious weed seed.

(D) The seed contains not more than one-fourth of one percent (0.25%) of restricted noxious weed seed.

(E) The seed contains not more than two and one-half percent (2.5%) of all weed seed.

If seed is advertised for sale through the medium of the public press, by circular, by catalog, or by exposing a sample of the seed or a printed or written statement about the seed in a public place or place of business, or if the seed is delivered by a common carrier, (except when transported for the purpose of being recleaned as provided in this section), the producer is considered to be a vendor, and the seed must meet all requirements of this chapter, including complete labeling of the seed. For cereal and soybean seed where the purpose for which the seed is intended may be in question, seed advertised for sale by variety name, as processed, tested, treated, or offered at a price substantially higher than current market prices, is presumed to be offered for seeding purposes and subject to the labeling provisions of this chapter.

     (b) A person is not subject to the penalties of this chapter for distributing agricultural or vegetable seed incorrectly labeled or represented as to kind, variety, or origin and that cannot be identified by examination of the seed unless the person fails to:

(1) obtain an invoice, genuine grower's declaration, or other labeling information; and

(2) take other precautions reasonable to ensure the identity of the seed as stated.

[Pre-2008 Recodification Citation: 15-4-1-8.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-32Agricultural seeds; information for purchaser; label; bulk purchase

     Sec. 32. (a) A container of agricultural seed of any size consisting of more than one (1) pound distributed in Indiana for sowing and seeding purposes must contain or have attached in a conspicuous place on the outside of the container a plainly written or printed tag or label in English giving the information required by this section. If the seed is distributed in bulk, the information required by this section must accompany delivery and be supplied to the purchaser at the time of delivery.

     (b) The labeling required for seed sold in bags and packages, and in bulk as required by this section, must include the following statements on the labeling attached to the container:

(1) The commonly accepted name of each kind and variety of each agricultural seed component that exceeds five percent (5%) of the whole and the percentage by weight of each in the order of its predominance. However, the variety designation may be omitted if the label states the name of the kind and the words "variety not stated". If more than one (1) component is required to be named, the word "mixture" or the word "mixed" must be shown conspicuously on the label. A mixture consisting of two (2) or more varieties of the same kind may be designated as a "blend".

(2) Lot number or other lot identification.

(3) Origin (state or foreign country where grown) for all seed except hybrid corn. If the origin is unknown, that fact must be stated.

(4) The percentage of all weed seed.

(5) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

(6) The percentage of all other agricultural or vegetable seed, which may be designated as "other crop seeds" or "crop seeds".

(7) The percentage of inert matter.

(8) For each named agricultural seed:

(A) the percentage of germination (as defined by rule adopted under section 28 of this chapter), exclusive of hard seed;

(B) the percentage of hard seed, if present; and

(C) the calendar month and year the test was completed to determine the percentages.

(9) The name and address of the person who labeled the seed or who distributed it within Indiana.

(10) For all seed named and treated (for which a separate label may be used):

(A) a word or statement indicating that the seed has been treated;

(B) the commonly accepted coined chemical or abbreviated chemical (generic) name of any applied pesticide;

(C) a description of the process or the commonly accepted name of the substance applied if other than a pesticide; and

(D) if the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "Do Not Use For Food Or Feed Or Oil Purposes". A poison statement or symbol must be used as the caution for mercurials and similarly toxic substances.

(11) For pre-inoculated seed, in addition to other labeling requirements of this section (for which a separate label may be used):

(A) a word or statement indicating that the seed has been pre-inoculated; and

(B) the date beyond which the inoculant is not to be considered effective.

(12) For cool season lawn and turf grasses, the following statements on the labeling:

(A) For single kinds of grasses, the name of the kind or the kind and variety.

(B) For grass mixtures:

(i) the word "mix", "mixed", "mixture", or "blend" must be stated with the name of the mixture;

(ii) the headings "Pure Seed" and "Germination" or "Germ" must be used in the proper places; and

(iii) the commonly accepted name of the kind or the kind and variety of each agricultural seed component that exceeds five percent (5%) of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form.

(C) The percentage by weight of agricultural seed other than those required to be named on the label (which must be designated as "crop seed").

(D) The percentage by weight of inert matter.

(E) The percentage by weight of all weed seeds. The maximum weed seed content may not exceed two and five-tenths percent (2.5%) by weight.

(F) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present and listed under the heading "Noxious Weed Seeds". Restricted noxious weed seed may not exceed twenty-five hundredths of one percent (0.25%) by weight.

(G) For each agricultural seed named under clause (A) or (B), the following:

(i) The percentage of germination, exclusive of hard seed.

(ii) The percentage of hard seed, if present.

(iii) The calendar month and year the test was completed to determine the required percentages. The oldest test date must be used.

(iv) The statement "Sell by (month/year)". The date may not exceed fifteen (15) months from the date that must be stated on the labeling under item (iii), exclusive of the month of the test.

The total of the percentages by weight under clauses (B)(iii), (C), (D), and (E) must equal one hundred percent (100%).

     (c) The statements required by this section may not be modified or denied.

     (d) The total of the percentages that are stated on the labeling under subsection (b)(1), (b)(4), (b)(6), and (b)(7) must equal one hundred percent (100%).

[Pre-2008 Recodification Citation: 15-4-1-4.]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.6.

 

IC 15-15-1-33Vegetable seeds; label information

     Sec. 33. (a) For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices in containers that do not exceed one (1) pound, the labeling must include the following information:

(1) The name of the kind and variety of seed.

(2) The name and address of the person who labeled or who distributed the seed.

(3) For seed that germinates less than the standard most recently established under this chapter:

(A) the percentage of germination (as defined by rule adopted under section 28 of this chapter), exclusive of hard seed;

(B) the percentage of hard seed, if present;

(C) the calendar month and year the test was completed to determine the percentages; and

(D) the words "Below Standard" in not less than 8 point type.

(4) For seed that has been treated, the same labeling information required for agricultural seeds.

(5) The number of noxious weed seeds per pound of vegetable seed, if any weed seed is present.

(6) Lot number or other lot identification.

(7) Germination test information in any of the following forms:

(A) The calendar month and year the germination test was completed and the statement "Sell by (month/year)". The date may not exceed twelve (12) months from the date of the test, exclusive of the month of the test.

(B) The year for which the seed was packaged for sale, as "Packed for (year)". The date must be for a calendar year and include the statement "Sell by (month/year)". The date may not exceed twelve (12) months from the date of the test, exclusive of the month of the test.

(C) The percentage of germination and the calendar month and year the test was completed to determine the percentages. However, the germination test must have been completed within the previous twelve (12) months, exclusive of the month of the test.

     (b) For vegetable seeds sold in containers that are more than one (1) pound, the labeling must include the following:

(1) The name of each kind and variety present that exceeds five percent (5%) and the percentage by weight of each in order of its predominance.

(2) Lot number or other lot identification.

(3) For each named vegetable seed:

(A) the percentage of germination, exclusive of hard seed;

(B) the percentage of hard seed, if present; and

(C) the calendar month and year the test was completed to determine the percentages. The date may not be later than twelve (12) months after the date of the test, exclusive of the month of the test.

     (c) For seeds placed in a germination medium, mat, tape, or another device and in a way to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or other device, the labeling must include a statement to indicate the minimum number of seeds in the container.

[Pre-2008 Recodification Citation: 15-4-1-5.]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.7.

 

IC 15-15-1-34Fees; permits; reporting

     Sec. 34. (a) A distributor of agricultural seed in packages of not more than one (1) pound shall pay not later than January 15 of each year an annual fee of forty-five dollars ($45) for each brand of seed distributed. Payment of an annual fee is not required of retailers who furnish quantities of not more than one (1) pound from a properly labeled container of seed on which the inspection fee has been paid.

     (b) A person who distributes agricultural or vegetable seed in Indiana may apply to the state seed commissioner for a permit to use the person's own labeling, report the quantity of seed sold, and pay the inspection fee on the basis of the report.

     (c) In making application for a permit under subsection (b), the distributor must agree to the following:

(1) Label the seed with the information required by law.

(2) Keep the records the state seed commissioner considers necessary to indicate accurately the number and size of containers of each kind of agricultural and vegetable seed distributed and the quantity of such seed distributed in bulk.

(3) Grant the state seed commissioner or the state seed commissioner's authorized representative permission to examine the records described in subdivision (2) and verify the statement of quantity of seed distributed.

(4) Report under oath to the state seed commissioner on forms furnished by the state seed commissioner the quantity of agricultural and vegetable seed sold during the period covered.

     (d) The state seed commissioner may grant a permit under subsection (b) if the state seed commissioner determines that the applicant's proposed report of the quality of agricultural and vegetable seed sold will lead to efficient enforcement of this chapter. The state seed commissioner may revoke the permit at any time if it appears to the state seed commissioner that the distributor is not complying with the agreement described in subsection (c) or this chapter. If:

(1) the report is not filed and the inspection fee not paid before ten (10) days following the due date;

(2) the report of volume is false; or

(3) the labeling requirements of this chapter have not been complied with;

the state seed commissioner may revoke the permit. If the inspection fee is unpaid after the ten (10) day grace period, a penalty shall be assessed in the amount of ten percent (10%) in addition to the amount due.

     (e) The report of quantity sold required under subsection (c)(4) is due, and the inspection fees required under this chapter are payable, semiannually on the last day of the month following the end of the semiannual period. The first half reporting period ends June 30 and the second half reporting period ends December 31.

[Pre-2008 Recodification Citations: subsections (a), (b), (c), (d), (e), (f) formerly 15-4-1-13(a); subsection (g) formerly 15-4-1-13(b); subsections (h), (i), (j) formerly 15-4-1-13(c).]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.8.

 

IC 15-15-1-35Deposit of collected fees; disposition of fees

     Sec. 35. (a) The state seed commissioner shall pay all fees collected under this chapter to the treasurer of Purdue University.

     (b) The board of trustees of Purdue University shall expend the fees on proper vouchers filed with the treasurer of Purdue University. The treasurer shall pay vouchers for the following expenses:

(1) The employment of inspectors and seed analysts.

(2) Procuring samples.

(3) Printing bulletins giving the results of inspection.

(4) Any other expenses of the Purdue University agricultural programs authorized by law and for implementing this chapter.

     (c) The dean of agriculture of Purdue University shall make a financial report to the governor in such form as the state board of accounts requires, showing the total receipts and expenditures of all fees received under this chapter.

     (d) Excess funds from the collection of fees under this chapter are subject to IC 15-16-2-36.

[Pre-2008 Recodification Citation: 15-4-1-13(d).]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-36Fees and samples

     Sec. 36. (a) Each person whose name appears on the label as distributing agricultural or vegetable seed subject to this chapter shall do the following:

(1) Keep for two (2) years complete records of each lot of agricultural or vegetable seed distributed.

(2) Keep for one (1) year a file sample of each lot of seed that is distributed after final disposition of the lot.

     (b) All records and samples relating to the shipments involved must be accessible for inspection by the state seed commissioner or the state seed commissioner's agent during customary business hours.

[Pre-2008 Recodification Citation: 15-4-1-7.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-37Repealed

[Pre-2008 Recodification Citation: 15-4-1-14.]

As added by P.L.2-2008, SEC.6. Repealed by P.L.60-2015, SEC.2.

 

IC 15-15-1-38Seizure of agricultural or vegetable seed; court disposition of seed

     Sec. 38. (a) The state seed commissioner may file an action for the seizure of any lot of agricultural or vegetable seed that violates this chapter.

     (b) An action filed under this section must be filed in a court with jurisdiction in the locality in which the seed is located.

     (c) If the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, the seed shall be denatured, processed, destroyed, relabeled, or disposed of in compliance with Indiana law. The court may not order the disposition of the seed unless the claimant is given an opportunity to apply to the court for release of the seed or permission to process or relabel the seed to bring it into compliance with this chapter.

[Pre-2008 Recodification Citation: 15-4-1-10.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-39Injunctions

     Sec. 39. (a) The state seed commissioner may apply for, and the court may grant, a temporary or permanent injunction to restrain a person from violating or continuing to violate this chapter, or a rule adopted under this chapter, notwithstanding the existence of other remedies at law.

     (b) The court may not require a bond as a condition of granting an injunction under this section.

[Pre-2008 Recodification Citation: 15-4-1-11.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-40Unlawful distribution

     Sec. 40. A person may not distribute agricultural or vegetable seed within Indiana if any of the following apply:

(1) If the test to determine the percentage of germination (as defined by rule adopted under section 28 of this chapter) required by sections 32 and 33 of this chapter has not been completed within a twelve (12) month period, not including the calendar month in which the test was completed immediately before distribution. However, the state seed commissioner may by rule designate:

(A) a shorter period for a kind of agricultural or vegetable seed that the state seed commissioner finds under ordinary conditions of handling will not maintain, during a twelve (12) month period, a germination within the established tolerance limits; or

(B) a longer period for a kind of agricultural or vegetable seed that is packaged in such container materials and under such conditions prescribed by the state seed commissioner that the state seed commissioner finds will, during the longer period, maintain the viability of the seed under ordinary conditions of handling.

(2) If the seed is not labeled in accordance with this chapter.

(3) If the seed carries labeling that is false or misleading in any particular.

(4) If the seed contains or consists of prohibited noxious weed seed.

(5) If the seed consists of or contains restricted noxious weed seed in excess of one-fourth of one percent (0.25%). If less than one-fourth of one percent (0.25%) of weed seed by weight is present, the number per pound must be declared on the labeling.

(6) If the seed contains more than two and one-half percent (2.5%) of all weed seed.

(7) If the seed is represented to be "certified seed", "registered seed", or "foundation seed", the seed has not been produced and labeled in accordance with the procedures and in compliance with rules of an official or officially recognized seed certification or registration agency.

(8) If the inoculant applied to pre-inoculated seed is ineffective as determined by standards established by rule.

[Pre-2008 Recodification Citation: 15-4-1-6(a).]

As added by P.L.2-2008, SEC.6. Amended by P.L.17-2014, SEC.1.

 

IC 15-15-1-41Unlawful acts

     Sec. 41. A person may not do any of the following:

(1) Detach, alter, deface, or destroy any label provided for in this chapter or the rules adopted under this chapter.

(2) Alter or substitute seed in a manner that may defeat the purpose of this chapter.

(3) Disseminate false or misleading advertisements concerning agricultural or vegetable seed.

(4) Hinder or obstruct in any way an authorized person in the performance of the person's duties under this chapter.

(5) Fail to comply with a stop sale order issued under section 27 of this chapter.

(6) Use the word:

(A) "trace" as a substitute for any statement required by this chapter; or

(B) "type" in any labeling in connection with the name of any seed variety.

(7) Use a state seed commissioner tag or label more than once.

(8) Sell grain or other seed that has been treated to any person for any purpose unless the grain or seed is clearly labeled as required in sections 32 and 33 of this chapter.

(9) Distribute seed colored so that it does not contrast with the natural color of the seed.

(10) Distribute noxious weed seed without a special use permit issued by the seed commissioner under section 27(b)(17) of this chapter.

(11) Assign the same brand designation to more than one (1) variety or blend of the same kind of seed, if not sold by variety name.

(12) Use relabeling stickers unless the relabeling stickers state:

(A) both the calendar month and year the germination test was completed and the sell-by date, as required under sections 32 and 33 of this chapter; and

(B) the lot number that matches the existing original lot number.

(13) Relabel a seed lot using stickers more than once.

[Pre-2008 Recodification Citation: 15-4-1-6(b).]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.9.

 

IC 15-15-1-42Violations

     Sec. 42. Except as provided in section 39 of this chapter, a person who violates this chapter commits a Class C infraction.

[Pre-2008 Recodification Citation: 15-4-1-12.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-1-43Regulation of seed by political subdivision prohibited; waiver; hearing

     Sec. 43. (a) Except as provided in subsection (c), a political subdivision (as defined in IC 36-1-2-13) may not regulate the advertising, labeling, distribution, sale, transportation, storage, or use of seed.

     (b) A political subdivision may, by resolution, petition the state seed commissioner for a hearing to allow a waiver to adopt an ordinance because of special circumstances relating to the advertising, labeling, distribution, sale, transportation, storage, or use of seed. If a petition is received, the state seed commissioner shall hold a public hearing to consider granting the waiver requested. The public hearing must be conducted in an informal manner. IC 4-21.5 does not apply to a public hearing under this section.

     (c) If the state seed commissioner, after a public hearing under subsection (b), grants a political subdivision's petition for a waiver, the political subdivision may regulate the advertising, labeling, distribution, sale, transportation, storage, or use of seed to the extent allowed by the waiver.

[Pre-2008 Recodification Citation: 15-4-1-16.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2Chapter 2. Sale and Transfer of Plant Cultures
           15-15-2-1Application of chapter
           15-15-2-2"Person"
           15-15-2-3Materials for plant growth; samples; statement; registration certificate; permit; grounds for refusal or cancellation of permit
           15-15-2-4Label; information required
           15-15-2-5Violations; exceptions
           15-15-2-6Fees; disposition
           15-15-2-7Taking samples
           15-15-2-8Interference with inspection or taking samples; violation
           15-15-2-9State chemist's authority; rules; permits; registration

 

IC 15-15-2-1Application of chapter

     Sec. 1. This chapter does not apply to commercial fertilizers, barnyard manure, marl, lime, wood ashes, or plaster.

[Pre-2008 Recodification Citation: 15-4-4-9.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-2"Person"

     Sec. 2. As used in this chapter, "person" means an individual, a firm, a limited liability company, a corporation, a trustee, a receiver, or an assignee for the benefit of creditors.

[Pre-2008 Recodification Citation: 15-4-4-10.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-3Materials for plant growth; samples; statement; registration certificate; permit; grounds for refusal or cancellation of permit

     Sec. 3. (a) Before pure or mixed cultures of microorganisms or materials used for promoting plant growth are sold or offered for sale in Indiana, the manufacturer, dealer, importer, agent, or person that causes the materials to be sold, offered for sale, or provided by sample shall:

(1) file with the state chemist a:

(A) statement of desire to offer for sale in Indiana the materials; and

(B) certificate for registration stating the:

(i) name of the manufacturer;

(ii) location of the principal office of the manufacturer;

(iii) name under which the product will be sold;

(iv) name or names of the plants for which the product is to be used;

(v) composition of the substance; and

(vi) kinds of microorganisms contained in the product that promote the growth of plants; and

(2) obtain a permit from the state chemist.

     (b) The state chemist may:

(1) refuse to issue a permit to an applicant described in subsection (a); or

(2) cancel a permit issued under subsection (a);

if the state chemist is satisfied that a culture of microorganisms or another material used for promoting the growth of plants is sold under false or misleading claims.

[Pre-2008 Recodification Citation: 15-4-4-1.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-4Label; information required

     Sec. 4. A person who manufactures, offers for sale, sells, displays for sale, or provides by sample, a pure or mixed culture of microorganisms or materials used for promoting plant growth shall affix or cause to be affixed, in a conspicuous place on the outside of every package or sample of the material, a label on which is plainly printed in English the:

(1) name of the manufacturer;

(2) location of the principal office of the manufacturer;

(3) name under which the product is sold;

(4) name or names of the plants for which the product is to be used;

(5) composition of the substance; and

(6) kinds of microorganisms contained in the product that promote the growth of plants.

[Pre-2008 Recodification Citation: 15-4-4-2.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-5Violations; exceptions

     Sec. 5. (a) A person that:

(1) offers for sale, sells, or provides by sample a package, a sample, or a quantity of a pure or mixed culture of microorganisms or materials used for promoting plant growth to which the label prescribed by section 4 of this chapter is not affixed;

(2) labels a substance described in subdivision (1) with a false or inaccurate label; or

(3) offers for sale or sells a substance described in subdivision (1) that is not registered with the state chemist;

as required by this chapter commits a Class C infraction.

     (b) This chapter does not prevent:

(1) the state chemist;

(2) the Purdue University office of agricultural research programs; or

(3) a person deputized by the state chemist;

from making experiments with pure or mixed cultures of microorganisms or materials used for promoting plant growth for the advancement of the science of agriculture.

[Pre-2008 Recodification Citation: 15-4-4-3.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-6Fees; disposition

     Sec. 6. (a) The state chemist shall charge, collect, and receive the sum of twenty-five dollars ($25):

(1) at the time of registering a pure or mixed culture of microorganisms or materials described in section 3 of this chapter for each material or culture registered; and

(2) not later than the fifteenth day of January of each succeeding year until the pure or mixed cultures of microorganisms or material is no longer sold, distributed, offered, or displayed for sale in Indiana.

     (b) Money received under subsection (a) must be forwarded to the treasurer of Purdue University, who shall expend the money on vouchers to be filed with the auditor of state to pay all necessary expenses incurred in implementing this chapter, including:

(1) the employment of inspectors, chemists, and bacteriologists;

(2) the expenses incurred in procuring samples;

(3) printing bulletins; and

(4) giving the results of inspections, as provided by this chapter;

and for any other expenses of Purdue University agricultural programs, as authorized by law and in support of the purposes of this chapter.

     (c) The dean of agriculture of Purdue University shall submit to the governor an annual classified report showing the total receipts and expenditures of all fees received under this chapter.

     (d) Excess funds from the collection of fees under this chapter are subject to IC 15-16-2-36.

[Pre-2008 Recodification Citation: 15-4-4-4.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-7Taking samples

     Sec. 7. (a) The state chemist or a person deputized by the state chemist may procure a suitable sample from any lot, parcel, or package of pure or mixed cultures of microorganisms or materials used for promoting plant growth that is offered for sale or found in Indiana.

     (b) A sample procured under subsection (a) must be drawn or taken during reasonable business hours and in the presence of the owner of the product or a representative of the owner.

[Pre-2008 Recodification Citation: 15-4-4-5.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-8Interference with inspection or taking samples; violation

     Sec. 8. A person who prevents the state chemist or a person deputized by the state chemist from inspecting and obtaining samples of pure or mixed cultures of microorganisms or materials as provided in this chapter commits a Class C infraction.

[Pre-2008 Recodification Citation: 15-4-4-6.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-2-9State chemist's authority; rules; permits; registration

     Sec. 9. The state chemist may:

(1) prescribe and enforce rules necessary to implement this chapter;

(2) refuse to issue a permit; or

(3) refuse to register or cancel the registration of any product used for promoting plant growth or any pure or mixed cultures of microorganisms or materials used for promoting plant growth if the state chemist believes the product, cultures, or materials:

(A) are registered under a name that would be misleading as to the materials of which they are made; or

(B) are sold under false or misleading claims.

[Pre-2008 Recodification Citation: 15-4-4-7.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-3Chapter 3. Records of Deliveries and Purchases of Seed and Grain
           15-15-3-1"Buyer of grain"
           15-15-3-2Buyer's record of deliveries and purchases; information
           15-15-3-3Inspection of records
           15-15-3-4Offenses

 

IC 15-15-3-1"Buyer of grain"

     Sec. 1. (a) As used in this chapter, "buyer of grain" means a person, firm, limited liability company, or corporation regularly engaged in the business of buying grain or seed produced on a farm in Indiana.

     (b) The term does not include a person that purchases grain or seed if less than five (5) separate purchases are made by the person during any one (1) year.

[Pre-2008 Recodification Citation: 15-4-5-3.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-3-2Buyer's record of deliveries and purchases; information

     Sec. 2. A buyer of grain or seed shall prepare, keep, and maintain a record of all deliveries and purchases of grain or seed showing the following information:

(1) The kind of grain or seed delivered or purchased, and if the grain or seed delivered or purchased is corn, whether the corn is white or yellow corn.

(2) The date on which the grain or seed is delivered by the vendor.

(3) The number of bushels of grain or seed purchased or delivered.

(4) A description of the vehicle in which the grain or seed is delivered, the name of the driver, and, if the vehicle is a motor vehicle, the license number of the motor vehicle.

(5) The name of the vendor and the name of the producer of the grain or seed.

(6) The name and address of the person to whom the money representing the purchase price of the grain or seed is paid.

[Pre-2008 Recodification Citation: 15-4-5-1.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-3-3Inspection of records

     Sec. 3. (a) The records kept by buyers of grain or seed under section 2 of this chapter must be available for inspection at any time by a law enforcement officer when attempting to trace the movements of grain or seed to determine whether any criminal laws of the state have been violated.

     (b) All records described in subsection (a) must be kept for at least three (3) years.

[Pre-2008 Recodification Citation: 15-4-5-2.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-3-4Offenses

     Sec. 4. A person who violates or refuses to comply with this chapter commits a Class C infraction.

[Pre-2008 Recodification Citation: 15-4-5-4.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4Chapter 4. Certification of Agricultural Seeds and Plant Parts
           15-15-4-1Dean of agriculture; administration of chapter
           15-15-4-2Persons subject to chapter; certification for specified crop
           15-15-4-3Compliance with rules; control of certification work by Purdue University
           15-15-4-4Certification work on self-supporting basis; qualification of agency
           15-15-4-5Exemption of Purdue University from liability
           15-15-4-6Withholding certification for dishonest practices
           15-15-4-7Certification of foreign seeds or plant parts
           15-15-4-8Offense; unauthorized use of certification

 

IC 15-15-4-1Dean of agriculture; administration of chapter

     Sec. 1. The dean of agriculture of Purdue University:

(1) shall administer and implement this chapter; and

(2) may adopt rules under IC 4-22-2 that the dean of agriculture considers necessary to carry out the purposes and secure the efficient administration of this chapter.

[Pre-2008 Recodification Citation: 15-4-6-9.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4-2Persons subject to chapter; certification for specified crop

     Sec. 2. (a) A person, a firm, an association, a limited liability company, or a corporation that issues, uses, or circulates a certificate, an advertisement, a tag, a seal, a poster, a letterhead, a marking, a circular, a written or printed representation, or a description of or pertaining to seeds or plant parts intended for propagation or sale or sold or offered for sale on which:

(1) the words "Indiana State Certified", "State Certified", "Indiana Certified", "Certified", or similar words or phrases are used or employed; or

(2) signs, symbols, maps, diagrams, pictures, words, or phrases are used or employed that expressly or impliedly state or represent that the seeds or plant parts comply with or conform to the standards or requirements for certification recommended or approved by Purdue University;

is subject to this chapter.

     (b) For purposes of this chapter, an issuance, a use, or a circulation of a certificate or another instrument described in subsection (a) is considered to be certification under this chapter.

[Pre-2008 Recodification Citation: 15-4-6-1.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4-3Compliance with rules; control of certification work by Purdue University

     Sec. 3. (a) A person, a firm, an association, a limited liability company, or a corporation that is subject to this chapter shall observe, perform, and comply with all rules and requirements fixed, established, or specified by Purdue University as to the crops grown or to be grown in Indiana that are eligible for certification under this chapter and concerning:

(1) the conduct of;

(2) the standards and requirements for; and

(3) the forms of and for;

certification by Purdue University or by an authorized agent of Purdue University.

     (b) Not more than one (1) agent for certification under this chapter may be designated for a specified crop.

[Pre-2008 Recodification Citation: 15-4-6-2.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4-4Certification work on self-supporting basis; qualification of agency

     Sec. 4. (a) Certification work conducted by Purdue University or an agent described in section 3 of this chapter is performed on a self-supporting basis and not for financial profit.

     (b) Purdue University may designate as an agent for the certification of seeds or plant parts intended for propagation for sale a properly qualified:

(1) nonstock, nonprofit agricultural association incorporated under Indiana law; or

(2) agency.

[Pre-2008 Recodification Citation: 15-4-6-3.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4-5Exemption of Purdue University from liability

     Sec. 5. Purdue University is not financially responsible for debts incurred by, damages inflicted by, contracts broken by, or claims against certifying agencies in conducting certification work under this chapter.

[Pre-2008 Recodification Citation: 15-4-6-4.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4-6Withholding certification for dishonest practices

     Sec. 6. Purdue University or an agent of Purdue University described in this chapter may withhold certification from a grower of seeds or plant parts who is engaged in or attempting to engage in dishonest practices to evade the requirements of this chapter, including standards and rules established by Purdue University for certification under this chapter.

[Pre-2008 Recodification Citation: 15-4-6-5.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4-7Certification of foreign seeds or plant parts

     Sec. 7. (a) Except as provided in subsection (b), the term "certified" must not be used in connection with seeds or plant parts that are:

(1) produced outside Indiana; and

(2) offered for sale in Indiana.

     (b) The term "certified" may be used in connection with seeds or plant parts described in subsection (a) if the seeds or plant parts have been certified by the:

(1) agency officially approved by the inspection officials of the state, province, or country in which the:

(A) seeds or plant parts originate; and

(B) certification standards are equal to Indiana certification standards; or

(2) dean of agriculture of Purdue University.

[Pre-2008 Recodification Citation: 15-4-6-6.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-4-8Offense; unauthorized use of certification

     Sec. 8. It is a Class C infraction for a person to issue, make, use, or circulate a certification described in this chapter without the authority and approval of Purdue University or the authorized agent of Purdue University.

[Pre-2008 Recodification Citation: 15-4-6-8.]

As added by P.L.2-2008, SEC.6.

 

IC 15-15-5Chapter 5. Indiana Seed Arbitration Council
           15-15-5-1Applicability of chapter; notice
           15-15-5-2Uniform Arbitration Act; applicability
           15-15-5-3"Agricultural or vegetable seeds"
           15-15-5-4"Arbitration"
           15-15-5-5"Buyer"
           15-15-5-6"Commissioner"
           15-15-5-7"Council"
           15-15-5-8"Seller"
           15-15-5-9Indiana seed arbitration council established
           15-15-5-10Council's duties
           15-15-5-11Authority of council; investigations; hearings; subpoenas
           15-15-5-12Conditions precedent to civil suit; tolling of limitations
           15-15-5-13Counterclaims or defenses; notice
           15-15-5-14Binding effect of arbitration report
           15-15-5-15Absence of agreement to be bound by arbitration; presentation of post report claims
           15-15-5-16Report of arbitration as evidence in subsequent litigation
           15-15-5-17Filing arbitration claim; filing fee; time of complaint
           15-15-5-18Answer to complaint; filing fee
           15-15-5-19Investigation; payment of costs; disposition of payments
           15-15-5-20Coun