CHAPTER 5. STATE FAIR BOARD

IC 15-13-5
    Chapter 5. State Fair Board

IC 15-13-5-1
State fair board established
    Sec. 1. The state fair board is established.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-2
Membership of board; qualifications
    Sec. 2. (a) The board consists of seventeen (17) members asfollows:
        (1) The governor or the governor's designee.
        (2) The director of the Indiana state department of agricultureor the director's designee.
        (3) The director of the cooperative extension service of PurdueUniversity or the director's designee.
        (4) Seven (7) members appointed under this chapter by thegovernor, one (1) from each district.
        (5) One (1) member elected under this chapter from eachdistrict.
    (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 arecognized interest in agriculture or agribusiness.
    (e) When an appointment of a member under subsection (a)(4) isrequired, the appointment may not be made until after the election ofmembers under subsection (a)(5) for that year is certified undersection 22 of this chapter.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.38.

IC 15-13-5-3
Board; terms; reappointment
    Sec. 3. (a) Except as provided in subsection (d), the term of anindividual as a member under section 2(a)(4) or 2(a)(5) of thischapter begins on the later of the following:
        (1) October 1 after the expiration of the term of the memberwhom the individual is appointed or elected to succeed.
        (2) For an individual appointed under section 2(a)(4) of thischapter, 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 thischapter expires on September 30 of the fourth year after theexpiration of the term of the member's immediate predecessor.
    (c) Except as provided in subsection (d), a member of the boardmay be reappointed or reelected for a new term. A memberreappointed 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 section2(a)(4) or 2(a)(5) of this chapter for more than eight (8) years in anytwelve (12) year period, except as provided in section 4(c) of thischapter.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-4
Board; vacancy
    Sec. 4. (a) The governor shall appoint an individual qualifiedunder 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 theindividual replaces.
    (c) The period of the unexpired term for which an individualserves after appointment under this section is not considered indetermining the number of years that a member has served in atwelve (12) year period for purposes of section 3(d) of this chapter.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-5
Presiding officer; other officers
    Sec. 5. (a) The board shall elect a member serving under section2(a)(5) of this chapter to be the presiding officer of the board. Themember elected under this section is the presiding officer of theboard 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 theboard.
    (b) The board may elect other officers for the board from theboard's membership.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-6
Per diem and travel expenses
    Sec. 6. (a) Subject to subsection (c), each member of the boardwho is not a state employee is entitled to receive the following:
        (1) The minimum salary per diem provided byIC 4-10-11-2.1(b).
        (2) Subject to subsection (c), reimbursement for travel expensesand other expenses actually incurred in connection with themember's duties, as provided in the state policies andprocedures established by the Indiana department ofadministration and approved by the budget agency.
    (b) Subject to subsection (c), each member of the board who is astate employee is entitled to reimbursement for traveling expensesand other expenses actually incurred in connection with the member'sduties, as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
    (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.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-7
Expenses of the board
    Sec. 7. The commission shall pay the expenses of the boardapproved by the commission from the money of the commission.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-8
Holding property in name of board prohibited
    Sec. 8. The board may not hold property in the board's name.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-9
Certification of organization to vote
    Sec. 9. If an organization wants to be certified to vote in anelection under this chapter, the organization must apply to thedirector of the Indiana state department of agriculture.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.39.

IC 15-13-5-10
Requirements for certification of organization to vote
    Sec. 10. (a) Subject to sections 11 through 13 of this chapter, thedirector of the Indiana state department of agriculture shall certify anorganization that applies under section 9 of this chapter as eligible tovote 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 theapplication for certification is filed with the director of theIndiana state department of agriculture; and
        (7) before July 1 of the year of the election in which theorganization wants to participate, files with the director of theIndiana 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 isauthorized by the organization to vote for the organization inan election under this chapter;
            (D) the number of the organization's active members;
            (E) a certification that the organization is eligible to becertified 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 thefourth year after the certification is issued by the director of theIndiana state department of agriculture.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.40.

IC 15-13-5-11
State organizations; certification
    Sec. 11. (a) If an organization organized on a statewide basis hasan 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 becertified;
for the district under section 10 of this chapter.
    (b) If subsection (a) does not apply, but the organizationorganized on a statewide basis has an affiliated organization withinthe district:
        (1) the affiliated organization may be certified; and
        (2) the organization organized on a statewide basis may not becertified;
for the district under section 10 of this chapter. The affiliatedorganization may cast only one (1) vote in a district election.
    (c) If subsections (a) and (b) do not apply, the organizationorganized on a statewide basis:
        (1) may be certified for the district under section 10 of thischapter; and
        (2) may cast only one (1) vote in a district election.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-12
District organizations; certification
    Sec. 12. (a) If an organization organized only on a district levelbasis 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 maynot be certified;
for the district under section 10 of this chapter.
    (b) If subsection (a) does not apply, the organization organizedonly on a district level basis:
        (1) may be certified for the district under section 10 of thischapter; and
        (2) may cast only one (1) vote in a district election.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-13
Certification when more than one organization represents countyagriculture
    Sec. 13. (a) The director of the Indiana state department ofagriculture may not certify for a district under section 10 of thischapter 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 thatsatisfy the requirements of section 10 of this chapter apply forcertification, the director of the Indiana state department ofagriculture 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 agriculturalinterests.
        (5) Diversity of representation of interests within theagricultural community.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.41.

IC 15-13-5-14
Convention to elect committee member; notice
    Sec. 14. (a) Before September 1 of the year the term of a memberrepresenting a district expires, the director of the Indiana statedepartment of agriculture shall notify each organization certified forthe district under section 10 of this chapter that a district conventionwill be held to elect the member to represent the district.
    (b) Subject to section 17 of this chapter, the director of theIndiana 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 thepresiding officer; and
        (2) choose a date, time, and place that will encourage maximumparticipation in the district convention by organizations referredto in subsection (a).
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.42.

IC 15-13-5-15
Convention elections; credentials; copies
    Sec. 15. The director of the Indiana state department ofagriculture shall send copies of the credentials of each individualentitled 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.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.43.

IC 15-13-5-16
Presiding officer at convention
    Sec. 16. (a) The director of the Indiana state department ofagriculture shall choose from among the members of the commissionthe individual to preside at a district convention.
    (b) The presiding officer of the convention may vote in the caseof a tie vote on any matter.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.44.
IC 15-13-5-17
Election of member's successor
    Sec. 17. (a) During September before the term of a memberrepresenting a district expires, the individuals designated undersection 10(a)(7)(C) of this chapter for each organization certifiedunder section 10 of this chapter for the district shall meet in a districtconvention to elect the member's successor.
    (b) Voting under subsection (a) is by voice concurrent with thesubmission of a signed written ballot by each person votingindicating the person's vote.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-18
District convention rules
    Sec. 18. The director of the Indiana state department ofagriculture shall adopt rules for the business of a district convention.Rules adopted under this section may not be inconsistent with thischapter.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.45.

IC 15-13-5-19
Credentials to vote at convention; contesting credentials
    Sec. 19. (a) Except as provided in subsection (b), the credentialsof an individual issued under this chapter are conclusive of the rightof the individual to vote at the district convention.
    (b) A person may contest the validity of the credentials of anindividual by alleging facts constituting fraud or misrepresentationin securing the credentials. The affidavit must be filed with thepresiding officer of the district convention not later than the date ofthe district convention.
    (c) If a person contests the validity of the credentials of anindividual under subsection (b), the validity of the individual'scredentials shall be determined by a majority vote of all individualsrepresenting the county of the individual whose credentials arecontested.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-20
Voting at district convention
    Sec. 20. Except as provided in section 16 of this chapter, anindividual may not vote at a district convention if the individual doesnot have valid credentials issued under this chapter.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-21
District representative; qualifications
    Sec. 21. (a) To be elected as a member to represent a district, anindividual 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 adistrict convention, the individual is elected as a member to representthe district.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-22
Certified election results
    Sec. 22. The presiding officer of a district convention shall certifythe results of the election under section 21 of this chapter to thecommission and to the board.
As added by P.L.2-2008, SEC.4.

IC 15-13-5-23
Rules; forms
    Sec. 23. The director of the Indiana state department ofagriculture may:
        (1) adopt rules under IC 4-22-2; and
        (2) prescribe forms;
to implement sections 9 through 22 of this chapter.
As added by P.L.2-2008, SEC.4. Amended by P.L.120-2008, SEC.46.