CHAPTER 12. INDIANA CORN MARKET DEVELOPMENT
IC 15-15-12
Chapter 12. Indiana Corn Market Development
IC 15-15-12-1
Application of chapter
Sec. 1. This chapter applies to all kinds and varieties of cornmarketed or sold as corn by a producer in Indiana.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-2
"Bushel"
Sec. 2. As used in this chapter, "bushel" means fifty-six (56)pounds of corn by weight.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-3
"Corn"
Sec. 3. As used in this chapter, "corn" does not include sweetcorn, seed corn, or popcorn.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-4
"Council"
Sec. 4. As used in this chapter, "council" refers to the Indiana cornmarketing council established by section 17 of this chapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-5
"Dean of agriculture"
Sec. 5. As used in this chapter, "dean of agriculture" refers to thedean of agriculture of Purdue University.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-6
"Director"
Sec. 6. As used in this chapter, "director" refers to the director ofthe Indiana state department of agriculture or the person designatedby the director of the Indiana state department of agriculture to carryout duties imposed on the director of the Indiana state department ofagriculture under this chapter.
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.52.
IC 15-15-12-7
"First purchase"
Sec. 7. As used in this chapter, "first purchase" means a sale ofcorn at the first point of delivery when the corn is weighed andgraded and title to the corn is transferred.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-8 "First purchaser"
Sec. 8. (a) As used in this chapter, "first purchaser" means aperson who is engaged in Indiana in the business of buying corn fromproducers. The term refers to a person buying or acquiring cornfrom:
(1) the producer of the corn; or
(2) the Commodity Credit Corporation, if the corn is pledged ascollateral for a loan issued under a price support loan programadministered by the Commodity Credit Corporation.
(b) The term does not include a buyer of corn who buys less thanone hundred thousand (100,000) bushels of corn annually for thebuyer's own use as seed or feed.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-9
"Grain"
Sec. 9. As used in this chapter "grain" has the meaning set forthin IC 26-4-1-13.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-10
"Market development"
Sec. 10. As used in this chapter, "market development" means to:
(1) provide for the development of new or larger domestic andforeign markets for corn;
(2) promote the production and marketing of renewable fuelsand new technologies that use corn; and
(3) access federal government money available to the state tofurther the market development activities described insubdivisions (1) and (2).
As added by P.L.2-2008, SEC.6.
IC 15-15-12-11
"Marketing year"
Sec. 11. As used in this chapter, "marketing year" means thetwelve (12) month period beginning October 1 and ending thefollowing September 30.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-12
"Person"
Sec. 12. As used in this chapter, "person" means an individual, apartnership, a limited liability company, a public or privatecorporation, a political subdivision (as defined in IC 36-1-2-13), acooperative, a society, an association, or a fiduciary.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-13
"Producer"
Sec. 13. As used in this chapter, "producer" means a person
engaged in the business of producing and marketing corn in Indianaunder the producer's own name.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-14
"Promotion"
Sec. 14. As used in this chapter, "promotion" means:
(1) communication directly with corn producers;
(2) technical assistance; and
(3) trade marketing activities;
to enhance the marketing opportunities of corn for corn products indomestic and foreign markets.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-15
"Research"
Sec. 15. As used in this chapter, "research" means a study toadvance the:
(1) marketability;
(2) production;
(3) product development;
(4) quality; or
(5) functional or nutritional value;
of corn or corn products, including a research activity designed toidentify and analyze barriers to domestic and foreign sales of corn orcorn products.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-16
"Sale"
Sec. 16. As used in this chapter, "sale" means a conveyance oftitle to corn or the pledge or other encumbrance of corn as securityfor a loan extended by the Commodity Credit Corporation under afederal price support loan program.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-17
Indiana corn development council established; membership;residence; per diem and travel expenses
Sec. 17. (a) The Indiana corn marketing council is established.The council is a public body corporate and politic, and though it isseparate from the state, the exercise by the council of its powersconstitutes an essential governmental function. The council may sueand be sued and plead and be impleaded.
(b) The council consists of seventeen (17) voting and eight (8) exofficio, nonvoting members. The elected members from districtslisted under section 21(a) of this chapter must be:
(1) registered as voters in Indiana;
(2) at least eighteen (18) years of age; and
(3) producers. (c) Each elected member of the council must reside in the districtidentified in section 21(a) of this chapter from which the member iselected.
(d) Each member of the council is entitled to reimbursement fortraveling expenses and other expenses actually incurred inconnection with the member's duties, as provided in the state travelpolicies and procedures established by the Indiana department ofadministration and approved by the budget agency. However, councilmembers are not entitled to a salary or per diem.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-18
Terms
Sec. 18. (a) The term of office of an elected or appointed councilmember is three (3) years. A member's term of office expires at theend of the final marketing year in the term. However, a membercontinues in office until a successor who meets the qualifications setforth in section 17(b) of this chapter is elected.
(b) An elected or appointed council member may not hold officefor more than three (3) consecutive full terms.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-19
Vacancies
Sec. 19. (a) If a member of the council elected or appointed undersection 21(a), 21(b), 21(c), or 21(d) of this chapter ceases to meetone (1) or more of the qualifications set forth in section 17(b) of thischapter, the member's term of office terminates and the member'soffice becomes vacant.
(b) Whenever an elected council member's office becomes vacantbefore the expiration of the member's term of office, the council shallfill the vacancy by appointing a replacement member who meets thequalifications set forth in section 17(b) of this chapter. The appointeeshall serve for the remainder of the unexpired term.
(c) Whenever the office of a council member appointed undersection 21(e), 21(g), or 21(h) of this chapter becomes vacant beforethe expiration of the member's term of office, the dean of agricultureshall fill the vacancy by appointing a replacement member whorepresents the group from which the member was originallyappointed. The appointee shall serve for the remainder of theunexpired term.
(d) Whenever the office of a member appointed under section21(f) of this chapter becomes vacant, the appointing authority whoappointed the member shall fill the vacancy. An appointee under thissubsection shall serve for the remainder of the unexpired term.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-20
Appointment of nonvoting council members
Sec. 20. (a) When necessary, the council may appoint individuals
who hold offices of importance to the corn industry or have specialexpertise concerning that industry to participate in the work of thecouncil. These individuals may not participate in votes taken by thecouncil but are eligible for reimbursement for traveling expenses.
(b) A person appointed under this section serves a term of three(3) years.
(c) A person appointed under this section may not serve for morethan three (3) consecutive full terms.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-21
Election districts; qualifications; appointments; ex officio members
Sec. 21. (a) One (1) council member shall be elected from each ofthe following districts:
DISTRICT 1. The counties of Lake, Newton, Jasper, Benton,Porter, LaPorte, Starke, White, and Pulaski.
DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall,Kosciusko, Fulton, Carroll, Cass, Miami, and Wabash.
DISTRICT 3. The counties of LaGrange, Steuben, Noble,DeKalb, Whitley, Allen, Huntington, Wells, and Adams.
DISTRICT 4. The counties of Montgomery, Fountain, Warren,Tippecanoe, Vermillion, Parke, Putnam, Vigo, Clay, and Owen.
DISTRICT 5. The counties of Clinton, Boone, Tipton, Howard,Grant, Hamilton, Madison, Hendricks, Marion, Hancock,Morgan, Johnson, Shelby, Rush, Bartholomew, and Decatur.
DISTRICT 6. The counties of Blackford, Jay, Delaware, Henry,Randolph, Wayne, Fayette, and Union.
DISTRICT 7. The counties of Sullivan, Greene, Knox, Daviess,Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick,and Spencer.
DISTRICT 8. The counties of Monroe, Brown, Lawrence,Jackson, Orange, Washington, Perry, Crawford, Harrison, andFloyd.
DISTRICT 9. The counties of Franklin, Jennings, Jefferson,Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott.
(b) Six (6) council members shall be elected to represent allcounties in Indiana.
(c) The dean of agriculture shall appoint one (1) representative ofthe largest general farm organization in Indiana to serve as a memberof the council.
(d) The dean of agriculture shall appoint one (1) representative ofthe second largest general farm organization in Indiana to serve as amember of the council.
(e) The director shall appoint two (2) representatives of firstpurchaser organizations to serve as nonvoting members of thecouncil.
(f) Four (4) members serve on the council, to be appointed asnonvoting members as follows:
(1) One (1) member appointed by the president pro tempore ofthe senate. (2) One (1) member appointed by the minority leader of thesenate.
(3) One (1) member appointed by the speaker of the house ofrepresentatives.
(4) One (1) member appointed by the minority leader of thehouse of representatives.
The members appointed under this subsection are ex officio membersof the council. The members of the senate must be of differentpolitical parties. The members of the house of representatives mustbe of different political parties. Notwithstanding any other law, themembers appointed under this section are entitled to receive the perdiem of members of the general assembly for time spent inattendance at the meetings of the council. Per diem of these membersshall be paid by the council upon approval of the director.
(g) The dean of agriculture or the dean's designee shall serve as anex officio, nonvoting member of the council.
(h) The secretary of agriculture or the secretary's designee shallserve as an ex officio, nonvoting member of the council.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-22
Date of election; notice
Sec. 22. An election of a council member shall be held in a districtin the year in which the term of the district's council member is toexpire. Between January 1 and March 15 of that year, the councilshall notify the producers of the district of the impending election bypublishing one (1) notice in a statewide agricultural publication andby making information available to the news media in the district.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-23
Ballots; petitions; forms
Sec. 23. (a) The ballot for the election of a district councilmember must include the name of each producer who:
(1) meets the qualifications set forth in section 17(b) of thischapter; and
(2) files with the council, before June 30 of the year of theelection, a petition in support of candidacy signed by ten (10)other producers who reside in the district.
(b) The council shall provide petition forms upon request andshall make forms available:
(1) at cooperative extension service offices located in thedistrict; and
(2) via the council's Internet web site.
(c) The council shall allow a producer to request a ballot throughthe council's Internet web site.
(d) A name other than the names of the producers who havequalified under this section may not be printed on the ballot by thecouncil. All names on the ballot must be listed in alphabetical orderbased on the producer's surname. (e) The council shall require each producer who submits a ballotto provide a separate attestation that the person is an eligibleproducer.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-24
Absentee ballots
Sec. 24. (a) For purposes of the election of a district councilmember, the council shall provide an absentee ballot to everyproducer who:
(1) resides outside Indiana or expects to be absent from thedistrict in which the producer resides on the day of the election;and
(2) requests an absentee ballot from the council at least five (5)days but not more than thirty (30) days before the election.
(b) A producer's absentee ballot is not valid unless the councilreceives the ballot from the producer at least two (2) days before theelection.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-25
Election judges; teller committee; traveling expenses
Sec. 25. (a) The director shall appoint election judges for theelection of council members. The director shall also appoint a tellercommittee to count absentee ballots and to canvass and certify resultsof elections of council members.
(b) Each election judge or teller committee member appointedunder this section is entitled to reimbursement for traveling expensesand other expenses actually incurred in connection with officialduties, as provided in the state travel policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency, but is not entitled to any salary orper diem.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-26
Election; date and location
Sec. 26. The election of a district council member must beconducted by the council in August at voting places located in thedistrict. The winner of an election takes office on the followingOctober 1.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-27
Council's duties
Sec. 27. (a) The council shall do the following:
(1) Elect a president, vice president, secretary, treasurer, andother officers the council considers necessary.
(2) Employ personnel and contract for services that arenecessary for the proper implementation of this chapter. (3) Bond the treasurer and such other persons as necessary toensure adequate protection of funds received and administeredby the council.
(4) Authorize the expenditure of funds and the contracting ofexpenditures to conduct proper activities under this chapter.
(5) Annually establish priorities and prepare and approve abudget consistent with the estimated resources of the counciland the scope of this chapter.
(6) Annually publish an activities report and audit and presentthe report and audit to the director, the dean of agriculture, andthe legislative council. The report and audit must be:
(A) sent to the legislative council in an electronic formatunder IC 5-14-6; and
(B) available on the council's Internet web site.
(7) Procure and evaluate data and information necessary for theproper implementation of this chapter.
(8) Formulate and execute assessment procedures and methodsof collection.
(9) Receive and investigate, or cause to be investigated,complaints and violations of this chapter and take necessaryaction within the council's authority.
(10) Adopt bylaws and operating procedures governingoperations of the council.
(11) Keep accurate accounts of all receipts and disbursementsof funds handled by the council and have the receipts anddisbursements audited annually by a certified public accountant.
(12) Establish and maintain an Internet web site.
(13) Take any other action necessary for the properimplementation of this chapter.
(b) A majority of the voting members of the council constitutes aquorum. The affirmative votes of at least a majority of the quorum,and at least nine (9) affirmative votes, are required for the council totake action.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-28
Council meetings
Sec. 28. (a) The council shall meet at least three (3) times in eachmarketing year at the call of the president or at the request oftwo-thirds (2/3) of the members of the council.
(b) The council shall comply with the requirements underIC 5-14-1.5 (open door law).
As added by P.L.2-2008, SEC.6.
IC 15-15-12-29
Payment of expenses; investments; market development
Sec. 29. (a) The council shall pay all expenses incurred under thischapter with money from the assessments remitted to the councilunder this chapter.
(b) The council may invest all money the council receives under
this chapter, including gifts or grants that are given for the expresspurpose of implementing this chapter, in the same way allowed bylaw for public funds.
(c) The council may expend money from assessments and frominvestment income not needed for expenses for market development,promotion, and research.
(d) The council may not use money received, collected, or accruedunder this chapter for any purpose other than the purposes authorizedby this chapter. The amount of money expended on administeringthis chapter in a state fiscal year may not exceed ten percent (10%)of the total amount of assessments, grants, and gifts received by thecouncil in that state fiscal year.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.4.
IC 15-15-12-30
Repealed
(Repealed by P.L.148-2009, SEC.12.)
IC 15-15-12-30.5
Retail merchant E85 deduction reimbursement fund; transfers,deposits, and deductions by budget agency
Sec. 30.5. (a) The retail merchant E85 deduction reimbursementfund is established. The fund consists of:
(1) assessments transferred by the council for deposit in thefund under section 32.5 of this chapter;
(2) gifts; and
(3) grants.
(b) Except as provided in subsection (g), money in the fund mayonly be used for the purposes described in subsection (d).
(c) On May 1, the budget agency shall determine the sum of allretail merchant deductions allowed under IC 6-2.5-7-5(d) in theimmediately preceding qualified reporting period (as defined inIC 6-2.5-7-5(e)).
(d) The budget agency shall transfer the amount determined undersubsection (c) from the fund for deposit. The amount transferredunder this subsection shall be deposited in the same manner as stategross retail and use taxes are required to be deposited underIC 6-2.5-10-1.
(e) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(f) If the amount of money in the fund on May 1 is insufficient toreimburse the state for all retail merchant deductions allowed underIC 6-2.5-7-5(d) in the immediately preceding qualified reportingperiod (as defined in IC 6-2.5-7-5(e)), the budget agency shall deductfrom any amounts transferred for deposit into the fund in theremainder of that calendar year an amount sufficient to cure theinsufficiency. The budget agency shall transfer any amountsdeducted under this subsection for deposit in the same manner as
state gross retail and use taxes are required to be deposited underIC 6-2.5-10-1.
(g) If the retail merchant E85 deduction program is terminated,any balance in the fund must be transferred to the council.
As added by P.L.148-2009, SEC.5.
IC 15-15-12-31
Liability for debts and actions of the council
Sec. 31. (a) Obligations incurred by the council and otherliabilities and claims against the council may be enforced onlyagainst the assets of the council in the same manner as if the councilwere a corporation. Liabilities for the debts or actions of the councilmay not arise against:
(1) the state;
(2) a political subdivision (as defined in IC 34-6-2-110); or
(3) a member, an officer, an employee, or an agent of thecouncil in an individual capacity.
(b) The members and employees of the council may not be heldresponsible individually in any way to any person for errors injudgment, mistakes, or other acts either of commission or omission,as principal, agent, or employee, except for their own individual actsthat result in the violation of any law.
(c) An employee of the council may not be held responsibleindividually for the act or omission of any member of the council.
(d) Any liability of the members of the council is several and notjoint. A member of the council may not be held liable for the defaultof any other member.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-32
Assessments; collection; handling fee
Sec. 32. (a) An assessment of one-half cent ($0.005) per bushelmust be collected on all corn sold in Indiana. The assessment may beimposed and collected on a quantity of corn only once and must becollected by the first purchaser. A buyer of corn who purchases morethan one hundred thousand (100,000) bushels annually for thebuyer's own use as seed or feed is responsible only for collectingcheckoff assessments on corn purchases made after the buyerexceeds the one hundred thousand (100,000) bushel threshold andbecomes a first purchaser. The rate of the assessment imposed by thissection may be changed only by the general assembly.
(b) The first purchaser of a quantity of corn shall deduct theassessment on the corn from the money to be paid to the producerbased on the sale of the corn. A first purchaser shall accumulateassessments collected under this subsection throughout each of thefollowing periods:
(1) January, February, and March.
(2) April, May, and June.
(3) July, August, and September.
(4) October, November, and December. (c) At the end of each period, the first purchaser shall remit to thecouncil all assessments collected during the period. A first purchaserwho remits all assessments collected during a period within thirty(30) days after the end of the period is entitled to retain three percent(3%) of the total of the assessments as a handling fee.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-32.5
Indiana corn marketing council transfers for deposit in retailmerchant E85 deduction reimbursement fund
Sec. 32.5. (a) On July 1, 2010, the council shall transfer fivehundred thousand dollars ($500,000) to the budget agency fordeposit in the retail merchant E85 deduction reimbursement fundestablished by section 30.5 of this chapter.
(b) On July 1, 2011, and each year thereafter, the council shalltransfer to the budget agency for deposit in the retail merchant E85deduction reimbursement fund established by section 30.5 of thischapter an amount equal to the difference between:
(1) five hundred thousand dollars ($500,000); minus
(2) the balance remaining in the fund on June 30.
However, the amount transferred under this subsection may notexceed five hundred thousand dollars ($500,000).
As added by P.L.148-2009, SEC.6.
IC 15-15-12-33
Refunds to producers; application; proof of deduction ofassessment from corn sale price; deadline for payment of refund
Sec. 33. (a) If a producer has sold corn and the state assessmentwas deducted from the sale price of the corn, the producer maysecure a refund equal to the amount deducted upon filing a writtenapplication.
(b) A producer's application for a refund under this section mustbe made to the council not more than one hundred eighty (180) daysafter the state assessment is deducted from the sale price of theproducer's corn.
(c) The council shall provide application forms to a first purchaserfor purposes of this section upon request and make application formsavailable on the council's Internet web site. Before July 1, 2009, afirst purchaser shall provide an application form to each produceralong with each settlement form that shows a deduction. After June30, 2009, a first purchaser shall make application forms available inplain view at the first purchaser's place of business.
(d) Proof that an assessment has been deducted from the sale priceof a producer's corn must be attached to each application for a refundsubmitted under this section by a producer. The proof that anassessment was deducted may be in the form of a duplicate or anoriginal copy of the purchase invoice or settlement sheet from thefirst purchaser. The refund form and proof of assessment may bemailed or faxed to the council. The refund form must clearly statehow to request a refund, the address where the form may be mailed,
and the fax number where the form may be faxed.
(e) If a refund is due under this section, the council shall remit therefund to the producer not later than thirty (30) days after the date theproducer's completed application and proof of assessment arereceived.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.7.
IC 15-15-12-34
Information to be included in checkoff refund form
Sec. 34. The checkoff refund form must:
(1) contain the address and fax number of the location to whichthe assessment refund form may be sent;
(2) contain information concerning procedures to claim anassessment refund; and
(3) contain any other information determined necessary by thecouncil.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.8.
IC 15-15-12-35
Maintaining records and supplying information by first purchaser;audit by council; qualifications of auditor
Sec. 35. (a) A first purchaser shall keep detailed records of allassessments collected and remitted under this chapter for at leastthree (3) years.
(b) Upon request, a first purchaser shall supply the council withany information from records kept under subsection (a).
(c) The council may periodically audit a first purchaser's checkoffassessment and remittance records kept under subsection (a). Anaudit must be conducted by:
(1) a qualified public accountant of the council's choosing; or
(2) an auditor who is familiar with the:
(A) storage;
(B) conditioning;
(C) shipping; and
(D) handling;
of agricultural commodities.
The costs of the audit shall be paid by the council.
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.9.
IC 15-15-12-36
Failure to remit assessments; hearing; civil action; penalty
Sec. 36. (a) If a first purchaser fails to remit the assessmentscollected during a period specified in section 32 of this chapterwithin thirty (30) days after the end of the period, the council shallcontact the first purchaser and allow the first purchaser to presentcomments to the council concerning:
(1) the status and amount of the assessments due; and
(2) reasons why the council should not bring legal actionagainst the first purchaser.
(b) After allowing a first purchaser the opportunity to present
comments, the council:
(1) may adjust the amount of the assessments due, if the firstpurchaser's comments reveal that the council's figure isinaccurate;
(2) may assess a penalty against the first purchaser;
(3) shall:
(A) assess a fee for an unpaid assessment due the council,from a person responsible for remitting assessments, at therate of two percent (2%) of the amount of the unpaidassessment each month, beginning with the day followingthe date the assessment is due under this subsection; and
(B) if there is any remaining amount due after theassessment of the fee under clause (A), assess a fee at thesame rate on the corresponding day of each month thereafteruntil the entire amount of the unpaid assessment is paid;
(4) shall compute the amounts payable on unpaid assessmentsunder this section monthly and include any unpaid late chargespreviously applied under this section; and
(5) shall determine the date of a payment for purposes of thissubsection by the postmark applied to the remitting envelope.
(c) If a first purchaser fails to remit assessments after beingallowed to present comments under subsection (a) or to pay anypenalty assessed under subsection (b), the council may bring a civilaction against the first purchaser in a circuit, superior, or municipalcourt of any county. The action shall be tried and a judgmentrendered as in any other proceeding for the collection of a debt. In anaction under this subsection, the council may obtain:
(1) a judgment in the amount of all unremitted assessments andany unpaid penalty; and
(2) an award of the costs of bringing the action.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-37
Restrictions on use of assessment
Sec. 37. (a) Proceeds of the checkoff assessment collected by thecouncil under this chapter may not be used to influence legislation orgovernmental action or policy.
(b) Proceeds of the assessment collected under this chapter maybe used to communicate information related to the:
(1) conduct;
(2) implementation; or
(3) results;
of promotion, research, and market development activities toappropriate government officials.
(c) After January 1, 2009, proceeds of the assessment collectedunder this chapter may be used for action designed to market corn orcorn products directly to a foreign government or a politicalsubdivision of a foreign government. However, not more than fivepercent (5%) of the annual amount collected may be used under thissubsection.As added by P.L.2-2008, SEC.6.
IC 15-15-12-38
Procedures for termination if refunds are greater than 25%
Sec. 38. (a) For the marketing year beginning October 1, 2009, ifat least twenty-five percent (25%) of the assessment is refundedduring the marketing year, the council shall:
(1) cease collecting the assessment on January 1 of thesubsequent year;
(2) maintain a sufficient amount of money to pay any refundsrequested by producers; and
(3) request that the legislative council have legislation preparedto repeal the corn market law.
(b) If for the marketing year beginning October 1, 2009, less thantwenty-five percent (25%) of the assessments are refunded, thecouncil shall review the refunds for each year beginning with themarketing year beginning October 1, 2010. If refunds exceedtwenty-five percent (25%) in two (2) consecutive marketing years,the council shall:
(1) cease collecting the assessment on January 1 of thesubsequent year;
(2) maintain a sufficient amount of money to pay any refundsrequested by producers; and
(3) request that the legislative council have legislation preparedto repeal the corn market law.
(c) The dean of agriculture and the council shall report to thelegislative council the amounts collected and refunded. The report tothe legislative council must be in an electronic format underIC 5-14-6.
As added by P.L.2-2008, SEC.6.
IC 15-15-12-39
Injunctions
Sec. 39. (a) If a person fails to discharge a duty imposed by thischapter other than remitted assessments, the council shall allow theperson an opportunity to present comments to the council concerningreasons why the council should not bring legal action against theperson. If it is necessary to obtain compliance with this chapter, thecouncil may bring an action against the person in a circuit, superior,or municipal court of any county seeking an injunction mandatingcompliance and any other appropriate legal remedies.
(b) In an action under this section, the council may be grantedinjunctive relief without establishing the absence of an adequateremedy at law.
As added by P.L.2-2008, SEC.6.