CHAPTER 6. ORGANIZATION OF HORTICULTURAL AND QUARANTINE DISTRICTS
IC 15-16-6
Chapter 6. Organization of Horticultural and Quarantine Districts
IC 15-16-6-1
Authority to organize horticulture and quarantine districts;purposes
Sec. 1. (a) Horticultural and quarantine districts may be organizedunder this chapter for any or all of the following purposes:
(1) To prevent the spread of contagious diseases among fruit,fruit trees, and fruit bearing plants.
(2) To provide for the prevention, treatment, cure, andextirpation of:
(A) fruit pests; and
(B) diseases of fruit, fruit trees, and fruit bearing plants.
(3) To:
(A) provide for the purchase and maintenance of sprayingmachines, wagons, or other necessary apparatus toadequately spray fruit trees or other fruit bearing plants;
(B) hire workers and teams to perform the required labor;and
(C) incur the necessary expense to carry out the purposes ofthis chapter.
(4) To hire experts to:
(A) inspect fruit trees and fruit bearing plants found withina horticultural and quarantine district; and
(B) prescribe the proper methods of treatment of diseases offruit trees or fruit bearing plants.
(b) A horticultural and quarantine district shall be administered bya voluntary association that has three (3) elected directors.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-2
Organizers; articles of association; contents; amendment
Sec. 2. (a) At least ten (10) persons who are owners of land:
(1) constituting a contiguous area; and
(2) upon which are situated orchards, fruit trees, or other fruitbearing plants;
may establish a horticultural and quarantine district.
(b) The articles of association must be in writing and signed andacknowledged by each person who desires to become a member ofthe organization. The articles of association must specify thefollowing:
(1) The corporate name of the association.
(2) The objectives of the association, generally.
(3) The name and residence of each incorporating member.
(4) The term of existence of the association. However, the termmay not exceed ten (10) years.
(5) That three (3) directors shall manage the affairs of theassociation.
(c) An association may not have capital stock. The articles of
association may be amended at any time by supplementary andamended articles:
(1) signed and acknowledged by a majority of the members ofthe association at the time of amendment; and
(2) recorded in the same manner as the original articles.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-3
Notice of election; information
Sec. 3. (a) At least three (3) members of the association may givenotice of an election of the board of directors of the association.
(b) The notice must contain the following information:
(1) The date and time of the election.
(2) The place where the election will be held. The election mustbe held at a place:
(A) convenient to voters; and
(B) located within or near the proposed horticultural andquarantine district.
(c) The notice must be:
(1) published in one (1) newspaper:
(A) in the county; and
(B) of general circulation among the members of theassociation; or
(2) delivered in person.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-4
Directors; election; term
Sec. 4. (a) If a majority of the members of the association arepresent at the time and place specified in the notice described insection 3 of this chapter, the members shall elect, by ballot, three (3)directors from among the membership of the association.
(b) The directors shall immediately determine by lot the directors'initial terms of office, which are as follows:
(1) One (1) director shall serve a term of one (1) year.
(2) One (1) director shall serve a term of two (2) years.
(3) One (1) director shall serve a term of three (3) years.
(c) Except as provided in subsection (b), the term of a director isthree (3) years. A director shall serve until a successor is elected andqualified.
(d) The directors shall call an annual meeting of the associationmembers to elect a director. The directors shall provide notice of themeeting under section 3 of this chapter. The members shall meet atthe time and place fixed by the directors.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-5
Directors; vacancy
Sec. 5. If a vacancy occurs in the office of a director, theremaining directors shall fill the vacancy by appointing a temporary
director. The temporary director shall be appointed from among themembers of the association and shall hold office until the next annualelection.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-6
Articles filing; corporate nature and powers; assessment; bylaws
Sec. 6. (a) Before or after the election of directors, the associationshall:
(1) file the articles of association in the office of the secretaryof state; and
(2) record in the recorder's office of each county in which anypart of the proposed horticultural and quarantine district issituated a duplicate copy of the articles of association.
(b) After the articles of association are filed and recorded, theassociation is a body politic and corporate, by the name and styleadopted. The association has all the rights, powers, and privilegesgiven to corporations to:
(1) sue and be sued, plead and be pleaded, answer and beanswered, in any court with jurisdiction;
(2) borrow money and levy assessments upon the owners oflands, orchards, trees, and other fruit bearing plants situated inthe district; and
(3) rent, lease, purchase, hold, sell, and convey personalproperty as is necessary and proper for the purposes andobjectives of the corporation.
(c) A majority of the members of the association may:
(1) adopt bylaws for the government of the horticultural andquarantine district; and
(2) make rules as may be necessary to carry the bylaws intoforce and effect.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-7
Boundaries; annexation; maximum size; consolidation
Sec. 7. (a) The boundary of a horticultural and quarantine districtshall coincide with a line enclosing the lands owned by theassociation members.
(b) A person who is the owner of lands contiguous to ahorticultural and quarantine district is entitled to become a memberof the association at any time by signing the articles of association.
(c) Horticultural and quarantine districts may be increased in sizeto not more than twenty (20) square miles of territory by annexingcontiguous territory under this section.
(d) Contiguous horticultural and quarantine districts may beconsolidated if the combined area of the consolidating districts doesnot exceed twenty (20) square miles. The question of consolidationmay be submitted to the members of the respective associations at ajoint meeting called for that purpose. If a majority of membersentitled to vote under section 8 of this chapter vote in favor of
consolidation:
(1) a new district comprised of the consolidating districts isformed; and
(2) the articles of association of the new district shall be filedand recorded as prescribed in section 6 of this chapter.
(e) Directors of the new district may be chosen at the meetingcalled to determine the question of consolidation or at a subsequentmeeting.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-8
Voting rights
Sec. 8. All persons who have:
(1) signed the articles of association; and
(2) paid the assessments levied against them;
are entitled to vote at any meeting of the members of the associationon any question that lawfully comes before the association. Eachmember is entitled to one (1) vote on any question.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-9
Officers; records
Sec. 9. (a) The directors shall elect one (1) director to serve aspresident and one (1) director to serve as secretary.
(b) The secretary shall also serve as treasurer of the associationand have custody of the the association's money. The secretary shallexecute a bond, with good freehold surety, for double the amount ofmoney that will probably be received by the secretary at any timeduring the secretary's term of office.
(c) The secretary shall:
(1) keep a record of the transactions of the association,including:
(A) brief minutes of meetings;
(B) the results of elections; and
(C) an itemized account of all receipts and expenditures; and
(2) present a report of the transactions of the association to themembers of the association at the annual meeting.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-10
Withdrawals from treasury
Sec. 10. Money may be drawn from the treasury of an associationonly upon the order of a majority of the board of directors. A warrantmust be:
(1) signed by the president of the board of directors; and
(2) attested by the treasurer.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-11
Special meetings; quorum Sec. 11. (a) A special meeting of the members of the associationmay be called at any time by:
(1) a majority of the board of directors; or
(2) five (5) members of the association.
(b) A majority of the members constitute a quorum to transactordinary business not required by law to be transacted at the regularmeeting prescribed by law.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-12
Administration by directors; purposes; hiring experts
Sec. 12. (a) The board of directors of any association shalladminister the affairs of an association under this chapter for any orall the following purposes:
(1) To prevent the spread of contagious diseases among fruit,fruit trees, and fruit bearing plants.
(2) To provide for the prevention, treatment, cure, andextirpation of:
(A) fruit pests; and
(B) diseases of fruit and fruit bearing plants.
(3) To:
(A) provide for the purchase and maintenance of sprayingmachines, wagons, or other necessary apparatus;
(B) adequately spray fruit trees or other fruit bearing plants;
(C) hire workers and teams to perform the required labor;and
(D) incur the necessary expense to carry out the purposes ofthis chapter.
(4) To hire experts to:
(A) inspect fruit trees and fruit bearing plants found withinthe horticultural and quarantine district; and
(B) prescribe the proper methods of treating a disease of thetrees or plants.
(5) To periodically levy assessments on the members asnecessary to administer this chapter and the purposes of theassociation.
(6) To actively cooperate with the state entomologist and thecounty agents in precautionary measures to prevent the spreadof injurious insects and plant diseases within the district.
(7) To advise, direct, and encourage the activities of theassociation.
(b) If directed by a majority vote of the members at any special orregular meeting, the board of directors of an association may hireexperts to:
(1) inspect fruit trees and fruit bearing plants; and
(2) prescribe the proper methods of treating diseases of fruittrees or fruit bearing plants.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-13 State entomologist; cooperation
Sec. 13. The state entomologist shall:
(1) cooperate with a horticultural or quarantine association inthe state in efforts to prevent, locate, check, or eradicateinjurious insects or fruit disease; and
(2) periodically or upon request send all available informationrelating to injurious insects and plant diseases, includingmethods of detection and treatment, to the board of directors ofa horticultural or quarantine association.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-14
County agricultural extension educator ex officio stateentomologist; cooperation
Sec. 14. (a) In counties having a county agricultural extensioneducator, the county agricultural extension educator shall be an exofficio deputy state entomologist for the county and shall:
(1) carry out the instructions of the state entomologist; and
(2) under the direction of the state entomologist, cooperate witha local horticultural association or society in efforts to prevent,locate, check, or eradicate injurious insects or fruit diseases.
(b) A county agricultural extension educator may not receiveadditional compensation for performing the duties of the deputy stateentomologist.
As added by P.L.2-2008, SEC.7.
IC 15-16-6-15
Assessments for expenses
Sec. 15. To raise money necessary to meet the expenses ofhorticultural and quarantine associations, the board of directors shallassess the individual members of the association in proportion to theservice derived, procured, or obtained by the members from theassociation. The assessment must be based on the acreage or numberof trees, plants, vines, or other herbaceous plants in equitableproportion as the directors consider just.
As added by P.L.2-2008, SEC.7.