CHAPTER 9. TOBACCO FARMERS AND RURAL COMMUNITY IMPACT FUND
IC 4-12-9
Chapter 9. Tobacco Farmers and Rural Community Impact Fund
IC 4-12-9-1
"Fund" defined
Sec. 1. As used in this chapter, “fund" refers to the tobaccofarmers and rural community impact fund established by section 2 ofthis chapter.
As added by P.L.21-2000, SEC.7.
IC 4-12-9-2
Establishment and administration of fund; contents; expenses;investments
Sec. 2. (a) The tobacco farmers and rural community impact fundis established. The fund shall be administered by the director of thedepartment of agriculture. The fund consists of:
(1) amounts, if any, that another statute requires to bedistributed to the fund from the Indiana tobacco mastersettlement agreement fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund;and
(4) interest that accrues from money in the fund.
(b) The expenses of administering the fund shall be paid frommoney in the fund.
(c) Notwithstanding IC 5-13, the treasurer of state shall invest themoney in the fund not currently needed to meet the obligations of thefund in the same manner as money is invested by the publicemployees retirement fund under IC 5-10.3-5. The treasurer of statemay contract with investment management professionals, investmentadvisors, and legal counsel to assist in the management of the fundand may pay the state expenses incurred under those contracts.
(d) Money in the fund at the end of the state fiscal year does notrevert to the state general fund and remains available for expenditure.
As added by P.L.21-2000, SEC.7. Amended by P.L.291-2001,SEC.73; P.L.1-2006, SEC.60.
IC 4-12-9-3
Use of money in fund
Sec. 3. (a) Subject to subsection (b), money in the fund shall beused for the following purposes:
(1) Agricultural grant and loan programs to assist cooperativearrangements consisting of tobacco quota owners and tobaccogrowers working together to transition from tobacco productionto other agricultural enterprises and to assist individual tobaccoquota owners and tobacco growers who are in the process oftransitioning to other agricultural enterprises.
(2) Value-added cooperatives, incubators, and other enterprisesor facilities established for the purpose of assisting tobaccoquota owners and tobacco growers to capture additional
revenues from non-tobacco agricultural commodities.
(3) Agricultural mentoring programs, entrepreneurial leadershipdevelopment, and tuition and scholarships to assist displacedtobacco growers in acquiring new training and employmentskills.
(4) Academic research to identify new transitional cropenterprises to replace tobacco production.
(5) Market facility development for marketing current and newcrop enterprises.
(6) Administrative and planning services for local communitiesand economic development entities that suffer a negative impactfrom the loss of tobacco production.
(7) Establishment and operation of a regional economicdevelopment consortium to address common problems faced bylocal communities that suffer a negative impact from the loss oftobacco production.
(b) Expenditures from the fund are subject to appropriation by thegeneral assembly and approval by the director of the department ofagriculture. The director of the department of agriculture may notapprove an expenditure from the fund unless that expenditure hasbeen recommended by the advisory board established by section 4 ofthis chapter.
As added by P.L.21-2000, SEC.7. Amended by P.L.291-2001,SEC.74; P.L.1-2006, SEC.61.
IC 4-12-9-4
Advisory board
Sec. 4. (a) The tobacco farmers and rural community impact fundadvisory board is established. The advisory board shall meet at leastquarterly and at the call of the director of the department ofagriculture to make recommendations concerning expenditures ofmoney from the fund.
(b) The advisory board consists of the following:
(1) The director of the department of agriculture, who is an exofficio member and serves as chairperson of the advisory board.
(2) Two (2) members of the senate, who may not be membersof the same political party, appointed by the president protempore of the senate.
(3) Two (2) members of the house of representatives, who maynot be members of the same political party, appointed by thespeaker of the house of representatives.
(4) The following appointees by the governor who represent thefollowing organizations or interests:
(A) Two (2) tobacco growers.
(B) One (1) tobacco quota owner.
(C) Two (2) persons with knowledge and experience in stateand regional economic development needs.
(D) One (1) person representing small towns or ruralcommunities.
(E) One (1) person representing the Southern Indiana Rural
Development Project.
(F) One (1) person representing agricultural programs atuniversities located in Indiana.
The members of the advisory board listed in subdivisions (1) through(3) are nonvoting members. The members of the advisory boardlisted in subdivision (4) are voting members.
(c) The term of office of a legislative member of the advisoryboard is four (4) years. However, a legislative member of theadvisory board ceases to be a member of the advisory board if themember:
(1) is no longer a member of the chamber from which themember was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removedat any time by the appointing authority who appointed the legislativemember.
(e) The term of office of a member of the advisory boardappointed under subsection (b)(4) is four (4) years. However, thesemembers serve at the pleasure of the governor and may be removedfor any reason.
(f) If a vacancy exists on the advisory board with respect to alegislative member or the members appointed under subsection(b)(4), the appointing authority who appointed the former memberwhose position has become vacant shall appoint an individual to fillthe vacancy for the balance of the unexpired term.
(g) Five (5) voting members of the advisory board constitute aquorum for the transaction of business at a meeting of the advisoryboard. The affirmative vote of at least five (5) voting members of theadvisory board is necessary for the advisory board to take action.
(h) Each member of the advisory board who is not a stateemployee is not entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is, however, entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and 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.
(i) Each member of the advisory board who is a state employeebut who is not a member of the general assembly is entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and 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.
(j) Each member of the advisory board who is a member of thegeneral assembly is entitled to receive the same per diem, mileage,and travel allowances paid to legislative members of interim studycommittees established by the legislative council. Per diem, mileage,and travel allowances paid under this subsection shall be paid fromappropriations made to the legislative council or the legislative
services agency.
(k) Payments authorized for members of the advisory board undersubsections (h) through (i) are payable from the tobacco farmers andrural community impact fund.
As added by P.L.291-2001, SEC.75. Amended by P.L.1-2006,SEC.62; P.L.144-2006, SEC.10.