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 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. 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 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. 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 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. 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 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. 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 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. 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 board
approved 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 an
election under this chapter, the organization must apply to the
director 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, 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. 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 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. 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 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. As added by P.L.2-2008, SEC.4.
IC 15-13-5-13 Certification 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. 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 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). 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 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. 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 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. 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 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. 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 of
agriculture shall adopt rules for the business of a district convention.
Rules adopted under this section may not be inconsistent with this
chapter. 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 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. 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, an
individual may not vote at a district convention if the individual does
not 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, 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. 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 certify
the results of the election under section 21 of this chapter to the
commission 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 of
agriculture 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.
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 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. 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 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. 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 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. 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 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. 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 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. 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 board
approved 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 an
election under this chapter, the organization must apply to the
director 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, 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. 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 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. 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 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. As added by P.L.2-2008, SEC.4.
IC 15-13-5-13 Certification 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. 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 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). 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 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. 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 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. 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 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. 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 of
agriculture shall adopt rules for the business of a district convention.
Rules adopted under this section may not be inconsistent with this
chapter. 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 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. 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, an
individual may not vote at a district convention if the individual does
not 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, 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. 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 certify
the results of the election under section 21 of this chapter to the
commission 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 of
agriculture 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.
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 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. 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 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. 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 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. 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 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. 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 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. 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 board
approved 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 an
election under this chapter, the organization must apply to the
director 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, 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. 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 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. 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 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. As added by P.L.2-2008, SEC.4.
IC 15-13-5-13 Certification 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. 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 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). 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 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. 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 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. 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 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. 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 of
agriculture shall adopt rules for the business of a district convention.
Rules adopted under this section may not be inconsistent with this
chapter. 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 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. 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, an
individual may not vote at a district convention if the individual does
not 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, 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. 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 certify
the results of the election under section 21 of this chapter to the
commission 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 of
agriculture 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.
