Sec. 38. (a) For the marketing year beginning October 1, 2009, if at least twenty-five percent (25%) of the assessment is refunded during the marketing year, the council shall:
(1) cease collecting the assessment on January 1 of the subsequent year;
(2) maintain a sufficient amount of money to pay any refunds requested by producers; and
(3) request that the legislative council have legislation prepared to repeal the corn market law.
(b) If for the marketing year beginning October 1, 2009, less than twenty-five percent (25%) of the assessments are refunded, the council shall review the refunds for each year beginning with the marketing year beginning October 1, 2010. If refunds exceed twenty-five percent (25%) in two (2) consecutive marketing years, the council shall:
(1) cease collecting the assessment on January 1 of the subsequent year;
(2) maintain a sufficient amount of money to pay any refunds requested by producers; and
(3) request that the legislative council have legislation prepared to repeal the corn market law.
(c) The dean of agriculture and the council shall report to the legislative council the amounts collected and refunded. The report to the legislative council must be in an electronic format under IC 5-14-6.
[Pre-2008 Recodification Citation: 15-4-10-33.]
As added by P.L.2-2008, SEC.6.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 12. Indiana Corn Market Development
15-15-12-1. Application of Chapter
15-15-12-5. "Dean of Agriculture"
15-15-12-10. "Market Development"
15-15-12-20. Appointment of Nonvoting Council Members
15-15-12-21. Election Districts; Qualifications; Appointments; Ex Officio Members
15-15-12-22. Date of Election; Notice
15-15-12-23. Ballots; Petitions; Forms
15-15-12-25. Election Judges; Teller Committee; Traveling Expenses
15-15-12-26. Election; Date and Location
15-15-12-29. Payment of Expenses; Investments; Market Development
15-15-12-31. Liability for Debts and Actions of the Council
15-15-12-32. Assessments; Collection; Handling Fee
15-15-12-34. Information to Be Included in Checkoff Refund Form
15-15-12-36. Failure to Remit Assessments; Hearing; Civil Action; Penalty
15-15-12-37. Restrictions on Use of Assessment
15-15-12-38. Procedures for Termination if Refunds Are Greater Than 25%