CHAPTER 10. TOBACCO FARMERS AND RURAL COMMUNITY IMPACT FUND

IC 15-11-10
     Chapter 10. Tobacco Farmers and Rural Community Impact Fund

IC 15-11-10-1
"Advisory board"
    
Sec. 1. As used in this chapter, "advisory board" refers to the tobacco farmers and rural community impact fund advisory board established by section 5 of this chapter.
As added by P.L.2-2008, SEC.2.

IC 15-11-10-2
"Fund"
    
Sec. 2. As used in this chapter, "fund" refers to the tobacco farmers and rural community impact fund established by section 3 of this chapter.
As added by P.L.2-2008, SEC.2.

IC 15-11-10-3
Tobacco farmers and rural community impact fund
    
Sec. 3. (a) The tobacco farmers and rural community impact fund is established. The fund shall be administered by the director. The fund consists of:
        (1) amounts, if any, that another statute requires to be distributed to the fund from the Indiana tobacco master settlement 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 from money in the fund.
    (c) Notwithstanding IC 5-13, the treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as money is invested by the public employees retirement fund under IC 5-10.3-5. The treasurer of state may contract with investment management professionals, investment advisers, and legal counsel to assist in the management of the fund and may pay the state expenses incurred under those contracts.
    (d) Money in the fund at the end of the state fiscal year does not revert to the state general fund and remains available for expenditure.
As added by P.L.2-2008, SEC.2.

IC 15-11-10-4
Purposes of the fund
    
Sec. 4. (a) Subject to subsection (b), money in the fund shall be used for the following purposes:
        (1) Agricultural grant and loan programs to assist cooperative arrangements consisting of tobacco quota owners and tobacco growers working together to change from tobacco production to other agricultural enterprises and to assist individual tobacco

quota owners and tobacco growers who are in the process of changing to other agricultural enterprises.
        (2) Value added cooperatives, incubators, and other enterprises or facilities established to assist tobacco quota owners and tobacco growers to capture additional revenues from non-tobacco agricultural commodities.
        (3) Agricultural mentoring programs, entrepreneurial leadership development, and tuition and scholarships to assist displaced tobacco growers in acquiring new training and employment skills.
        (4) Academic research to identify new transitional crop enterprises to replace tobacco production.
        (5) Market facility development for marketing current and new crop enterprises.
        (6) Administrative and planning services for local communities and economic development entities that suffer a negative impact from the loss of tobacco production.
        (7) Establishment and operation of a regional economic development consortium to address common problems faced by local communities that suffer a negative impact from the loss of tobacco production.
    (b) Expenditures from the fund are subject to appropriation by the general assembly and approval by the director. The director may not approve an expenditure from the fund unless that expenditure has been recommended by the advisory board.
As added by P.L.2-2008, SEC.2.

IC 15-11-10-5
Tobacco farmers and rural community impact fund advisory board; members
    
Sec. 5. (a) The tobacco farmers and rural community impact fund advisory board is established. The advisory board shall meet at least quarterly and at the call of the director to make recommendations concerning expenditures of money from the fund.
    (b) The advisory board consists of the following:
        (1) The director, who is an ex officio member and serves as chairperson of the advisory board.
        (2) Two (2) members of the senate, who may not be members of the same political party, appointed by the president pro tempore of the senate.
        (3) Two (2) members of the house of representatives, who may not be members of the same political party, appointed by the speaker of the house of representatives.
        (4) The following appointees by the governor who represent the following organizations or interests:
            (A) Two (2) tobacco growers.
            (B) One (1) tobacco quota owner.
            (C) Two (2) persons with knowledge and experience in state and regional economic development needs.
            (D) One (1) person representing small towns or rural

communities.
            (E) One (1) person representing the Southern Indiana Rural Development Project.
            (F) One (1) person representing agricultural programs at universities located in Indiana.
The members of the advisory board listed in subdivisions (1) through (3) are nonvoting members. The members of the advisory board listed in subdivision (4) are voting members.
As added by P.L.2-2008, SEC.2.

IC 15-11-10-6
Members; terms; vacancy
    
Sec. 6. (a) The term of office of a legislative member of the advisory board is four (4) years. However, a legislative member of the advisory board ceases to be a member of the advisory board if the member:
        (1) is no longer a member of the legislative chamber from which the member was appointed; or
        (2) is removed from the advisory board under subsection (b).
    (b) A legislative member of the advisory board may be removed at any time by the appointing authority who appointed the legislative member.
    (c) The term of office of a member of the advisory board appointed under section 5(b)(4) of this chapter is four (4) years. However, the member serves at the pleasure of the governor and may be removed for any reason.
    (d) If a vacancy exists on the advisory board with respect to a legislative member or the members appointed under section 5(b)(4) of this chapter, the appointing authority who appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy for the balance of the unexpired term.
As added by P.L.2-2008, SEC.2.

IC 15-11-10-7
Quorum
    
Sec. 7. Five (5) voting members of the advisory board constitute a quorum for the transaction of business at a meeting of the advisory board. The affirmative vote of at least five (5) voting members of the advisory board is necessary for the advisory board to take action.
As added by P.L.2-2008, SEC.2.

IC 15-11-10-8
Per diem and travel expenses
    
Sec. 8. (a) Each member of the advisory board who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 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) Each member of the advisory board who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 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) Each member of the advisory board who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
    (d) Payments authorized for members of the advisory board under subsections (a) through (b) are payable from the tobacco farmers and rural community impact fund.
As added by P.L.2-2008, SEC.2.