Indiana 2025 Regular Session

Indiana Senate Bill SB0202 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 202
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-4; IC 5-28-6-2; IC 15-11; IC 15-15-12-21;
7	7	IC 26-3-7-2; IC 36-9-27.2-5.
8	8	Synopsis: The department of agriculture. Provides that the department
9	9	of agriculture (department) is established as an executive agency.
10	10	Provides that the lieutenant governor serves as the secretary of rural
11	11	development. Provides that the lieutenant governor is not the secretary
12	12	of agriculture and rural development. Removes the requirement that the
13	13	lieutenant governor is responsible for the implementation of the
14	14	department. Provides that the governor shall appoint the members of
15	15	certain boards. Provides that the director of the department or the
16	16	director's designee serves as an ex officio member of the corn
17	17	marketing council.
18	18	Effective: July 1, 2025.
19	19	Buck, Glick
20	20	January 8, 2025, read first time and referred to Committee on Rules and Legislative
21	21	Procedure.
22	22	2025 IN 202—LS 6750/DI 107 Introduced
23	23	First Regular Session of the 124th General Assembly (2025)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2024 Regular Session of the General Assembly.
33	33	SENATE BILL No. 202
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	agriculture and animals.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 4-4-2.3-1, AS ADDED BY P.L.83-2005, SECTION
38	38	2 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
39	39	3 2025]: Sec. 1. The lieutenant governor serves as secretary of
40	40	4 agriculture and rural development by virtue of office.
41	41	5 SECTION 2. IC 4-4-2.3-2, AS AMENDED BY P.L.2-2008,
42	42	6 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43	43	7 JULY 1, 2025]: Sec. 2. The secretary lieutenant governor is
44	44	8 responsible for implementation of the following:
45	45	9 (1) IC 4-4-9.7.
46	46	10 (2) IC 15-11.
47	47	11 SECTION 3. IC 4-4-9.7-3, AS ADDED BY P.L.83-2005, SECTION
48	48	12 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
49	49	13 2025]: Sec. 3. As used in this chapter, "secretary" refers to the
50	50	14 lieutenant governor as secretary of agriculture and rural development,
51	51	15 as provided in IC 4-4-2.3.
52	52	16 SECTION 4. IC 4-4-16-2, AS AMENDED BY P.L.83-2005,
53	53	17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54	54	2025 IN 202—LS 6750/DI 107 2
55	55	1 JULY 1, 2025]: Sec. 2. (a) The Indiana main street council is
56	56	2 established. The council consists of:
57	57	3 (1) the secretary of agriculture and rural development or a person
58	58	4 designated by the secretary, who shall serve as chairman; and
59	59	5 (2) at least seven (7) but not more than ten (10) persons appointed
60	60	6 by the secretary, who represent organizations concerned with the
61	61	7 purposes of the program established by this chapter and who
62	62	8 represent all geographic regions of the state.
63	63	9 (b) Members appointed to the council by the secretary shall serve
64	64	10 for a term of three (3) years, beginning on July 1 after their
65	65	11 appointment. However, a member appointed to fill a vacancy on the
66	66	12 council shall serve for the remainder of the unexpired term.
67	67	13 (c) The council shall:
68	68	14 (1) develop and direct policy;
69	69	15 (2) coordinate administrative techniques; and
70	70	16 (3) provide assistance;
71	71	17 to carry out the purposes of the Indiana main street program.
72	72	18 (d) Each member of the council who is not a state employee is
73	73	19 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
74	74	20 Each member is entitled to reimbursement for traveling expenses and
75	75	21 other expenses actually incurred in connection with the member's
76	76	22 duties, as provided in the state travel policies and procedures
77	77	23 established by the department of administration and approved by the
78	78	24 state budget agency.
79	79	25 SECTION 5. IC 5-28-6-2, AS AMENDED BY P.L.197-2021,
80	80	26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
81	81	27 JULY 1, 2025]: Sec. 2. (a) The corporation shall develop and promote
82	82	28 programs designed to make the best use of Indiana resources to ensure
83	83	29 a balanced economy and continuing economic growth for Indiana, and,
84	84	30 for those purposes, may do the following:
85	85	31 (1) Cooperate with federal, state, and local governments and
86	86	32 agencies in the coordination of programs to make the best use of
87	87	33 Indiana resources, based on a statewide study to determine
88	88	34 specific economic sectors that should be emphasized by the state
89	89	35 and by local economic development organizations within
90	90	36 geographic regions in Indiana, and encourage collaboration with
91	91	37 local economic development organizations within geographic
92	92	38 regions in Indiana and with the various state economic
93	93	39 development organizations within the states contiguous to
94	94	40 Indiana.
95	95	41 (2) Receive and expend funds, grants, gifts, and contributions of
96	96	42 money, property, labor, interest accrued from loans made by the
97	97	2025 IN 202—LS 6750/DI 107 3
98	98	1 corporation, and other things of value from public and private
99	99	2 sources, including grants from agencies and instrumentalities of
100	100	3 the state and the federal government. The corporation:
101	101	4 (A) may accept federal grants for providing planning
102	102	5 assistance, making grants, or providing other services or
103	103	6 functions necessary to political subdivisions, planning
104	104	7 commissions, or other public or private organizations;
105	105	8 (B) shall administer these grants in accordance with the terms
106	106	9 of the grants; and
107	107	10 (C) may contract with political subdivisions, planning
108	108	11 commissions, or other public or private organizations to carry
109	109	12 out the purposes for which the grants were made.
110	110	13 (3) Direct that assistance, information, and advice regarding the
111	111	14 duties and functions of the corporation be given to the corporation
112	112	15 by an officer, agent, or employee of the executive branch of the
113	113	16 state. The head of any other state department or agency may
114	114	17 assign one (1) or more of the department's or agency's employees
115	115	18 to the corporation on a temporary basis or may direct a division
116	116	19 or an agency under the department's or agency's supervision and
117	117	20 control to make a special study or survey requested by the
118	118	21 corporation.
119	119	22 (b) The corporation shall perform the following duties:
120	120	23 (1) Develop and implement industrial development programs to
121	121	24 encourage expansion of existing industrial, commercial, and
122	122	25 business facilities in Indiana and to encourage new industrial,
123	123	26 commercial, and business locations in Indiana.
124	124	27 (2) Assist businesses and industries in acquiring, improving, and
125	125	28 developing overseas markets and encourage international plant
126	126	29 locations in Indiana. The corporation, with the approval of the
127	127	30 governor, may establish foreign offices to assist in this function.
128	128	31 (3) Promote the growth of minority business enterprises by doing
129	129	32 the following:
130	130	33 (A) Mobilizing and coordinating the activities, resources, and
131	131	34 efforts of governmental and private agencies, businesses, trade
132	132	35 associations, institutions, and individuals.
133	133	36 (B) Assisting minority businesses in obtaining governmental
134	134	37 or commercial financing for expansion or establishment of
135	135	38 new businesses or individual development projects.
136	136	39 (C) Aiding minority businesses in procuring contracts from
137	137	40 governmental or private sources, or both.
138	138	41 (D) Providing technical, managerial, and counseling assistance
139	139	42 to minority business enterprises.
140	140	2025 IN 202—LS 6750/DI 107 4
141	141	1 (4) Assist the office of the lieutenant governor in:
142	142	2 (A) community economic development planning;
143	143	3 (B) implementation of programs designed to further
144	144	4 community economic development; and
145	145	5 (C) the development and promotion of Indiana's tourist
146	146	6 resources.
147	147	7 (5) Assist the secretary of agriculture and rural development
148	148	8 director of the Indiana state department of agriculture in
149	149	9 promoting and marketing of Indiana's agricultural products and
150	150	10 provide other assistance to the director of the Indiana state
151	151	11 department of agriculture.
152	152	12 (6) With the approval of the governor, implement federal
153	153	13 programs delegated to the state to carry out the purposes of this
154	154	14 article.
155	155	15 (7) Promote the growth of small businesses by doing the
156	156	16 following:
157	157	17 (A) Assisting small businesses in obtaining and preparing the
158	158	18 permits required to conduct business in Indiana.
159	159	19 (B) Serving as a liaison between small businesses and state
160	160	20 agencies.
161	161	21 (C) Providing information concerning business assistance
162	162	22 programs available through government agencies and private
163	163	23 sources.
164	164	24 (8) Establish a transparency portal on its current Internet site on
165	165	25 the world wide web. The page must provide the following:
166	166	26 (A) By program, cumulative information on the total amount
167	167	27 of incentives awarded, the total number of companies that
168	168	28 received the incentives and were assisted in a year, and the
169	169	29 names and addresses of those companies.
170	170	30 (B) A mechanism on the page whereby the public may request
171	171	31 further information online about specific programs or
172	172	32 incentives awarded.
173	173	33 (C) A mechanism for the public to receive an electronic
174	174	34 response.
175	175	35 (D) Access to the following:
176	176	36 (i) Any information or report that is required by statute to be
177	177	37 included in the economic incentives and compliance report
178	178	38 submitted under IC 5-28-28.
179	179	39 (ii) Final offer of public financial resources to which the
180	180	40 corporation is a party.
181	181	41 (iii) Reports that the corporation submitted to the general
182	182	42 assembly.
183	183	2025 IN 202—LS 6750/DI 107 5
184	184	1 (c) The corporation may do the following:
185	185	2 (1) Disseminate information concerning the industrial,
186	186	3 commercial, governmental, educational, cultural, recreational,
187	187	4 agricultural, and other advantages of Indiana.
188	188	5 (2) Plan, direct, and conduct research activities.
189	189	6 (3) Assist in community economic development planning and the
190	190	7 implementation of programs designed to further community
191	191	8 economic development.
192	192	9 SECTION 6. IC 15-11-1-5 IS REPEALED [EFFECTIVE JULY 1,
193	193	10 2025]. Sec. 5. "Secretary" refers to the lieutenant governor as secretary
194	194	11 of agriculture and rural development as provided in IC 4-4-2.3.
195	195	12 SECTION 7. IC 15-11-2-1, AS AMENDED BY P.L.120-2008,
196	196	13 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
197	197	14 JULY 1, 2025]: Sec. 1. The Indiana state department of agriculture is
198	198	15 established as an executive branch agency.
199	199	16 SECTION 8. IC 15-11-3-2, AS ADDED BY P.L.2-2008, SECTION
200	200	17 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
201	201	18 2025]: Sec. 2. The director:
202	202	19 (1) serves at the governor's pleasure;
203	203	20 (2) is entitled to receive compensation in an amount set by the
204	204	21 governor; and
205	205	22 (3) is responsible to the secretary. governor.
206	206	23 SECTION 9. IC 15-11-4-3, AS AMENDED BY P.L.95-2016,
207	207	24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
208	208	25 JULY 1, 2025]: Sec. 3. (a) The division shall do the following:
209	209	26 (1) Provide administrative and staff support for the soil
210	210	27 conservation board.
211	211	28 (2) Administer all programs relating to land and soil conservation
212	212	29 in Indiana.
213	213	30 (3) Manage Indiana's watersheds.
214	214	31 (4) Administer the clean water Indiana program.
215	215	32 (5) Perform other functions assigned by the secretary or the
216	216	33 director.
217	217	34 (b) The duties of the division do not include administering the Lake
218	218	35 Michigan Coastal program. The Lake Michigan Coastal program shall
219	219	36 administer the state's compliance with and provide assistance under the
220	220	37 federal Coastal Zone Management Act (16 U.S.C. 1451 et seq.).
221	221	38 SECTION 10. IC 15-11-12-4, AS ADDED BY P.L.173-2014,
222	222	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
223	223	40 JULY 1, 2025]: Sec. 4. (a) The commission consists of the following
224	224	41 members:
225	225	42 (1) The director or the director's designee, as an ex officio
226	226	2025 IN 202—LS 6750/DI 107 6
227	227	1 member, who serves as chairperson of the commission.
228	228	2 (2) Two (2) members who represent an organization or
229	229	3 association that represents the agriculture industry and growers of
230	230	4 Indiana produced agricultural products, with one (1) of the
231	231	5 members representing the state's largest general farming
232	232	6 organization.
233	233	7 (3) Two (2) members who represent an organization or
234	234	8 association that represents restaurants that sell Indiana produced
235	235	9 agricultural products.
236	236	10 (4) Two (2) members who represent an organization or
237	237	11 association that represents retailers that sell Indiana produced
238	238	12 agricultural products.
239	239	13 (5) Two (2) members who represent farmers' markets that sell
240	240	14 Indiana produced agricultural products. The members may not be
241	241	15 producers of agricultural products.
242	242	16 (6) Two (2) members who have expertise in marketing,
243	243	17 promotions, or agritourism.
244	244	18 (7) The dean of the college of agriculture of Purdue University or
245	245	19 the dean's designee, as an ex officio member.
246	246	20 The secretary governor shall appoint the members under subdivisions
247	247	21 (2) through (6).
248	248	22 (b) The term of a member appointed under subsection (a)(2) through
249	249	23 (a)(6) is three (3) years. The secretary governor may stagger the initial
250	250	24 terms of the members under this subsection.
251	251	25 SECTION 11. IC 15-15-12-21, AS AMENDED BY P.L.42-2024,
252	252	26 SECTION 125, IS AMENDED TO READ AS FOLLOWS
253	253	27 [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) One (1) council member
254	254	28 shall be elected from each of the following districts:
255	255	29 DISTRICT 1. The counties of Lake, Newton, Jasper, Benton,
256	256	30 Porter, LaPorte, Starke, White, and Pulaski.
257	257	31 DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall,
258	258	32 Kosciusko, Fulton, Carroll, Cass, Miami, and Wabash.
259	259	33 DISTRICT 3. The counties of LaGrange, Steuben, Noble,
260	260	34 DeKalb, Whitley, Allen, Huntington, Wells, and Adams.
261	261	35 DISTRICT 4. The counties of Montgomery, Fountain, Warren,
262	262	36 Tippecanoe, Vermillion, Parke, Putnam, Vigo, Clay, and Owen.
263	263	37 DISTRICT 5. The counties of Clinton, Boone, Tipton, Howard,
264	264	38 Grant, Hamilton, Madison, Hendricks, Marion, Hancock, Morgan,
265	265	39 Johnson, Shelby, Rush, Bartholomew, and Decatur.
266	266	40 DISTRICT 6. The counties of Blackford, Jay, Delaware, Henry,
267	267	41 Randolph, Wayne, Fayette, and Union.
268	268	42 DISTRICT 7. The counties of Sullivan, Greene, Knox, Daviess,
269	269	2025 IN 202—LS 6750/DI 107 7
270	270	1 Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, and
271	271	2 Spencer.
272	272	3 DISTRICT 8. The counties of Monroe, Brown, Lawrence,
273	273	4 Jackson, Orange, Washington, Perry, Crawford, Harrison, and
274	274	5 Floyd.
275	275	6 DISTRICT 9. The counties of Franklin, Jennings, Jefferson,
276	276	7 Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott.
277	277	8 (b) Six (6) council members shall be elected to represent all
278	278	9 counties in Indiana.
279	279	10 (c) The dean of agriculture shall appoint one (1) representative of
280	280	11 the largest general farm organization in Indiana to serve as a member
281	281	12 of the council.
282	282	13 (d) The dean of agriculture shall appoint one (1) representative of
283	283	14 the second largest general farm organization in Indiana to serve as a
284	284	15 member of the council.
285	285	16 (e) The director shall appoint two (2) representatives of first
286	286	17 purchaser organizations to serve as nonvoting members of the council.
287	287	18 (f) Four (4) members serve on the council, to be appointed as
288	288	19 nonvoting members as follows:
289	289	20 (1) One (1) member appointed by the president pro tempore of the
290	290	21 senate.
291	291	22 (2) One (1) member appointed by the minority leader of the
292	292	23 senate.
293	293	24 (3) One (1) member appointed by the speaker of the house of
294	294	25 representatives.
295	295	26 (4) One (1) member appointed by the minority leader of the house
296	296	27 of representatives.
297	297	28 The members appointed under this subsection are ex officio members
298	298	29 of the council. The members of the senate must be of different political
299	299	30 parties. The members of the house of representatives must be of
300	300	31 different political parties. Each member of the council who is a
301	301	32 member of the general assembly is entitled to receive the same per
302	302	33 diem, mileage, and travel allowances paid to legislative members of
303	303	34 interim study committees established by the legislative council. Per
304	304	35 diem, mileage, and travel allowances paid under this subsection shall
305	305	36 be paid from appropriations made to the legislative council or the
306	306	37 legislative services agency.
307	307	38 (g) The dean of agriculture or the dean's designee shall serve as an
308	308	39 ex officio, nonvoting member of the council.
309	309	40 (h) The secretary of agriculture director or the secretary's
310	310	41 director's designee shall serve as an ex officio, nonvoting member of
311	311	42 the council.
312	312	2025 IN 202—LS 6750/DI 107 8
313	313	1 SECTION 12. IC 26-3-7-2, AS AMENDED BY P.L.208-2021,
314	314	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
315	315	3 JULY 1, 2025]: Sec. 2. The following definitions apply throughout this
316	316	4 chapter:
317	317	5 (1) "Agency" refers to the Indiana grain buyers and warehouse
318	318	6 licensing agency established under section 1 of this chapter.
319	319	7 (2) "Anniversary date" means the date that is ninety (90) calendar
320	320	8 days after the fiscal year end of a business licensed under this
321	321	9 chapter.
322	322	10 (3) "Bin" means a bin, tank, interstice, or other container in a
323	323	11 warehouse in which bulk grain may be stored.
324	324	12 (4) "Board" means the governing body of the Indiana grain
325	325	13 indemnity corporation created by IC 26-4-3-2.
326	326	14 (5) "Buyer-warehouse" means a person that operates both as a
327	327	15 warehouse licensed under this chapter and as a grain buyer.
328	328	16 (6) "Claimant" means a person to whom a licensee owes a storage
329	329	17 or financial obligation under this chapter for grain that has been
330	330	18 delivered to the licensee for sale or for storage under a bailment.
331	331	19 (7) "Crop year" means the period from one (1) year's harvest to
332	332	20 the next year for a specified field crop as follows:
333	333	21 (A) Barley and barley seed from June 1 to May 31.
334	334	22 (B) Canola and canola seed from July 1 to June 30.
335	335	23 (C) Corn and corn seed from September 1 to August 31.
336	336	24 (D) Lentils and lentil seed from July 1 to June 30.
337	337	25 (E) Oats and oat seed from June 1 to May 31.
338	338	26 (F) Popcorn and popcorn seed from September 1 to August 31.
339	339	27 (G) Rye and rye seed from June 1 to May 31.
340	340	28 (H) Sorghum and sorghum seed from September 1 to August
341	341	29 31.
342	342	30 (I) Soybeans and soybean seed from September 1 to August
343	343	31 31.
344	344	32 (J) Sunflower and sunflower seed from September 1 to August
345	345	33 31.
346	346	34 (K) Wheat and wheat seed from June 1 to May 31.
347	347	35 (L) All other field crops and other field crop seed from
348	348	36 September 1 to August 31.
349	349	37 (8) "Daily position record" means a written or electronic
350	350	38 document that is maintained on a daily basis for each grain
351	351	39 commodity, contains a record of the total amount of grain in
352	352	40 inventory for that business day, and complies with any
353	353	41 requirements established by the director.
354	354	42 (9) "Deferred pricing" or "price later" means a purchase by a
355	355	2025 IN 202—LS 6750/DI 107 9
356	356	1 buyer in which title to the grain passes to the buyer and the price
357	357	2 to be paid to the seller is not determined:
358	358	3 (A) at the time the grain is received by the buyer; or
359	359	4 (B) less than twenty-one (21) days after delivery.
360	360	5 (10) "Delayed payment" means a purchase by a buyer in which
361	361	6 title to the grain passes to the buyer at a determined price and
362	362	7 payment to the seller is not made in less than twenty-one (21)
363	363	8 days after delivery.
364	364	9 (11) "Depositor" means any of the following:
365	365	10 (A) A person that delivers grain to a licensee under this
366	366	11 chapter for storage or sale.
367	367	12 (B) A person that:
368	368	13 (i) owns or is the legal holder of a ticket or receipt issued by
369	369	14 a licensee for grain received by the licensee; and
370	370	15 (ii) is the creditor of the issuing licensee for the value of the
371	371	16 grain received in return for the ticket or receipt.
372	372	17 (C) A licensee that stores grain that the licensee owns solely,
373	373	18 jointly, or in common with others in a warehouse owned or
374	374	19 controlled by the licensee or another licensee.
375	375	20 (12) "Designated representative" means the person or persons
376	376	21 designated by the director to act instead of the director in assisting
377	377	22 in the administration of this chapter.
378	378	23 (13) "Director" means the director of the Indiana grain buyers and
379	379	24 warehouse licensing agency appointed under section 1 of this
380	380	25 chapter.
381	381	26 (14) "Facility" means a permanent business location or one (1) of
382	382	27 several permanent business locations in Indiana that are operated
383	383	28 as a warehouse or by a grain buyer.
384	384	29 (15) "Failed" or "failure" means any of the following:
385	385	30 (A) The inability of a licensee to financially satisfy fully all
386	386	31 obligations due to claimants.
387	387	32 (B) Public declaration of a licensee's insolvency.
388	388	33 (C) Revocation of a licensee's license, if the licensee has
389	389	34 outstanding indebtedness owed to claimants.
390	390	35 (D) Nonpayment of a licensee's debts in the ordinary course of
391	391	36 business, if there is not a good faith dispute.
392	392	37 (E) Voluntary surrender of a licensee's license, if the licensee
393	393	38 has outstanding indebtedness to claimants.
394	394	39 (F) Involuntary or voluntary bankruptcy of a licensee.
395	395	40 (16) "Fund" means the Indiana grain indemnity fund established
396	396	41 under IC 26-4-4-1.
397	397	42 (17) "Grain" means corn for all uses, popcorn, wheat, oats, barley,
398	398	2025 IN 202—LS 6750/DI 107 10
399	399	1 rye, sorghum, soybeans, oil seeds, other agricultural commodities
400	400	2 as approved by the agency, and seed as defined in this section.
401	401	3 The term does not include canning crops for processing or sweet
402	402	4 corn.
403	403	5 (18) "Grain assets" means any of the following:
404	404	6 (A) All grain and grain coproducts owned or stored by a
405	405	7 licensee, including the following:
406	406	8 (i) Grain that is in transit following shipment by a licensee.
407	407	9 (ii) Grain that has not been paid for.
408	408	10 (iii) Grain that is stored in unlicensed facilities that are
409	409	11 leased, owned, or occupied by the licensee.
410	410	12 (B) All proceeds, due or to become due, from the sale of a
411	411	13 licensee's grain.
412	412	14 (C) Equity, less any secured financing directly associated with
413	413	15 the equity, in hedging or speculative margin accounts of a
414	414	16 licensee held by a commodity or security exchange, or a dealer
415	415	17 representing a commodity or security exchange, and any
416	416	18 money due the licensee from transactions on the exchange,
417	417	19 less any secured financing directly associated with the money
418	418	20 due the licensee from the transactions on the exchange.
419	419	21 (D) Any other unencumbered funds, property, or equity in
420	420	22 funds or property, wherever located, that can be directly traced
421	421	23 to the sale of grain by a licensee. However, funds, property, or
422	422	24 equity in funds or property may not be considered encumbered
423	423	25 unless:
424	424	26 (i) the encumbrance results from valuable consideration paid
425	425	27 to the licensee in good faith by a secured party; and
426	426	28 (ii) the encumbrance did not result from the licensee posting
427	427	29 the funds, property, or equity in funds or property as
428	428	30 additional collateral for an antecedent debt.
429	429	31 (E) Any other unencumbered funds, property, or equity in
430	430	32 assets of the licensee.
431	431	33 (19) "Grain bank grain" means grain owned by a depositor for use
432	432	34 in the formulation of feed and stored by the warehouse to be
433	433	35 returned to the depositor on demand.
434	434	36 (20) "Grain buyer" means a person who is engaged in the business
435	435	37 of buying grain from producers.
436	436	38 (21) "Grain coproducts" means any milled or processed grain,
437	437	39 including the grain byproduct of ethanol production.
438	438	40 (22) "Grain standards act" means the United States Grain
439	439	41 Standards Act, approved August 11, 1916 (39 Stat. 482; 7 U.S.C.
440	440	42 71-87 as amended).
441	441	2025 IN 202—LS 6750/DI 107 11
442	442	1 (23) "License" means a license issued under this chapter.
443	443	2 (24) "Licensee" means a person who operates a facility that is
444	444	3 licensed under this chapter.
445	445	4 (25) "Official grain standards of the United States" means the
446	446	5 standards of quality or condition for grain, fixed and established
447	447	6 by the secretary Indiana state department of agriculture under
448	448	7 the grain standards act.
449	449	8 (26) "Person" means an individual, partnership, corporation,
450	450	9 association, or other form of business enterprise.
451	451	10 (27) "Receipt" means a warehouse receipt issued by a warehouse
452	452	11 licensed under this chapter.
453	453	12 (28) "Seed", notwithstanding IC 15-15-1, means grain set apart to
454	454	13 be used primarily for the purpose of producing new plants.
455	455	14 (29) "Seed inventory" means seed for commercial sale.
456	456	15 (30) "Suspension" means a temporary halt to the purchase of grain
457	457	16 under section 18(b) of this chapter.
458	458	17 (31) "Ticket" means a scale weight ticket, a load slip, or other
459	459	18 evidence, other than a receipt, given to a depositor upon initial
460	460	19 delivery of grain to a facility.
461	461	20 (32) "Warehouse act" means the United States Warehouse Act,
462	462	21 approved August 11, 1916 (39 Stat. 486; 7 U.S.C. 241-273 as
463	463	22 amended).
464	464	23 (33) "Warehouse" means any building or other protected
465	465	24 enclosure in one (1) general location licensed or required to be
466	466	25 licensed under this chapter in which grain is or may be:
467	467	26 (A) stored for hire;
468	468	27 (B) used for grain bank storage; or
469	469	28 (C) used to store company owned grain;
470	470	29 and the building or other protected enclosure is operated under
471	471	30 one (1) ownership and run from a single office.
472	472	31 (34) "Warehouse operator" means a person that operates a facility
473	473	32 or group of facilities in which grain is or may be stored for hire or
474	474	33 which is used for grain bank storage and which is operated under
475	475	34 one (1) ownership and run from a single office.
476	476	35 SECTION 13. IC 36-9-27.2-5, AS ADDED BY P.L.105-2024,
477	477	36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
478	478	37 JULY 1, 2025]: Sec. 5. (a) The secretary of agriculture and rural
479	479	38 development governor shall appoint an Indiana Drainage Handbook
480	480	39 advisory board to:
481	481	40 (1) advise the contractor and the department on the preparation of
482	482	41 the updated version of the Indiana Drainage Handbook; and
483	483	42 (2) review and comment on:
484	484	2025 IN 202—LS 6750/DI 107 12
485	485	1 (A) the structure of; and
486	486	2 (B) the text of drafts of;
487	487	3 the updated version of the Indiana Drainage Handbook.
488	488	4 (b) The advisory board must include the following:
489	489	5 (1) A representative of the department.
490	490	6 (2) A licensed county surveyor.
491	491	7 (3) A county commissioner.
492	492	8 (4) A representative of a soil and water conservation district.
493	493	9 (5) A licensed engineer.
494	494	10 (6) A representative of the department of natural resources.
495	495	11 (7) A representative of the department of environmental
496	496	12 management.
497	497	13 (8) A farmer from northern Indiana.
498	498	14 (9) A farmer from central Indiana.
499	499	15 (10) A farmer from southern Indiana.
500	500	16 (11) A representative of the construction industry.
501	501	17 (12) A representative of the United States Fish and Wildlife
502	502	18 Service.
503	503	19 (13) A representative of the United States Army Corps of
504	504	20 Engineers.
505	505	21 (14) A representative of the United States Department of
506	506	22 Agriculture's Natural Resources Conservation Service.
507	507	23 (15) An individual focused on environmental stewardship and
508	508	24 sustainability.
509	509	25 (c) The secretary of agriculture and rural development governor
510	510	26 shall appoint one (1) member of the advisory board as chairperson.
511	511	27 (d) A member of the advisory board serves until:
512	512	28 (1) the updated version of the Indiana Drainage Handbook is
513	513	29 published on the website of the department of natural resources
514	514	30 or the department; and
515	515	31 (2) the secretary of agriculture and rural development governor
516	516	32 declares that the work of the advisory board is concluded.
517	517	33 (e) A vacancy on the advisory board shall be filled by appointment
518	518	34 by the secretary of agriculture and rural development. governor.
519	519	2025 IN 202—LS 6750/DI 107