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October 18, 2013
Volume 13
Issue 32
PUBLIC POLICY STAFF
FOLLOW US ON TWITTER Do you want to know more about what Indiana Farm Bureau is doing to advance agriculture and rural communities through public policy? Looking for more information on what activity is going on at the Statehouse, in D.C. and within local government? To increase outreach to IFB members, the public policy team has created individual Twitter accounts. To follow the team, go to www.twitter.com to set up an account. You can find the public policy team under the following Twitter handles:
STATE LEGISLATURE
COX SWORN IN TO GENERAL ASSEMBLY Rep. Casey Cox (R-Fort Wayne) was sworn in Oct. 16 to serve House District 85. Cox will fulfill the remaining term of the late Rep. Phyllis Pond, who passed away in September after a battle with pulmonary fibrosis. “I am very humbled to serve Hoosiers in this capacity,” said Cox. “Being given the chance to serve in the state legislature is a very unique opportunity. I look forward to engaging in policy discussions, learning from other legislators and working tirelessly for the people of my district.” He is an attorney with the Beers Mallers Backs & Salin law firm in Fort Wayne. “Rep. Cox is an energetic young leader who will no doubt serve District 85 well. Rep. Pond will certainly be missed. But we welcome Rep. Cox and the expertise he will offer to serve the district and the state of Indiana. I look forward to working with him,” said House Speaker Brian Bosma (R-Indianapolis).
WATER RESOURCE PLANNING CONTINUES A small group of organizations that represent key groups of water users has continued to meet with representatives of the executive branch and the General Assembly to discuss the need for a water resource plan for Indiana. Indiana Farm Bureau and the Indiana Agricultural Law Foundation have committed resources to a study commissioned by the Indiana Chamber of Commerce Foundation. In addition, IFB’s Justin Schneider will testify before the water resources study committee on Oct. 23 about the importance of adequate water resources for agricultural production and processing as well as report on research completed by Farm Bureau on how other states regulate water usage.
PROBATE STUDY COMMISSION MEETS On Oct. 8, the probate code study commission, which is chaired by Sen. Mike Delph, reviewed preliminary drafts proposed by the Indiana State Bar Association. The drafts cover issues relating to contesting trusts, transfer on death affidavit, trust administration and dynasty trusts. During the hearing, the Indiana Department of Revenue testified on its implementation of the repeal of Indiana's death taxes.
ENVIRONMENTAL QUALITY SERVICE COUNCIL MEETS On Oct. 11, the EQSC, chaired by Sen. Charbonneau (R-Valparaiso), met to discuss issues involving utilities and local government. The committee heard testimony regarding use of payments in lieu of annexation and the procedure for establishing sewer/wastewater fees for municipalities that have opted-out of IURC jurisdiction. Representatives from the IURC highlighted differences between utilities regulated by the IURC and those regulated at the local level. Commissioner Tom Easterly gave the IDEM annual report.
FARMERS DISCOURAGED FROM RENOVATING HISTORIC BARNS Indiana trails other states in its efforts to save classic wooden barns, and in an article from the Associated Press, preservation experts say the rural landmarks could soon become a thing of the past. Age and changing farming practices have turned many of the structures into relics that are allowed to collapse or are being dismantled. Rep. Bob Cherry (R-Greenfield) told The Indianapolis Star that some farmers are reluctant to fix their barns because that would increase their taxes. Cherry has tried twice to get a bill passed in the Indiana General Assembly that would exempt historic barns from the property tax rolls, but both efforts failed. More than 664,000 barns built before 1960 were still in use on U.S. farms in 2007.
OTHER STATE NEWS
INVITATION-ONLY EVENTS FOR COUNTY FARM BUREAU POLICY COMMITTEES Check your email for an invitation in the coming weeks. The Indiana Farm Bureau public policy team will be working with county Farm Bureaus to host “Making Policy Work for Hoosier Farmers.” These training sessions are for members of the local, state and national policy action and policy development committees. Members of these committees are encouraged to attend one of the events. For more information, please contact your regional manager or county president.
STATE REVIEWING AIR PERMITS FOR AGRICULTURE To ensure that the state is complying with federal law, the Indiana Department of Environmental Management has started taking a closer look at air emission sources on farms to determine whether they approach levels requiring permitting under the Clean Air Act. Farm Bureau has been working with a consultant to review these issues over the past 18 months and has partnered with other ag commodity organizations to work with IDEM to provide information to farmers about whether they need to seek a permit or can take steps to limit the potential emission of pollutants to stay under the limits for permitting.
APPEAL FILED IN FENCED DEER HUNTING CASE The state plans to appeal a recent ruling by a Harrison County judge in a fenced deer hunting case. Attorney General Greg Zoeller’s office filed notice with the Indiana Court of Appeals. In September, Harrison County Circuit Judge John Evans ruled the Indiana Department of Natural Resources didn’t have the authority to regulate a southern Indiana fenced deer hunting operation. In his ruling, Evans said the deer purchased by the Whitetail Bluff operation were privately owned and not property of the state.
FEDERAL NEWS
CONGRESS APPROVES BILL TO END SHUTDOWN, AVOID DEBT DEFAULT Congress approved legislation (H.R. 2775) late on Oct. 16 that would end the federal government shutdown and avert a U.S. debt default. The House voted 285-144 to end the 16-day stalemate. In support were 198 Democrats and 87 Republicans. In opposition were 144 Republicans and no Democrats. The House vote came after the Senate approved the same legislation on an 81-18 vote, with only Republicans voting against.
The legislation extends the government's borrowing authority and re-opens the doors for workers of federal departments such as the USDA and EPA. It is not clear when workers will return to their posts. Senate Majority Leader Harry Reid (D-Nev.) and Senate Minority Leader Mitch McConnell (R-Ky.) said a bipartisan group of 14 senators – seven Republicans, six Democrats and one Independent – helped reach the long-awaited agreement.
The legislation funds government agencies through Jan. 15 at fiscal year 2013 levels. The bill averts a debt default through Feb. 7. Further, the bill creates a conference committee, led by Senate Budget Committee Chairwoman Patty Murray (D-Wash.) and House Budget Committee Chairman Paul Ryan (R-Wis.), to create a negotiated budget resolution in December. Read more at AgriPulse.
HOUSE VOTES TO SEND FARM BILL TO CONFERENCE WITH SENATE, NAMES CONFEREES The House approved a motion on Oct. 11 by voice vote to head to conference with the Senate to resolve differences between the chambers' farm bills. In addition, the House approved a non-binding resolution instructing conferees to limit premium crop insurance subsidies to farmers earning more than an adjusted gross income of $750,000 annually.
Shortly after the successful motion, House leadership formally announced their conferees. Committee Chairman Frank Lucas (R-Okla.) said that after years of work on a new farm bill, he was “overjoyed at being on the verge of sitting down with the other chamber.” Senate Agriculture, Nutrition & Forestry Chairwoman Debbie Stabenow (D-Mich.) applauded the House action. “Senators worked across the aisle to overwhelmingly pass bipartisan farm bills the last two years in a row,” Stabenow said. “If that same bipartisanship endures in the conference committee, we will cut tens of billions of dollars in unnecessary spending, make major reforms to improve crop insurance and strengthen other risk management tools, streamline and strengthen conservation and nutrition programs, and create jobs by investing in rural America.”
The resolution on crop insurance (H.R. 379) was offered by House Budget Committee Chairman Paul Ryan (R-Wis.), who called it reasonable to reduce premium subsidies by about 15 percent for farmers and agri-business companies earning more than $750,000 in annual adjusted gross income. Lucas opposed the resolution, saying, “We need to encourage participation in crop insurance and increase premiums into the insurance pool.”
More than 20 groups, including the American Farm Bureau Federation, wrote a letter today to the House urging lawmakers to oppose Ryan's resolution. “In the spirit of compromise and in the interest of completing a 2013 farm bill this year, each of the groups has committed to not support amendments that might weaken the crop insurance program or conservation compliance,” the letter said. “A meaningful farm and natural resource safety net as provided by crop insurance and conservation compliance must be available to all producers across the nation. (Source: AgriPulse)
TENS OF THOUSANDS OF CATTLE KILLED IN SOUTH DAKOTA BLIZZARD Tens of thousands of cattle lie dead across South Dakota following a blizzard that could become one of the most costly in the history of the state’s agriculture industry. As state officials spent the day calculating the multi-million dollar impact to the regional economy from the October storm, ranchers began digging up hundreds of cattle that are still buried beneath feet of snow.
Martha Wierzbicki, emergency management director for Butte County, said the trail of carcasses was a gruesome sight across the region. “They’re in the fence line, laying alongside the roads,” she said. “It’s really sickening.” Silvia Christen, executive director of the South Dakota Stockgrowers Association, said most ranchers she had spoken to were reporting that 20 to 50 percent of their herds had been killed. Read more Rapid City Journal.
RELIEF FUND ESTABLISHED TO HELP SOUTH DAKOTA RANCHERS WHO LOST LIVESTOCK TO THE BLIZZARD The South Dakota Rancher Relief Fund was established on Oct. 8 by the South Dakota Cattlemen's Association, the South Dakota Stockgrowers Association, and the South Dakota Sheep Growers Association. The fund is held at the Black Hills Area Community Foundation to provide support and relief assistance to those in agriculture impacted by the blizzard of Oct. 4-7. The fund will be administered by these three associations for the direct benefit of the livestock producers impacted by this devastating blizzard. Read a Rapid City Journal article detailing the devastation from the blizzard. Tens of thousands of head of livestock have been lost, which will devastate western South Dakota ranch families.
To donate to the Rancher Relief Fund, visit www.giveblackhills.org and search “Rancher Relief Fund.” Donors can also mail checks to Black Hills Community Area Foundation at P.O. Box 231, Rapid City, S.D. 57709. Make checks payable to "Rancher Relief Fund."
AFFORDABLE CARE ACT On Oct. 1, the Affordable Care Act (commonly known as “Obamacare”) public insurance exchanges were unveiled and began accepting applicants. The Affordable Care Act does not require businesses to provide health benefits to their workers, but larger employers face penalties if they don’t make affordable coverage available. Enforcement of those penalties will begin in 2015, a year later than originally scheduled. Larger employers with more than 50 full-time employees (“FTEs”) who do not offer coverage face a penalty of $2,000 per FTE (excluding the first 30 FTEs) if at least one FTE receives a government subsidy to buy coverage on the exchange.
What exactly does this mean for small businesses and farmers?
The ACA DOES NOT apply to:
- Those that do not employ any full-time (30 hours per week) year-round workers.
- Those that do not have 50 or more employees in any month during the year.
- Those that have more than 50 employees a month, but only for 4 months (120 days) or less out of the year and employees number 50 and above perform seasonal work.
For example: A farm has 49 full-time employees from January to the beginning of September and hires 15 seasonal workers for the harvest. Those seasonal workers will not count against the business as long as they are not kept on for more than four months.
While the ACA does not require small businesses with fewer than 50 employees to provide employees with insurance, it does require that they provide a written notice to employees about the availability of the public healthcare exchanges.
Beginning Oct. 1, 2013, employers are required to furnish all current employees and newly hired employees at the time of hire for the duration of 2013 a notice to satisfy Health Benefits Exchange notice requirements under the Affordable Care Act. As of Jan. 1, 2014, new employees must be furnished with the notice within two weeks of beginning employment. For more information on the notice requirement, including guidelines and examples, visit www.ifbstayinformed.org or click here.
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