CHAPTER 19. PUBLIC HIGHWAY PRIVATE ENTERPRISE REVIEW BOARD

IC 4-3-19
    Chapter 19. Public Highway Private Enterprise Review Board

IC 4-3-19-1
"Board" defined
    Sec. 1. As used in this chapter, "board" refers to the publichighway private enterprise review board established by section 5 ofthis chapter.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-2
"Department" defined
    Sec. 2. As used in this chapter, "department" means:
        (1) the Indiana department of transportation established underIC 8-23-2-1; or
        (2) a public highway department that is:
            (A) under the political control of a unit (as defined inIC 36-1-2-23); and
            (B) involved in the construction, maintenance, or repair ofa public highway (as defined in IC 9-25-2-4).
As added by P.L.12-1991, SEC.1.

IC 4-3-19-3
"Person" defined
    Sec. 3. As used in this chapter, "person" means an individual, acorporation, a limited liability company, a partnership, or other legalentity.
As added by P.L.12-1991, SEC.1. Amended by P.L.8-1993, SEC.11.

IC 4-3-19-4
"Public highway" defined
    Sec. 4. As used in this chapter, "public highway" has the meaningset forth in IC 9-25-2-4.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-5
Establishment of board
    Sec. 5. The public highway private enterprise review board isestablished.
As added by P.L.12-1991, SEC.1. Amended by P.L.1-1994, SEC.8.

IC 4-3-19-6
Membership; appointment
    Sec. 6. The board consists of fifteen (15) members as follows:
        (1) Eleven (11) voting members appointed by the governor.
        (2) Two (2) advisory members appointed by the speaker of thehouse of representatives.
        (3) Two (2) advisory members appointed by the president protempore of the senate.
As added by P.L.12-1991, SEC.1.
IC 4-3-19-7
Appointment of voting members; conditions
    Sec. 7. The members appointed by the governor must include atleast the following:
        (1) Two (2) representatives of small business.
        (2) One (1) representative of the Indiana State Building TradesCouncil.
        (3) One (1) representative from the Indiana State AFL-CIO.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-8
Appointment of voting members; political affiliation
    Sec. 8. Not more than six (6) of the board members appointed bythe governor may be members of the same political party.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-9
Appointment of advisory members by speaker; conditions
    Sec. 9. The members appointed by the speaker of the house ofrepresentatives:
        (1) must be members of the house of representatives whenappointed; and
        (2) may not be members of the same political party.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-10
Appointment of advisory members by president pro tempore;conditions
    Sec. 10. The members appointed by the president pro tempore ofthe senate:
        (1) must be members of the senate when appointed; and
        (2) may not be members of the same political party.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-11
Voting members; term
    Sec. 11. A member appointed by the governor serves a term offour (4) years.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-12
Advisory members; term
    Sec. 12. The term of an advisory member expires on the date ofthe next general election following the appointment.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-13
Voting members; vacancies
    Sec. 13. A member appointed by the governor vacates themember's seat on the board if the member becomes a member of the

general assembly.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-14
Advisory members; vacancies
    Sec. 14. A member described under section 9 or 10 of this chaptervacates the member's seat on the board whenever the member ceasesto be a member of the chamber of the general assembly that themember represented when the member was appointed.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-15
Appointments to vacancies
    Sec. 15. The appointing authority shall fill a vacancy on the boardfor the unexpired term.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-16
Compensation; expense reimbursements
    Sec. 16. Each member of the board who is not an elected officialis entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Each board member is also entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-17
Chairman; appointment
    Sec. 17. The governor shall appoint the chairman of the boardbefore August 1 of each year.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-18
Meetings
    Sec. 18. The board shall meet at the call of the chairman.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-19
Quorum
    Sec. 19. A quorum for a meeting of the board consists of six (6)voting members.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-20
Votes required for action
    Sec. 20. Eight (8) affirmative votes are required for the board totake action.
As added by P.L.12-1991, SEC.1.
IC 4-3-19-21
Voting restrictions; advisory members
    Sec. 21. An advisory member may not vote on a question beforethe board.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-22
Duties
    Sec. 22. The board shall review Indiana statutes, rules, andpractices to determine if legislation is desirable to restrict or prohibitgovernmental competition with private enterprise in the area of:
        (1) construction;
        (2) maintenance; or
        (3) repair;
of a public highway.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-23
Complaints against a department; filing requirements
    Sec. 23. A person who believes that a department has violatedIC 8-23-9, IC 8-23-11, or IC 36-1-12-3 may file a written complaintwith the board. The complaint must set forth the alleged violation.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-24
Transmission of complaint to department
    Sec. 24. The board shall transmit a copy of a complaint thatcomplies with section 23 of this chapter to the department.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-25
Responses; requirements for submission
    Sec. 25. A department named in a complaint may submit a writtenresponse to the board not later than forty-five (45) days after theboard transmits a copy of the complaint.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-26
Responses; contents
    Sec. 26. A response under section 25 of this chapter may indicatewhether the allegation is true or false and whether the department hastaken remedial action.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-27
Hearings; issuance of advisory opinions
    Sec. 27. The board shall hold a hearing on the complaint and issuean advisory opinion to the department.
As added by P.L.12-1991, SEC.1.
IC 4-3-19-28
Advisory opinions; requirements
    Sec. 28. The opinion issued under section 27 of this chapter must:
        (1) state whether the department has violated IC 8-23-9,IC 8-23-11, or IC 36-1-12-3; and
        (2) be forwarded to the person who filed the complaint and thedepartment not later than sixty (60) days after the hearing isconducted.
As added by P.L.12-1991, SEC.1.

IC 4-3-19-29
Report; contents
    Sec. 29. The board shall submit a report to the governor and thelegislative council before November 1 of each year. The report mustinclude the findings and recommendations of the board. The reportsubmitted to the legislative council must be in an electronic formatunder IC 5-14-6.
As added by P.L.12-1991, SEC.1. Amended by P.L.28-2004, SEC.22.