CHAPTER 3. THE COMMISSION
IC 5-25-3
Chapter 3. The Commission
IC 5-25-3-1
Establishment; purpose
Sec. 1. (a) The interstate jobs protection commission isestablished.
(b) The purpose of the commission is to:
(1) carry out the purposes in IC 5-25-2;
(2) study the protection of existing jobs from unnecessaryrelocation;
(3) study and make recommendations to each party stateregarding aspects of law or governmental administration dealingwith matters within this article;
(4) gather and disseminate information to each party staterelating to matters within this article;
(5) cooperate with the federal government and any public orprivate entities having interest in any subject coming within thisarticle; and
(6) consult, upon the request of a party state, with the officialsof such state in respect to any problem within this article.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-2
Commissioner; advisory body; alternates
Sec. 2. (a) The commission consists of one (1) commissioner fromeach party state, who shall be the governor of the party state.
(b) The commissioner from each state shall have the assistance ofan advisory body, whose members shall be determined by each partystate, to:
(1) consider problems relating to the scope of this article; and
(2) assist in discharging the commissioner's responsibilities onthe commission.
(c) When a commissioner is unable to attend a meeting of thecommission or perform any other function in connection with thebusiness of the commission, the commissioner shall designate analternate, from among the members of the advisory body required bythis section, to represent and act for the commissioner. Thedesignation of an alternate shall be communicated by thecommissioner to the commission in such manner as its bylaws mayprovide.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-3
Voting; validity of actions; quorum
Sec. 3. (a) Each commissioner has one (1) vote.
(b) Actions of the commission requesting, accepting, or disposingof funds, services, or other property under:
(1) section 4 of this chapter;
(2) section 5(g) of this chapter; or (3) section 5(h) of this chapter;
are valid only when taken at a meeting where a majority of the totalnumber of votes on the commission is cast in favor of the action. Allother actions are valid by a majority of those present and voting.
(c) A quorum of the commission consists of seventy-five percent(75%) of the entire commission.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-4
Powers and duties
Sec. 4. The commission may:
(1) establish and maintain facilities necessary for the transactingof its business; and
(2) acquire, hold, and convey real and personal property andany interest in real and personal property.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-5
Officers; executive director; bond; staff; retirement system;contracts; donations and grants; bylaws; reports
Sec. 5. (a) The commission shall elect annually, from itsmembers, a chair, a vice chair, and a treasurer.
(b) The commission shall appoint an executive director and fix theexecutive director's duties and compensation. The executive directorserves at the pleasure of the commission.
(c) The executive director, the treasurer, and other personnel asthe commission designates shall be bonded. The commission shalldetermine the amounts of the bonds.
(d) The commission may employ staff as necessary for thepurposes of the commission.
(e) Irrespective of the civil service, personnel, or other meritsystem laws of any of the party states, the executive director, withthe approval of the commission, has the following powers over theemployees of the commission as necessary for the performance of thecommission's functions:
(1) Appoint, remove, or discharge.
(2) Direct the duties and hours of operation.
(3) Fix the compensation and benefits for personnel.
(f) The commission may establish and maintain, independently orin conjunction with a party state, a suitable retirement system for itsemployees. Employees of the commission are eligible for SocialSecurity coverage in respect to old age and survivor's insurance if thecommission takes the steps necessary under the laws of the UnitedStates to participate in a program of insurance as a governmentalagency or unit. The commission may establish and maintain orparticipate in additional programs of employee benefits as thecommission considers appropriate.
(g) The commission may borrow, accept, or contract for theservices of personnel from any state, the United States, or any othergovernmental agency, or from any person, firm, association,
partnership, limited liability company, or corporation.
(h) The commission may accept donations and grants of money,equipment, supplies, materials, and service from:
(1) any state;
(2) the United States or any other governmental agency; or
(3) any person, firm, association, partnership, limited liabilitycompany, or corporation;
and may receive, use, and dispose of the same.
(i) Any donation, grant or other source of funds accepted by thecommission under subsection (h), or any services borrowed undersubsection (g), must be reported in the annual report of thecommission. The report must include the nature, amount, disposal,and conditions of the donation, grant, or services borrowed and theidentity of the donor or lender.
(j) The commission shall adopt bylaws for its business and has thepower to amend and rescind the bylaws. The commission shallpublish its bylaws in convenient form and shall file a copy of thebylaws and a copy of any amendment to the bylaws, with theappropriate agency or officer and with the advisory body undersection 2(b) of this chapter in each of the party states.
(k) The commission shall make reports as follows:
(1) Report annually to the governor, the advisory body undersection 2(b) of this chapter, and the legislature of each partystate covering the activities of the commission for the precedingyear and listing such recommendations as may have been madeby the commission.
(2) At the request of a party state, the commission must makea report in addition to the annual report to the party state.
(3) Upon its own request, the commission may make additionalreports to the party states.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-6
Establishment of advisory and regional committees
Sec. 6. The commission may establish such advisory, technical,and regional committees as the commission considers necessary.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-7
Committee membership
Sec. 7. The membership of a committee may include privatepersons and public officials.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-8
Purpose of committees
Sec. 8. Committees may be formed to consider problems ofspecial interest to party states or other matters of concern to thecommission.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-9
Budget; contents; apportionment of appropriations; restrictions onpledge of credit; accounts
Sec. 9. (a) The commission must submit to the governor ordesignated officer of each party state a budget of its estimatedexpenditures for the period required by the laws of that party statefor presentation to the legislature.
(b) Each of the commission's budgets of estimated expendituresmust contain:
(1) specific recommendations of the amount or amounts to beappropriated by each of the party states; and
(2) the source of information for each of the estimatedexpenditures and the request for appropriations.
(c) The total amount of appropriations requested under any budgetmust be apportioned among the party states in equal shares.
(d) The commission may not pledge the credit of any party state.The commission may meet any of its obligations in whole or in partwith funds available to it under section 5(h) of this chapter, if thecommission takes specific action setting aside the funds beforeincurring any obligation to be met. Except where the commissionmakes use of funds available to it under section 5(h) of this chapter,the commission may not incur any obligation before the allotment offunds by the party states.
(e) The commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of thecommission shall be subject to the audit and accounting proceduresestablished under its bylaws. All receipts and disbursements of fundshandled by the commission shall be audited yearly by a qualifiedpublic accountant approved by the commission, and the report of theaudit shall be included in and become part of the annual report of thecommission.
(f) The accounts of the commission must be open at anyreasonable time for inspection by duly constituted officers of theparty states and by any persons authorized by the commission.
(g) Nothing contained in this article may be construed to preventthe commission from complying with laws relating to audit orinspection of accounts by any government contributing to the supportof the commission.
As added by P.L.50-1997, SEC.1.