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 public
highway private enterprise review board established by section 5 of
this 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 under
IC 8-23-2-1; or
(2) a public highway department that is:
(A) under the political control of a unit (as defined in
IC 36-1-2-23); and
(B) involved in the construction, maintenance, or repair of
a 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, a
corporation, a limited liability company, a partnership, or other legal
entity. 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 meaning
set 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 is
established. 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 the
house of representatives.
(3) Two (2) advisory members appointed by the president pro
tempore 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 at
least the following:
(1) Two (2) representatives of small business.
(2) One (1) representative of the Indiana State Building Trades
Council.
(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 by
the 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 of
representatives:
(1) must be members of the house of representatives when
appointed; and
(2) may not be members of the same political party. As added by P.L.12-1991, SEC.1.
IC 4-3-19-10 Appointment of advisory members by president pro tempore;
conditions
Sec. 10. The members appointed by the president pro tempore of
the 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 of
four (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 of
the 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 the
member'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 chapter
vacates the member's seat on the board whenever the member ceases
to be a member of the chamber of the general assembly that the
member 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 board
for 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 official
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each board member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department 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 board
before 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 to
take 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 before
the 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, and
practices to determine if legislation is desirable to restrict or prohibit
governmental 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 violated
IC 8-23-9, IC 8-23-11, or IC 36-1-12-3 may file a written complaint
with 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 that
complies 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 written
response to the board not later than forty-five (45) days after the
board 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 indicate
whether the allegation is true or false and whether the department has
taken 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 issue
an 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 the
department not later than sixty (60) days after the hearing is
conducted. 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 the
legislative council before November 1 of each year. The report must
include the findings and recommendations of the board. The report
submitted to the legislative council must be in an electronic format
under IC 5-14-6. As added by P.L.12-1991, SEC.1. Amended by P.L.28-2004, SEC.22.
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 public
highway private enterprise review board established by section 5 of
this 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 under
IC 8-23-2-1; or
(2) a public highway department that is:
(A) under the political control of a unit (as defined in
IC 36-1-2-23); and
(B) involved in the construction, maintenance, or repair of
a 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, a
corporation, a limited liability company, a partnership, or other legal
entity. 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 meaning
set 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 is
established. 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 the
house of representatives.
(3) Two (2) advisory members appointed by the president pro
tempore 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 at
least the following:
(1) Two (2) representatives of small business.
(2) One (1) representative of the Indiana State Building Trades
Council.
(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 by
the 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 of
representatives:
(1) must be members of the house of representatives when
appointed; and
(2) may not be members of the same political party. As added by P.L.12-1991, SEC.1.
IC 4-3-19-10 Appointment of advisory members by president pro tempore;
conditions
Sec. 10. The members appointed by the president pro tempore of
the 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 of
four (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 of
the 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 the
member'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 chapter
vacates the member's seat on the board whenever the member ceases
to be a member of the chamber of the general assembly that the
member 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 board
for 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 official
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each board member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department 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 board
before 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 to
take 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 before
the 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, and
practices to determine if legislation is desirable to restrict or prohibit
governmental 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 violated
IC 8-23-9, IC 8-23-11, or IC 36-1-12-3 may file a written complaint
with 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 that
complies 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 written
response to the board not later than forty-five (45) days after the
board 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 indicate
whether the allegation is true or false and whether the department has
taken 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 issue
an 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 the
department not later than sixty (60) days after the hearing is
conducted. 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 the
legislative council before November 1 of each year. The report must
include the findings and recommendations of the board. The report
submitted to the legislative council must be in an electronic format
under IC 5-14-6. As added by P.L.12-1991, SEC.1. Amended by P.L.28-2004, SEC.22.
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 public
highway private enterprise review board established by section 5 of
this 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 under
IC 8-23-2-1; or
(2) a public highway department that is:
(A) under the political control of a unit (as defined in
IC 36-1-2-23); and
(B) involved in the construction, maintenance, or repair of
a 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, a
corporation, a limited liability company, a partnership, or other legal
entity. 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 meaning
set 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 is
established. 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 the
house of representatives.
(3) Two (2) advisory members appointed by the president pro
tempore 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 at
least the following:
(1) Two (2) representatives of small business.
(2) One (1) representative of the Indiana State Building Trades
Council.
(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 by
the 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 of
representatives:
(1) must be members of the house of representatives when
appointed; and
(2) may not be members of the same political party. As added by P.L.12-1991, SEC.1.
IC 4-3-19-10 Appointment of advisory members by president pro tempore;
conditions
Sec. 10. The members appointed by the president pro tempore of
the 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 of
four (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 of
the 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 the
member'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 chapter
vacates the member's seat on the board whenever the member ceases
to be a member of the chamber of the general assembly that the
member 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 board
for 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 official
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each board member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department 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 board
before 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 to
take 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 before
the 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, and
practices to determine if legislation is desirable to restrict or prohibit
governmental 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 violated
IC 8-23-9, IC 8-23-11, or IC 36-1-12-3 may file a written complaint
with 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 that
complies 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 written
response to the board not later than forty-five (45) days after the
board 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 indicate
whether the allegation is true or false and whether the department has
taken 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 issue
an 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 the
department not later than sixty (60) days after the hearing is
conducted. 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 the
legislative council before November 1 of each year. The report must
include the findings and recommendations of the board. The report
submitted to the legislative council must be in an electronic format
under IC 5-14-6. As added by P.L.12-1991, SEC.1. Amended by P.L.28-2004, SEC.22.
