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 is
established.
(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 unnecessary
relocation;
(3) study and make recommendations to each party state
regarding aspects of law or governmental administration dealing
with matters within this article;
(4) gather and disseminate information to each party state
relating to matters within this article;
(5) cooperate with the federal government and any public or
private entities having interest in any subject coming within this
article; and
(6) consult, upon the request of a party state, with the officials
of 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 from
each party state, who shall be the governor of the party state.
(b) The commissioner from each state shall have the assistance of
an advisory body, whose members shall be determined by each party
state, to:
(1) consider problems relating to the scope of this article; and
(2) assist in discharging the commissioner's responsibilities on
the commission.
(c) When a commissioner is unable to attend a meeting of the
commission or perform any other function in connection with the
business of the commission, the commissioner shall designate an
alternate, from among the members of the advisory body required by
this section, to represent and act for the commissioner. The
designation of an alternate shall be communicated by the
commissioner to the commission in such manner as its bylaws may
provide.
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 disposing
of 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 total
number of votes on the commission is cast in favor of the action. All
other 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 transacting
of its business; and
(2) acquire, hold, and convey real and personal property and
any 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 its
members, a chair, a vice chair, and a treasurer.
(b) The commission shall appoint an executive director and fix the
executive director's duties and compensation. The executive director
serves at the pleasure of the commission.
(c) The executive director, the treasurer, and other personnel as
the commission designates shall be bonded. The commission shall
determine the amounts of the bonds.
(d) The commission may employ staff as necessary for the
purposes of the commission.
(e) Irrespective of the civil service, personnel, or other merit
system laws of any of the party states, the executive director, with
the approval of the commission, has the following powers over the
employees of the commission as necessary for the performance of the
commission'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 or
in conjunction with a party state, a suitable retirement system for its
employees. Employees of the commission are eligible for Social
Security coverage in respect to old age and survivor's insurance if the
commission takes the steps necessary under the laws of the United
States to participate in a program of insurance as a governmental
agency or unit. The commission may establish and maintain or
participate in additional programs of employee benefits as the
commission considers appropriate.
(g) The commission may borrow, accept, or contract for the
services of personnel from any state, the United States, or any other
governmental 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 liability
company, or corporation;
and may receive, use, and dispose of the same.
(i) Any donation, grant or other source of funds accepted by the
commission under subsection (h), or any services borrowed under
subsection (g), must be reported in the annual report of the
commission. The report must include the nature, amount, disposal,
and conditions of the donation, grant, or services borrowed and the
identity of the donor or lender.
(j) The commission shall adopt bylaws for its business and has the
power to amend and rescind the bylaws. The commission shall
publish its bylaws in convenient form and shall file a copy of the
bylaws and a copy of any amendment to the bylaws, with the
appropriate agency or officer and with the advisory body under
section 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 under
section 2(b) of this chapter, and the legislature of each party
state covering the activities of the commission for the preceding
year and listing such recommendations as may have been made
by the commission.
(2) At the request of a party state, the commission must make
a report in addition to the annual report to the party state.
(3) Upon its own request, the commission may make additional
reports 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 private
persons 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 of
special interest to party states or other matters of concern to the
commission.
As added by P.L.50-1997, SEC.1.
IC 5-25-3-9
Budget; contents; apportionment of appropriations; restrictions on
pledge of credit; accounts
Sec. 9. (a) The commission must submit to the governor or
designated officer of each party state a budget of its estimated
expenditures for the period required by the laws of that party state
for presentation to the legislature.
(b) Each of the commission's budgets of estimated expenditures
must contain:
(1) specific recommendations of the amount or amounts to be
appropriated by each of the party states; and
(2) the source of information for each of the estimated
expenditures and the request for appropriations.
(c) The total amount of appropriations requested under any budget
must 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 part
with funds available to it under section 5(h) of this chapter, if the
commission takes specific action setting aside the funds before
incurring any obligation to be met. Except where the commission
makes use of funds available to it under section 5(h) of this chapter,
the commission may not incur any obligation before the allotment of
funds by the party states.
(e) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the
commission shall be subject to the audit and accounting procedures
established under its bylaws. All receipts and disbursements of funds
handled by the commission shall be audited yearly by a qualified
public accountant approved by the commission, and the report of the
audit shall be included in and become part of the annual report of the
commission.
(f) The accounts of the commission must be open at any
reasonable time for inspection by duly constituted officers of the
party states and by any persons authorized by the commission.
(g) Nothing contained in this article may be construed to prevent
the commission from complying with laws relating to audit or
inspection of accounts by any government contributing to the support
of the commission.
As added by P.L.50-1997, SEC.1.