IC 5-25-1
Chapter 1. Definitions
IC 5-25-1-1
Sec. 1. The definitions in this chapter apply
throughout this article.
As added by P.L.50-1997, SEC.1.
IC 5-25-1-2
Sec. 2. "Commission" means the interstate jobs
protection commission.
As added by P.L.50-1997, SEC.1.
IC 5-25-1-3
Sec. 3. "Existing jobs" means employment by an
individual, corporation, partnership, limited liability enterprise in any
form, association, or business enterprise, for profit or nonprofit, that
has a place of business within the state.
As added by P.L.50-1997, SEC.1.
IC 5-25-1-4
Sec. 4. "Party state" means a state that has
legally joined this agreement.
As added by P.L.50-1997, SEC.1.
IC 5-25-1-5
Sec. 5. "State" means a state, territory, or
possession of the United States, the District of Columbia, or the Commonwealth
of Puerto Rico.
As added by P.L.50-1997, SEC.1.
IC 5-25-1-6
Sec. 6. "Unnecessary relocation" means the physical
movement from one (1) place to another of the permanent place of business,
employees, jobs, or buildings of a business, for the primary purpose of
obtaining a special incentive given by any level of state or local government,
as an enticement or condition for the particular movement.
As added by P.L.50-1997, SEC.1.
IC 5-25-2
Chapter 2. Compact
IC 5-25-2-1
Sec. 1. The interstate jobs protection compact
is enacted into law and entered into with all other jurisdictions legally
joining in the form as substantially follows in this article.
As added by P.L.50-1997, SEC.1.
IC 5-25-2-2
Sec. 2. The party states find the following:
(1) The protection of
existing jobs from unnecessary interstate relocation is vital to the economy
and well being of every state.
(2) The effects of the
unnecessary interstate relocation of jobs present special problems that
can be properly approached only with due consideration for the rights and
interests of the business, those involved with the business, and the public.
(3) Measures for the
reduction of the adverse effects of unnecessary interstate job relocation
may be costly, and the devising of means to deal with them are of both
public and private concern.
(4) The states are in
a position and have the responsibility to assure that the protection of
jobs shall be conducted in accordance with regard to the principles of
fiscal responsibility and with consideration for local conditions.
(5) There is a vital
need for the development of greater interjurisdictional cooperation to
achieve the necessary uniformity in the laws, rules, regulations, and codes
relating to job protection and to accomplish this by means that minimize
the time between the development and the enactment of such laws, rules,
regulations, and codes.
As added by P.L.50-1997, SEC.1.
IC 5-25-2-3
Sec. 3. The following are the purposes of this
article:
(1) Study and identify
the issues and problems regarding unnecessary interstate relocation of
existing jobs and develop recommendations to the issues and problems.
(2) Investigate and encourage,
with due recognition of relevant regional, physical, and other differences,
effective programs in each of the party states that will result in the
protection of jobs from unnecessary interstate relocation.
(3) Assist in achieving
and maintaining an efficient and productive business climate that protects
existing jobs without preventing incentives for new business or for expansion
of existing business.
(4) Provide the means
for the encouragement and use of research that will facilitate the achievement
of the foregoing purposes, with due regard for the findings set forth in
section 2 of this chapter.
As added by P.L.50-1997, SEC.1.
IC 5-25-3
Chapter 3. The Commission
IC 5-25-3-1
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
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
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
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
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
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
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
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
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.
IC 5-25-4
Chapter 4. Entry Into Force and Withdrawal
IC 5-25-4-1
Sec. 1. (a) This compact becomes effective in
Indiana when enacted into law by Indiana and any three (3) of the following
states:
(1) Alabama.
(2) Arkansas.
(3) Georgia.
(4) Illinois.
(5) Wisconsin.
(6) Iowa.
(7) Kansas.
(8) Kentucky.
(9) Michigan.
(10) Minnesota.
(11) Missouri.
(12) North Carolina.
(13) Ohio.
(14) Pennsylvania.
(15) South Carolina.
(16) Tennessee.
(17) Virginia.
(18) West Virginia.
(b) Except as provided in subsection (a), after
the enactment into law of this compact by any four (4) states, this compact
shall become effective to those four (4) states, and then to any other
state upon enactment into law by that state.
(c) Any party state may withdraw from this article
by enacting a statute repealing the same, but no such withdrawal shall
take effect until one (1) year after the governor of the withdrawing state
has given notice in writing of the withdrawal to the governors of all other
party states. No withdrawal shall affect any liability already incurred
by or chargeable to a party state before the time of such withdrawal.
As added by P.L.50-1997, SEC.1.
IC 5-25-5
Chapter 5. Effect on Other Laws, Construction
and Severability
IC 5-25-5-1
Sec. 1. This article shall be liberally construed
to effectuate the purposes of the article.
As added by P.L.50-1997, SEC.1.
IC 5-25-5-2
Sec. 2. The provisions of this article are severable
and if any part of this article is declared to be contrary to the constitution
of any party state or of the United States, or the applicability of this
article to any government, agency, person, or circumstance is held invalid,
the validity and applicability of the remainder of this article to any
government, agency, person, or circumstance shall remain in effect.
As added by P.L.50-1997, SEC.1.
IC 5-25-5-3
Sec. 3. If this article is contrary to the constitution
of any party state, the article shall remain in effect as to the remaining
party states and in effect as to the party state affected as to all severable
matters.
As added by P.L.50-1997, SEC.1.
IC 5-25-5-4
Sec. 4. This article does not limit, repeal,
or supersede any other law of a party state.
As added by P.L.50-1997, SEC.1.