reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 23. Telephone Calling Systems for Confined Offenders › 5-22-23-3. "Offender" Defined

Sec. 3. For purposes of this chapter, "offender" has the meaning set forth in IC 11-8-1-9.
As added by P.L.65-2002, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 23. Telephone Calling Systems for Confined Offenders › 5-22-23-4. "System" Defined

Sec. 4. For purposes of this chapter, "system" means a telephone calling system (including local, intralata, interlata, and interstate long distance services) for confined offenders.
As added by P.L.65-2002, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 23. Telephone Calling Systems for Confined Offenders › 5-22-23-5. Requirements of System Solicitation; Deposit of Commissions Into Correctional Facilities Calling System Fund

Sec. 5. (a) This section applies to a solicitation for a system by the department.
(b) Notwithstanding any other law, the solicitation must include a statement concerning the following:
(1) Any security and fraud control services considered necessary by the department, including the use of collect calling services as the sole means of confined offender communications with the general population.
(2) The goal of reducing the total cost of a telephone call placed by a confined offender by soliciting competitive proposals that emphasize lower:
(A) per call service charges;
(B) per minute rates; and
(C) commission rates.
(c) The department shall accept the responsible offeror whose proposal is determined in writing to be the most advantageous to the governmental body, taking into consideration price and the other evaluation factors set forth in the request for proposals. The determination must include the consideration of any requirement imposed under subsection (b).
(d) The department shall deposit commissions received under a contract entered into under a solicitation into the correctional facilities calling system fund established by section 7 of this chapter.
As added by P.L.65-2002, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 23. Telephone Calling Systems for Confined Offenders › 5-22-23-6. Requirements of a System Solicitation by Certain Purchasing Agents

Sec. 6. (a) This section applies to a purchasing agent for the following:
(1) A community corrections advisory board.
(2) A juvenile detention center.
(3) A juvenile detention facility.
(4) A county jail.
This section does not apply to a purchasing agent for a county with a population less than seventy-five thousand (75,000).
(b) Notwithstanding any other law, a solicitation by a purchasing agent:
(1) must include any security and fraud control services considered necessary by the purchasing agency, including the use of collect calling services as the sole means of confined offender communications with the general population; and
(2) may not solicit:
(A) a per call service charge;
(B) a per minute rate; or
(C) a commission rate;
that exceeds the terms of a contract between the state and a telecommunications provider for the same service under the most recent solicitation submitted by the department under this article.
As added by P.L.65-2002, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 22. Public Purchasing › Chapter 23. Telephone Calling Systems for Confined Offenders › 5-22-23-7. Establishment and Management of the Correctional Facilities Calling System Fund

Sec. 7. (a) The correctional facilities calling system fund is established for the purposes of improving, repairing, rehabilitating, and equipping department of correction facilities. The fund consists of the following:
(1) Money deposited in the fund under section 5(d) of this chapter.
(2) Money appropriated by the general assembly.
(3) Money received from any other source.
(b) The department of correction shall administer the fund.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) Money in the fund may not be spent unless the general assembly includes a specific line item appropriation in the budget bill or otherwise specifically appropriates the money in the fund.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.65-2002, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 1. Application and Construction › 5-23-1-1. Applicability of Article

Sec. 1. This article applies to the following:
(1) The state.
(2) A political subdivision in a county containing a consolidated city.
(3) A political subdivision in a county where:
(A) the legislative body of the political subdivision; or
(B) if the political subdivision does not have a legislative body, the fiscal body of the political subdivision;
adopts the provisions of this article by resolution or ordinance.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 1. Application and Construction › 5-23-1-2. Liberal Construction and Supplemental Nature of Powers; Conflict of Laws

Sec. 2. The powers conferred by this article shall be liberally construed in order to accomplish their purposes and shall be in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this article, this article is controlling as to any public-private agreement entered into under this article.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 1. Application and Construction › 5-23-1-3. Public-Private Agreement

Sec. 3. (a) The state or a political subdivision may enter into a public-private agreement with an operator under the terms of this article.
(b) A joint board or separate entity established under IC 36-1-7 for purposes of the design, financing, construction, acquisition, improvement, renovation, equipping, operation, and maintenance of a regional jail under IC 11-12-5.5 may enter into a public-private agreement with an operator under this article.
As added by P.L.49-1997, SEC.34. Amended by P.L.239-2019, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 1. Application and Construction › 5-23-1-4. Application of Prior Statute to Certain Contracts, Leases, Agreements, or Extensions

Sec. 4. (a) Except as provided in subsection (b), IC 36-1-14.3 (before its repeal) concerning public-private agreements does not apply to a contract, a lease, an agreement, or an extension of a contract, a lease, or an agreement entered into before May 10, 1995.
(b) This subsection applies to an agreement in the nature of a public-private agreement (as defined in IC 36-1-14.3-4 (before its repeal)) that was entered into or extended before May 10, 1995. The parties to an agreement described in this section may enter into an addendum of the agreement to be governed by IC 36-1-14.3 (before its repeal) and to apply the provisions of IC 36-1-14.3 (before its repeal) to the agreement. If the parties enter into an addendum under this section, the addendum becomes a part of the agreement to the same extent as if the addendum had been part of the original agreement.
As added by P.L.220-2011, SEC.104.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 1. Application and Construction › 5-23-1-5. Application of Ic 5-22-16.5 to Award of Contracts Under Article

Sec. 5. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this article.
(b) A person may not be awarded a contract under this article if the person would be disqualified from being awarded a contract under IC 5-22-16.5.
As added by P.L.21-2012, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-1.5. "Availability Payment"

Sec. 1.5. "Availability payment" means any funding stream, whether from a private, local, state, or federal source that the governmental body is authorized to use for the construction, maintenance, financing, or operations of any transportation infrastructure located within the boundaries of the governmental body.
As added by P.L.57-2022, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-2. "Board"

Sec. 2. "Board" refers to the agent, board, commission, officer, or trustee of a public agency having the power to award contracts on behalf of the public agency.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-3. "Bot Agreement"

Sec. 3. "BOT agreement" means any agreement between a governmental body and an operator to construct, operate, and maintain a public facility and to transfer the public facility back to the governmental body at an established future date.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-4. "Construction"

Sec. 4. (a) "Construction" means the process of building, renovating, reconstructing, expanding, modernizing, or assembling a public work, including any material enhancements or upgrades to an existing public facility.
(b) The term does not include normal repair, operation, general maintenance, or preservation of a public work.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-5. "Cost"

Sec. 5. "Cost" means the cost of entering into any public-private agreement, including, without limitation, the following:
(1) The cost of acquisition and construction of any public facility or any modification, improvement, or extension of that facility.
(2) Any cost incident to the acquisition of any necessary property, easement, or right-of-way.
(3) Engineering or architectural fees, legal fees, and fiscal agents' and financial advisers' fees.
(4) Any cost incurred for preliminary planning to determine the economic or engineering feasibility of a proposed public-private agreement.
(5) Costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, the inspection and supervision of the construction of any public facility, and any other cost incurred by the governmental body.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-5.5. "Develop"

Sec. 5.5. "Develop" means to plan, design, finance, lease, acquire, install, construct, or expand under a public-private agreement.
As added by P.L.57-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-6. "Governmental Body"

Sec. 6. "Governmental body" has the meaning set forth in IC 5-22-2-13 and includes, for purposes of this article, any state educational institution or other instrumentality of this state.
As added by P.L.49-1997, SEC.34. Amended by P.L.213-2015, SEC.69.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-6.3. "Material Default"

Sec. 6.3. "Material default" means a nonperformance of its duties by the operator of a public-private agreement which jeopardizes adequate service to the public from the project.
As added by P.L.57-2022, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-8. "Operator"

Sec. 8. "Operator" means a person who has entered into either an operating agreement or a BOT agreement with a governmental body to provide services to or on behalf of the governmental body.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-9. "Original Term"

Sec. 9. "Original term" means the initial term of a public-private agreement. The term includes all automatic renewals and automatic extensions of a public-private agreement.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-10. "Person"

Sec. 10. "Person" means an association, a corporation, a limited liability company, a fiduciary, an individual, a joint stock company, a joint venture, a partnership, a sole proprietorship, or any other private legal entity.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-11. "Public Facility"

Sec. 11. "Public facility" means a facility located on, or to be located on, real property owned or leased by a governmental body and upon which a public service is or may be provided.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-15. "Public Work"

Sec. 15. "Public work" means any public building, highway, street, alley, bridge, sewer, drain, or any other public facility that is paid for out of public funds.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-15.3. "Qualifying Project"

Sec. 15.3. "Qualifying project" refers to either of the following:
(1) A transportation facility.
(2) A transportation project.
As added by P.L.57-2022, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-15.5. "Revenues"

Sec. 15.5. (a) "Revenues" means the income, earnings, lease payments, or other service payments relating to the development or operation of a transportation facility or transportation project.
(b) The term includes, but is not limited to, money received as grants or otherwise from the governmental body, the federal government, the state, a public entity, or an agency or instrumentality thereof in aid of the qualifying project.
As added by P.L.57-2022, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-17. "Transportation Facility"

Sec. 17. "Transportation facility" means any new or existing road, highway, toll highway, bridge, tunnel, railroad (as defined in IC 8-3-1-2), or intermodal facility, located in the jurisdiction of a governmental body.
As added by P.L.57-2022, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 2. Definitions › 5-23-2-18. "Transportation Project"

Sec. 18. "Transportation project" means any combination of the development, financing, or operation with respect to all or a portion of any transportation facility located in the jurisdiction of a governmental body.
As added by P.L.57-2022, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 3. Bot Agreements › 5-23-3-1. Agreements Between Governmental Body and Operator

Sec. 1. A governmental body may enter into a BOT agreement with an operator for the acquisition, planning, design, development, reconstruction, repair, maintenance, or financing of any public facility on behalf of the governmental body.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 3. Bot Agreements › 5-23-3-4. Construction of Public Facility With Public Funds; Applicable Laws

Sec. 4. If a governmental body enters into a BOT agreement that involves the construction of a public facility with public funds under this section, the construction of that public facility is subject to IC 4-13.6, IC 5-16, or IC 36-1-12, whichever is applicable.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 4. Operating Agreements › 5-23-4-1. Agreements Between Governmental Body and Operator

Sec. 1. A governmental body may enter into an operating agreement with an operator for the operation, maintenance, repair, management, or any combination of operation, maintenance, repair, or management of any public facility for any public service to be performed on behalf of the governmental body.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 4.5. Requests for Information › 5-23-4.5-1. Government Requests for Information Regarding Public Facility Projects

Sec. 1. A governmental body may issue a request for information for any of the following purposes:
(1) To consider the factors involved in, the feasibility of, or the potential consequences of a contemplated project involving a public facility.
(2) To prepare a request for proposals.
(3) To evaluate any aspect of an existing public-private agreement and an associated public facility.
As added by P.L.217-2017, SEC.61.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 4.5. Requests for Information › 5-23-4.5-3. Responses to Request for Information Confidential; Identity of Person Submitting Response Is Public Record

Sec. 3. A response to a request for information is confidential unless, and only to the extent that, the person who submits the response waives confidentiality in writing. The identity of the person submitting the response is a public record.
As added by P.L.217-2017, SEC.61.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-1. Public-Private Agreement; Request for Proposals Required

Sec. 1. Any public-private agreement contemplated by this chapter must require the governmental body to request proposals under this chapter before entering into the public-private agreement.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-2. Request for Proposals; Contents

Sec. 2. Proposals for public-private agreements shall be solicited through a request for proposals, which must include the following:
(1) The factors or criteria that will be used in evaluating the proposals.
(2) A statement concerning the relative importance of price and the other evaluation factors.
(3) A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility.
(4) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-4. Discussions Regarding Solicitation Requirements

Sec. 4. As provided in the request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-5. Fair and Equal Treatment of Offerors

Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-7. Negotiation for Best and Final Offers

Sec. 7. The governmental body shall negotiate the best and final offers of responsible offerors who submit proposals that are determined to be reasonably susceptible of being selected for a public-private agreement.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-8. Options Upon Receipt of Best and Final Offer

Sec. 8. After the best and final offers from responsible offerors have been negotiated under section 7 of this chapter, the governmental body shall either make a recommendation to the board to award the public-private agreement to an offeror or offerors or shall terminate the request for proposal process.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-9. Public Hearing on Recommendation to Award Public-Private Agreement; Notice

Sec. 9. If a recommendation to award the public-private agreement is made to the board, the board shall schedule a public hearing on the recommendation and publish notice of the hearing one (1) time in accordance with IC 5-3-1 at least seven (7) days before the hearing. The notice shall include the following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A description of the public-private agreement to be awarded.
(4) The recommendation that has been made to award the public-private agreement to an identified offeror or offerors.
(5) The address and telephone number of the board.
(6) A statement indicating that the proposals and an explanation of the basis upon which the recommendation is being made are available for public inspection and copying at the principal office of the board during regular business hours.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-10. Proposals and Explanation of Recommendation; Inspection and Copying

Sec. 10. (a) The proposals and a written explanation of the basis upon which the recommendation is being made shall be delivered to the board and made available for inspection and copying in accordance with IC 5-14-3 at least seven (7) days before the hearing scheduled under section 9 of this chapter.
(b) At the hearing, the board shall allow the public to be heard on the recommendation.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-11. Response to Request for Proposals

Sec. 11. After the procedures required in this chapter have been completed, the board shall make a determination as to the most appropriate response to the request for proposals and may award the public-private agreement to the successful offeror or offerors.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 5. Selection of Contractor by Request for Proposals › 5-23-5-12. Termination of Request for Proposal Process

Sec. 12. If the request for proposal process is terminated under section 8 of this chapter, all proposals may, at the option of the governmental body, be returned to the offerors, and the governmental body may refuse to disclose the contents of the offers.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 6. Contract Terms and Conditions › 5-23-6-1. Original Term in Excess of Five Years

Sec. 1. (a) Under the provisions of this article, the governmental body may enter into a public-private agreement for an original term not to exceed five (5) years with board approval.
(b) Any public-private agreement with an original term in excess of five (5) years must be approved by the following:
(1) The board.
(2) If the state is a party to the agreement, the governor.
(3) If a political subdivision is a party to the agreement, by the fiscal body of the political subdivision.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 6. Contract Terms and Conditions › 5-23-6-3. Payments to Parties Upon Termination

Sec. 3. The public-private agreement may provide for the payment of money to either party if the public-private agreement is terminated. The payments may be used in the form of liquidated damages to compensate the operator for demonstrated unamortized costs, to retire or refinance indebtedness created to improve or construct assets owned by the governmental body, or for any other purpose mutually agreeable to the operator and the governmental body.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 7. Records › 5-23-7-1. Records of Operator in Public-Private Agreement

Sec. 1. Records of an operator that is a party to a public-private agreement are subject to inspection and copying to the same extent the records would be subject to inspection and copying if the operator were a public agency under IC 5-14-3. This section is limited to records directly relating to the public-private agreements.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 7. Records › 5-23-7-2. Inspection and Copying

Sec. 2. Records that are provided by an operator to the governmental body that relate to compliance by the operator with the terms of a public-private agreement are subject to inspection and copying in accordance with IC 5-14-3.
As added by P.L.49-1997, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 8. Transportation and Infrastructure Projects › 5-23-8-1. Public-Private and Development Agreements

Sec. 1. (a) A governmental body may enter into a public-private agreement with respect to a transportation project, if the governmental body complies with the statutory requirements under this article. Any public-private agreement with respect to a transportation project may use availability payments to finance all or a portion of the project.
(b) A governmental body may also enter into a development agreement with a private party for the development, construction, and financing of a privately owned and operated transportation or infrastructure project if the development agreement:
(1) does not obligate the governmental body to spend any public funds for the privately owned and operated transportation or infrastructure project;
(2) obligates the private party to operate the transportation or infrastructure project without limitation on the persons, class of persons, or vehicles using the project, except as may be dictated by safety, security, design, and load capacities of the project; and
(3) obligates the private party to permit local, state, and federal emergency vehicles, including vehicles operated by police, fire, emergency medical services, and sheriff personnel, to use the transportation project without tolls or fees.
As added by P.L.57-2022, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 23. Public-Private Agreements › Chapter 8. Transportation and Infrastructure Projects › 5-23-8-3. Operator Requirements

Sec. 3. (a) The operator shall do the following:
(1) Develop or operate the qualifying project in a manner that is acceptable to the governmental body in accordance with the provisions of the public-private agreement.
(2) Maintain or provide by contract for the maintenance or improvement of the qualifying project if required by the public-private agreement.
(3) Cooperate with the governmental body in making best efforts to establish interconnection between the qualifying project and any other facility or infrastructure as requested by the governmental body in accordance with the provisions of the public-private agreement.
(4) Comply with the operating agreement.
(b) Each private facility that is constructed under this section must comply with the requirements of the following:
(1) Federal, state, and local laws.
(2) State, regional, and local comprehensive plans.
(3) The governmental body's rules, procedures, and standards for facilities.
(4) All other conditions that the governmental body determines to be in the public's best interest and that are included in the public-private agreement.
(c) The governmental body may provide services to the operator at its option. An agreement for maintenance and other services entered into under this section must provide for full reimbursement for services rendered for qualifying projects.
(d) An operator of a qualifying project may provide additional services for the qualifying project to the public or to other private entities if the provision of additional services does not impair the operator's ability to meet its commitments to the governmental body under the public-private agreement.
As added by P.L.57-2022, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 1. Definitions › 5-25-1-3. "Existing Jobs"

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 1. Definitions › 5-25-1-6. "Unnecessary Relocation"

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 2. Compact › 5-25-2-2. Legislative Findings

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 2. Compact › 5-25-2-3. Purposes

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 3. The Commission › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 3. The Commission › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 3. The Commission › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 3. The Commission › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 3. The Commission › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 4. Entry Into Force and Withdrawal › 5-25-4-1. Effective Date of Compact; Withdrawal

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 5. Effect on Other Laws, Construction, and Severability › 5-25-5-2. Severability of Provisions

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 5. Effect on Other Laws, Construction, and Severability › 5-25-5-3. Effect of Article When Contrary to Constitution

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.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 6. Withdrawal From Compact › 5-25-6-1. Notice of Withdrawal

Sec. 1. Before January 1, 2024, the governor shall give notice under IC 5-25-4-1 to each other party state, if any, as required by the compact, that the state of Indiana withdraws from the compact, effective January 1, 2025.
As added by P.L.138-2023, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 25. Interstate Jobs Protection Compact › Chapter 6. Withdrawal From Compact › 5-25-6-2. Governor Certification to Legislative Council

Sec. 2. Before January 1, 2024, the governor shall certify to the legislative council one (1) of the following:
(1) That the notice of withdrawal has been given to each party state as is required by the compact.
(2) That notice was not required to be given because there are not any other party states to which to give notice.
As added by P.L.138-2023, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-1.4. Repealed

[Pre-2003 Title 10 Recodification Citation: 10-1-10-2.]
As added by P.L.2-2003, SEC.26. Repealed by P.L.66-2017, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-1.6. Repealed

[Pre-2003 Title 10 Recodification Citation: 10-1-10-3.]
As added by P.L.2-2003, SEC.27. Repealed by P.L.66-2017, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-1.8. Repealed

[Pre-2003 Title 10 Recodification Citation: 10-1-10-4.]
As added by P.L.2-2003, SEC.28. Repealed by P.L.66-2017, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-3. "Member"

Sec. 3. As used in IC 5-26-2, "member" refers to a member of the integrated public safety commission.
As added by P.L.117-1999, SEC.1. Amended by P.L.2-2003, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-4. "Public Safety Agency"

Sec. 4. As used in this article, "public safety agency" means a federal, state, or local governmental entity eligible to hold an authorization in a public safety radio service as set forth in 47 CFR 90 et seq.
As added by P.L.117-1999, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-4.3. Repealed

[Pre-2003 Title 10 Recodification Citation: 10-1-10-5.]
As added by P.L.2-2003, SEC.30. Repealed by P.L.66-2017, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-4.6. Repealed

[Pre-2003 Title 10 Recodification Citation: 10-1-10-6.]
As added by P.L.2-2003, SEC.31. Repealed by P.L.66-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-5. "System"

Sec. 5. As used in this article, "system" refers to the Indiana statewide wireless public safety voice and data communications system. The term does not include an enhanced emergency telephone system under IC 36-8-16-2 (before its repeal on July 1, 2012) or the statewide 911 system under IC 36-8-16.7.
As added by P.L.117-1999, SEC.1. Amended by P.L.132-2012, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 1. Definitions › 5-26-1-6. "User Agency"

Sec. 6. As used in this article, "user agency" means a public safety agency or other entity that enters into an agreement with the commission to use the system.
[Pre-2003 Title 10 Recodification Citation: subsection (b) formerly 10-1-10-8.]
As added by P.L.117-1999, SEC.1. Amended by P.L.2-2003, SEC.32; P.L.66-2017, SEC.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 2. Integrated Public Safety Commission › 5-26-2-1. Establishment of Commission

Sec. 1. The integrated public safety commission is established for the purpose of promoting the efficient use of public safety agency resources through improved coordination and cooperation to enhance the safety of Indiana residents.
As added by P.L.117-1999, SEC.1. Amended by P.L.66-2017, SEC.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 2. Integrated Public Safety Commission › 5-26-2-3. Members

Sec. 3. (a) The commission is comprised of twelve (12) members as follows:
(1) A sheriff appointed by the governor.
(2) A chief of police appointed by the governor.
(3) A fire chief appointed by the governor.
(4) A head of an emergency medical services provider appointed by the governor.
(5) A mayor appointed by the governor.
(6) A county commissioner appointed by the governor.
(7) A representative of campus law enforcement appointed by the governor.
(8) A representative of the private sector appointed by the governor.
(9) The superintendent of the state police department.
(10) The special agent in charge of the Indiana office of the Federal Bureau of Investigation or designee.
(11) An individual appointed by the speaker of the house of representatives.
(12) An individual appointed by the president pro tempore of the senate.
(b) Not more than four (4) members appointed under subsection (a)(1) through (a)(8) may be members of the same political party.
As added by P.L.117-1999, SEC.1. Amended by P.L.66-2017, SEC.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 26. Public Safety Communications › Chapter 2. Integrated Public Safety Commission › 5-26-2-4. Quorum; Affirmative Vote

Sec. 4. (a) Seven (7) members of the commission constitute a quorum.
(b) An affirmative vote of at least seven (7) members of the commission is required for the commission to take action.
As added by P.L.117-1999, SEC.1.