An ACT concerning the use of a statewide telecommunications system by Indiana University, Purdue University, Indiana State University and Ball State University, permitting the use thereof by others, making appropriations in connection therewith, and declaring an emergency.

WHEREAS, there is a need for a statewide communications system inter-connecting the campuses, both main and regional, of Indiana University, Purdue University, Ball State University and Indiana State University to permit the sharing of educational resources between the four universities and between main and regional campuses; and

WHEREAS, there is a need for a statewide medical educational communications system interconnecting cooperating institutions for direct teaching of interns, residents, senior clinical and practicing physicians through continuing education in at least fifteen population centers in Indiana; and

WHEREAS, there is a need for extended and continuing education over the entire state to up-date, re-train and otherwise bring rapidly advancing knowledge to those who need it in their daily pursuits; and

WHEREAS, there is a need for extended vocational and technical training throughout the state by Indiana Vocational Technical College or other appropriate agency for post-high school students whose need must be satisfied if they are to take places commensurate with their native ability in an economy which needs their trained skills; and

WHEREAS, there is a need for up-dating, re-training and otherwise making new and advanced knowledge available to the work force of Indiana in all lines of endeavor, in production skills, supervisory skills, management skills and related human talents; and

WHEREAS, there is a need for sharing educational resources between public and private institutions of higher education in Indiana and thereby to multiply the utilization of the total investment in higher education resources in Indiana; and

WHEREAS, there may be a need to provide an interconnection system between a future network of educational television stations over which a full schedule of educational broadcast services could be brought into the homes, factories, businesses and schools of Indiana; and

WHEREAS, there is a need to be of special service to the secondary and elementary schools of Indiana supplementing already existing services and bringing the special resources of higher education to the public schools, now therefore

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1.
(a) As used in this chapter, "electronic format" means a format using the most appropriate technological medium.

(b) As used in this chapter:

(1)"Chief information officer" means the chief information officer of the office of technology appointed under IC 4-13.1-2-3; and

(2) "Office of technology" refers to the office of technology established by IC 4-13.1-2-1.

(c) The trustees of Indiana University, the trustees of Purdue University, the University of Southern Indiana board of trustees, Ball State University board of trustees, Indiana State University board of trustees, the board of trustees of Vincennes University, the board of trustees of the Indiana Vocational Technical College, and the board of directors of the independent colleges and universities of Indiana (referred to collectively in this chapter as the universities) are authorized, if they find the need exists for a broad dissemination of a wide variety of educational communications for the improvement and the advancement of higher educational opportunity, to jointly arrange from time to time, for a period not exceeding ten (10) years, for services provided by the office of technology and for the use of a multipurpose, multimedia, closed circuit, statewide telecommunications system furnished by communications common carriers subject to the jurisdiction of the Indiana utility regulatory commission to interconnect the main campuses and the regional campuses of the universities and centers of medical education and service.

(d) In addition to the closed circuit statewide telecommunications system described in subsection (c), the universities shall establish, in accordance with federal copyright law, programs in an electronic format to provide for the advancement of higher education opportunity and individualized access to higher education programs. As part of the program, the universities may make available a wide variety of higher education courses in electronic format. The universities shall make the videotapes available to the public by any means of public or private distribution that they may determine to be appropriate, including sale or lease. The universities may determine policy and establish procedures in order to administer this program. The universities shall maintain and keep current a listing of all information in an electronic format.

(c) The transmission system shall be for the exclusive use of the universities. However, the universities may permit the use of the transmission system, or any part of the transmission system, by others under section 4 of this chapter.

SECTION 2.
(a) The transmission system described in section 1(c) of this chapter must be designed to permit the installation of additional capacity and coverage as accumulating communication needs of higher education may require. The system must be capable of transmitting high fidelity television signals, high fidelity sound signals, data signals for computer communications, and voice traffic, and must include control circuits.

(b) The arrangements for the use of the system may be upon terms and conditions as the universities determine are necessary, proper, or desirable.

(c) No plan or arrangements for the use of the telecommunications system may be adopted or entered into under this chapter without the specific approval of the coordinating unit established under IC 20-12-12-3.

SECTION 3.
(a) The universities shall establish a coordinating unit or other body composed of persons that the universities select. The chief information officer or the chief information officer's designee shall be a member of any coordinating unit created under this section. This committee or other body has the authority to administer and supervise the use of the transmission system and the information in electronic format described in section 1 of this chapter as may be from time to time delegated to it by the universities. The universities shall have equal representation on the coordinating unit or body.

(b) There must also be an advisory council of representatives of users of the transmission system.

SECTION 4.
(a) Any arrangements for the use of the telecommunications system or the information in electronic format described in section 1 of this chapter must provide that the universities, or any committee or other body established under section 3 of this chapter (if the power is so delegated to them), may permit any of the following entities to use the telecommunications system or the information in electronic format for educational purposes:

(1) Institutions of higher education.
(2) Governmental or public corporations or bodies.
(3) Other corporations.
(4) Partnerships.
(5) Associations.
(6) Trusts.
(7) Other persons.

(b) Any use permitted under this section is subject to the rules, regulations, fees, and charges as the universities, committee, or other body may prescribe.

(c) Each entity that uses the transmission system is responsible for the origination of the program to be transmitted by that entity and for the reception and utilization of the program at the destination.

(d) The payment of all costs in excess of the cost of the use of the transmission system facilities and the information in electronic format shall be borne by the parties using the system as agreed upon.

SECTION 5.
(a) In connection with the use of the telecommunications system, the information in electronic format described in section 1 of this chapter, or any other related matter, the universities may accept gifts or contributions from individuals, corporations, partnerships, associations, trusts, or foundations and may accept funds under terms and conditions that the universities determine are necessary or desirable from any federal agency.

(b) The universities may enter into and carry out contracts and agreements in connection with this chapter. All contracts and agreements entered into must be approved by the coordinating unit established by section 3(a) of this chapter.

SECTION 6.
(a) A special and distinct fund is hereby created to be known as the higher education statewide telecommunications fund. Expenditures from the fund may be made only for the following:

(1) Payments by the universities for the use of a telecommunications system or the lease, purchase, rental, or production of information in an electronic format as provided in this chapter.

(2) Studies regarding the possibilities of extending the use of the telecommunications system described in section 1(c) of this chapter to other colleges and universities in Indiana and of extending the use of the system for post-high school and other educational uses.

(3) The expenses of coordinating, planning, and supervising the use of the telecommunication system and the information in electronic format.

(4) Equipment for the originating and receiving of instructional communication and educational information by means of the telecommunications system and the information in electronic format.

(b) The state auditor shall pay, as needed, from the fund amounts to the trustees of Indiana University as the agent for the universities. The trustees of Indiana University as the agent shall apply the funds to the payment of items as payment becomes due from the higher education statewide telecommunications fund.

SECTION 7.
This act takes effect July 1, 2005.