1. (a) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.

2. (b) The department may adopt rules under IC 4-22-2 to give a preference to an Indiana business that submits a bid under this article if all of the following apply:

   1. (1) An out-of-state business submits a bid.
   2. (2) The out-of-state business is a business from a state that gives public works preferences unfavorable to Indiana businesses.

3. (c) Rules adopted under subsection (b) must establish criteria for determining the following:

   1. (1) Whether a bidder qualifies as an Indiana business under the rules.
   2. (2) When another state's preference is unfavorable to Indiana businesses.
   3. (3) The method by which the preference for Indiana businesses is to be computed.
4. (d) Rules adopted under subsection (b) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.

As added by P.L.35-1995, SEC.3.