CHAPTER 3. REGIONAL TRANSPORTATION AUTHORITIES
IC 36-9-3
Chapter 3. Regional Transportation Authorities
IC 36-9-3-1
Application of chapter
Sec. 1. This chapter applies to all counties and municipalities.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.2.
IC 36-9-3-2 Version a
Establishment of authority; name
Note: This version of section effective until 1-1-2011. See alsofollowing version of this section, effective 1-1-2011.
Sec. 2. (a) A fiscal body of a county or municipality may, byordinance, establish a regional transportation authority (referred toas "the authority" in this chapter) for the purpose of acquiring,improving, operating, maintaining, financing, and generallysupporting a public transportation system that operates within theboundaries of an area designated as a transportation planning districtby the Indiana department of transportation. However, only one (1)public transportation authority may be established within an areadesignated as a transportation planning district by the Indianadepartment of transportation.
(b) The ordinance establishing the authority must include aneffective date and a name for the authority. Except as provided insubsection (c), the words "regional transportation authority" must beincluded in the name of the authority.
(c) The words "regional bus authority" must be included in thename of an authority that includes a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000).
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.12-1983,SEC.23; P.L.18-1990, SEC.295; P.L.235-1997, SEC.3;P.L.214-2005, SEC.74.
IC 36-9-3-2 Version b
Establishment of authority; name; abolition of bus authority ortransportation authority in certain counties
Note: This version of section effective 1-1-2011. See alsopreceding version of this section, effective until 1-1-2011.
Sec. 2. (a) Except as provided in subsection (d), a fiscal body ofa county or municipality may, by ordinance, establish a regionaltransportation authority (referred to as "the authority" in this chapter)for the purpose of acquiring, improving, operating, maintaining,financing, and generally supporting a public transportation systemthat operates within the boundaries of an area designated as atransportation planning district by the Indiana department oftransportation. However, only one (1) public transportation authoritymay be established within an area designated as a transportationplanning district by the Indiana department of transportation. (b) The ordinance establishing the authority must include aneffective date and a name for the authority. Except as provided insubsection (c), the words "regional transportation authority" must beincluded in the name of the authority.
(c) After December 31, 2009, this subsection applies if a countyis not a member of the northern Indiana regional transportationdistrict established under IC 8-24. The words "regional busauthority" must be included in the name of an authority that includesa county having a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000).
(d) After December 31, 2009, this subsection applies if a countyis a member of the northern Indiana regional transportation districtestablished under IC 8-24 and has a population of:
(1) more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000); or
(2) more than one hundred forty-five thousand (145,000) butless than one hundred forty-eight thousand (148,000).
In such a county the regional bus authority or regional transportationauthority, whichever applies, is abolished effective January 1, 2010.After December 31, 2009, a regional transportation authority may notbe established by a fiscal body of such a county or a municipality insuch a county.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.12-1983,SEC.23; P.L.18-1990, SEC.295; P.L.235-1997, SEC.3;P.L.214-2005, SEC.74; P.L.182-2009(ss), SEC.445.
IC 36-9-3-3
Expansion to include additional counties or municipalities;procedure
Sec. 3. Except as provided in section 3.5 of this chapter, theauthority may be expanded to include one (1) or more additionalcounties or municipalities within the same planning district ifresolutions approving the expansion are adopted by the fiscal bodiesof:
(1) the counties or municipalities to be added to the authority;and
(2) a majority of the counties and municipalities already in theauthority.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.4; P.L.70-2007, SEC.1.
IC 36-9-3-3.1
Transfer of urban mass transportation powers to publictransportation corporation
Sec. 3.1. If an existing public transportation corporation operateswithin the boundaries of an authority established under section 2 or3 of this chapter, the legislative body that established the publictransportation corporation may adopt an ordinance to shift any of thepowers set forth under IC 36-9-4 to the authority.
As added by P.L.235-1997, SEC.5.
IC 36-9-3-3.5
Expansion to include certain counties and municipalities;procedure
Sec. 3.5. (a) This section applies to a county with a population ofmore than one hundred ten thousand (110,000) but less than onehundred fifteen thousand (115,000) and any second class city locatedin the county.
(b) A county or city described in subsection (a) shall become amember of an authority described in section 5(c) of this chapter if thefiscal body of the county or city adopts a resolution authorizing thecounty or city to become a member of the authority and the board ofthe authority approves the membership of the county or city.
As added by P.L.70-2007, SEC.2.
IC 36-9-3-4
Removal of county or municipality from authority
Sec. 4. If the fiscal body of any county or municipality finds thatthe county or municipality should be removed from the authority, itshall adopt a resolution favoring the removal of that county ormunicipality from the authority. The resolution must establish a dateupon which the membership ceases, but that date must be at least six(6) months after the date of the adoption of the resolution. Removalof the county or municipality from the authority does not relieve thecounty or municipality from any obligations incurred on the county'sor municipality's behalf by the authority while the county ormunicipality was a member of the authority.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.6.
IC 36-9-3-5
Management by board; membership
Sec. 5. (a) An authority is under the control of a board (referredto as "the board" in this chapter) that, except as provided insubsections (b) and (c), consists of:
(1) two (2) members appointed by the executive of each countyin the authority;
(2) one (1) member appointed by the executive of the largestmunicipality in each county in the authority;
(3) one (1) member appointed by the executive of each secondclass city in a county in the authority; and
(4) one (1) member from any other political subdivision that haspublic transportation responsibilities in a county in theauthority.
(b) An authority that includes a consolidated city is under thecontrol of a board consisting of the following:
(1) Two (2) members appointed by the executive of the countyhaving the consolidated city.
(2) One (1) member appointed by the board of commissionersof the county having the consolidated city.
(3) One (1) member appointed by the executive of each other
county in the authority.
(4) Two (2) members appointed by the governor from a list ofat least five (5) names provided by the Indianapolis regionaltransportation council.
(5) One (1) member representing the four (4) largestmunicipalities in the authority located in a county other than acounty containing a consolidated city. The member shall beappointed by the executives of the municipalities acting jointly.
(6) One (1) member representing the excluded cities located ina county containing a consolidated city that are members of theauthority. The member shall be appointed by the executives ofthe excluded cities acting jointly.
(7) One (1) member of a labor organization representingemployees of the authority who provide public transportationservices within the geographic jurisdiction of the authority. Thelabor organization shall appoint the member.
(c) After December 31, 2009, this subsection applies if both acounty having a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000) and acounty having a population of more than one hundred forty-fivethousand (145,000) but less than one hundred forty-eight thousand(148,000) are not members of the northern Indiana regionaltransportation district established under IC 8-24. An authority thatincludes a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand (700,000)is under the control of a board consisting of the following twenty-one(21) members:
(1) Three (3) members appointed by the executive of a city witha population of more than ninety thousand (90,000) but lessthan one hundred five thousand (105,000).
(2) Two (2) members appointed by the executive of a city witha population of more than seventy-five thousand (75,000) butless than ninety thousand (90,000).
(3) One (1) member jointly appointed by the executives of thefollowing municipalities located within a county having apopulation of more than four hundred thousand (400,000) butless than seven hundred thousand (700,000):
(A) A city with a population of more than five thousand onehundred thirty-five (5,135) but less than five thousand twohundred (5,200).
(B) A city with a population of more than thirty-twothousand (32,000) but less than thirty-two thousand eighthundred (32,800).
(4) One (1) member who is jointly appointed by the fiscal bodyof the following municipalities located within a county with apopulation of more than four hundred thousand (400,000) butless than seven hundred thousand (700,000):
(A) A town with a population of more than fifteen thousand(15,000) but less than twenty thousand (20,000).
(B) A town with a population of more than twenty-three
thousand (23,000) but less than twenty-four thousand(24,000).
(C) A town with a population of more than twenty thousand(20,000) but less than twenty-three thousand (23,000).
(5) One (1) member who is jointly appointed by the fiscal bodyof the following municipalities located within a county with apopulation of more than four hundred thousand (400,000) butless than seven hundred thousand (700,000):
(A) A town with a population of more than eight thousand(8,000) but less than nine thousand (9,000).
(B) A town with a population of more than twenty-fourthousand (24,000) but less than thirty thousand (30,000).
(C) A town with a population of more than twelve thousandfive hundred (12,500) but less than fifteen thousand(15,000).
(6) One (1) member who is jointly appointed by the followingauthorities of municipalities located in a county having apopulation of more than four hundred thousand (400,000) butless than seven hundred thousand (700,000):
(A) The executive of a city with a population of more thannineteen thousand eight hundred (19,800) but less thantwenty-one thousand (21,000).
(B) The fiscal body of a town with a population of more thannine thousand (9,000) but less than twelve thousand fivehundred (12,500).
(C) The fiscal body of a town with a population of more thanfive thousand (5,000) but less than eight thousand (8,000).
(D) The fiscal body of a town with a population of less thanone thousand five hundred (1,500).
(E) The fiscal body of a town with a population of more thantwo thousand two hundred (2,200) but less than fivethousand (5,000).
(7) One (1) member appointed by the fiscal body of a town witha population of more than thirty thousand (30,000) locatedwithin a county with a population of more than four hundredthousand (400,000) but less than seven hundred thousand(700,000).
(8) One (1) member who is jointly appointed by the followingauthorities of municipalities that are located within a countywith a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000):
(A) The executive of a city having a population of more thantwenty-five thousand (25,000) but less than twenty-seventhousand (27,000).
(B) The executive of a city having a population of more thanthirteen thousand nine hundred (13,900) but less thanfourteen thousand two hundred (14,200).
(C) The fiscal body of a town having a population of morethan one thousand five hundred (1,500) but less than twothousand two hundred (2,200). (9) Three (3) members appointed by the fiscal body of a countywith a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000).
(10) One (1) member appointed by the county executive of acounty with a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000).
(11) One (1) member of a labor organization representingemployees of the authority who provide public transportationservices within the geographic jurisdiction of the authority. Thelabor organization shall appoint the member. If more than one(1) labor organization represents the employees of the authority,each organization shall submit one (1) name to the governor,and the governor shall appoint the member from the list ofnames submitted by the organizations.
(12) The executive of a city with a population of more thantwenty-seven thousand four hundred (27,400) but less thantwenty-eight thousand (28,000), located within a county with apopulation of more than one hundred forty-five thousand(145,000) but less than one hundred forty-eight thousand(148,000), or the executive's designee.
(13) The executive of a city with a population of more thanthirty-three thousand (33,000) but less than thirty-six thousand(36,000), located within a county with a population of morethan one hundred forty-five thousand (145,000) but less thanone hundred forty-eight thousand (148,000), or the executive'sdesignee.
(14) One (1) member of the board of commissioners of a countywith a population of more than one hundred forty-five thousand(145,000) but less than one hundred forty-eight thousand(148,000), appointed by the board of commissioners, or themember's designee.
(15) One (1) member appointed jointly by the townshipexecutive of the township containing the following towns:
(A) Chesterton.
(B) Porter.
(C) Burns Harbor.
(D) Dune Acres.
The member appointed under this subdivision must be aresident of a town listed in this subdivision.
(16) One (1) member appointed jointly by the townshipexecutives of the following townships located in Porter County:
(A) Washington Township.
(B) Morgan Township.
(C) Pleasant Township.
(D) Boone Township.
(E) Union Township.
(F) Porter Township.
(G) Jackson Township.
(H) Liberty Township.
(I) Pine Township. The member appointed under this subdivision must be aresident of a township listed in this subdivision.
If a county or city becomes a member of the authority under section3.5 of this chapter, the executive of the county or city shall appointone (1) member to serve on the board.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.7; P.L.64-1998, SEC.1; P.L.90-1999, SEC.1; P.L.14-2000,SEC.85; P.L.170-2002, SEC.165; P.L.114-2005, SEC.1; P.L.1-2006,SEC.584; P.L.169-2006, SEC.79; P.L.1-2007, SEC.245;P.L.70-2007, SEC.3; P.L.182-2009(ss), SEC.446.
IC 36-9-3-6
Appointment of board members; time limits; term of office
Sec. 6. (a) Except as provided in subsection (d), the appointmentsrequired by section 5 of this chapter must be made as soon as ispractical, but not later than sixty (60) days after the adoption of theordinance establishing the authority. If any appointing authority failsto make the required appointment within the sixty (60) day timelimit, the circuit court from the jurisdiction of the appointingauthority shall make the appointment without delay.
(b) The term of office of a member of the board is:
(1) two (2) years, for a member of a board located in a countywith a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000), ifsuch a board exists under this chapter; and
(2) four (4) years for all other boards;
and continues until the member's successor has qualified for theoffice. A member may be reappointed for successive terms.
(c) A member of the board serves at the pleasure of the appointingauthority.
(d) An appointment to an authority located in a county with apopulation of more than four hundred thousand (400,000) but lessthan seven hundred thousand (700,000), if such an authority existsunder this chapter, must be made not later than sixty (60) days afterthe adoption of the ordinance establishing the authority, or for thepurpose of reappointments, sixty (60) days after a scheduledreappointment. If the appointing authority designated in section5(c)(3), 5(c)(4), 5(c)(5), 5(c)(6), or 5(c)(8) of this chapter fails tomake an appointment, the appointment shall be made by thegovernor. If a county or city becomes a member of the authorityunder section 3.5 of this chapter and the executive of the county orcity fails to make an appointment to the board within sixty (60) daysafter the county or city becomes a member of the authority, theappointment shall be made by the governor. The governor shallselect an individual from a list comprised of one (1) name from eachappointing authority for that particular appointment.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.90-1999,SEC.2; P.L.70-2007, SEC.4; P.L.182-2009(ss), SEC.447.
IC 36-9-3-7 Board; officers; records; meetings
Sec. 7. (a) Except as provided in subsection (e), As soon as ispractical, but not later than ninety (90) days after the authority isestablished, the members shall meet and organize themselves as aboard.
(b) Except as provided in subsection (f), At its first meeting, andannually after that, the board shall elect from its members apresident, a vice president who shall perform the duties of thepresident during the absence or disability of the president, asecretary, and a treasurer. If the authority includes more than one (1)county, the president and vice president must be from differentcounties.
(c) The regional planning commission staff or the metropolitanplanning organization if the authority includes a consolidated cityshall serve as staff to the board secretary for the purpose of recordingthe minutes of all board meetings and keeping the records of theauthority.
(d) The board shall keep its maps, plans, documents, records, andaccounts in a suitable office, subject to public inspection at allreasonable times.
(e) After December 31, 2009, this subsection applies if a countyis not a member of the northern Indiana regional transportationdistrict established under IC 8-24. If the authority includes a countyhaving a population of more than four hundred thousand (400,000)but less than seven hundred thousand (700,000), the first meeting ofthe board shall be at the call of the county council of the countyhaving a population of more than four hundred thousand (400,000)but less than seven hundred thousand (700,000). The president of thecounty council shall preside over the first meeting until the officersof the board have been elected.
(f) After December 31, 2009, this subsection applies if a countyis not a member of the northern Indiana regional transportationdistrict established under IC 8-24. If the authority includes a countyhaving a population of more than four hundred thousand (400,000)but less than seven hundred thousand (700,000), the board shall firstmeet in January. At the first meeting the board shall elect from itsmembers a president, a vice president who shall perform the dutiesof the president during the absence or disability of the president, asecretary, a treasurer, and any other officers the board determines arenecessary for the board to function.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.12-1992,SEC.175; P.L.235-1997, SEC.8; P.L.64-1998, SEC.2; P.L.90-1999,SEC.3; P.L.182-2009(ss), SEC.448.
IC 36-9-3-8
Board meetings
Sec. 8. (a) The board shall fix the time and place for holdingregular meetings, and it must meet at least once during each calendarquarter of each calendar year.
(b) Special meetings of the board may be called by the chairman
or by five (5) members of the board upon written request to thesecretary. The secretary must send to all members, at least forty-eight(48) hours in advance of a special meeting, a written notice fixing thetime and place of the meeting. Written notice of a special meeting isnot required if the time of the special meeting has been fixed in aregular meeting.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-9
Board; quorum; approval of actions
Sec. 9. (a) A majority of the members appointed to the boardconstitutes a quorum for a meeting.
(b) Except as provided in subsection (c), The board may actofficially by an affirmative vote of a majority of those present at themeeting at which the action is taken.
(c) After December 31, 2009, this subsection applies if a countyis not a member of the northern Indiana regional transportationdistrict established under IC 8-24. If the authority includes a countyhaving a population of more than four hundred thousand (400,000)but less than seven hundred thousand (700,000), then:
(1) an affirmative vote of a majority of the board is necessaryfor an action to be taken; and
(2) a vacancy in membership does not impair the right of aquorum to exercise all rights and perform all duties of theboard.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.90-1999,SEC.4; P.L.114-2005, SEC.2; P.L.1-2006, SEC.585; P.L.169-2006,SEC.80; P.L.1-2007, SEC.246; P.L.182-2009(ss), SEC.449.
IC 36-9-3-10
Board; compensation and expenses of members
Sec. 10. (a) Except as provided in subsection (b), The members ofthe board are not entitled to a salary but are entitled to an allowancefor actual expenses and mileage at the same rate as other countyofficials.
(b) After December 31, 2009, this subsection applies if a countyis not a member of the northern Indiana regional transportationdistrict established under IC 8-24. If the authority includes a countyhaving a population of more than four hundred thousand (400,000)but less than seven hundred thousand (700,000), a member of theboard is entitled to reimbursement for traveling expenses and otherexpenses actually incurred in connection with the member's duties asprovided:
(1) in the procedures established by the department ofadministration and approved by the budget agency for stateemployee travel; or
(2) by ordinance of the county fiscal body.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.90-1999,SEC.5; P.L.182-2009(ss), SEC.450.
IC 36-9-3-11
Executive director
Sec. 11. The board shall appoint a qualified person to beexecutive director of the authority. The executive director is the chiefexecutive officer of the authority.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-12
Controller
Sec. 12. (a) The board shall appoint a person to act as controllerfor the authority.
(b) The controller shall give bond in the sum and with theconditions prescribed by the board, and with surety to the approvalof the board. The bond must be filed and recorded in the office of thecounty recorder for the county in which the office of the authority islocated.
(c) The term of office of the controller is one (1) year, and he maybe appointed for additional terms of one (1) year each.
(d) All money payable to the authority must be paid to thecontroller, who shall deposit it in the manner prescribed byIC 5-13-6. The money deposited may be invested under theapplicable statutes, including IC 5-13-9.
(e) The controller shall keep an accurate account of allappropriations made and all taxes levied by the authority, all moneyowing or due to the authority, and all money received and disbursed.
(f) The board may authorize the controller to pay a per diem inadvance to a public transportation employee or board member whowill attend a training session or other special meeting required as aduty of the public transportation employee or board member.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.19-1987,SEC.52; P.L.327-1995, SEC.1.
IC 36-9-3-12.5
Repealed
(Repealed by P.L.182-2009(ss), SEC.469.)
IC 36-9-3-13
Powers and duties of board
Sec. 13. The board may:
(1) exercise the executive and legislative powers of theauthority as provided by this chapter;
(2) as a municipal corporation, sue and be sued in its name;
(3) sell, lease, or otherwise contract for advertising in or on thefacilities of the authority;
(4) protect all property owned or managed by the board;
(5) adopt an annual budget;
(6) incur indebtedness in the name of the authority inaccordance with this chapter;
(7) acquire real, personal, or mixed property by deed, purchase,or lease and dispose of it for use in connection with or for
administrative purposes;
(8) receive gifts, donations, bequests, and public trusts, agree toconditions and terms accompanying them, and bind theauthority to carry them out;
(9) receive federal or state aid and administer that aid;
(10) erect the buildings or structures needed to administer andcarry out this chapter;
(11) determine matters of policy regarding internal organizationand operating procedures not specifically provided for by law;
(12) adopt a schedule of reasonable charges and rents, andcollect them from all users of facilities and services within thejurisdiction of the authority;
(13) purchase supplies, materials, and equipment to carry outthe duties and functions of the board, in accordance withprocedures adopted by the board and under applicable statutes;
(14) employ the personnel necessary to carry out the duties,functions, and powers of the board;
(15) sell any surplus or unneeded real and personal property inaccordance with procedures adopted by the board and underapplicable statutes;
(16) adopt rules governing the duties of its officers, employees,and personnel, and the internal management of the affairs of theboard;
(17) fix the compensation of the various officers and employeesof the authority, within the limitations of the total personalservices budget;
(18) purchase public transportation services from public orprivate transportation agencies upon the terms and conditionsset forth in purchase of service agreements between theauthority and the transportation agencies;
(19) acquire, establish, construct, improve, equip, operate,maintain, subsidize, and regulate public transportation systemswithin the jurisdiction of the authority;
(20) after receiving a request for assistance from a publictransportation system, enter into agreements with governmentagencies, political subdivisions, private transportationcompanies, railroads, and other persons providing for:
(A) construction, operation, and use by the other party of anypublic transportation system and equipment held or lateracquired by the authority; and
(B) acquisition of any public transportation system andequipment of another party if all or part of the operations ofthat party take place within the jurisdiction of the authority;
(21) rent or lease any real property, including air rights abovereal property owned or leased by a transportation system, fortransportation or other purposes, with the revenues from thoserentals to accrue to the authority and to be used exclusively forthe purposes of this chapter;
(22) negotiate and execute contracts of sale, purchase, or lease,or contracts for personal services, materials, supplies,
equipment, or passenger transportation services;
(23) establish at or near its terminals and stations the off-streetparking facilities and access roads that are necessary anddesirable, and charge fees for or allow free use of thosefacilities;
(24) enter into agreements with other persons for the purpose ofparticipating in transportation planning activities;
(25) administer any rail services or other use of railrights-of-way that may be the responsibility of state or localgovernment under the Federal Regional Rail ReorganizationAct of 1973, as amended (45 U.S.C. sections 701-794);
(26) determine the level and kind of public transportationservices that should be provided by the authority; and
(27) do all other acts necessary or reasonably incident tocarrying out the purposes of this chapter.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.9.
IC 36-9-3-14
Repealed
(Repealed by P.L.235-1997, SEC.18.)
IC 36-9-3-15
Standards for grants and purchase of service agreements;promotional programs
Sec. 15. (a) The board shall, to the extent it considers feasible,adopt uniform standards for the making of grants and purchase ofservice agreements. These grant contracts or purchase of serviceagreements may be for the number of years or duration agreed to bythe authority and the transportation agency.
(b) If the authority provides grants for operating expenses orparticipates in any purchase of service agreement, the purchase ofservice agreement or grant contract must state the level and nature offares or charges to be made for public transportation services, and thenature and standards of public transportation to be so provided. Inaddition, any purchase of service agreements or grant contracts mustprovide, among other matters, for:
(1) the terms or cost of transfers or interconnections betweendifferent public transportation agencies;
(2) schedules or routes of transportation service;
(3) changes that may be made in transportation service;
(4) the nature and condition of the facilities used in providingservice;
(5) the manner of collection and disposition of fares or charges;
(6) the records and reports to be kept and made concerningtransportation service; and
(7) interchangeable tickets or other coordinated or uniformmethods of collection of charges.
The authority shall also undertake programs to promote use of publictransportation and to provide ticket sales and passenger information.As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.10.
IC 36-9-3-16
Provision of public transportation service by authority; fares andstandards; discontinuance of service
Sec. 16. (a) The authority may provide public transportationservice by operating public transportation facilities only if the boardfinds that no public or private transportation agency or corporationis willing or able to provide public transportation service.
(b) The authority may enter into operating agreements with anyprivate or public person to operate transportation facilities on behalfof the authority only after the board has made an affirmative effortto seek out and encourage private owners and operators to providethe needed public transportation service.
(c) Whenever the authority provides any public transportationservice by operating public transportation facilities, it shall establishthe level and nature of fares or charges to be made for publictransportation services, and the nature and standards of publictransportation service to be provided within the jurisdiction of theauthority.
(d) If the fiscal body of any county receives notice that any publictransportation system intends to cease providing publictransportation service within the county, the fiscal body shallapprove or disapprove the cessation of service at its first regularmeeting after receiving the notice. Failure of the fiscal body to takeany action within thirty (30) days is considered to be approval of thecessation of service. If the fiscal body adopts a resolutiondisapproving the cessation of service, and the authority is negotiatingwith the public transportation system for continuation of servicewithin the county, the county shall join the negotiations andparticipate in any program that results in a continuation of publictransportation service within its boundaries.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.11.
IC 36-9-3-17
Acquisition and construction of transportation facilities
Sec. 17. At the request of the public transportation system servingthe territory of the authority, the authority may:
(1) construct or acquire any public transportation facility for useby the authority or any transportation agency; and
(2) acquire transportation facilities from any transportationagency, including:
(A) reserve funds;
(B) employees' pension or retirement funds;
(C) special funds;
(D) franchises;
(E) licenses;
(F) patents; (G) permits; and
(H) papers and records of the agency.
In making acquisitions from a transportation agency, the authoritymay assume the obligations of the agency regarding its property orpublic transportation operations.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-18
Acquisition of facilities within 100 yards of terminals
Sec. 18. The authority may acquire, improve, maintain, lease, andrent facilities, including air rights, that are within one hundred (100)yards of a terminal, station, or other facility of the authority. If thesefacilities generate revenues in excess of their cost to the authority,the authority must use the excess revenues to improve transportationservices or reduce fares for the public.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-19
Limitations and obligations of authority
Sec. 19. (a) In connection with any construction or acquisition, theauthority shall make relocation payments in the manner prescribedby IC 8-23-17.
(b) A private company lawfully providing public transportationservice within the territory of the authority when the authority isestablished may continue to operate the same route or routes andlevels of service as approved by the department of state revenue.
(c) Only the proceedings prescribed by this chapter are requiredin connection with the granting of franchise contracts provided forin this chapter.
(d) Notwithstanding section 13 of this chapter, the board may notact in a manner that would adversely affect a common carrier'sfreight operations.
(e) The board may not exercise the power of eminent domain.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.23-1988,SEC.119; P.L.18-1990, SEC.296; P.L.235-1997, SEC.12.
IC 36-9-3-20
Repealed
(Repealed by P.L.72-1988, SEC.10.)
IC 36-9-3-21
Collective bargaining agreements; authorization
Sec. 21. The authority shall deal with and enter into writtencontracts with its employees through accredited representatives ofthose employees or representatives of any labor organizationauthorized to act for those employees concerning wages, salaries,hours, working conditions, and pension or retirement provisions.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-22 Application of federal statutes to employees affected by actions ofauthority
Sec. 22. (a) The rights, benefits, and other employee protectiveconditions and remedies that:
(1) are set forth in Section 13(c) of the Urban MassTransportation Act of 1964, as amended (49 U.S.C. section1609(c)) and Section 405(b) of the Rail Passenger Service Actof 1970, as amended (45 U.S.C. section 565(b)); and
(2) are prescribed by the United States secretary of labor underthose statutes;
apply to employees of the authority and employees of any publictransportation agency affected by actions of the authority, includingthe acquisition and operation of public transportation facilities, theexecution of purchase of service agreements with a publictransportation agency, the coordination, reorganization, combining,leasing, or merging of operations or the expansion or curtailment ofpublic transportation service or facilities under this chapter.
(b) The authority may take any of the actions specified insubsection (a) only after meeting the requirements of this chapter. Inaddition, whenever the authority operates the public transportationfacilities of a public transportation agency engaged as of April 25,1975, in the transportation of persons by railroad, it may do so onlyin a manner that insures the continued applicability to the affectedrailroad employees of the federal statutes applicable on that date tothem and the continuation of their collective bargaining agreementsuntil those agreements can be renegotiated by representatives of theauthority and the representatives of those employees designatedunder the Railway Labor Act, as amended (45 U.S.C. sections151-188).
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.13.
IC 36-9-3-23
Employees; retention of benefits after action of authority
Sec. 23. An employee of the authority is entitled to at least thesame worker's compensation, pension, seniority, salary, wages, sickleave, vacation, health and welfare insurance, and other benefits thatthe employee enjoyed as an employee of the authority or of thepublic transportation agency before an action of the authority.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.28-1988,SEC.117; P.L.235-1997, SEC.14.
IC 36-9-3-24
Displacement of employees as a result of new facilities; selection ofemployees to perform work
Sec. 24. (a) Whenever the authority proposes to operate or to enterinto a contract to operate a new public transportation facility thatmay result in the displacement of employees or the rearrangement ofthe working forces of the authority or of a public transportationagency, the authority must give at least ninety (90) days' written
notice of the proposed operations to the representatives of theemployees affected.
(b) The authority must provide for the selection of forces toperform the work of the new facility on the basis of agreementbetween the authority and the representatives of the employeesaffected.
(c) Immediately after receipt of the notice, the representatives ofall parties interested in the intended changes shall agree on the dateand place of a conference for the purpose of reaching agreementsunder this section. The conference must begin within ten (10) daysafter receipt of the notice.
(d) If the parties fail to agree, the matter may be submitted by theauthority or by any representative of the employees affected to finaland binding arbitration by an impartial arbitrator to be selected bythe American Arbitration Association from a current listing ofarbitrators of the National Academy of Arbitrators.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.15.
IC 36-9-3-25
Labor disputes; arbitration procedure
Sec. 25. (a) If a labor dispute involving the authority and itsemployees is not governed by the Federal Labor ManagementRelations Act, as amended (29 U.S.C. sections 141-197 and 557), orby the Railway Labor Act, as amended (45 U.S.C. sections 151-188),the authority shall offer to submit the dispute to an arbitration teamcomposed of one (1) member appointed by the authority, one (1)member appointed by the labor organization representing theemployees, and one (1) member agreed upon by the labororganization and the authority. The member agreed upon by the labororganization and the authority shall serve as chairman of the team.The determination of the majority of the arbitration team is final andbinding on all matters in dispute.
(b) If within the first ten (10) days after the date of theappointment of the arbitrators representing the authority and thelabor organization, the third arbitrator has not been selected, theneither arbitrator may request the American Arbitration Associationto furnish from a current listing of the membership of the NationalAcademy of Arbitrators the names of seven (7) members of theNational Academy from which the third arbitrator shall be selected.After receipt of the list, the arbitrators appointed by the authority andthe labor organization shall promptly determine by lot the order ofelimination and then alternately eliminate one (1) name from the listat a time until only one (1) name remains. The remaining person onthe list is the third arbitrator.
(c) For purposes of this section, the term "labor dispute" shall bebroadly construed and includes any controversy regarding thecollective bargaining agreements and any grievance that may arise.
(d) Each party shall pay one-half (1/2) of the expenses ofarbitration under this section.As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-26
Pension systems and retirement benefits
Sec. 26. (a) The authority may:
(1) establish and maintain systems of pensions and retirementbenefits for the officers and employees of the authoritydesignated or described by resolution of the authority;
(2) fix the classifications in those systems;
(3) take the steps necessary to provide that persons eligible foradmission to the pension systems as officers and employees ofany other public transportation employer whose operations arefinanced in whole or in part by the authority retain eligibilityfor admission to or continued coverage and participation underTitle II of the federal Social Security Act, as amended (42U.S.C. sections 401-422), and the related provisions of theFederal Insurance Contributions Act, as amended (26 U.S.C.sections 3101-3125), or the federal Railroad Retirement Act (45U.S.C. sections 231-231t), as amended, and the relatedprovisions of the Railroad Retirement Tax Act, as amended (26U.S.C. sections 3201-3233), whichever is applicable; and
(4) provide in connection with the pension systems a system ofbenefits payable to the beneficiaries and dependents of anyparticipant in the pension systems after that participant's death,whether or not the death is accidental or occurs in theperformance of duty, and subject to the exceptions, conditions,restrictions, and classifications provided by resolution of theauthority.
(b) Pension systems established by the authority may be financedor funded in a manner that the authority finds to be economicallyfeasible.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-27
Acquisition of facilities from public transportation agency;obligations to employees
Sec. 27. (a) Whenever the authority acquires the publictransportation facilities of a public transportation agency andoperates those facilities, all employees engaged in the operation ofthe facilities shall be transferred to and appointed as employees ofthe authority, subject to all the rights and benefits of this chapter, andthe authority shall assume and observe all current labor contracts andpension obligations.
(b) The authority must give the employees of any publictransportation agency it acquires seniority credit, sick leave,vacation, insurance, and pension credits in accordance with therecords or labor agreements from the acquired transportation agency.Members and beneficiaries of any pension or retirement system orother system of benefits established by the acquired transportationagency continue to have rights, privileges, benefits, obligations, and
status under that system. The authority must assume the obligationsof the acquired public transportation agency regarding wages,salaries, hours, working conditions, sick leave, health and welfare,and pension or retirement provisions for employees.
(c) The authority must assume the provisions of any collectivebargaining agreement between a public transportation agencyacquired by the authority and the representative of the employees ofthe acquired agency. The authority and the employees, through theirrepresentatives for collective bargaining purposes, may takewhatever action is necessary to preserve the pension rights of theemployees, including the transfer of pension trust funds under thejoint control of the transportation agency and the participatingemployees through their representatives to the trust fund to beestablished, maintained, and administered jointly by the authorityand the participating employees through their representatives.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.16.
IC 36-9-3-28
Audits; accounting forms and records
Sec. 28. The state board of accounts shall:
(1) audit the records of the authority; and
(2) prescribe or approve all accounting forms and records usedby the authority.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-29
Annual budget
Sec. 29. The board shall prepare an annual budget for theauthority's operating and maintenance expenditures and necessarycapital expenditures. Each annual budget is subject to review andmodification by the:
(1) fiscal body of the county or municipality that establishes theauthority; and
(2) county board of tax adjustment and the department of localgovernment finance under IC 6-1.1-17.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.233-2001,SEC.2; P.L.90-2002, SEC.503; P.L.224-2007, SEC.132;P.L.146-2008, SEC.785.
IC 36-9-3-30
Payment of organizational expenses
Sec. 30. (a) The county or municipality that establishes theauthority shall pay the expenses incurred in the organization of theauthority; however, the amount of expenses paid may not exceed theamount for authority expenses set by the fiscal body of theestablishing county or municipality.
(b) If two (2) or more counties or municipalities cooperate toestablish the authority, the division of the costs incurred in theorganization must be included in the agreement entered into by the
counties or municipalities.
(c) The board shall, from time to time, certify the items of expenseto the county auditor, according to the terms of the agreement.
(d) The authority shall fully reimburse each county ormunicipality out of the first proceeds of any special taxes levied forthe purpose of this chapter.
As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997,SEC.17; P.L.233-2001, SEC.3.
IC 36-9-3-31
Repealed
(Repealed by P.L.182-2009(ss), SEC.469.)
IC 36-9-3-32
Acceptance of federal or other funds
Sec. 32. (a) The board may, on behalf of the authority, accept,receive, and receipt for federal monies and other public or privatemonies for the acquisition, construction, enlargement, improvement,maintenance, equipment, or operation of public transportationsystems under the jurisdiction of the authority. The board may alsocomply with federal statutes and rules concerning the expenditure offederal monies for public transportation systems.
(b) The board may apply to state and federal agencies for grantsfor public transportation development, make or executerepresentations, assurances, and contracts, enter into covenants andagreements with any state or federal agency relative to publictransportation systems, and comply with federal and state statutesand rules concerning the acquisition, development, operation, andadministration of public transportation systems.
As added by Acts 1981, P.L.309, SEC.76.
IC 36-9-3-33
Regulation by department of state revenue; administrative appealsand judicial review
Sec. 33. (a) This section does not apply to interurban or interstatepublic transportation service.
(b) Service provided by the authority within the territory of theauthority is exempt from regulation by the department of staterevenue under IC 8-2.1. This exemption applies to transportationservices provided by the authority directly or by grants or purchaseof service agreements.
(c) Service provided by the authority by contract or serviceagreements outside the territory of the authority is subject toregulation by the department of state revenue under IC 8-2.1.
(d) The department of state revenue shall hear appeals concerningany regulatory action of the authority concerning service and rates,and, after making a finding based on the requirements of IC 8-2.1,issue an appropriate order. Judicial review of the commissiondecision may be obtained in the manner prescribed by IC 4-21.5-5.
As added by P.L.99-1989, SEC.34.