CHAPTER 2. ESTABLISHMENT
IC 8-24-2
Chapter 2. Establishment
IC 8-24-2-1
Referenda on county membership
Sec. 1. (a) A public question on the creation of the northernIndiana regional transportation district and whether a county shouldbe included as a member shall be submitted to the registered votersof each of the following counties at a special election held onNovember 3, 2009, in the form prescribed by IC 3-10-9-4:
(1) Lake County.
(2) LaPorte County.
(3) Porter County.
(4) St. Joseph County.
(b) The public question on the creation of the district must statethe following:
"Shall there be created the northern Indiana regionaltransportation district under IC 8-24 to provide a regional railsystem serving Lake, Porter, LaPorte, and St. Joseph countiesand regional bus public transportation system serving Lake andPorter counties with (insert name of county) County becominga member of the district?".
(c) If a majority of those voting on the public question in at leasttwo (2) counties vote in favor of the creation of the district, thenorthern Indiana regional transportation district with a rail servicedivision and a bus service division is established.
(d) The district consists of all the incorporated and unincorporatedterritory in those counties where the majority of those voting on thepublic question vote in favor of the creation of the district. Each ofthese counties is a member of the district. A county remains amember of the district so long as the district exists.
(e) If a majority of those voting on the public question in a countydo not approve the creation of the district, the incorporated andunincorporated territory in the county is not part of the district andthe county is not a member of the district.
(f) If a majority of those voting on the public question in fewerthan two (2) counties approve the creation of the district, the districtis not created and this article has no effect.".
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-2
District established
Sec. 2. Subject to approval by the voters in a referendum undersection 1 of this chapter, the northern Indiana regional transportationdistrict is established to do the following:
(1) Review the strategic plans of each service division andrequire modifications to the plans to the extent that the boarddetermines necessary to eliminate duplication of services and toenhance the integration of public transportation throughout thedistrict territory. (2) Allocate revenues collected under IC 8-24-17 between theservice divisions.
(3) Receive the reports from the service divisions determined bythe board.
(4) Assist in the resolution of disputes between the servicedivisions brought to the board by either service division.
(5) Develop performance measures to evaluate and inform thepublic about the extent to which the provision of publictransportation in the district territory meets the goals,objectives, and standards established by each service division.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-3
Service division duties generally
Sec. 3. (a) Each service division of the district shall do thefollowing with respect to public transportation the service divisionprovides:
(1) Set goals, objectives, and standards for the division, asmodified by the board for the district under section 2(1) of thischapter.
(2) Adopt strategic plans for the division that provide adequate,efficient, and coordinated public transportation in the district,as modified under section 2(1) of this chapter.
(3) Coordinate with the other service division the provision ofpublic transportation and the investment in public transportationfacilities to enhance the integration of public transportationthroughout the district territory.
(4) Apply for and receive federal, state, county, and municipalfunds, or private contributions and disburse them for thepurposes of the service division.
(5) Use money received by the division to fund publictransportation systems provided by the service division.
(6) Enter into financing arrangements to establish, improve, andmaintain public transportation facilities operated by the servicedivision.
(7) Employ and enter into employment agreements with thepersonnel that the service division determines necessary tocarry out the responsibilities of the service division.
(8) On a continuing basis determine the level, nature, and kindof public transportation that should be provided within thedistrict territory to meet the plans, goals, objectives, andstandards adopted by the service division.
(9) Provide and operate public transportation systems within thescope of the responsibilities of the service division.
(b) The bus service board shall negotiate labor contracts withlabor unions representing employees of the bus service division.
(c) The commuter rail service board shall negotiate labor contractswith labor unions representing employees of the commuter railservice division.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-4
Commuter rail service division; merger
Sec. 4. The northern Indiana commuter transportation districtestablished under IC 8-5-15 is the commuter rail service division ofthe district to carry out the purposes of the northern Indianacommuter transportation district.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-5
Bus service division established
Sec. 5. A bus service division of the district is established toprovide a public transportation system in Lake and Porter counties(if the county is a member county) with the primary objective oftransporting passengers over public highways, streets, and roads.Except to the extent they are inconsistent with this article, IC 36-9-3(including IC 36-9-3-22, IC 36-9-3-23, IC 36-9-3-24, IC 36-9-3-25,IC 36-9-3-26, and IC 36-9-3-27) applies to the bus service board, thebus service division, and employees of the bus service division.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-6
Bus service division; consolidation of existing entity powers
Sec. 6. On January 1, 2010, subject to this article, the rights,powers, duties, personnel, liabilities, and obligations of the followingentities operating in the incorporated or unincorporated areas of LakeCounty or Porter County (if the county is a member county) aretransferred to the bus service division:
(1) An automated transit district established under IC 8-9.5-7.
(2) A regional transportation authority established underIC 36-9-3-2.
(3) A regional bus authority under IC 36-9-3-2(c).
(4) A public transportation corporation established underIC 36-9-4.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-7
Bus service division; consolidation of municipal publictransportation agency powers
Sec. 7. On January 1, 2010, subject to this article, the rights,powers, duties, personnel, liabilities, and obligations of amunicipality in Lake County or Porter County (if the county is amember county) to:
(1) provide a public transportation system in or outside themunicipality to transport passengers or property over a publichighway, street, or road; and
(2) establish and fund a public transportation agency (as definedin IC 36-9-1-5.5);
are transferred to the bus service division.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-8
Bus service division; authority to impose a property tax
Sec. 8. A transfer of powers under section 6 or 7 of this chapterto the bus service division authorizes the bus service division toimpose a property tax, including a property tax pledged beforeJanuary 1, 2010, to pay for bonds, loans, other obligations, or leaserentals related to a public transportation system in Lake County orPorter County (if the county is a member county). The property taxmay be imposed only in the area in which the property tax could havebeen imposed for property taxes first due and payable in 2010.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-9
Bus service division; right to receive certain delinquent propertytaxes
Sec. 9. Any delinquent property taxes imposed by the entitybefore January 1, 2010, and collected after December 31, 2009, fromlevies attributable to an appropriation for a public transportationsystem transferred to the bus service division or for a publictransportation agency (as defined in IC 36-9-1-5.5) shall bedistributed to the bus service division.
As added by P.L.182-2009(ss), SEC.282.