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 also
following version of this section, effective 1-1-2011.
Sec. 2. (a) A fiscal body of a county or municipality may, by
ordinance, establish a regional transportation authority (referred to
as "the authority" in this chapter) for the purpose of acquiring,
improving, operating, maintaining, financing, and generally
supporting a public transportation system that operates within the
boundaries of an area designated as a transportation planning district
by the Indiana department of transportation. However, only one (1)
public transportation authority may be established within an area
designated as a transportation planning district by the Indiana
department of transportation.
(b) The ordinance establishing the authority must include an
effective date and a name for the authority. Except as provided in
subsection (c), the words "regional transportation authority" must be
included in the name of the authority.
(c) The words "regional bus authority" must be included in the
name of an authority that includes a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred 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 or
transportation authority in certain counties
Note: This version of section effective 1-1-2011. See also
preceding version of this section, effective until 1-1-2011.
Sec. 2. (a) Except as provided in subsection (d), a fiscal body of
a county or municipality may, by ordinance, establish a regional
transportation authority (referred to as "the authority" in this chapter)
for the purpose of acquiring, improving, operating, maintaining,
financing, and generally supporting a public transportation system
that operates within the boundaries of an area designated as a
transportation planning district by the Indiana department of
transportation. However, only one (1) public transportation authority
may be established within an area designated as a transportation
planning district by the Indiana department of transportation.
(b) The ordinance establishing the authority must include an
effective date and a name for the authority. Except as provided in
subsection (c), the words "regional transportation authority" must be
included in the name of the authority.
(c) After December 31, 2009, this subsection applies if a county
is not a member of the northern Indiana regional transportation
district established under IC 8-24. The words "regional bus
authority" must be included in the name of an authority that includes
a 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 county
is a member of the northern Indiana regional transportation district
established under IC 8-24 and has a population of:
(1) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(2) more than one hundred forty-five thousand (145,000) but
less than one hundred forty-eight thousand (148,000).
In such a county the regional bus authority or regional transportation
authority, whichever applies, is abolished effective January 1, 2010.
After December 31, 2009, a regional transportation authority may not
be established by a fiscal body of such a county or a municipality in
such 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, the
authority may be expanded to include one (1) or more additional
counties or municipalities within the same planning district if
resolutions approving the expansion are adopted by the fiscal bodies
of:
(1) the counties or municipalities to be added to the authority;
and
(2) a majority of the counties and municipalities already in the
authority.
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 public
transportation corporation
Sec. 3.1. If an existing public transportation corporation operates
within the boundaries of an authority established under section 2 or
3 of this chapter, the legislative body that established the public
transportation corporation may adopt an ordinance to shift any of the
powers 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 of
more than one hundred ten thousand (110,000) but less than one
hundred fifteen thousand (115,000) and any second class city located
in the county.
(b) A county or city described in subsection (a) shall become a
member of an authority described in section 5(c) of this chapter if the
fiscal body of the county or city adopts a resolution authorizing the
county or city to become a member of the authority and the board of
the 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 that
the county or municipality should be removed from the authority, it
shall adopt a resolution favoring the removal of that county or
municipality from the authority. The resolution must establish a date
upon which the membership ceases, but that date must be at least six
(6) months after the date of the adoption of the resolution. Removal
of the county or municipality from the authority does not relieve the
county or municipality from any obligations incurred on the county's
or municipality's behalf by the authority while the county or
municipality 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 (referred
to as "the board" in this chapter) that, except as provided in
subsections (b) and (c), consists of:
(1) two (2) members appointed by the executive of each county
in the authority;
(2) one (1) member appointed by the executive of the largest
municipality in each county in the authority;
(3) one (1) member appointed by the executive of each second
class city in a county in the authority; and
(4) one (1) member from any other political subdivision that has
public transportation responsibilities in a county in the
authority.
(b) An authority that includes a consolidated city is under the
control of a board consisting of the following:
(1) Two (2) members appointed by the executive of the county
having the consolidated city.
(2) One (1) member appointed by the board of commissioners
of 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 of
at least five (5) names provided by the Indianapolis regional
transportation council.
(5) One (1) member representing the four (4) largest
municipalities in the authority located in a county other than a
county containing a consolidated city. The member shall be
appointed by the executives of the municipalities acting jointly.
(6) One (1) member representing the excluded cities located in
a county containing a consolidated city that are members of the
authority. The member shall be appointed by the executives of
the excluded cities acting jointly.
(7) One (1) member of a labor organization representing
employees of the authority who provide public transportation
services within the geographic jurisdiction of the authority. The
labor organization shall appoint the member.
(c) After December 31, 2009, this subsection applies if both a
county having a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000) and a
county having a population of more than one hundred forty-five
thousand (145,000) but less than one hundred forty-eight thousand
(148,000) are not members of the northern Indiana regional
transportation district established under IC 8-24. An authority that
includes a county having a population of more than four hundred
thousand (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 with
a population of more than ninety thousand (90,000) but less
than one hundred five thousand (105,000).
(2) Two (2) members appointed by the executive of a city with
a population of more than seventy-five thousand (75,000) but
less than ninety thousand (90,000).
(3) One (1) member jointly appointed by the executives of the
following municipalities located within a county having a
population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000):
(A) A city with a population of more than five thousand one
hundred thirty-five (5,135) but less than five thousand two
hundred (5,200).
(B) A city with a population of more than thirty-two
thousand (32,000) but less than thirty-two thousand eight
hundred (32,800).
(4) One (1) member who is jointly appointed by the fiscal body
of the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but
less 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 body
of the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but
less 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-four
thousand (24,000) but less than thirty thousand (30,000).
(C) A town with a population of more than twelve thousand
five hundred (12,500) but less than fifteen thousand
(15,000).
(6) One (1) member who is jointly appointed by the following
authorities of municipalities located in a county having a
population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000):
(A) The executive of a city with a population of more than
nineteen thousand eight hundred (19,800) but less than
twenty-one thousand (21,000).
(B) The fiscal body of a town with a population of more than
nine thousand (9,000) but less than twelve thousand five
hundred (12,500).
(C) The fiscal body of a town with a population of more than
five thousand (5,000) but less than eight thousand (8,000).
(D) The fiscal body of a town with a population of less than
one thousand five hundred (1,500).
(E) The fiscal body of a town with a population of more than
two thousand two hundred (2,200) but less than five
thousand (5,000).
(7) One (1) member appointed by the fiscal body of a town with
a population of more than thirty thousand (30,000) located
within a county with a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(8) One (1) member who is jointly appointed by the following
authorities of municipalities that are located within a county
with 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 than
twenty-five thousand (25,000) but less than twenty-seven
thousand (27,000).
(B) The executive of a city having a population of more than
thirteen thousand nine hundred (13,900) but less than
fourteen thousand two hundred (14,200).
(C) The fiscal body of a town having a population of more
than one thousand five hundred (1,500) but less than two
thousand two hundred (2,200).
(9) Three (3) members appointed by the fiscal body of a county
with 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 a
county 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 representing
employees of the authority who provide public transportation
services within the geographic jurisdiction of the authority. The
labor 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 of
names submitted by the organizations.
(12) The executive of a city with a population of more than
twenty-seven thousand four hundred (27,400) but less than
twenty-eight thousand (28,000), located within a county with a
population 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 than
thirty-three thousand (33,000) but less than thirty-six thousand
(36,000), located within a county with a population 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.
(14) One (1) member of the board of commissioners of a county
with 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 the
member's designee.
(15) One (1) member appointed jointly by the township
executive 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 a
resident of a town listed in this subdivision.
(16) One (1) member appointed jointly by the township
executives 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 a
resident of a township listed in this subdivision.
If a county or city becomes a member of the authority under section
3.5 of this chapter, the executive of the county or city shall appoint
one (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 appointments
required by section 5 of this chapter must be made as soon as is
practical, but not later than sixty (60) days after the adoption of the
ordinance establishing the authority. If any appointing authority fails
to make the required appointment within the sixty (60) day time
limit, the circuit court from the jurisdiction of the appointing
authority 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 county
with a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000), if
such 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 the
office. A member may be reappointed for successive terms.
(c) A member of the board serves at the pleasure of the appointing
authority.
(d) An appointment to an authority located in a county with a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000), if such an authority exists
under this chapter, must be made not later than sixty (60) days after
the adoption of the ordinance establishing the authority, or for the
purpose of reappointments, sixty (60) days after a scheduled
reappointment. If the appointing authority designated in section
5(c)(3), 5(c)(4), 5(c)(5), 5(c)(6), or 5(c)(8) of this chapter fails to
make an appointment, the appointment shall be made by the
governor. If a county or city becomes a member of the authority
under section 3.5 of this chapter and the executive of the county or
city fails to make an appointment to the board within sixty (60) days
after the county or city becomes a member of the authority, the
appointment shall be made by the governor. The governor shall
select an individual from a list comprised of one (1) name from each
appointing 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 is
practical, but not later than ninety (90) days after the authority is
established, the members shall meet and organize themselves as a
board.
(b) Except as provided in subsection (f), At its first meeting, and
annually after that, the board shall elect from its members a
president, a vice president who shall perform the duties of the
president during the absence or disability of the president, a
secretary, and a treasurer. If the authority includes more than one (1)
county, the president and vice president must be from different
counties.
(c) The regional planning commission staff or the metropolitan
planning organization if the authority includes a consolidated city
shall serve as staff to the board secretary for the purpose of recording
the minutes of all board meetings and keeping the records of the
authority.
(d) The board shall keep its maps, plans, documents, records, and
accounts in a suitable office, subject to public inspection at all
reasonable times.
(e) After December 31, 2009, this subsection applies if a county
is not a member of the northern Indiana regional transportation
district established under IC 8-24. If the authority includes a county
having a population of more than four hundred thousand (400,000)
but less than seven hundred thousand (700,000), the first meeting of
the board shall be at the call of the county council of the county
having a population of more than four hundred thousand (400,000)
but less than seven hundred thousand (700,000). The president of the
county council shall preside over the first meeting until the officers
of the board have been elected.
(f) After December 31, 2009, this subsection applies if a county
is not a member of the northern Indiana regional transportation
district established under IC 8-24. If the authority includes a county
having a population of more than four hundred thousand (400,000)
but less than seven hundred thousand (700,000), the board shall first
meet in January. At the first meeting the board shall elect from its
members a president, a vice president who shall perform the duties
of the president during the absence or disability of the president, a
secretary, a treasurer, and any other officers the board determines are
necessary 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 holding
regular meetings, and it must meet at least once during each calendar
quarter 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 the
secretary. The secretary must send to all members, at least forty-eight
(48) hours in advance of a special meeting, a written notice fixing the
time and place of the meeting. Written notice of a special meeting is
not required if the time of the special meeting has been fixed in a
regular 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 board
constitutes a quorum for a meeting.
(b) Except as provided in subsection (c), The board may act
officially by an affirmative vote of a majority of those present at the
meeting at which the action is taken.
(c) After December 31, 2009, this subsection applies if a county
is not a member of the northern Indiana regional transportation
district established under IC 8-24. If the authority includes a county
having 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 necessary
for an action to be taken; and
(2) a vacancy in membership does not impair the right of a
quorum to exercise all rights and perform all duties of the
board.
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 of
the board are not entitled to a salary but are entitled to an allowance
for actual expenses and mileage at the same rate as other county
officials.
(b) After December 31, 2009, this subsection applies if a county
is not a member of the northern Indiana regional transportation
district established under IC 8-24. If the authority includes a county
having a population of more than four hundred thousand (400,000)
but less than seven hundred thousand (700,000), a member of the
board is entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties as
provided:
(1) in the procedures established by the department of
administration and approved by the budget agency for state
employee 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 be
executive director of the authority. The executive director is the chief
executive 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 controller
for the authority.
(b) The controller shall give bond in the sum and with the
conditions prescribed by the board, and with surety to the approval
of the board. The bond must be filed and recorded in the office of the
county recorder for the county in which the office of the authority is
located.
(c) The term of office of the controller is one (1) year, and he may
be appointed for additional terms of one (1) year each.
(d) All money payable to the authority must be paid to the
controller, who shall deposit it in the manner prescribed by
IC 5-13-6. The money deposited may be invested under the
applicable statutes, including IC 5-13-9.
(e) The controller shall keep an accurate account of all
appropriations made and all taxes levied by the authority, all money
owing or due to the authority, and all money received and disbursed.
(f) The board may authorize the controller to pay a per diem in
advance to a public transportation employee or board member who
will attend a training session or other special meeting required as a
duty 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 the
authority 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 the
facilities 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 in
accordance 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 to
conditions and terms accompanying them, and bind the
authority to carry them out;
(9) receive federal or state aid and administer that aid;
(10) erect the buildings or structures needed to administer and
carry out this chapter;
(11) determine matters of policy regarding internal organization
and operating procedures not specifically provided for by law;
(12) adopt a schedule of reasonable charges and rents, and
collect them from all users of facilities and services within the
jurisdiction of the authority;
(13) purchase supplies, materials, and equipment to carry out
the duties and functions of the board, in accordance with
procedures 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 in
accordance with procedures adopted by the board and under
applicable statutes;
(16) adopt rules governing the duties of its officers, employees,
and personnel, and the internal management of the affairs of the
board;
(17) fix the compensation of the various officers and employees
of the authority, within the limitations of the total personal
services budget;
(18) purchase public transportation services from public or
private transportation agencies upon the terms and conditions
set forth in purchase of service agreements between the
authority and the transportation agencies;
(19) acquire, establish, construct, improve, equip, operate,
maintain, subsidize, and regulate public transportation systems
within the jurisdiction of the authority;
(20) after receiving a request for assistance from a public
transportation system, enter into agreements with government
agencies, political subdivisions, private transportation
companies, railroads, and other persons providing for:
(A) construction, operation, and use by the other party of any
public transportation system and equipment held or later
acquired by the authority; and
(B) acquisition of any public transportation system and
equipment of another party if all or part of the operations of
that party take place within the jurisdiction of the authority;
(21) rent or lease any real property, including air rights above
real property owned or leased by a transportation system, for
transportation or other purposes, with the revenues from those
rentals to accrue to the authority and to be used exclusively for
the 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-street
parking facilities and access roads that are necessary and
desirable, and charge fees for or allow free use of those
facilities;
(24) enter into agreements with other persons for the purpose of
participating in transportation planning activities;
(25) administer any rail services or other use of rail
rights-of-way that may be the responsibility of state or local
government under the Federal Regional Rail Reorganization
Act of 1973, as amended (45 U.S.C. sections 701-794);
(26) determine the level and kind of public transportation
services that should be provided by the authority; and
(27) do all other acts necessary or reasonably incident to
carrying 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 of
service agreements. These grant contracts or purchase of service
agreements may be for the number of years or duration agreed to by
the authority and the transportation agency.
(b) If the authority provides grants for operating expenses or
participates in any purchase of service agreement, the purchase of
service agreement or grant contract must state the level and nature of
fares or charges to be made for public transportation services, and the
nature and standards of public transportation to be so provided. In
addition, any purchase of service agreements or grant contracts must
provide, among other matters, for:
(1) the terms or cost of transfers or interconnections between
different 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 providing
service;
(5) the manner of collection and disposition of fares or charges;
(6) the records and reports to be kept and made concerning
transportation service; and
(7) interchangeable tickets or other coordinated or uniform
methods of collection of charges.
The authority shall also undertake programs to promote use of public
transportation 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 and
standards; discontinuance of service
Sec. 16. (a) The authority may provide public transportation
service by operating public transportation facilities only if the board
finds that no public or private transportation agency or corporation
is willing or able to provide public transportation service.
(b) The authority may enter into operating agreements with any
private or public person to operate transportation facilities on behalf
of the authority only after the board has made an affirmative effort
to seek out and encourage private owners and operators to provide
the needed public transportation service.
(c) Whenever the authority provides any public transportation
service by operating public transportation facilities, it shall establish
the level and nature of fares or charges to be made for public
transportation services, and the nature and standards of public
transportation service to be provided within the jurisdiction of the
authority.
(d) If the fiscal body of any county receives notice that any public
transportation system intends to cease providing public
transportation service within the county, the fiscal body shall
approve or disapprove the cessation of service at its first regular
meeting after receiving the notice. Failure of the fiscal body to take
any action within thirty (30) days is considered to be approval of the
cessation of service. If the fiscal body adopts a resolution
disapproving the cessation of service, and the authority is negotiating
with the public transportation system for continuation of service
within the county, the county shall join the negotiations and
participate in any program that results in a continuation of public
transportation 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 serving
the territory of the authority, the authority may:
(1) construct or acquire any public transportation facility for use
by the authority or any transportation agency; and
(2) acquire transportation facilities from any transportation
agency, 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 authority
may assume the obligations of the agency regarding its property or
public 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, and
rent facilities, including air rights, that are within one hundred (100)
yards of a terminal, station, or other facility of the authority. If these
facilities generate revenues in excess of their cost to the authority,
the authority must use the excess revenues to improve transportation
services 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, the
authority shall make relocation payments in the manner prescribed
by IC 8-23-17.
(b) A private company lawfully providing public transportation
service within the territory of the authority when the authority is
established may continue to operate the same route or routes and
levels of service as approved by the department of state revenue.
(c) Only the proceedings prescribed by this chapter are required
in connection with the granting of franchise contracts provided for
in this chapter.
(d) Notwithstanding section 13 of this chapter, the board may not
act in a manner that would adversely affect a common carrier's
freight 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 written
contracts with its employees through accredited representatives of
those employees or representatives of any labor organization
authorized 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 of
authority
Sec. 22. (a) The rights, benefits, and other employee protective
conditions and remedies that:
(1) are set forth in Section 13(c) of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. section
1609(c)) and Section 405(b) of the Rail Passenger Service Act
of 1970, as amended (45 U.S.C. section 565(b)); and
(2) are prescribed by the United States secretary of labor under
those statutes;
apply to employees of the authority and employees of any public
transportation agency affected by actions of the authority, including
the acquisition and operation of public transportation facilities, the
execution of purchase of service agreements with a public
transportation agency, the coordination, reorganization, combining,
leasing, or merging of operations or the expansion or curtailment of
public transportation service or facilities under this chapter.
(b) The authority may take any of the actions specified in
subsection (a) only after meeting the requirements of this chapter. In
addition, whenever the authority operates the public transportation
facilities of a public transportation agency engaged as of April 25,
1975, in the transportation of persons by railroad, it may do so only
in a manner that insures the continued applicability to the affected
railroad employees of the federal statutes applicable on that date to
them and the continuation of their collective bargaining agreements
until those agreements can be renegotiated by representatives of the
authority and the representatives of those employees designated
under the Railway Labor Act, as amended (45 U.S.C. sections
151-188).
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 the
same worker's compensation, pension, seniority, salary, wages, sick
leave, vacation, health and welfare insurance, and other benefits that
the employee enjoyed as an employee of the authority or of the
public 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 of
employees to perform work
Sec. 24. (a) Whenever the authority proposes to operate or to enter
into a contract to operate a new public transportation facility that
may result in the displacement of employees or the rearrangement of
the working forces of the authority or of a public transportation
agency, the authority must give at least ninety (90) days' written
notice of the proposed operations to the representatives of the
employees affected.
(b) The authority must provide for the selection of forces to
perform the work of the new facility on the basis of agreement
between the authority and the representatives of the employees
affected.
(c) Immediately after receipt of the notice, the representatives of
all parties interested in the intended changes shall agree on the date
and place of a conference for the purpose of reaching agreements
under this section. The conference must begin within ten (10) days
after receipt of the notice.
(d) If the parties fail to agree, the matter may be submitted by the
authority or by any representative of the employees affected to final
and binding arbitration by an impartial arbitrator to be selected by
the American Arbitration Association from a current listing of
arbitrators 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 its
employees is not governed by the Federal Labor Management
Relations Act, as amended (29 U.S.C. sections 141-197 and 557), or
by the Railway Labor Act, as amended (45 U.S.C. sections 151-188),
the authority shall offer to submit the dispute to an arbitration team
composed of one (1) member appointed by the authority, one (1)
member appointed by the labor organization representing the
employees, and one (1) member agreed upon by the labor
organization and the authority. The member agreed upon by the labor
organization and the authority shall serve as chairman of the team.
The determination of the majority of the arbitration team is final and
binding on all matters in dispute.
(b) If within the first ten (10) days after the date of the
appointment of the arbitrators representing the authority and the
labor organization, the third arbitrator has not been selected, then
either arbitrator may request the American Arbitration Association
to furnish from a current listing of the membership of the National
Academy of Arbitrators the names of seven (7) members of the
National Academy from which the third arbitrator shall be selected.
After receipt of the list, the arbitrators appointed by the authority and
the labor organization shall promptly determine by lot the order of
elimination and then alternately eliminate one (1) name from the list
at a time until only one (1) name remains. The remaining person on
the list is the third arbitrator.
(c) For purposes of this section, the term "labor dispute" shall be
broadly construed and includes any controversy regarding the
collective bargaining agreements and any grievance that may arise.
(d) Each party shall pay one-half (1/2) of the expenses of
arbitration 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 retirement
benefits for the officers and employees of the authority
designated or described by resolution of the authority;
(2) fix the classifications in those systems;
(3) take the steps necessary to provide that persons eligible for
admission to the pension systems as officers and employees of
any other public transportation employer whose operations are
financed in whole or in part by the authority retain eligibility
for admission to or continued coverage and participation under
Title II of the federal Social Security Act, as amended (42
U.S.C. sections 401-422), and the related provisions of the
Federal Insurance Contributions Act, as amended (26 U.S.C.
sections 3101-3125), or the federal Railroad Retirement Act (45
U.S.C. sections 231-231t), as amended, and the related
provisions of the Railroad Retirement Tax Act, as amended (26
U.S.C. sections 3201-3233), whichever is applicable; and
(4) provide in connection with the pension systems a system of
benefits payable to the beneficiaries and dependents of any
participant in the pension systems after that participant's death,
whether or not the death is accidental or occurs in the
performance of duty, and subject to the exceptions, conditions,
restrictions, and classifications provided by resolution of the
authority.
(b) Pension systems established by the authority may be financed
or funded in a manner that the authority finds to be economically
feasible.
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 public
transportation facilities of a public transportation agency and
operates those facilities, all employees engaged in the operation of
the facilities shall be transferred to and appointed as employees of
the authority, subject to all the rights and benefits of this chapter, and
the authority shall assume and observe all current labor contracts and
pension obligations.
(b) The authority must give the employees of any public
transportation agency it acquires seniority credit, sick leave,
vacation, insurance, and pension credits in accordance with the
records or labor agreements from the acquired transportation agency.
Members and beneficiaries of any pension or retirement system or
other system of benefits established by the acquired transportation
agency continue to have rights, privileges, benefits, obligations, and
status under that system. The authority must assume the obligations
of 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 collective
bargaining agreement between a public transportation agency
acquired by the authority and the representative of the employees of
the acquired agency. The authority and the employees, through their
representatives for collective bargaining purposes, may take
whatever action is necessary to preserve the pension rights of the
employees, including the transfer of pension trust funds under the
joint control of the transportation agency and the participating
employees through their representatives to the trust fund to be
established, maintained, and administered jointly by the authority
and 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 used
by 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 the
authority's operating and maintenance expenditures and necessary
capital expenditures. Each annual budget is subject to review and
modification by the:
(1) fiscal body of the county or municipality that establishes the
authority; and
(2) county board of tax adjustment and the department of local
government 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 the
authority shall pay the expenses incurred in the organization of the
authority; however, the amount of expenses paid may not exceed the
amount for authority expenses set by the fiscal body of the
establishing county or municipality.
(b) If two (2) or more counties or municipalities cooperate to
establish the authority, the division of the costs incurred in the
organization 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 expense
to the county auditor, according to the terms of the agreement.
(d) The authority shall fully reimburse each county or
municipality out of the first proceeds of any special taxes levied for
the 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 private
monies for the acquisition, construction, enlargement, improvement,
maintenance, equipment, or operation of public transportation
systems under the jurisdiction of the authority. The board may also
comply with federal statutes and rules concerning the expenditure of
federal monies for public transportation systems.
(b) The board may apply to state and federal agencies for grants
for public transportation development, make or execute
representations, assurances, and contracts, enter into covenants and
agreements with any state or federal agency relative to public
transportation systems, and comply with federal and state statutes
and rules concerning the acquisition, development, operation, and
administration 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 appeals
and judicial review
Sec. 33. (a) This section does not apply to interurban or interstate
public transportation service.
(b) Service provided by the authority within the territory of the
authority is exempt from regulation by the department of state
revenue under IC 8-2.1. This exemption applies to transportation
services provided by the authority directly or by grants or purchase
of service agreements.
(c) Service provided by the authority by contract or service
agreements outside the territory of the authority is subject to
regulation by the department of state revenue under IC 8-2.1.
(d) The department of state revenue shall hear appeals concerning
any 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 commission
decision may be obtained in the manner prescribed by IC 4-21.5-5.
As added by P.L.99-1989, SEC.34.