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 northern
Indiana regional transportation district and whether a county should
be included as a member shall be submitted to the registered voters
of each of the following counties at a special election held on
November 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 state
the following:
"Shall there be created the northern Indiana regional
transportation district under IC 8-24 to provide a regional rail
system serving Lake, Porter, LaPorte, and St. Joseph counties
and regional bus public transportation system serving Lake and
Porter counties with (insert name of county) County becoming
a member of the district?".
(c) If a majority of those voting on the public question in at least
two (2) counties vote in favor of the creation of the district, the
northern Indiana regional transportation district with a rail service
division and a bus service division is established.
(d) The district consists of all the incorporated and unincorporated
territory in those counties where the majority of those voting on the
public question vote in favor of the creation of the district. Each of
these counties is a member of the district. A county remains a
member of the district so long as the district exists.
(e) If a majority of those voting on the public question in a county
do not approve the creation of the district, the incorporated and
unincorporated territory in the county is not part of the district and
the county is not a member of the district.
(f) If a majority of those voting on the public question in fewer
than two (2) counties approve the creation of the district, the district
is 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 under
section 1 of this chapter, the northern Indiana regional transportation
district is established to do the following:
(1) Review the strategic plans of each service division and
require modifications to the plans to the extent that the board
determines necessary to eliminate duplication of services and to
enhance the integration of public transportation throughout the
district territory.
(2) Allocate revenues collected under IC 8-24-17 between the
service divisions.
(3) Receive the reports from the service divisions determined by
the board.
(4) Assist in the resolution of disputes between the service
divisions brought to the board by either service division.
(5) Develop performance measures to evaluate and inform the
public about the extent to which the provision of public
transportation 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 the
following with respect to public transportation the service division
provides:
(1) Set goals, objectives, and standards for the division, as
modified by the board for the district under section 2(1) of this
chapter.
(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 of
public transportation and the investment in public transportation
facilities to enhance the integration of public transportation
throughout the district territory.
(4) Apply for and receive federal, state, county, and municipal
funds, or private contributions and disburse them for the
purposes of the service division.
(5) Use money received by the division to fund public
transportation systems provided by the service division.
(6) Enter into financing arrangements to establish, improve, and
maintain public transportation facilities operated by the service
division.
(7) Employ and enter into employment agreements with the
personnel that the service division determines necessary to
carry out the responsibilities of the service division.
(8) On a continuing basis determine the level, nature, and kind
of public transportation that should be provided within the
district territory to meet the plans, goals, objectives, and
standards adopted by the service division.
(9) Provide and operate public transportation systems within the
scope of the responsibilities of the service division.
(b) The bus service board shall negotiate labor contracts with
labor unions representing employees of the bus service division.
(c) The commuter rail service board shall negotiate labor contracts
with labor unions representing employees of the commuter rail
service 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 district
established under IC 8-5-15 is the commuter rail service division of
the district to carry out the purposes of the northern Indiana
commuter 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 to
provide a public transportation system in Lake and Porter counties
(if the county is a member county) with the primary objective of
transporting 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, the
bus 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 following
entities operating in the incorporated or unincorporated areas of Lake
County or Porter County (if the county is a member county) are
transferred to the bus service division:
(1) An automated transit district established under IC 8-9.5-7.
(2) A regional transportation authority established under
IC 36-9-3-2.
(3) A regional bus authority under IC 36-9-3-2(c).
(4) A public transportation corporation established under
IC 36-9-4.
As added by P.L.182-2009(ss), SEC.282.
IC 8-24-2-7
Bus service division; consolidation of municipal public
transportation agency powers
Sec. 7. On January 1, 2010, subject to this article, the rights,
powers, duties, personnel, liabilities, and obligations of a
municipality in Lake County or Porter County (if the county is a
member county) to:
(1) provide a public transportation system in or outside the
municipality to transport passengers or property over a public
highway, street, or road; and
(2) establish and fund a public transportation agency (as defined
in 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 chapter
to the bus service division authorizes the bus service division to
impose a property tax, including a property tax pledged before
January 1, 2010, to pay for bonds, loans, other obligations, or lease
rentals related to a public transportation system in Lake County or
Porter County (if the county is a member county). The property tax
may be imposed only in the area in which the property tax could have
been 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 property
taxes
Sec. 9. Any delinquent property taxes imposed by the entity
before January 1, 2010, and collected after December 31, 2009, from
levies attributable to an appropriation for a public transportation
system transferred to the bus service division or for a public
transportation agency (as defined in IC 36-9-1-5.5) shall be
distributed to the bus service division.
As added by P.L.182-2009(ss), SEC.282.