Citations Affected: IC 4-4; IC 5-1.5; IC 5-11; IC 6-3.5; IC 34-6;
IC 34-13; IC 36-9; IC 36-9.1.
Synopsis: Public mass transportation. Specifies that a county or city
council (other than the city-county council of Marion County) may
elect by ordinance to provide revenue to a public transportation
corporation from the city's or the county's distributive share of county
adjusted gross income taxes, county option income taxes, or county
economic development income taxes. Authorizes the establishment of
a metropolitan transit district by specified eligible counties through
local public questions and provides for an appointed board to govern
the metropolitan transit district. Authorizes the metropolitan transit
district to: (1) construct or acquire any public transportation facility; (2)
provide public transportation service by operating public transportation
facilities; and (3) issue bonds and otherwise incur indebtedness.
Authorizes the Indiana finance authority to issue bonds and use the
proceeds to acquire any obligations issued by a metropolitan transit
district. Provides that in a county that has approved the local public
question, an additional county economic development income tax
(CEDIT) rate of not more than 0.3% may be imposed to pay the
county's contribution to the funding of the metropolitan transit district.
Specifies that the CEDIT rate may not exceed the recommended tax.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Roads and Transportation.
January 31, 2013, amended, reported _ Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 18, 2013, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
under IC.8-24-6; and
(4) issue bonds under terms and conditions determined by the
authority and use the proceeds of the bonds to acquire any
obligations issued by a metropolitan transit district
established under IC 36-9.1-2.
section, "attributed allocation amount" of a civil taxing unit for a
calendar year means the sum of:
(1) the allocation amount of the civil taxing unit for that calendar
year; plus
(2) the current ad valorem property tax levy of any special taxing
district, authority, board, or other entity formed to discharge
governmental services or functions on behalf of or ordinarily
attributable to the civil taxing unit; plus
(3) in the case of a county, an amount equal to the welfare
allocation amount.
The welfare allocation amount is an amount equal to the sum of the
property taxes imposed by the county in 1999 for the county's welfare
fund and welfare administration fund and, if the county received a
certified distribution under this chapter or IC 6-3.5-6 in 2008, the
property taxes imposed by the county in 2008 for the county's county
medical assistance to wards fund, family and children's fund, children's
psychiatric residential treatment services fund, county hospital care for
the indigent fund, and children with special health care needs county
fund.
(b) The part of a county's certified distribution that is to be used as
certified shares shall be allocated only among the county's civil taxing
units. Each civil taxing unit of a county is entitled to receive a certified
share during a calendar year in an amount determined in STEP TWO
of the following formula:
STEP ONE: Divide:
(A) the attributed allocation amount of the civil taxing unit
during that calendar year; by
(B) the sum of the attributed allocation amounts of all the civil
taxing units of the county during that calendar year.
STEP TWO: Multiply the part of the county's certified
distribution that is to be used as certified shares by the STEP
ONE amount.
(c) The department of local government finance shall determine the
attributed levies of civil taxing units that are entitled to receive certified
shares during a calendar year. If the ad valorem property tax levy of
any special taxing district, authority, board, or other entity is attributed
to another civil taxing unit under subsection (a)(2), then the special
taxing district, authority, board, or other entity shall not be treated as
having an attributed allocation amount of its own. The department of
local government finance shall certify the attributed allocation amounts
to the appropriate county auditor. The county auditor shall then allocate
the certified shares among the civil taxing units of the auditor's county.
subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing the
amount to be distributed as distributive shares under subsection (e) by
the amount of distributive shares allocated under subsection (g) for that
same month. The department of local government finance shall make
any adjustments required by this subsection and provide them to the
appropriate county auditors.
(i) Notwithstanding any other law, a county fiscal body may pledge
revenues received under this chapter (other than revenues attributable
to a tax rate imposed under section 30, 31, or 32 of this chapter) to the
payment of bonds or lease rentals to finance a qualified economic
development tax project under IC 36-7-27 in that county or in any other
county if the county fiscal body determines that the project will
promote significant opportunities for the gainful employment or
retention of employment of the county's residents.
its fiscal body may distribute any revenue it receives under this chapter
to any governmental entity located in its county except an excluded
city, a township, or a school corporation.
property taxes first due and payable in the year immediately following
the year in which the ordinance is adopted.
(e) The power granted by this chapter to adopt an ordinance
imposing a tax rate under section 23.5 of this chapter may be
exercised at any time in a year. Subsection (b) applies to the
effective date of an ordinance adopted under section 23.5 of this
chapter. In addition, an ordinance adopted under section 23.5 of
this chapter after October 31 of a year and before the following
January 1 takes effect on the later of:
(1) December 15 of the year; or
(2) thirty (30) days after the ordinance is adopted.
chapter, the county economic development income tax rate plus the
county adjusted gross income tax rate, if any, that are in effect on
January 1 of a year may not exceed one and twenty-five hundredths
percent (1.25%). Except as provided in this section and section 23.5
of this chapter, the county economic development tax rate plus the
county option income tax rate, if any, that are in effect on January 1 of
a year may not exceed one percent (1%).
(d) To impose, increase, decrease, or rescind the county economic
development income tax, the appropriate body must adopt an
ordinance.
(e) The ordinance to impose the tax must substantially state the
following:
"The ________ County _________ imposes the county economic
development income tax on the county taxpayers of _________
County. The county economic development income tax is imposed at
a rate of _________ percent (____%) on the county taxpayers of the
county.".
(f) The auditor of a county shall record all votes taken on ordinances
presented for a vote under the authority of this chapter and shall, not
more than ten (10) days after the vote, send a certified copy of the
results to the commissioner of the department, the director of the
budget agency, and the commissioner of the department of local
government finance by certified mail or in an electronic format
approved by the director of the budget agency.
(g) For Jackson County, except as provided in subsection (o), the
county economic development income tax rate plus the county adjusted
gross income tax rate that are in effect on January 1 of a year may not
exceed one and thirty-five hundredths percent (1.35%) if the county has
imposed the county adjusted gross income tax at a rate of one and
one-tenth percent (1.1%) under IC 6-3.5-1.1-2.5.
(h) For Pulaski County, except as provided in subsection (o), the
county economic development income tax rate plus the county adjusted
gross income tax rate that are in effect on January 1 of a year may not
exceed one and fifty-five hundredths percent (1.55%).
(i) For Wayne County, except as provided in subsection (o), the
county economic development income tax rate plus the county adjusted
gross income tax rate that are in effect on January 1 of a year may not
exceed one and five-tenths percent (1.5%).
(j) This subsection applies to Randolph County. Except as provided
in subsection (o), in addition to the rates permitted under subsection
(b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and the county adjusted gross income tax rate that are in effect on
January 1 of a year may not exceed one and five-tenths percent
(1.5%);
if the county council makes a determination to impose rates under this
subsection and section 22.5 of this chapter.
(k) For Daviess County, except as provided in subsection (o), the
county economic development income tax rate plus the county adjusted
gross income tax rate that are in effect on January 1 of a year may not
exceed one and five-tenths percent (1.5%).
(l) For:
(1) Elkhart County; or
(2) Marshall County;
except as provided in subsection (o), the county economic development
income tax rate plus the county adjusted gross income tax rate that are
in effect on January 1 of a year may not exceed one and five-tenths
percent (1.5%).
(m) For Union County, except as provided in subsection (o), the
county economic development income tax rate plus the county adjusted
gross income tax rate that are in effect on January 1 of a year may not
exceed one and five-tenths percent (1.5%).
(n) This subsection applies to Knox County. Except as provided in
subsection (o), in addition to the rates permitted under subsection (b):
(1) the county economic development income tax may be imposed
at a rate of twenty-five hundredths percent (0.25%); and
(2) the sum of the county economic development income tax rate
and:
(A) the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths
percent (1.5%); or
(B) the county option income tax rate that are in effect on
January 1 of a year may not exceed one and twenty-five
hundredths percent (1.25%);
if the county council makes a determination to impose rates under this
subsection and section 24 of this chapter.
(o) In addition:
(1) the county economic development income tax may be imposed
at a rate that exceeds by not more than twenty-five hundredths
percent (0.25%) the maximum rate that would otherwise apply
under this section; and
(2) the:
tax rate and the county option income tax rate that are in effect on
January 1 of a year may not exceed one and twenty-five hundredths
percent (1.25%).
(t) This subsection applies to Scott County. Except as provided in
subsection (o), the sum of the county economic development income
tax rate and the county option income tax rate that are in effect on
January 1 of a year may not exceed one and twenty-five hundredths
percent (1.25%).
(u) This subsection applies to Jasper County. Except as provided in
subsection (o), the sum of the county economic development income
tax rate and the county adjusted gross income tax rate that are in effect
on January 1 of a year may not exceed one and five-tenths percent
(1.5%).
(v) An additional county economic development income tax rate
imposed under section 28 of this chapter may not be considered in
calculating any limit under this section on the sum of:
(1) the county economic development income tax rate plus the
county adjusted gross income tax rate; or
(2) the county economic development tax rate plus the county
option income tax rate.
(w) The income tax rate limits imposed by subsection (c) or (x) or
any other provision of this chapter do not apply to:
(1) a county adjusted gross income tax rate imposed under
IC 6-3.5-1.1-24, IC 6-3.5-1.1-25, or IC 6-3.5-1.1-26; or
(2) a county option income tax rate imposed under IC 6-3.5-6-30,
IC 6-3.5-6-31, or IC 6-3.5-6-32.
For purposes of computing the maximum combined income tax rate
under subsection (c) or (x) or any other provision of this chapter that
may be imposed in a county under IC 6-3.5-1.1, IC 6-3.5-6, and this
chapter, a county's county adjusted gross income tax rate or county
option income tax rate for a particular year does not include the county
adjusted gross income tax rate imposed under IC 6-3.5-1.1-24,
IC 6-3.5-1.1-25, or IC 6-3.5-1.1-26 or the county option income tax rate
imposed under IC 6-3.5-6-30, IC 6-3.5-6-31, or IC 6-3.5-6-32.
(x) This subsection applies to Monroe County. Except as provided
in subsection (o), if an ordinance is adopted under IC 6-3.5-6-33, the
sum of the county economic development income tax rate and the
county option income tax rate that are in effect on January 1 of a year
may not exceed one and twenty-five hundredths percent (1.25%).
(y) This subsection applies to Perry County. Except as provided in
subsection (o), if an ordinance is adopted under section 27.5 of this
chapter, the county economic development income tax rate plus the
county option income tax rate that is in effect on January 1 of a year
may not exceed one and seventy-five hundredths percent (1.75%).
(z) This subsection applies to Starke County. Except as provided in
subsection (o), if an ordinance is adopted under section 27.6 of this
chapter, the county economic development income tax rate plus the
county adjusted gross income tax rate that is in effect on January 1 of
a year may not exceed two percent (2%).
calendar year before the calendar year of the distribution. The budget
agency may reduce the amount of the certified distribution over several
calendar years so that any overpayments are offset over several years
rather than in one (1) lump sum.
(e) The budget agency shall adjust the certified distribution of a
county to correct for any clerical or mathematical errors made in any
previous certification under this section. The budget agency may
reduce the amount of the certified distribution over several calendar
years so that any adjustment under this subsection is offset over several
years rather than in one (1) lump sum.
(f) The budget agency shall adjust the certified distribution of a
county to provide the county with the amount of any tax increase
imposed under section 26 of this chapter to provide additional
homestead credits as provided in those provisions.
(g) This subsection applies to a county that:
(1) imposes, increases, decreases, or rescinds a tax or tax rate
under this chapter before November 1 in the same calendar year
in which the budget agency makes a certification under this
section; or
(2) adopts an ordinance imposing a tax rate under section 23.5
of this chapter in the same calendar year in which the budget
agency makes a certification under this section.
The budget agency shall adjust the certified distribution of a county to
provide for a distribution in the immediately following calendar year
and in each calendar year thereafter. The budget agency shall provide
for a full transition to certification of distributions as provided in
subsection (b)(1) through (b)(2) in the manner provided in subsection
(d). If the county imposes, increases, decreases, or rescinds a tax or tax
rate under this chapter after the date for which a certification under
subsection (b) is based, the budget agency shall adjust the certified
distribution of the county after August 1 of the calendar year. The
adjustment shall reflect any other adjustment authorized under
subsections (c), (d), (e), and (f). The adjusted certification shall be
treated as the county's certified distribution for the immediately
succeeding calendar year. The budget agency shall certify the adjusted
certified distribution to the county auditor for the county and provide
the county council with an informative summary of the calculations
that revises the informative summary provided in subsection (c) and
reflects the changes made in the adjustment.
(h) The budget agency shall before May 1 of every odd-numbered
year publish an estimate of the statewide total amount of certified
distributions to be made under this chapter during the following two (2)
calendar years.
(i) The budget agency shall before May 1 of every even-numbered
year publish an estimate of the statewide total amount of certified
distributions to be made under this chapter during the following
calendar year.
(j) The estimates under subsections (h) and (i) must specify the
amount of the estimated certified distributions that are attributable to
any additional rates authorized under this chapter.
towns in the county for homestead credits under subdivision (5).
(5) This subdivision applies only in Porter County. All of the tax
revenue that results each year from a tax rate increase described
in subdivision (4) that is in excess of the first three million five
hundred thousand dollars ($3,500,000) that results each year from
the tax rate increase must be used by the county and cities and
towns in the county for homestead credits under this subdivision.
The following apply to homestead credits provided under this
subdivision:
(A) The homestead credits must be applied uniformly to
provide a homestead credit for homesteads in the county, city,
or town.
(B) The homestead credits shall be treated for all purposes as
property tax levies.
(C) The homestead credits shall be applied to the net property
taxes due on the homestead after the application of all other
assessed value deductions or property tax deductions and
credits that apply to the amount owed under IC 6-1.1.
(D) The department of local government finance shall
determine the homestead credit percentage for a particular
year based on the amount of county economic development
income tax revenue that will be used under this subdivision to
provide homestead credits in that year.
(6) This subdivision applies only in Lake County. The county or
a city or town in the county may use county economic
development income tax revenue to provide homestead credits in
the county, city, or town. The following apply to homestead
credits provided under this subdivision:
(A) The county, city, or town fiscal body must adopt an
ordinance authorizing the homestead credits. The ordinance
must specify the amount of county economic development
income tax revenue that will be used to provide homestead
credits in the following year.
(B) The county, city, or town fiscal body that adopts an
ordinance under this subdivision must forward a copy of the
ordinance to the county auditor and the department of local
government finance not more than thirty (30) days after the
ordinance is adopted.
(C) The homestead credits must be applied uniformly to
increase the homestead credit under IC 6-1.1-20.9 (repealed)
for homesteads in the county, city, or town (for property taxes
first due and payable before January 1, 2009) or to provide a
homestead credit for homesteads in the county, city, or town
(for property taxes first due and payable after December 31,
2008).
(D) The homestead credits shall be treated for all purposes as
property tax levies.
(E) The homestead credits shall be applied to the net property
taxes due on the homestead after the application of all other
assessed value deductions or property tax deductions and
credits that apply to the amount owed under IC 6-1.1.
(F) The department of local government finance shall
determine the homestead credit percentage for a particular
year based on the amount of county economic development
income tax revenue that will be used under this subdivision to
provide homestead credits in that year.
(7) For a regional venture capital fund established under section
13.5 of this chapter or a local venture capital fund established
under section 13.6 of this chapter.
(8) This subdivision applies only to LaPorte County, if:
(A) the county fiscal body has adopted an ordinance under
IC 36-7.5-2-3(e) providing that the county is joining the
northwest Indiana regional development authority; and
(B) the fiscal body of the city described in IC 36-7.5-2-3(e) has
adopted an ordinance under IC 36-7.5-2-3(e) providing that
the city is joining the development authority.
Revenue from the county economic development income tax may
be used by a county or a city described in this subdivision for
making transfers required by IC 36-7.5-4-2. In addition, if the
county economic development income tax rate is increased after
June 30, 2006, in the county, the first three million five hundred
thousand dollars ($3,500,000) of the tax revenue that results each
year from the tax rate increase shall be used by the county only to
make the county's transfer required by IC 36-7.5-4-2. The first
three million five hundred thousand dollars ($3,500,000) of the
tax revenue that results each year from the tax rate increase shall
be paid by the county treasurer to the treasurer of the northwest
Indiana regional development authority under IC 36-7.5-4-2
before certified distributions are made to the county or any cities
or towns in the county under this chapter from the tax revenue
that results each year from the tax rate increase. All of the tax
revenue that results each year from the tax rate increase that is in
excess of the first three million five hundred thousand dollars
($3,500,000) that results each year from the tax rate increase must
be used by the county and cities and towns in the county for
homestead credits under subdivision (9).
(9) This subdivision applies only to LaPorte County. All of the tax
revenue that results each year from a tax rate increase described
in subdivision (8) that is in excess of the first three million five
hundred thousand dollars ($3,500,000) that results each year from
the tax rate increase must be used by the county and cities and
towns in the county for homestead credits under this subdivision.
The following apply to homestead credits provided under this
subdivision:
(A) The homestead credits must be applied uniformly to
provide a homestead credit for homesteads in the county, city,
or town.
(B) The homestead credits shall be treated for all purposes as
property tax levies.
(C) The homestead credits shall be applied to the net property
taxes due on the homestead after the application of all other
assessed value deductions or property tax deductions and
credits that apply to the amount owed under IC 6-1.1.
(D) The department of local government finance shall
determine the homestead credit percentage for a particular
year based on the amount of county economic development
income tax revenue that will be used under this subdivision to
provide homestead credits in that year.
(10) By a county or city to provide revenue to a public
transportation corporation as provided in an election, if any,
made by a county or city fiscal body under IC 36-9-4-42(d).
(c) As used in this section, an economic development project is any
project that:
(1) the county, city, or town determines will:
(A) promote significant opportunities for the gainful
employment of its citizens;
(B) attract a major new business enterprise to the unit; or
(C) retain or expand a significant business enterprise within
the unit; and
(2) involves an expenditure for:
(A) the acquisition of land;
(B) interests in land;
(C) site improvements;
(D) infrastructure improvements;
(E) buildings;
(F) structures;
under subsection (a) is in addition to any other tax rate
imposed under this chapter.
(3) For purposes of computing the maximum combined
income tax rate under section 5 of this chapter that may be
imposed in a county under IC 6-3.5-1.1, IC 6-3.5-6, and this
chapter, a county's county economic development income tax
rate for a particular year does not include a tax rate imposed
under subsection (a).
(4) For purposes of computing the maximum income tax rate
that may be imposed in a county under section 5 of this
chapter, a county's county economic development income tax
rate for a particular year does not include a tax rate imposed
under subsection (a).
created under IC 8-5-15.
(3) A volunteer fire department (as defined in IC 36-8-12-2) that
is acting under:
(A) a contract with a unit or a fire protection district; or
(B) IC 36-8-17.
(4) An individual or a corporation rendering public
transportation services under a contract with a metropolitan
transportation district established under IC 36-9.1-2.
(b) The treatment provided for under subsection (a)(2) shall be
accorded only in relation to a loss that occurs in the course of rendering
public transportation services under contract with a commuter
transportation district.
(c) The treatment provided for under subsection (a)(4) shall be
accorded only in relation to a loss that occurs in the course of
rendering public transportation services under a contract with a
metropolitan transit district.
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.
If the consolidated city is located in a county that is a member of a
metropolitan transit district established under IC 36-9.1, the terms
of the members appointed under this subsection expire on the date
on which the first meeting of the board of the metropolitan transit
district is called under IC 36-9.1-4-5(a). If not otherwise ineligible,
a member appointed under this subsection is eligible for
appointment under subsection (d).
(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 fifty thousand (150,000)
but less than one hundred seventy thousand (170,000) 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 eighty thousand (80,000) but less than
eighty thousand four hundred (80,400).
(2) Two (2) members appointed by the executive of a city with a
population of more than eighty thousand five hundred (80,500)
but less than one hundred thousand (100,000).
(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 four thousand nine
hundred fifty (4,950) but less than five thousand (5,000).
(B) A city with a population of more than twenty-nine
thousand six hundred (29,600) but less than twenty-nine
thousand nine hundred (29,900).
(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 sixteen thousand
five hundred (16,500) but less than twenty thousand (20,000).
(B) A town with a population of more than twenty-three
thousand seven hundred (23,700) 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 seven hundred
(23,700).
(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 fourteen thousand
(14,000) but less than sixteen thousand (16,000).
(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 sixteen thousand
(16,000) but less than sixteen thousand five hundred (16,500).
(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
twenty-five thousand (25,000) but less than twenty-nine
thousand (29,000).
(B) The fiscal body of a town with a population of more than
ten thousand (10,000) but less than fourteen thousand
(14,000).
(C) The fiscal body of a town with a population of more than
five thousand (5,000) but less than ten thousand (10,000).
(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-nine thousand (29,000) but less than twenty-nine
thousand five hundred (29,500).
(B) The executive of a city having a population of more than
twelve thousand five hundred (12,500) but less than twelve
thousand seven hundred (12,700).
(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
thirty-one thousand seven hundred twenty-five (31,725) but less
than thirty-five thousand (35,000), or the executive's designee.
(13) The executive of a city with a population of more than
thirty-six thousand eight hundred twenty-five (36,825) but less
than forty thousand (40,000), 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 fifty thousand
(150,000) but less than one hundred seventy thousand (170,000),
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:
corporation.
lease to an urban mass transportation system, including the
payment of any amount outstanding under a mortgage, contract of
sale, or other security device that may attach to the buses or real
property;
(4) the acquisition by a public transportation corporation of
property of an urban mass transportation system, including the
payment of any amount outstanding under a mortgage, contract of
sale, or other security device that may attach to the property;
(5) the operation of an urban mass transportation system by a
public transportation corporation, including the acquisition of
additional property for such a system; and
(6) the retirement of bonds issued and outstanding under this
chapter.
(c) This subsection applies only to a public transportation
corporation located in a county having a consolidated city. In order to
provide revenue to a public transportation corporation during a year,
the public transportation corporation board may recommend and the
county fiscal body may elect to provide revenue to the corporation from
part of the certified distribution, if any, that the county is to receive
during that same year under IC 6-3.5-6-17. To make the election, the
county fiscal body must adopt an ordinance before November 1 of the
preceding year. The county fiscal body must specify in the ordinance
the amount of the certified distribution that is to be used to provide
revenue to the corporation. If such an ordinance is adopted, the county
fiscal body shall immediately send a copy of the ordinance to the
county auditor.
(d) This subsection does not apply to a county having a
consolidated city. A county or city fiscal body may, upon the
recommendation of the public transportation corporation board,
elect to provide revenue to the corporation from part of the
distributive share of the tax revenue that the county or city is to
receive under IC 6-3.5-1.1-15, IC 6-3.5-6-19, or IC 6-3.5-7-13.1
during a particular calendar year. To make the election, the county
or city fiscal body must adopt an ordinance before September 1 of
the preceding calendar year. The county or city fiscal body must
specify in the ordinance the amount of the distributive share that
the fiscal body will provide to the public transportation
corporation in the following calendar year. If an ordinance is
adopted under this subsection, the county or city fiscal body shall
immediately send a copy of the ordinance to the county auditor.
The county auditor shall distribute the amount of the election to
the public transportation corporation on the same schedule that
the county auditor distributes distributive shares to the civil taxing
units of the county.
certifies the ordinance as provided in subsection (b), the county
election board shall place the local public question on the ballot at
the next general election for which the question may be certified
under IC 3-10-9-3 and for which all voters of the county are
entitled to vote.
(d) After an election on the local public question, the circuit
court clerk of the county shall:
(1) make a certified copy of the election returns; and
(2) not later than five (5) days after the election, file the copy
with:
(A) the department of state revenue; and
(B) the authorizing body of the county.
(e) The local public question is approved by a county if a
majority of the county voters voting on the local public question
vote "yes". The local public question is defeated by a county if a
majority of the county voters voting on the local public question
vote "no".
(f) If the local public question is defeated in a county, the
authorizing body may adopt an ordinance under this section to
place another local public question on the ballot as provided in this
section at a subsequent general election in the county. However, a
local public question under this section may not be placed on the
ballot more than two (2) times in any seven (7) year period.
(g) A political subdivision may not expend public funds (as
defined in IC 5-13-4-20) to support or oppose the approval of the
local public question under this section.
Sec. 3. (a) A metropolitan transit district is established on
January 1 of the year following the year in which a local public
question under section 2 of this chapter is approved in one (1) or
more of the following combination of counties:
(1) By the voters in Marion County only.
(2) By the voters in Marion County and at least one (1) county
that is contiguous to Marion County.
(3) By the voters in Marion County, Madison County, and at
least one (1) county that is contiguous to both Marion County
and Madison County.
(b) Except as provided in subsections (c) and (d), the
metropolitan transit district consists of all of the counties in which
a local public question under section 2 of this chapter is approved.
Except as provided in subsections (c) and (d), the territory of a
metropolitan transit district must be contiguous and consists of all
of the territory of the counties authorizing the district in a local
public question under section 2 of this chapter.
(c) If the voters in Madison County approve a local public
question under section 2 of this chapter:
(1) Madison County is not included in a metropolitan transit
district; and
(2) the territory of Madison County is not included in the
territory of the metropolitan transit district;
until the combination of approvals described in subsection (a)(3)
occurs.
(d) If the voters in Delaware County approve a local public
question under section 2 of this chapter:
(1) Delaware County is not included in a metropolitan transit
district; and
(2) the territory of Delaware County is not included in the
territory of the metropolitan transit district;
until the combination of approvals described in subsection (a)(3)
occurs.
(e) The approval of voters in a combination of counties required
by this section to establish a metropolitan transit district may
occur in separate elections.
Sec. 4. The following apply if a metropolitan transit district is
established under section 3 of this chapter:
(1) An eligible county that does not become a member of the
metropolitan transit district at the time the metropolitan
transit district is established may become a member of the
metropolitan transit district at a later date if a local public
question under section 2 of this chapter is approved in the
county at a subsequent general election. If a local public
question under section 2 of this chapter is approved in a
county, the county becomes a member of the metropolitan
transit district on January 1 of the following year.
(2) A county that is not an eligible county may not become a
member of the metropolitan transit district.
Chapter 3. Status of the Metropolitan Transit District
Sec. 1. (a) The metropolitan transit district is a body corporate
and politic. The metropolitan transit district is separate from the
state and any other political subdivision, but the exercise of powers
by the metropolitan transit district is an essential governmental
function.
(b) The metropolitan transit district may sue and be sued in the
name of the district.
Sec. 2. A pledge or mortgage by the metropolitan transit district
does not create an obligation of the state or a political subdivision
within the meaning of the Constitution of the State of Indiana or
any statute.
Sec. 3. All:
(1) property owned by the metropolitan transit district;
(2) revenue of the metropolitan transit district; and
(3) bonds issued by the metropolitan transit district, the
interest on the bonds, the proceeds received by a holder from
the sale of bonds to the extent of the holder's cost of
acquisition, proceeds received upon redemption before
maturity, proceeds received at maturity, and the receipt of
interest in proceeds;
are exempt from taxation in Indiana for all purposes except the
financial institutions tax imposed under IC 6-5.5 or a state
inheritance tax imposed under IC 6-4.1.
Sec. 4. All securities issued under this article are exempt from
the registration requirements of IC 23-19 and other securities
registration statutes.
Sec. 5. Service provided by the metropolitan transit district is
exempt from regulation by the department of state revenue under
IC.8-2.1. This exemption applies to transportation services
provided by the metropolitan transit district directly or by grants
or purchase of service agreements.
Chapter 4. Metropolitan Transit District Board
Sec. 1. The power to govern the metropolitan transit district is
vested in a board.
Sec. 2. (a) The board consists of the following members
appointed by the authorizing counties as follows:
(1) In a county containing a consolidated city, five (5)
members appointed as follows:
(A) Two (2) members appointed by the county executive.
(B) Two (2) members appointed by the county authorizing
body.
(C) One (1) member appointed by the board of county
commissioners.
(2) In a county that does not contain a consolidated city and
becomes a member of the district before January 1, 2015,
three (3) members appointed as follows:
(A) One (1) member appointed by the county
commissioners.
(B) One (1) member appointed by the county authorizing
body.
(C) One (1) member jointly appointed by the executives of
the four (4) largest municipalities located in the county.
(3) In a county that does not contain a consolidated city and
becomes a member of the district after December 31, 2014,
two (2) members appointed as follows:
(A) One (1) member appointed by the county
commissioners.
(B) One (1) member appointed by the county authorizing
body.
(b) Not more than two (2) members appointed in a county
described in subsection (a)(2) or (a)(3) may be from the same
political party. One (1) member appointed under subsection
(a)(1)(A) and (a)(1)(B) must be from each major political party.
(c) A member must reside in the county from which the
appointment was made. A member's term expires on the date the
member establishes residency in another county.
(d) The following individuals are not eligible for membership on
the board:
(1) An officer of the district.
(2) An employee of the district.
(3) An elected official.
Sec. 3. (a) A member of the board appointed under this chapter:
(1) shall serve for a term of four (4) years, but is eligible for
reappointment for any number of successive terms; and
(2) serves at the pleasure of the appointing authority that
appointed the member.
(b) A member of the board is not entitled to receive
compensation for performance of the member's duties. However,
a member of the board is entitled to reimbursement from the
district for actual expenses and mileage.
Sec. 4. A member of the board appointed under this chapter
must have knowledge and at least five (5) years professional work
experience, with a for profit or nonprofit entity, in at least one (1)
of the following:
(1) Business or finance.
(2) Regional economic development.
(3) Transportation.
Sec. 5. (a) As soon as practical, but not more than ninety (90)
days after the district is established, the county executive of
Marion County shall:
(1) call the first meeting of the board; and
(2) designate a member of the board to preside over the
meeting until the officers of the board are elected.
(b) A majority of the members appointed to the board
constitutes a quorum for a meeting of the board.
(c) The board shall annually elect a chairperson, a vice
chairperson, and a secretary-treasurer from the members of the
board. If the district is comprised of more than one (1) county, the
chairperson and the vice chairperson of the board must reside in
different counties.
(d) The board shall meet at least quarterly. The chairperson of
the board or any two (2) members of the board may call a meeting
of the board.
Sec. 6. The board may adopt the bylaws and rules that the board
considers necessary to carry out the board's powers and duties.
Sec. 7. (a) When voting on matters that are related to the
metropolitan transit district, the board has a total of one hundred
(100) votes. Every member of the board is allocated a percentage
of the total one hundred (100) votes that may be cast by the board.
(b) The number of votes that a member of the board has when
voting on matters that are related to the metropolitan transit
district is determined in the following STEPS:
STEP ONE: Determine the financial contributions to the
metropolitan transit district that are made by the authorizing
county that appointed the member.
STEP TWO: Determine the financial contributions to the
metropolitan transit district that are made by all authorizing
counties.
STEP THREE: Multiply:
(A) one hundred (100); by
(B) the result of:
(i) the STEP ONE result; divided by
(ii) the STEP TWO result.
STEP FOUR: Determine the total number of members
appointed to the board by the authorizing county that
appointed the member to the board.
STEP FIVE: Divide:
(A) the result determined under STEP THREE; by
(B) the STEP FOUR result.
(c) For purposes of determining votes under this section, an
authorizing county's financial contributions to the metropolitan
transit district are considered to be equal to the sum of:
(1) the amount of county economic development income tax
revenue distributed during the preceding year to the
authorizing county from a tax rate under IC 6-3.5-7-23.5 and
transferred to the metropolitan transit district;
(2) any amounts transferred by the county to the metropolitan
transit district under IC 36-9-4-1(b) to fund the metropolitan
transit district's exercise of the powers and duties of a public
transportation corporation as provided in IC 36-9-4-1(b); and
(3) any additional financial contributions made from the
county to the metropolitan transit district, as determined
according to the bylaws of the board.
However, during the first year after the district is established, an
authorized county's financial contributions to the metropolitan
transit district for purposes of determining votes under this section
are considered to be equal to the amount of county economic
development income tax revenue that the budget agency estimates
will be distributed during the year to the authorizing county from
a tax rate under IC 6-3.5-7-23.5, plus the amount the county
auditor of Marion County estimates will be transferred under
subdivision (2) during that first year.
(d) The board shall, as necessary, specify in its bylaws which
matters are, for purposes of this section, considered to be matters
related to the metropolitan transit district.
Sec. 8. (a) Except as provided in subsections (b) through (d), at
least fifty-one (51) affirmative votes of the one hundred (100) votes
allocated to the board under section 7 of this chapter are necessary
to authorize any action of the board.
(b) The number of affirmative votes specified in subsection (c)
is required for the board to authorize any of the following actions:
(1) Issuing any debt or entering into a capital lease.
(2) The hiring of a chief executive officer, technical experts,
legal counsel, or consultants.
(3) Acquiring real property.
(4) Entering into a contract with a cost of at least one million
dollars ($1,000,000).
(5) Adopting or amending bylaws.
(6) Approving the formula developed under section 9(a) of
this chapter.
(7) Adopting the findings required under section 9(b) of this
chapter.
(8) Adopting the capital improvement plan under
IC 36-9.1-8-7.
(c) The number of affirmative votes required for the board to
authorize any of the actions listed in subsection (b) is equal to the
greater of:
(1) the number of affirmative votes equal to the sum of:
(A) the total number of votes allocated under section 7 of
this chapter to the authorizing county with the greatest
population; plus
(B) one (1) vote; or
(2) fifty-one (51) affirmative votes.
(d) The board's bylaws may include voting requirements that
require:
(1) for approval of an action listed in subsection (b); or
(2) for approval of any other action;
a greater number of affirmative votes than is otherwise required
under subsection (c).
Sec. 9. (a) The board shall, based on the findings required by
subsection (b), develop a formula for determining the allocation of
financial contributions to be made to the metropolitan transit
district.
(b) The board shall make written findings concerning the
following:
(1) The value of the public transportation facilities that the
board proposes to put in service and to be allocated to each
authorizing county.
(2) The total amount of the capital needs of the metropolitan
transit district.
(3) The annual amount of capital costs that the board
proposes to be allocated to each authorizing county. In
determining the amount of capital costs to be allocated to each
authorizing county, the board shall allocate the capital costs
according to a formula established by the board that reflects
the benefit received by the authorizing county from the
capital costs in facilitating public transportation in the
authorizing county and to and from the authorizing county.
(4) The total amount of the operating needs of the
metropolitan transit district.
(5) The annual amount of operating expenses that the board
proposes to be allocated to each authorizing county, using:
(A) the total number of passengers and total miles traveled
by individuals using public transportation that:
(i) is within each authorizing county; and
(ii) is provided by the metropolitan transit district; and
(B) other factors that the board considers to be
appropriate.
indebtedness (whether secured or unsecured) for any of the
district's purposes.
Sec. 8. The metropolitan transit district may acquire and
dispose of any real or personal property in connection with or for
the purposes of the district, including supplies, materials, and
equipment to carry out the duties and functions of the district.
Sec. 9. The metropolitan transit district may receive gifts,
donations, bequests, and public trusts, agree to conditions and
terms accompanying them, and bind the district to carry them out.
Sec. 10. (a) The metropolitan transit district may receive federal
or state aid and administer that aid.
(b) The metropolitan transit district shall comply with federal
statutes and rules concerning the expenditure of federal money for
public transportation systems. The board may apply to state and
federal agencies for grants for public transportation development,
make or execute representations, assurances, and contracts, and
enter into covenants and agreements with any state or federal
agency relative to public transportation systems. The metropolitan
transit district shall comply with federal and state statutes and
rules concerning the acquisition, development, operation, and
administration of public transportation systems.
(c) The metropolitan transit district may use money received by
the district that is not pledged or restricted for another purpose to
provide a local match required for the receipt of any federal funds.
Sec. 11. The metropolitan transit district may adopt a schedule
of reasonable charges and rents, and collect them from all users of
facilities and services operated by or on behalf of the district.
Sec. 12. The metropolitan transit district may purchase public
transportation services from public or private transportation
agencies upon the terms and conditions set forth in purchase of
service agreements between the district and the transportation
agencies.
Sec. 13. The metropolitan transit district may acquire, establish,
construct, renovate, improve, equip, operate, maintain, finance,
subsidize, lease, and regulate public transportation systems serving
the district.
Sec. 14. The metropolitan transit district may make, execute,
and enforce contracts and all other instruments, including
public-private agreements (as defined in IC 5-23-2-13), that are
necessary, convenient, or desirable for the purposes of the district
or pertaining to:
(1) a purchase, acquisition, or sale of securities or other
investments related to a project; or
(2) the performance of the district's duties and execution of
any of the district's powers.
Sec. 15. The metropolitan transit district may enter into
agreements with government agencies, political subdivisions,
private transportation companies, railroads, and other persons
providing for:
(1) construction, improvement, renovation, operation,
maintenance, and use by the other party of any public
transportation system and equipment held or later acquired
by the district; and
(2) 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 district.
Sec. 16. The metropolitan transit district may lease to others for
development or operation all or any part of the property of the
district on the terms and conditions as the board considers
advisable.
Sec. 17. The metropolitan transit district may invest money not
immediately needed for a project as provided in a resolution,
agreement, or trust agreement of the board.
Sec. 18. The metropolitan transit district may enter into an
agreement with another district or any other entity to:
(1) jointly equip, own, lease, and finance projects and
facilities; or
(2) otherwise carry out the purposes of the district;
in any location.
Sec. 19. The metropolitan transit district may 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
district and to be used exclusively for the purposes of this article.
Sec. 20. The metropolitan transit district may sell, lease, or
otherwise contract for advertising in or on the facilities of the
district.
Sec. 21. (a) Subject to subsection (b), the metropolitan transit
district may create a tax increment financing district within
five-tenths (0.5) of a mile of a fixed guideway transit corridor (as
defined in 49 U.S.C. 5309) if:
(1) the tax increment financing district is also approved by the
local governing body authorized to create tax increment
financing districts in that jurisdiction; and
budget submitted by the board.
Sec. 2. The board may establish the funds and accounts that the
board determines are necessary.
Sec. 3. The board shall, before April 1 of each year, issue a
report to the legislative council, the budget committee, and the
governor concerning the operations and activities of the
metropolitan transit district during the preceding calendar year.
The report to the legislative council must be in an electronic format
under IC.5-14-6.
Sec. 4. The board shall appoint a chief executive officer to
manage the metropolitan transit district. The chief executive
officer must have at least seven (7) years experience in public
transportation at a senior executive level.
Sec. 5. The board may establish any advisory committees that
the board determines to be advisable.
Sec. 6. All employees of the metropolitan transit district:
(1) must be employed solely on the basis of ability, taking into
account their qualifications to perform the duties of their
positions;
(2) must be employed regardless of political affiliation;
(3) may not be appointed, promoted, reduced, removed, or in
any way favored or discriminated against because of their
political affiliation, race, religion, color, sex, national origin,
or ancestry; and
(4) may not be required to make contributions for or
participate in political activities.
Sec. 7. Before July 1 of the calendar year in which the district is
established, the board shall publish the estimated total cost of
implementing the district on an Internet web site maintained by the
board.
Chapter 7. Procurement
Sec. 1. The metropolitan transit district shall comply with the
following:
(1) IC 5-22 (public purchasing).
(2) IC 36-1-12 (public work projects).
(3) IC 5-16-7 (common construction wage).
(4) All applicable federal bidding statutes and regulations.
Sec. 2. An entity that receives a loan, a grant, or other financial
assistance from the metropolitan transit district or enters into a
lease with the metropolitan transit district must comply with
applicable federal, state, and local public purchasing and bidding
laws and regulations. However, a purchasing agency (as defined in
IC.5-22-2-25) of a political subdivision may:
(1) assign or sell a lease for property to the metropolitan
transit district; or
(2) enter into a lease for property with the metropolitan
transit district;
at any price and under any other terms and conditions as may be
determined by the entity and the metropolitan transit district.
However, before making an assignment or a sale of a lease or
entering into a lease under this section that would otherwise be
subject to IC.5-22, the political subdivision or its purchasing agent
must obtain or cause to be obtained a purchase price for the
property to be subject to the lease from the lowest responsible and
responsive bidder in accordance with the requirements for the
purchase of supplies under IC.5-22.
Sec. 3. Except where 49 CFR 26 applies, the board shall set a
goal for participation by minority business enterprises and
women's business enterprises in conformity with the goals
established by the department of minority and women's business
development of a consolidated city. The goals must be consistent
with the goals of delivering the project on time and within the
budgeted amount and, insofar as possible, using Indiana businesses
for employees, goods, and services.
Chapter 8. Planning
Sec. 1. After reviewing the transportation plans of the Indiana
department of transportation and the plans of regional and other
planning agencies, the board shall develop, continuously update,
and implement a long range comprehensive transportation plan to
ensure the orderly development and maintenance of an efficient
system of public transportation in the district. The board shall
periodically amend and update the plan as appropriate.
Sec. 2. The plan developed under section 1 of this chapter must
identify goals and objectives with respect to the following:
(1) Increasing ridership and passenger miles on public
transportation funded by the metropolitan transit district.
(2) Coordination of public transportation services and the
investment in public transportation facilities to enhance the
integration of public transportation throughout the
metropolitan transit district territory.
(3) Coordination of fare and transfer policies to promote
transfers by riders among public transportation agencies and
public transportation modes, which may include goals and
objectives for development of a universal fare instrument that
riders may use interchangeably on all public transportation
funded by the metropolitan transit district, and methods to be
used to allocate revenues from transfers.
(4) Improvements in public transportation facilities to bring
those facilities into a state of good repair, enhancements that
attract ridership and improve customer service, and
expansions needed to serve areas with sufficient demand for
public transportation.
(5) Access for transit dependent populations, including access
by low income communities to places of employment, using
analyses provided by the department of workforce
development and other planning agencies regarding
employment and transportation availability, and giving
consideration to the location of employment centers in each
county and the availability of public transportation at off
peak hours and on weekends.
(6) The financial viability of the public transportation system,
including both operating and capital programs.
(7) Limiting road congestion within the metropolitan transit
district territory, and enhancing transit options to improve
mobility.
(8) Other goals and objectives that advance adequate,
efficient, and coordinated public transportation in the
metropolitan transit district territory.
Sec. 3. The plan developed under section 1 of this chapter must
establish the process and criteria by which proposals for capital
improvements by the metropolitan transit district will be evaluated
by the board for inclusion in the metropolitan transit district's
capital program. The plan may include criteria for the following:
(1) Allocating funds among maintenance, enhancement, and
expansion improvements.
(2) Projects to be funded.
(3) Projects intended to improve or enhance ridership or
customer service.
(4) Design and location of station or transit improvements
intended to promote transfers, increase ridership, and
support transit oriented land development.
(5) Assessing the impact of projects on the ability to operate
and maintain the existing transit system.
(6) Other criteria that advance the goals and objectives of the
plan.
Sec. 4. The plan developed under section 1 of this chapter must
establish performance standards and measurements regarding the
adequacy, efficiency, and coordination of public transportation
services in the region and the implementation of the goals and
objectives in the plan. At a minimum, the standards and
measurements must include customer related performance data
measured by line, route, or subregion, as determined by the
district, on the following:
(1) Travel times and on time performance.
(2) Ridership data.
(3) Equipment failure rates.
(4) Employee and customer safety.
(5) Customer satisfaction.
Sec. 5. The plan developed under section 1 of this chapter must
describe the expected financial condition of public transportation
in the metropolitan transit district territory prospectively over a
ten (10) year period, which may include information about the cash
position and all known obligations of the metropolitan transit
district, including operating expenditures, debt service,
contributions for payment of pension and other postemployment
benefits, the expected revenues from fares, tax receipts, grants
from the federal, state, and local governments for operating and
capital purposes and issuance of debt, the availability of working
capital, and the resources needed to achieve the goals and
objectives described in the plan.
Sec. 6. The board may adopt corridor plans for specific
geographic areas of the metropolitan transit district territory to
improve the adequacy, efficiency, and coordination of existing, or
the delivery of new, public transportation. The plans also may
address areas outside the metropolitan transit district territory
that may affect public transportation use in the metropolitan
transit district territory. In preparing a corridor plan, the board
may identify changes in operating practices or capital investment
in the corridor that could increase ridership, reduce costs, improve
coordination, or enhance transit oriented development.
Sec. 7. The board shall annually establish a capital improvement
plan to govern the distribution of funds. The capital improvement
plan must cover at least a five (5) year period. The capital
improvement plan must be based on the formula developed under
IC 36-9.1-4-9(a) and the written findings made under
IC 36-9.1-4-9(b).
Sec. 8. The board shall cooperate with the various public
agencies charged with responsibility for long range or
comprehensive planning for the metropolitan transit district
territory. The board may, before the adoption of any plan under
this chapter, submit its proposals to these agencies for review and
comment. The board may use existing studies, surveys, plans, data,
and other materials in the possession of any state agency or
department, any planning agency, or any unit of local government.
Chapter 9. Acquisition and Construction of Public
Transportation Facilities
Sec. 1. The powers granted under this chapter supplement any
other powers granted by another law.
Sec. 2. (a) The metropolitan transit district may:
(1) construct or enter into an agreement to acquire any public
transportation facility for use by the district; and
(2) acquire funds and interests in and materials for
transportation facilities from any public 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.
(b) In making acquisitions from a public transportation agency,
the metropolitan transit district may assume the obligations of the
transportation agency regarding its property or public
transportation operations.
Sec. 3. The metropolitan transit district may acquire, improve,
maintain, lease, and rent facilities, including air rights, that are
within one hundred (100) yards of a terminal, fixed guideway
transit corridor, station, or other facility of the district. If these
facilities generate revenues that exceed their cost to the
metropolitan transit district, the metropolitan transit district must
use the excess revenues exclusively for the purposes of this article.
Chapter 10. Operation of Public Transportation Facilities
Sec. 1. The powers granted under this chapter supplement any
other powers granted by another law.
Sec. 2. The metropolitan transit district may provide public
transportation service by operating public transportation facilities.
Sec. 3. The metropolitan transit district may enter into
operating agreements with any private or public person to operate
transportation facilities on behalf of the district.
Sec. 4. Whenever the metropolitan transit district provides any
public transportation service by operating public transportation
facilities, the metropolitan transit district 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 metropolitan
transit district.
Sec. 5. 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 metropolitan transit district and the transportation agency.
Sec. 6. If the metropolitan transit district 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.
Chapter 11. Coordination of Programs
Sec. 1. (a) The metropolitan transit district may construct or
enter into an agreement to acquire any public transportation
facility for use by any transportation agency and may acquire any
facilities from any transportation agency, including also without
limitation any reserve funds, employees' pension or retirement
funds, special funds, franchises, licenses, patents, permits, papers,
documents, and records of the agency. In connection with any
acquisition from a transportation agency, the metropolitan transit
district may assume obligations of the transportation agency with
regard to the facilities or property or public transportation
operations of the agency.
(b) In connection with any construction or acquisition under this
section, the metropolitan transit district shall make relocation
payments as may be required by federal law or by the
requirements of any federal agency authorized to administer any
federal program of aid.
Sec. 2. The metropolitan transit district shall develop
coordinated and consolidated sales, marketing, advertising, and
public information programs that promote the use and
coordination of, and transfers among, public transportation
services in the district territory.
Sec. 3. To provide or assist any transportation of members of
the public between points in the metropolitan transit district
territory and points outside the metropolitan transit district
territory, the district may enter into agreements with any unit of
local government, individual, corporation, or other person or
public agency in or of any state or with any private entity for
service. The agreements may provide for participation by the
metropolitan transit district in providing the service and for grants
by the metropolitan transit district in connection with the service,
and may, subject to federal and state law, set forth any terms
relating to the service, including coordinating the service with
public transportation in the metropolitan transit district territory.
The agreement may be for the number of years or duration as the
parties agree. In regard to the agreements or grants, the district
shall consider the benefit to the metropolitan transit district
territory and the financial contribution with regard to the service
made or to be made from public funds in the areas served outside
the metropolitan transit district territory.
Chapter 12. Bonds
Sec. 1. (a) Subject to section 2 of this chapter, the district may
borrow money, make guaranties, issue bonds, debentures, notes, or
other evidences of indebtedness, whether secured or unsecured, to
any person (including the Indiana finance authority established by
IC 4-4-11), and otherwise incur indebtedness for any of the
metropolitan transit district's purposes, including:
(1) acquiring real or personal property, including existing
capital improvements;
(2) acquiring, constructing, improving, reconstructing, or
renovating one (1) or more projects;
(3) paying the costs of:
(A) planning and development of equipment or a facility
and all buildings, facilities, structures, equipment, and
improvements related to the facility;
(B) acquisition of a site and clearing and preparing the site
for construction;
(C) equipment, facilities, structures, and improvements
that are necessary or desirable to make the project suitable
for use and operations;
(D) architectural, engineering, consultant, and attorney's
fees;
(E) incidental expenses in connection with the issuance and
sale of bonds;
(F) reserves for principal and interest;
(G) interest during construction;
(H) financial advisory fees;
(I) insurance during construction; and
(J) bond insurance, debt service reserve insurance, letters
of credit, or other credit enhancement; and
(4) funding or refunding bonds or other evidences of
indebtedness.
(b) The indebtedness under subsection (a) is payable solely
from:
(1) the lease rentals from the lease of the projects for which
the bonds were issued, insurance proceeds, and any other
funds pledged or available; and
(2) to the extent designated in the agreements for the bonds,
revenue received by the board and amounts deposited in
funds established for the metropolitan transit district.
(c) The indebtedness must be authorized by a resolution of the
board.
(d) The terms and form of the indebtedness must either be set
out in the resolution or in a form of trust indenture approved by
the resolution.
(e) The indebtedness must mature within twenty-five (25) years.
Sec. 2. The district may not issue bonds unless the issuance of
the bonds is reviewed by the fiscal body of each county in which the
project being financed by the proposed bond issuance is located.
Sec. 3. (a) Bonds issued under this article may be secured by a
trust indenture between the metropolitan transit district and a
corporate trustee, which may be any trust company or national or
state bank in Indiana that has trust powers.
(b) The trust indenture under subsection (a) may:
(1) pledge or assign revenue received by the metropolitan
transit district, amounts deposited in a metropolitan transit
district fund, and lease rentals, receipts, and income from
leased projects, but may not mortgage land or projects;
(2) contain reasonable and proper provisions for protecting
and enforcing the rights and remedies of the bondholders,
including covenants setting forth the duties of the
metropolitan transit district and the board;
(3) set forth the rights and remedies of bondholders and
trustees; and
(4) restrict the individual right of action of bondholders.
(c) Any pledge or assignment made by the metropolitan transit
district under this section is valid and binding in accordance with
IC.5-1-14-4 from the time that the pledge or assignment is made,
against all persons whether they have notice of the lien. Any trust
indenture by which a pledge is created or an assignment made need
not be filed or recorded. The lien is perfected against third parties
in accordance with IC.5-1-14-4.
Sec. 4. The total amount of bonds issued by the metropolitan
transit district under this article and scheduled to be paid during
any year may not exceed an amount equal to twenty-five percent
(25%) of the total operating and capital revenues of the
metropolitan transit district in the year preceding the year in
which the bonds are issued.
Sec. 5. Bonds issued under this article are legal investments for
private trust funds and the funds of banks, trust companies,
insurance companies, building and loan associations, credit unions,
savings banks, private banks, loan and trust and safe deposit
companies, rural loan and savings associations, guaranty loan and
savings associations, mortgage guaranty companies, small loan
companies, industrial loan and investment companies, and other
financial institutions organized under Indiana law.
Sec. 6. An action to contest the validity of bonds to be issued
under this article may not be brought after the time limitations set
forth in IC.5-1-14-13.
Sec. 7. The general assembly covenants that it will not:
(1) repeal or amend this article in a manner that would
adversely affect owners of outstanding bonds, or the payment
of lease rentals, secured by the amounts pledged under this
article; or
(2) in any way impair the rights of owners of bonds of the
metropolitan transit district, or the owners of bonds secured
by lease rentals or by a pledge of revenues under this article.
Sec. 8. (a) If the metropolitan transit district board determines
that the sum of:
(1) the cost of a proposed project of the district that would be
financed by bonds issued under this chapter; and
(2) the total amount of money expended by the district as of
the date of the board's determination;
exceeds the amount published under IC 36-9.1-6-7 by more than
five percent (5%), the district may not issue bonds for the project
unless the issuance is approved by the voters in each county that is
a member of the district in a local public question held under this
section.
(b) To obtain the approval of the voters, each authorizing body
in the district shall adopt an ordinance to certify the following
question to its county election board, and the county election board
shall place the question on the election ballot at the next general
election in accordance with IC 3-10-9:
"Shall the metropolitan transit district have the ability to
issue bonds in an amount not to exceed _____________ (insert
the amount to be financed by the proposed bond issuance) to
finance ___________ (insert the type of project to be financed
if approved by the voters) in _________________ (insert the
name of the county or municipality in which the proposed
project is located)?".
(c) After an election on the local public question, the circuit
court clerk of the county shall:
(1) make a certified copy of the election returns; and
(2) not later than five (5) days after the election, file the copy
with:
(A) the department of state revenue; and
(B) the authorizing body of the county.
(d) The local public question is approved by a county if a
majority of the county voters voting on the local public question
vote "yes". The local public question is defeated by a county if a
majority of the county voters voting on the local public question
vote "no".
(e) If the local public question is defeated in a county, the
authorizing body may adopt an ordinance under this section to
place another local public question on the ballot as provided in this
section at a subsequent general election in the county. However, a
local public question under this section may not be placed on the
ballot more than two (2) times in any five (5) year period.
Chapter 13. Leases and Agreements With Public
Transportation Agencies
Sec. 1. (a) Before a lease may be entered into by the
metropolitan transit district, the board must find that the lease
rental provided for is fair and reasonable.
(b) A lease of land or a project by the metropolitan transit
district:
(1) may not have a term exceeding twenty-five (25) years;
(2) may not require payment of lease rentals for a newly
constructed project or for improvements to an existing
project until the project or improvements to the project have
been completed and are ready for occupancy or use;
(3) may contain provisions:
(A) allowing the metropolitan transit district to continue to
operate an existing project until completion of the
acquisition, improvements, reconstruction, or renovation
of that project or any other project; and
(B) requiring payment of lease rentals for land, for an
existing project being used, reconstructed, or renovated, or
for any other existing project;
(4) may contain an option to renew the lease for the same or
a shorter term on the conditions provided in the lease;
(5) must contain an option for the metropolitan transit district
to purchase the project upon the terms stated in the lease
during the term of the lease for a price equal to the amount
required to pay all indebtedness incurred on account of the
project, including indebtedness incurred for the refunding of
that indebtedness;
(6) may be entered into before acquisition or construction of
a project;
(7) may provide that the metropolitan transit district shall
agree to:
(A) pay any taxes and assessments on the project;
(B) maintain insurance on the project;
(C) assume responsibility for utilities, repairs, alterations,
and any costs of operation; and
(D) pay a deposit or series of deposits to the lessor from
any funds available to the metropolitan transit district
before the commencement of the lease to secure the
performance of the metropolitan transit district's
obligations under the lease; and
(8) must provide that the lease rental payments by the
metropolitan transit district shall be made from:
(A) net revenues of the project;
(B) any other funds available to the metropolitan transit
district; or
(C) both sources described in clauses (A) and (B).
Sec. 2. This article contains full and complete authority for
leases by a metropolitan transit district. No law, procedure,
proceedings, publications, notices, consents, approvals, orders, or
acts by the metropolitan transit district or any other officer,
department, agency, or instrumentality of the state or any political
subdivision is required to enter into any lease, except as prescribed
in this article.
Sec. 3. If a lease provides for a project or improvements to a
project to be constructed by the metropolitan transit district, the
plans and specifications shall be submitted to and approved by all
state agencies designated by law to pass on plans and specifications
for public buildings.
Sec. 4. The metropolitan transit district may enter into common
wall (party wall) agreements or other agreements concerning
easements or licenses. These agreements shall be recorded with the
recorder of the county in which the project is located.
Chapter 14. Use of Money by the Metropolitan Transit District
Sec. 1. Subject to section 3 of this chapter, the metropolitan
transit district shall use the money received by the district for the
capital and operating expenses of the district.
Sec. 2. The money must be used in accordance with the
metropolitan transit district's transportation plan.
Sec. 3. Federal highway revenues received from a metropolitan
planning organization or the Indianapolis regional transportation
council:
(1) must be used for route and station infrastructure; and
(2) may not be used for the purchase of vehicles.
Sec. 4. The metropolitan transit district may not impose any tax.