Bill Text: IN HB1069 | 2010 | Regular Session | Enrolled


Bill Title: Commuter transportation district board membership.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2010-03-25 - Effective 03/12/2010 [HB1069 Detail]

Download: Indiana-2010-HB1069-Enrolled.html


Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.


    HOUSE ENROLLED ACT No. 1069



     AN ACT to amend the Indiana Code concerning transportation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-5-15-3; (10)HE1069.1.1. -->
    SECTION 1. IC 8-5-15-3, AS AMENDED BY P.L.182-2009(ss), SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The district shall be supervised and managed by a board of trustees, which consists of the following:
        (1) Four (4) members, one (1) from each county that is a member of the district, appointed by that county's board of county commissioners. In the case of a member appointed or reappointed under this subdivision after December 31, 2009, the member must be a member of the board of county commissioners of the county that the member represents.
        (2) Four (4) members, one (1) from each county that is a member of the district, each of whom is the president of that county's county council or another council member designated by the president as a board member.
        (3) After June 30, 2010, one (1) member representing the rest of the state, appointed by the governor. The term of a member appointed or reappointed under this subdivision ends December 31, 2009.
        (4) After June 30, 2010, one (1) passenger member appointed by the governor. The member appointed under this subdivision must be selected from passengers who have submitted a letter of

interest to the governor. To be considered for this position, a passenger must submit a letter of interest to the governor during a two (2) week period that begins, in 2010, on May 2, 2010, and, in any year after 2010 in which the term of a member appointed under this subsection expires, sixty (60) days before the expiration of the term of the member appointed under this subdivision. A member of the board serving under this subdivision is not required to submit a letter of interest to be eligible for appointment to a successive term. The term of a member appointed or reappointed under this subdivision ends December 31, 2009.
        (5) After June 30, 2010, one (1) member who is an employee of the district, appointed by the governor from a list of names submitted by the labor unions representing the employees of the district. Each labor union representing employees of the district may submit one (1) name to be included on the list of names under this subdivision. The term of a member appointed or reappointed under this subdivision ends December 31, 2009.
    (b) A member shall serve for a term of two (2) years from the beginning of the term for which the member was appointed and until a successor has qualified for the office. Each member shall serve at the pleasure of the appointing authority but is eligible for reappointment for successive terms.
    (c) The members of the board shall elect for a one (1) year term:
        (1) one (1) member as chairman;
        (2) one (1) member to serve as vice chairman;
        (3) one (1) member to serve as secretary; and
        (4) one (1) member to serve as treasurer.
    (d) Not later than:
        (1) April 1, 2010; and
        (2) in any year after 2010 in which the term of a member appointed under subsection (a)(4) expires,
ninety (90) days before the expiration of the term of the board member appointed under subsection (a)(4);
the district shall post in each commuter station in the district a notice of the opening on the board of trustees. The notice must announce the opening for a passenger member on the board of trustees and provide information on submitting a letter of interest. The notice must state the period in which the passenger must submit a letter of interest. The notice must remain posted until, in 2010, May 15, 2010, and, in any subsequent year in which the term of a member appointed under subsection (a)(4) expires, the expiration of the two (2) week period

described in subsection (a)(4).
    (e) A member appointed under subsection (a)(4) or (a)(5) may not:
        (1) vote on issues involving perceived or actual financial conflicts of interest, including personnel issues, collective bargaining, and assessment or levy of taxes; or
        (2) participate in an executive session of the board under IC 5-14-1.5-6.1, on issues regarding:
            (A) the discussion of strategy for:
                (i) collective bargaining; or
                (ii) the initiation of litigation or litigation that is either pending or has been threatened specifically in writing;
            as described in IC 5-14-1.5-6.1(b)(2); or
            (B) the discussion of job performance evaluation of individual employees, except for a discussion of the salary, compensation, or benefits of employees during a budget process, as described in IC 5-14-1.5-6.1(b)(9).
    (f) The members appointed under subsection (a)(4) and (a)(5) must reside in different counties.

SOURCE: ; (10)HE1069.1.2. -->     SECTION 2. An emergency is declared for this act.


HEA 1069

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