January 10, 2012, read first time and referred to Committee on Roads and Transportation.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1356
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-23-9-55; (12)IN1356.1.1. -->
SECTION 1. IC 8-23-9-55 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 55. Money in the state
highway fund shall be used for the following:
(1) Operation of the department, including the development and
implementation of a highway funding pilot program under
IC 8-23-29.
(2) Construction, reconstruction, operation, maintenance, and
control of the state highways that are the responsibility of the
department and of tollways that are the responsibility of the
department under IC 8-15-3.
SOURCE: IC 8-23-29; (12)IN1356.1.2. -->
SECTION 2. IC 8-23-29 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]:
Chapter 29. Alternative Highway Funding Pilot Program
Sec. 1. The department may develop one (1) or more pilot
programs to explore alternatives to the motor fuel tax for funding
the state highway system. A pilot program may include a program
that tests technology and methods for:
(1) identifying motor vehicles;
(2) collecting and reporting the number of miles traveled by
a particular vehicle; and
(3) receiving payments from participants in the pilot program.
Sec. 2. The department shall evaluate the technology and
methods used in a pilot program under this chapter for the
following:
(1) Reliability.
(2) Ease of use.
(3) Public perception.
(4) Cost of implementation and administration.
(5) Potential for evasion or avoidance of accurate reporting.
Sec. 3. (a) The department may solicit volunteers to participate
in a pilot program under this chapter. A participant must agree to:
(1) report the participant's use of the state highway system as
required by the department;
(2) pay any fees established under the program; and
(3) display on or in the participant's vehicle a decal or other
identifying marker required under the program.
(b) The department may compensate a participant.
Sec. 4. (a) The department shall establish and impose fees for
each pilot program the department develops under this chapter.
(b) A fee established under subsection (a) must be:
(1) collected from each participant in a pilot program; and
(2) based on each participant's use of the state highway
system.
(c) A fee established and collected under this section is in lieu of
any motor fuel tax otherwise imposed on and paid by a participant
under IC 6-6.
(d) The department, in conjunction with the department of state
revenue, shall establish a procedure by which a participant that
pays the motor fuel tax while participating in a pilot program
under this chapter may apply to the department of state revenue
for a refund equal to the amount of motor fuel tax actually paid by
the participant.
Sec. 5. (a) The department shall issue a decal or other
identifying marker for each motor vehicle registered under IC 9-18
to a participant in a pilot program under this chapter. The
participant shall display the decal or other identifying marker on
each motor vehicle registered under IC 9-18 to the participant
while participating in a pilot program.
(b) A participant shall return the decal or other identifying
marker to the department when the participant ceases to
participate in the pilot program.
Sec. 6. (a) The department may terminate:
(1) a pilot program; or
(2) a participant's participation in a pilot program;
under this chapter at any time and without notice.
(b) Upon the termination of a pilot program or a participant's
participation in a pilot program under this chapter, the
department shall collect any fees imposed under section 4 of this
chapter on:
(1) participants in the terminated pilot program; or
(2) the participant whose participation in the pilot program
has been terminated;
that remain outstanding on the date of termination.
Sec. 7. The department may adopt rules under IC 4-22-2 to
carry out its responsibilities under this chapter.
SOURCE: IC 36-9-3-13; (12)IN1356.1.3. -->
SECTION 3. IC 36-9-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. The board may:
(1) exercise the executive and legislative powers of the authority
as provided by this chapter;
(2) as a municipal corporation, sue and be sued in its name;
(3) sell, lease, or otherwise contract for advertising in or on the
facilities of the authority;
(4) protect all property owned or managed by the board;
(5) adopt an annual budget;
(6) incur indebtedness in the name of the authority in accordance
with this chapter;
(7) acquire real, personal, or mixed property by deed, purchase,
or lease and dispose of it for use in connection with or for
administrative purposes;
(8) receive gifts, donations, bequests, and public trusts, agree to
conditions and terms accompanying them, and bind the authority
to carry them out;
(9) receive federal or state aid and administer that aid;
(10) erect the buildings or structures needed to administer and
carry out this chapter;
(11) determine matters of policy regarding internal organization
and operating procedures not specifically provided for by law;
(12) adopt a schedule of reasonable charges and rents, and collect
them from all users of facilities and services within the
jurisdiction of the authority;
(13) purchase supplies, materials, and equipment to carry out the
duties and functions of the board, in accordance with procedures
adopted by the board and under applicable statutes;
(14) employ the personnel necessary to carry out the duties,
functions, and powers of the board;
(15) sell any surplus or unneeded real and personal property in
accordance with procedures adopted by the board and under
applicable statutes;
(16) adopt rules governing the duties of its officers, employees,
and personnel, and the internal management of the affairs of the
board;
(17) fix the compensation of the various officers and employees
of the authority, within the limitations of the total personal
services budget;
(18) purchase public transportation services from public or
private transportation agencies upon the terms and conditions set
forth in purchase of service agreements between the authority and
the transportation agencies;
(19) acquire, establish, construct, improve, equip, operate,
maintain, subsidize, and regulate public transportation systems
within the jurisdiction of the authority;
(20) after receiving a request for assistance from a public
transportation system, enter into agreements with government
agencies, political subdivisions, private transportation companies,
railroads, and other persons providing for:
(A) construction, operation, and use by the other party of any
public transportation system and equipment held or later
acquired by the authority; and
(B) acquisition of any public transportation system and
equipment of another party if all or part of the operations of
that party take place within the jurisdiction of the authority;
(21) rent or lease any real property, including air rights above real
property owned or leased by a transportation system, for
transportation or other purposes, with the revenues from those
rentals to accrue to the authority and to be used exclusively for the
purposes of this chapter;
(22) negotiate and execute contracts of sale, purchase, or lease, or
contracts for personal services, materials, supplies, equipment, or
passenger transportation services;
(23) establish at or near its terminals and stations the off-street
parking facilities and access roads that are necessary and
desirable, and charge fees for or allow free use of those facilities;
(24) enter into agreements with other persons for the purpose of
participating in transportation planning activities;
(25) administer any rail services or other use of rail rights-of-way
that may be the responsibility of state or local government under
the Federal Regional Rail Reorganization Act of 1973, as
amended (45 U.S.C. sections 701-794);
(26) determine the level and kind of public transportation services
that should be provided by the authority;
and
(27) develop, using the applicable guidelines set forth in
IC 8-23-29, one (1) or more pilot programs to explore
alternatives to the motor fuel tax for funding the state
highway system; and
(27) (28) do all other acts necessary or reasonably incident to
carrying out the purposes of this chapter.