Bill Text: IN HB1366 | 2011 | Regular Session | Amended
Bill Title: Northwest Indiana bus commission.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-03-03 - Senator Rogers added as third sponsor [HB1366 Detail]
Download: Indiana-2011-HB1366-Amended.html
Citations Affected: IC 8-24; IC 36-1; IC 36-7.5; IC 36-7.6; IC 36-9.
Synopsis: Northwest Indiana bus commission. Requires a regional
transportation authority of which Lake County is a member to be
named the northwest Indiana bus commission (NIBC). Establishes the
membership of the NIBC. Establishes the membership of the NIBC
board. Requires the executive director of the NIBC to have at least
seven years experience in public transportation at a senior executive
level. Requires the NIBC board to submit a biennial fiscal plan to the
Lake County fiscal body. Repeals definitions of "regional bus
authority" and "regional bus authority project".
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Roads and Transportation.
January 27, 2011, amended, reported _ Do Pass.
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
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) An automated transit district established under IC 8-9.5-7.
(2) A regional transportation authority established under IC 36-9-3-2.
(3)
(4) A public transportation corporation established under IC 36-9-4.
development project" has the meaning set forth in IC 6-3.5-7-13.1(c).
The term also includes any project related to transportation services,
transportation infrastructure, or the development or construction of a
hotel or other tourism destination.
(b) An entity entering into an agreement under this chapter that is
related to an economic development project may do any of the
following to carry out the agreement:
(1) After appropriation by the entity's fiscal body, transfer money
derived from any source to any of the following:
(A) One (1) or more entities that have entered into the
agreement.
(B) An economic development entity (as defined in section 15
of this chapter) established by an entity that has entered into
the agreement.
(C) A regional development authority, including the northwest
Indiana regional development authority established by
IC 36-7.5-2-1.
(D) A regional transportation authority including the regional
bus authority northwest Indiana bus commission established
under IC 36-9-3-2(c).
(2) Transfer any property or provide personnel, services, or
facilities to any entity or authority described in subdivision (1)(A)
through (1)(D).
(1) An airport authority.
(2) A commuter transportation district.
(3)
(4) A regional transportation authority established under IC 36-9-3-2.
(5) A shoreline development commission under IC 36-7-13.5.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12.5. "Northwest Indiana bus
commission" means a regional transportation authority operating
as the northwest Indiana bus commission under IC 36-9-3-2(c).
(1) acquiring, constructing, equipping, owning, leasing, and financing projects and facilities for lease to or for the benefit of eligible political subdivisions under this article;
(2) funding and developing the Gary/Chicago International Airport expansion and other airport authority projects, commuter transportation district and other rail projects and services,
(3) assisting with the funding of infrastructure needed to sustain development of an intermodal facility in northwestern Indiana.
(1) Assist in the coordination of local efforts concerning projects.
(2) Assist a commuter transportation district, an airport authority, a shoreline development commission, a regional transportation authority, and
(3) Fund projects as provided in this article.
(4) Fund bus services (including fixed route services and flexible or demand-responsive services) and projects related to bus services and bus terminals, stations, or facilities.
(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and projects located in an eligible county or eligible municipality.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projects or other capital improvements owned by the development authority and lease them to or for the benefit of an eligible political subdivision.
(4) Acquire land or all or a portion of one (1) or more projects from an eligible political subdivision by purchase or lease and lease the land or projects back to the eligible political subdivision, with any additional improvements that may be made to the land or projects.
(5) Acquire all or a portion of one (1) or more projects from an eligible political subdivision by purchase or lease to fund or refund indebtedness incurred on account of the projects to enable the eligible political subdivision to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the eligible political subdivision considers to be unduly burdensome.
(6) Make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority or airport development authority.
(C) A shoreline development commission.
(D)
(i) Bus services (including fixed route services and flexible or demand-responsive services) that are a component of a public transportation system.
(ii) Bus terminals, stations, or facilities or other
(E) A regional transportation authority.
(7) Provide funding to assist a railroad that is providing commuter
transportation services in an eligible county or eligible
municipality.
(8) Provide funding to assist an airport authority located in an
eligible county or eligible municipality in the construction,
reconstruction, renovation, purchase, lease, acquisition, and
equipping of an airport facility or airport project.
(9) Provide funding to assist in the development of an intermodal
facility to facilitate the interchange and movement of freight.
(10) Provide funding to assist a shoreline development
commission in carrying out the purposes of IC 36-7-13.5.
(11) Provide funding for economic development projects in an
eligible county or eligible municipality.
(12) Hold, use, lease, rent, purchase, acquire, and dispose of by
purchase, exchange, gift, bequest, grant, condemnation, lease, or
sublease, on the terms and conditions determined by the
development authority, any real or personal property located in an
eligible county or eligible municipality.
(13) After giving notice, enter upon any lots or lands for the
purpose of surveying or examining them to determine the location
of a project.
(14) Make or enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers under this article.
(15) Sue, be sued, plead, and be impleaded.
(16) Design, order, contract for, and construct, reconstruct, and
renovate a project or improvements to a project.
(17) Appoint an executive director and employ appraisers, real
estate experts, engineers, architects, surveyors, attorneys,
accountants, auditors, clerks, construction managers, and any
consultants or employees that are necessary or desired by the
development authority in exercising its powers or carrying out its
duties under this article.
(18) Accept loans, grants, and other forms of financial assistance
from the federal government, the state government, a political
subdivision, or any other public or private source.
(19) Use the development authority's funds to match federal
grants or make loans, loan guarantees, or grants to carry out the
development authority's powers and duties under this article.
(20) Except as prohibited by law, take any action necessary to
carry out this article.
(b) If the development authority is unable to agree with the owners,
lessees, or occupants of any real property selected for the purposes of
this article, the development authority may proceed under IC 32-24-1
to procure the condemnation of the property. The development
authority may not institute a proceeding until it has adopted a
resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the development authority of the property involved;
and
(3) sets out any other facts that the development authority
considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition.
(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and projects that are of regional importance.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projects or other capital improvements owned by the development authority and lease them to or for the benefit of an eligible political subdivision.
(4) Construct or reconstruct highways, roads, and bridges.
(5) Acquire land or all or a part of one (1) or more projects from an eligible political subdivision by purchase or lease and lease the land or projects back to the eligible political subdivision, with any additional improvements that may be made to the land or projects.
(6) Acquire all or a part of one (1) or more projects from an eligible political subdivision by purchase or lease to fund or refund indebtedness incurred on account of the projects to enable the eligible political subdivision to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the eligible political subdivision considers to be unduly burdensome.
(7) Make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority.
(C) A regional transportation authority. A loan, a loan
guarantee, a grant, or other financial assistance under this
clause may be used by a regional transportation authority for
acquiring, improving, operating, maintaining, financing, and
supporting the following:
(i) Bus services (including fixed route services and flexible
or demand-responsive services) that are a component of a
public transportation system.
(ii) Bus terminals, stations, or facilities or other regional bus
authority northwest Indiana bus commission projects.
(D) A county.
(E) A municipality.
(8) Provide funding to assist a railroad that is providing commuter
transportation services in a county containing territory included
in the development authority.
(9) Provide funding to assist an airport authority located in a
county containing territory included in the development authority
in the construction, reconstruction, renovation, purchase, lease,
acquisition, and equipping of an airport facility or airport project.
(10) Provide funding for intermodal transportation projects and
facilities.
(11) Provide funding for regional trails and greenways.
(12) Provide funding for economic development projects.
(13) Hold, use, lease, rent, purchase, acquire, and dispose of by
purchase, exchange, gift, bequest, grant, condemnation, lease, or
sublease, on the terms and conditions determined by the
development authority, any real or personal property.
(14) After giving notice, enter upon any lots or lands for the
purpose of surveying or examining them to determine the location
of a project.
(15) Make or enter into all contracts and agreements necessary or
incidental to the performance of the development authority's
duties and the execution of the development authority's powers
under this article.
(16) Sue, be sued, plead, and be impleaded.
(17) Design, order, contract for, construct, reconstruct, and
renovate a project or improvements to a project.
(18) Appoint an executive director and employ appraisers, real
estate experts, engineers, architects, surveyors, attorneys,
accountants, auditors, clerks, construction managers, and any
consultants or employees that are necessary or desired by the
development authority in exercising its powers or carrying out its
duties under this article.
(19) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a political subdivision, or any other public or private source.
(20) Use the development authority's funds to match federal grants or make loans, loan guarantees, or grants to carry out the development authority's powers and duties under this article.
(21) Except as prohibited by law, take any action necessary to carry out this article.
(b) Projects funded by a development authority must be of regional importance.
(c) If a development authority is unable to agree with the owners, lessees, or occupants of any real property selected for the purposes of this article, the development authority may proceed under IC 32-24-1 to procure the condemnation of the property. The development authority may not institute a proceeding until it has adopted a resolution that:
(1) describes the real property sought to be acquired and the purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the acquisition by the development authority of the property involved; and
(3) sets out any other facts that the development authority considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the proposed acquisition.
(b) The ordinance establishing the authority must include an effective date and a name for the authority. Except as provided in subsection (c), the words "regional transportation authority" must be included in the name of the authority.
(c) After December 31, 2009, this subsection applies if a county is not a member of the northern Indiana regional transportation district established under IC 8-24. The words
(d) After December 31, 2009, this subsection applies if a county is a member of the northern Indiana regional transportation district established under IC 8-24 and has a population of:
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than one hundred forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000).
In such a county the regional bus authority or regional transportation authority, whichever applies, is abolished effective January 1, 2010. After December 31, 2009, a regional transportation authority may not be established by a fiscal body of such a county or a municipality in such a county.
(b) A county or city described in subsection (a) shall become a member of an authority described in section 5(c) of this chapter if the fiscal body of the county or city adopts a resolution authorizing the county or city to become a member of the authority and the board of the authority approves the membership of the county or city.
(1) two (2) members appointed by the executive of each county in the authority;
(2) one (1) member appointed by the executive of the largest municipality in each county in the authority;
(3) one (1) member appointed by the executive of each second class city in a county in the authority; and
(4) one (1) member from any other political subdivision that has public transportation responsibilities in a county in the authority.
(b) An authority that includes a consolidated city is under the control of a board consisting of the following:
(1) Two (2) members appointed by the executive of the county having the consolidated city.
(2) One (1) member appointed by the board of commissioners of the county having the consolidated city.
(3) One (1) member appointed by the executive of each other county in the authority.
(4) Two (2) members appointed by the governor from a list of at least five (5) names provided by the Indianapolis regional transportation council.
(5) One (1) member representing the four (4) largest municipalities in the authority located in a county other than a county containing a consolidated city. The member shall be appointed by the executives of the municipalities acting jointly.
(6) One (1) member representing the excluded cities located in a county containing a consolidated city that are members of the authority. The member shall be appointed by the executives of the excluded cities acting jointly.
(7) One (1) member of a labor organization representing employees of the authority who provide public transportation services within the geographic jurisdiction of the authority. The labor organization shall appoint the member.
(c)
following municipalities located within a county having a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) A city with a population of more than five thousand one
hundred thirty-five (5,135) but less than five thousand two
hundred (5,200).
(B) A city with a population of more than thirty-two thousand
(32,000) but less than thirty-two thousand eight hundred
(32,800).
(4) One (1) member who is jointly appointed by the fiscal body of
the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000).
(A) A town with a population of more than fifteen thousand
(15,000) but less than twenty thousand (20,000).
(B) A town with a population of more than twenty-three
thousand (23,000) but less than twenty-four thousand
(24,000).
(C) A town with a population of more than twenty thousand
(20,000) but less than twenty-three thousand (23,000).
(5) One (1) member who is jointly appointed by the fiscal body of
the following municipalities located within a county with a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) A town with a population of more than eight thousand
(8,000) but less than nine thousand (9,000).
(B) A town with a population of more than twenty-four
thousand (24,000) but less than thirty thousand (30,000).
(C) A town with a population of more than twelve thousand
five hundred (12,500) but less than fifteen thousand (15,000).
(6) One (1) member who is jointly appointed by the following
authorities of municipalities located in a county having a
population of more than four hundred thousand (400,000) but less
than seven hundred thousand (700,000):
(A) The executive of a city with a population of more than
nineteen thousand eight hundred (19,800) but less than
twenty-one thousand (21,000).
(B) The fiscal body of a town with a population of more than
nine thousand (9,000) but less than twelve thousand five
hundred (12,500).
(C) The fiscal body of a town with a population of more than
five thousand (5,000) but less than eight thousand (8,000).
(2) The executive of each municipality with a population greater than nineteen thousand (19,000) located in the county.
If a county or city becomes a member of the authority under section 3.5 of this chapter, the executive of the county or city
(d) A member of a board described in subsection (c) may designate an alternate member to represent and act for the member. An alternate member designated under this subsection must have:
(1) at least five (5) years experience in:
(A) transportation management;
(B) financial management; or
(C) urban planning; and
(2) at least five (5) years experience as a member of another board.
(b) The executive director of an authority that includes a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) must have at least seven (7) years experience in public transportation at a senior executive level.
(1) fiscal body of the county or municipality that establishes the authority; and
(2) county board of tax adjustment and the department of local government finance under IC 6-1.1-17.
(b) Beginning October 1, 2011, and not later than October 1 of each odd numbered year thereafter, a board described in section 5(c) of this chapter shall submit a fiscal plan to the fiscal body of a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) for review.
; (11)HB1366.1.16. --> SECTION 16. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 36-7.5-1-14; IC 36-7.5-1-15.
