February 15, 2001
HOUSE BILL No. 1908
_____
DIGEST OF HB 1908
(Updated February 14, 2001 9:51 AM - DI 94)
Citations Affected: IC 8-5; noncode.
Synopsis: Commuter transportation district board. Defines "passenger"
for purposes of the law governing commuter transportation districts.
Adds one passenger member and one employee member to the board
of trustees of a commuter transportation district. Provides for the
method of initial appointment and future appointments for the
passenger member and the employee member.
Effective: July 1, 2001.
Stevenson, Budak, Cheney, Pelath,
Fry
, Dumezich
, Lawson L
, Ayres
January 17, 2001, read first time and referred to Committee on Local Government.
February 14, 2001, amended, reported _ Do Pass.
February 15, 2001
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1908
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 8-5-15-1; (01)HB1908.1.1. -->
SECTION 1. IC 8-5-15-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this chapter:
"Board" means the board of trustees of the commuter transportation
district.
"Commuter transportation system" means any rail common carrier
of passengers for hire, the line, route, road, or right-of-way of which
crosses one (1) or more county boundaries and one (1) or more
boundaries of the state and serves residents in more than one (1)
county. This system is limited to commuter passenger railroads.
"Cost" as applied to a railroad or railroad project includes:
(1) the cost of construction;
(2) the cost of acquisition of personal property, capital stock, land,
rights-of-way, property rights, easements, and interests;
(3) the cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring any
lands to which such buildings or structures may be moved;
(4) the cost of relocating public roads and land, or of easements;
(5) the cost of all machinery and equipment, financing charges,
interest before and during construction and for not exceeding two
(2) years after the estimated date of completion of construction;
(6) the cost of engineering and legal expenses, plans,
specifications, surveys, estimates of cost, traffic, and revenues,
other expenses necessary or incident to determining the feasibility
or practicability of constructing or acquiring any such project;
(7) administrative expense; and
(8) such other expenses as may be necessary or incident to the
construction or acquisition, of the project, the financing of the
construction or acquisition, and the placing of the project in
operation.
"District" means a commuter transportation district established
under this chapter.
"Passenger" means a frequent user of the commuter
transportation system who can demonstrate an interest and
familiarity with the commuter transportation system.
"Project" or "railroad project" includes any facilities, adjuncts, and
appurtenances necessary to operate a railroad, such as lines, routes,
roads, rights-of-way, easements, licenses, permits, tangible personal
property, and real property. It also includes all or a majority of the
outstanding capital stock of a corporation that operates a railroad.
"Revenues" means all fees, tolls, rentals, gifts, grants, money, and
all other funds coming into the possession or under the control of the
board by virtue of this chapter, but does not include real property or
personal property other than money, nor the proceeds from the sale of
bonds issued under this chapter.
SOURCE: IC 8-5-15-3; (01)HB1908.1.2. -->
SECTION 2. IC 8-5-15-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: 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.
(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) One (1) member representing the rest of the state, appointed
by the governor.
(4) 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 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.
(5) 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.
(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) (d) 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) 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 commuter member on the board of trustees and provide
information on submitting a letter of interest. The notice must state
the period in which the commuter must submit a letter of interest.
The notice must remain posted until 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; and
(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; and
(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); and
(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: ; (01)HB1908.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2001]
(a) Notwithstanding
IC 8-5-15-3, as amended by this act, not later than August 1, 2001,
the district shall post in each commuter station in the district a
notice of the opening on the commuter transportation district
board of trustees. The notice must announce the opening for an
initial 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 October 1, 2001. Not later
than November 1, 2002, the governor shall appoint the initial
passenger member selected from among the passengers who
submitted a letter of interest.
(b) Notwithstanding IC 8-5-15-3, as amended by this act, not
later than November 1, 2001, the governor shall appoint an
employee representative to the commuter transportation district
board.
(c) This SECTION expires January 1, 2003.