February 20, 2007





HOUSE BILL No. 1742

_____


DIGEST OF HB 1742 (Updated February 19, 2007 11:35 am - DI 96)



Citations Affected: IC 36-9.

Synopsis: Northwest Indiana regional bus authority. Provides that LaPorte County or a second class city in LaPorte County shall become a member of the northwest Indiana regional bus authority 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 bus authority approves the membership of the county or city. Provides that if the county or a city becomes a member of the bus authority, the executive of the county or city shall appoint a member to the bus authority's board and a member to the citizens advisory council.


Effective: July 1, 2007.





Pelath




    January 26, 2007, read first time and referred to Committee on Roads and Transportation.
    February 19, 2007, amended, reported _ Do Pass.






February 20, 2007

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1742



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

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

SOURCE: IC 36-9-3-3; (07)HB1742.1.1. -->     SECTION 1. IC 36-9-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. Except as provided in section 3.5 of this chapter, the authority may be expanded to include one (1) or more additional counties or municipalities within the same planning district if resolutions approving the expansion are adopted by the fiscal bodies of:
        (1) the counties or municipalities to be added to the authority; and
        (2) a majority of the counties and municipalities already in the authority.
SOURCE: IC 36-9-3-3.5; (07)HB1742.1.2. -->     SECTION 2. IC 36-9-3-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3.5. (a) This section applies to a county with a population of more than one hundred ten thousand (110,000) but less than one hundred fifteen thousand (115,000) and any second class city located in the 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.

SOURCE: IC 36-9-3-5; (07)HB1742.1.3. -->     SECTION 3. IC 36-9-3-5, AS AMENDED BY P.L.1-2006, SECTION 584, AND AS AMENDED BY P.L.169-2006, SECTION 79, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) An authority is under the control of a board (referred to as "the board" in this chapter) that, except as provided in subsections (b) and (c), consists of:
        (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) 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 nineteen (19) twenty-one (21) members:
        (1) Three (3) members appointed by the executive of a city with a population of more than ninety thousand (90,000) but less than one hundred five thousand (105,000).
        (2) Two (2) members appointed by the executive of a city with a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000).
        (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 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).
            (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-five thousand (25,000) but less than twenty-seven thousand (27,000).
            (B) The executive of a city having a population of more than thirteen thousand nine hundred (13,900) but less than fourteen thousand two hundred (14,200).
            (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 twenty-seven thousand four hundred (27,400) but less than twenty-eight thousand (28,000), located within a county with a population of more than one hundred forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000), or the executive's designee.
        (13) The executive of a city with a population of more than thirty-three thousand (33,000) but less than thirty-six thousand (36,000), located within a county with a population of more than one hundred forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000), 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 forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000), 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:
            (A) Chesterton.
            (B) Porter.
            (C) Burns Harbor.
            (D) Dune Acres.
        The member appointed under this subdivision must be a resident of a town listed in this subdivision.
        (16) One (1) member appointed jointly by the township executives of the following townships located in Porter County:
            (A) Washington Township.
            (B) Morgan Township.
            (C) Pleasant Township.
            (D) Boone Township.
            (E) Union Township.
            (F) Porter Township.
            (G) Jackson Township.
            (H) Liberty Township.
            (I) Pine Township.


        The member appointed under this subdivision must be a resident of a township listed in this subdivision.
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 shall appoint one (1) member to serve on the board.
SOURCE: IC 36-9-3-6; (07)HB1742.1.4. -->     SECTION 4. IC 36-9-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) Except as provided in subsection (d), the appointments required by section 5 of this chapter must be made as soon as is practical, but not later than sixty (60) days after the adoption of the ordinance establishing the authority. If any appointing authority fails to make the required appointment within the sixty (60) day time limit, the circuit court from the jurisdiction of the appointing authority shall make the appointment without delay.
    (b) The term of office of a member of the board is:
        (1) two (2) years, for a member of a board located in a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); and
        (2) four (4) years, for all other boards;
and continues until the member's successor has qualified for the office. A member may be reappointed for successive terms.
    (c) A member of the board serves at the pleasure of the appointing authority.
    (d) An appointment to an authority located in a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) must be made not later than sixty (60) days after the adoption of the ordinance establishing the authority, or for the purpose of reappointments, sixty (60) days after a scheduled reappointment. If the appointing authority designated in section 5(c)(3), 5(c)(4), 5(c)(5), 5(c)(6), or 5(c)(8) of this chapter fails to make an appointment, the appointment shall be made by the governor. If a county or city becomes a member of the authority under section 3.5 of this chapter and the executive of the county or city fails to make an appointment to the board within sixty (60) days after the county or city becomes a member of the authority, the appointment shall be made by the governor. The governor shall select an individual from a list comprised of one (1) name from each appointing authority for that particular appointment.
SOURCE: IC 36-9-3-12.5; (07)HB1742.1.5. -->     SECTION 5. IC 36-9-3-12.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12.5. (a) This section applies only to an authority located in a county with a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
    (b) The board shall establish a citizens advisory council consisting of thirteen (13) members appointed as follows:
        (1) Three (3) members appointed by the executive of a city with a population of more than ninety thousand (90,000) but less than one hundred five thousand (105,000).
        (2) Two (2) members appointed by the executive of a city with a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000).
        (3) One (1) member appointed jointly by the executive of the following cities located within the county:
            (A) A city with a population of more than thirty-two thousand (32,000) but less than thirty-two thousand eight hundred (32,800).
            (B) 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).
        (4) One (1) member selected from a list of citizens submitted by community based organizations which advocate for public transportation by the fiscal body of the county.
        (5) One (1) member selected from a list of citizens submitted by community based organizations which advocate for public transportation by the county executive of the county.
        (6) One (1) member who is jointly appointed by the following individuals or entities representing municipalities that are located within the county:
            (A) The executive of a city having a population of more than twenty-five thousand (25,000) but less than twenty-seven thousand (27,000).
            (B) The executive of a city having a population of more than thirteen thousand nine hundred (13,900) but less than fourteen thousand two hundred (14,200).
            (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).
        (7) 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).
            (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).
        (8) 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).
        (9) 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 having a population of more than twenty-four thousand (24,000) but less than thirty thousand (30,000).
            (B) A town having a population of more than twelve thousand five hundred (12,500) but less than fifteen thousand (15,000).
            (C) A town having a population of more than eight thousand (8,000) but less than nine thousand (9,000).
        (10) One (1) member appointed by the fiscal body of a town having a population of more than thirty thousand (30,000) located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
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 shall appoint one (1) member to serve on the citizens advisory council.
    (c) A member of a citizens advisory council:
        (1) must live in the geographic area represented by the appointing authority;
        (2) may not be:


            (A) an elected official; or
            (B) a public employee of the appointing authority;
        (3) may serve a two (2) year term; and
        (4) may be reappointed to multiple terms.
    (d) The citizens advisory council shall:
        (1) meet at least once every six (6) months;
        (2) review and make recommendations to the board on:
            (A) the authority plan;
            (B) the proposed route and time schedule changes of the regional transportation system;
            (C) the authority budget; and
            (D) the hiring of the authority director;
        (3) be responsible for assuring direct citizen input into the authority plan; and
        (4) refer all complaints and concerns of citizens to the appropriate person or committee within the authority.