Sec. 58. (a) An urban mass transportation system operating under this chapter is considered a common carrier not operating under a franchise or contract granted by a municipality and not regulated by ordinance, and is subject to the authority of the department of state revenue under IC 8-2.1 to the same extent as any other common carrier. However, in determining the reasonableness of the fares and charges of such a system, the department of state revenue shall consider, among other factors, the policy of this chapter to foster and assure the development and maintenance of urban mass transportation systems, and it is not necessary that the operating revenues of the system be sufficient to cover the cost to the system of providing adequate service.
(b) If a public transportation corporation providing public transportation services in Marion County expands its service through a public transportation project authorized and funded under IC 8-25, the public transportation corporation shall establish fares and charges that cover at least twenty-five percent (25%) of the operating expenses of the urban mass transportation system operated by the public transportation corporation. For purposes of this subsection, operating expenses include only those expenses incurred in the operation of fixed route services that are established or expanded as a result of a public transportation project authorized and funded under IC 8-25. The public transportation corporation annually shall report on the corporation's compliance with this subsection not later than sixty (60) days after the close of the corporation's fiscal year. The report must include information on any fare increases necessary to achieve compliance. The public transportation corporation shall submit the report to the department of local government finance and make the report available electronically through the Indiana transparency Internet web site established under IC 5-14-3.8.
(c) If a public transportation corporation fails to prepare and disclose the annual report in the manner required by subsection (b), any person subject to a tax described in IC 8-25 may initiate a cause of action in the circuit court or superior court of the eligible county to compel the appropriate officials of the public transportation corporation to prepare and disclose the annual report not later than thirty (30) days after a court order mandating the public transportation corporation to comply with subsection (b) is issued by the circuit court or superior court.
As added by P.L.99-1989, SEC.36. Amended by P.L.153-2014, SEC.20; P.L.84-2016, SEC.185.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 4. Urban Mass Transportation Systems; Public Transportation Corporation
36-9-4-1. Application of Chapter
36-9-4-2. "Management" Defined
36-9-4-3. Declaration of Public Purpose
36-9-4-4. Existing Systems; Application for Assistance From Municipalities
36-9-4-5. Financial Assistance From Municipality; Necessary Findings; Types of Assistance
36-9-4-6. Grants to Systems by Municipalities; Contracts
36-9-4-7. Purchase of Property From System by Municipality; Contracts and Leases; Appraisals
36-9-4-9. Public Acquisition of Systems; Application to Municipality; Studies
36-9-4-11. Establishment of Systems by Municipalities
36-9-4-12. Public Transportation Corporation; Name
36-9-4-14. Public Transportation Corporation; Management by Board of Directors
36-9-4-15. Cities; Public Transportation Corporations; Board of Directors; Membership
36-9-4-16. Towns; Public Transportation Corporations; Board of Directors; Membership
36-9-4-17. Directors; Membership in Political Parties
36-9-4-18. Board of Directors; Vacancies
36-9-4-19. Impeachment of Directors
36-9-4-20. Compensation of Directors
36-9-4-21. Board of Directors; Officers
36-9-4-22. Meetings of Board of Directors
36-9-4-23. Board of Directors; Quorum; Approval of Actions; Records; Management of Internal Affairs
36-9-4-24. Introduction of Proposed Ordinances; Public Notice
36-9-4-25. Adoption of Ordinances; Procedure
36-9-4-26. Printing and Distribution of Ordinances
36-9-4-28. Purchase of Property From System by Corporation
36-9-4-29.4. Expansion of Services Outside Operational Boundaries
36-9-4-30. Board of Directors; Power to Acquire, Hold, and Dispose of Property
36-9-4-31. Board of Directors; Seal
36-9-4-32. Eminent Domain; Procedure
36-9-4-33. Board of Directors; Power to Contract
36-9-4-36. Board of Directors; Power to Sue; Service of Process
36-9-4-37. Board of Directors; Employees; Collective Bargaining Agreements
36-9-4-38. Surveys and Studies
36-9-4-39. "Demand-Responsive" or "Dial-a-Ride" System
36-9-4-40. Board of Directors; Power to Fulfill Purposes of Corporation
36-9-4-41. Acquisition of Systems by Corporation; Protection of Employees
36-9-4-43. Issuance of Bonds by Municipality; Procedure
36-9-4-44. Issuance of Bonds by Corporation; Procedure
36-9-4-45. Bonds; Terms; Tax Exemption; Procedure
36-9-4-46. Bonds; Special Tax Levy
36-9-4-47. Tax Anticipation Warrants
36-9-4-48. Cumulative Transportation Fund; Establishment; Notice; Tax Levy
36-9-4-49. Insufficient Funds; Special Tax Levy
36-9-4-50. Federal or State Aid
36-9-4-51. Review of Annual Budget and Tax Levies
36-9-4-52. Property Tax Exemption
36-9-4-53. Books, Records, and Accounts
36-9-4-54. Transportation of School Pupils; Contracts
36-9-4-55. Interlocal Cooperation Agreements; Authorization
36-9-4-57. Improvement Reserve Fund
36-9-4-58. Regulation of Department of State Revenue; Fares; Operating Expenses