§ 36-9-4-58 — Regulation of department of state revenue; fares; operating expenses

Indiana § 36-9-4-58

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 4: Urban Mass Transportation Systems; Public

Text

(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.

Legislative History

As added by P.L.99-1989, SEC.36. Amended by P.L.153-2014, SEC.20; P.L.84-2016, SEC.185.