reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-11. Review and Evaluation of Applications

Sec. 11. (a) The board:
(1) shall review each application;
(2) may verify the contents of an application; and
(3) may visit the trail site that is the subject of an application.
(b) The board shall evaluate each complete application on the basis of the following criteria:
(1) Whether the predicted use of the trail justifies the construction and maintenance costs.
(2) Need, in terms of the population to be served and existing trails in the area.
(3) Compatibility with local, areawide, regional, or statewide plans.
(4) The acceptability of the proposed trail to property owners.
(5) The general acceptability of the proposed trail to the community at large.
(6) Benefits of multiple uses and recreational opportunities.
(7) Quality of the site.
(8) Economic benefits to the local area.
(9) Accessibility for persons with disabilities.
(10) Interference with any existing public utility use.
(11) Other criteria set by the board.
(c) The board shall determine the applicants to whom grants will be awarded.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-12. Funding Commitments

Sec. 12. The board is solely responsible for all funding commitments and shall determine which projects are funded, subject to availability of money in the fund.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-13. Funding by Board

Sec. 13. (a) The board may approve, modify, or deny an application for funds.
(b) The board may fund all or part of a project.
(c) The board may condition funding upon the applicant's adherence to a time schedule or to fulfillment of an agreement.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-14. Unexpended Funds

Sec. 14. The board is not required to commit all funds available during a fiscal year. The board may reserve unexpended or repaid money for the next programming cycle or for anticipated present or future project needs or for other contingencies.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-15. Limitations on Reimbursement

Sec. 15. Project costs that exceed the amount granted by the board may not be reimbursed from the fund or the state general fund. Reimbursement of project costs is limited to the percentage match approved by the board and actual eligible project costs incurred.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-16. Project Agreement

Sec. 16. (a) After the board has approved funding for a project, the department of natural resources and the applicant must execute a project agreement.
(b) Except as provided in subsection (d), the agreement shall specify the responsibilities for project planning, design, real property acquisition, contracting, construction and materials inspection, and documentation and the criteria for each.
(c) The agreement shall specify the overall funding level approved and contain an estimated budget for eligible work items.
(d) The agreement shall specify that the department of natural resources shall assume control of the trail if the project fails because the applicant breaches the agreement.
(e) An entity having jurisdiction over a road shall administer a project located on a road. The entity by agreement may delegate part or all of this responsibility.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-17. Reimbursement of Actual Project Costs

Sec. 17. (a) Actual eligible project costs incurred as specified in the agreement, not to exceed the amounts authorized by the project agreement, must be reimbursed.
(b) Project expenditures incurred after the board has made a funding commitment but before execution of the agreement may be reimbursed if prior written authorization is obtained from the department of natural resources and a project agreement is subsequently executed. However, reimbursement may not be paid until the project agreement has been executed.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-18. Real Property Acquisitions

Sec. 18. (a) Real property may be acquired by lease, by easement, or in fee simple.
(b) If real property is acquired in fee simple, title must be taken in the name of the state.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-19. Audits

Sec. 19. The department of natural resources may audit all project costs incurred for compliance with the agreement, including costs that are part of the matching contribution.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-20. Revocation or Repayment of Funds

Sec. 20. The board may revoke funding commitments or seek repayment of funds loaned or granted, or take both actions, if any of the following are true:
(1) The terms of the project agreement have not been fulfilled.
(2) The department of natural resources finds that the application contained inaccuracies, omissions, errors, or misrepresentations.
(3) The time schedule for project completion was misrepresented or has not been maintained.
(4) The authority fails to comply with section 4(a)(7) of this chapter.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 5. Recreational Trails Program › 8-4.5-5-21. Abandoned Projects

Sec. 21. (a) If a project is completed and later abandoned, the department shall inform the board as soon as is reasonably possible.
(b) After the board receives notification under subsection (a), the board shall consider all possible uses by the state, including continued abandonment of the corridor.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 6. Local Participation in Establishment of Recreational Trails › 8-4.5-6-1. Authorization

Sec. 1. (a) Subject to this chapter, a corridor may be used for a recreational trail.
(b) A recreational trail may not be authorized under this chapter to be used by motorized vehicles except for the following:
(1) Vehicles used to maintain or provide security for the trail.
(2) Vehicles used by persons with disabilities.
(c) A recreational trail may be authorized under this chapter on any part of a corridor that has rail traffic with the consent of the rail traffic operator and owner after consideration of appropriate and safe design and operation.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 6. Local Participation in Establishment of Recreational Trails › 8-4.5-6-2. Places to File

Sec. 2. Before a corridor in any part of a county may be converted for use as a recreational trail, a responsible party must file the information required by section 3 of this chapter with the following:
(1) The department of natural resources.
(2) If any part of the recreational trail is intended to be located in a municipality, with the executive of the municipality.
(3) If any part of the recreational trail is intended to be located on property not within a municipality, with the county executive of any county in which the recreational trail is intended to be located.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 6. Local Participation in Establishment of Recreational Trails › 8-4.5-6-4. Ordinances for Authorization and Regulation

Sec. 4. (a) After the responsible party completes the filings required by section 3 of this chapter:
(1) if the entire recreational trail is intended to be located within a municipality, the legislative body of the municipality may adopt an ordinance authorizing the recreational trail within the municipality; or
(2) if subdivision (1) does not apply, the legislative body of each county in which the recreational trail is intended to be located may adopt an ordinance authorizing the recreational trail within the county.
(b) A recreational trail is not authorized until both of the following occur:
(1) One (1) of the following applies:
(A) If the entire recreational trail is intended to be located in a municipality, the legislative body of the municipality adopts an ordinance under subsection (a)(1).
(B) If clause (A) does not apply, the legislative body of each county in which the recreational trail will be located adopts an ordinance under subsection (a)(2).
(2) The department of natural resources approves establishment of the recreational trail.
(c) The legislative body of a municipality or a county may adopt ordinances to regulate the use or operation of the recreational trail.
(d) The department of natural resources may do the following:
(1) Amend the approval given under subsection (b) to regulate the use or operation of the recreational trail.
(2) Authorize a county or a municipality to repeal an ordinance adopted under subsection (b) to revoke authorization of the recreational trail if the responsible party substantially breaches the trail operation agreement.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 6. Local Participation in Establishment of Recreational Trails › 8-4.5-6-5. Liability for Injury

Sec. 5. (a) A property owner has no duty of care to any person who is using a recreational trail.
(b) This section does not relieve a property owner from liability for injury that is a direct result of the property owner's:
(1) own use of a recreational trail; or
(2) gross negligence or willful or wanton misconduct.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 6. Local Participation in Establishment of Recreational Trails › 8-4.5-6-6. Erection of Fence

Sec. 6. At the request of a property owner, the responsible party (including a governmental entity), at the responsible party's expense, shall do the following:
(1) If the responsible party is not a governmental entity, either:
(A) post a bond in an amount sufficient to satisfy the responsible party's obligation to erect the fences requested under this section; or
(B) establish an escrow account with a financial institution or a person selected by mutual agreement with a property owner that contains sufficient money to erect the fences requested under this section.
The terms of the escrow agreement described in clause (B) must require that the money in the account be dedicated to the provision of the fences requested under this section with the surplus to be returned to the responsible party. The responsible party may post a single bond or establish a single escrow account to provide fences for more than one (1) property owner.
(2) Erect and maintain fencing between the recreational trail and the property owner's property. The fencing must be in accordance with current fencing standards of the Indiana department of transportation for urban or rural settings, as appropriate to the location of the recreational trail.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 4.5. Transportation Corridor Planning › Chapter 6. Local Participation in Establishment of Recreational Trails › 8-4.5-6-7. Determination by Governmental Entity

Sec. 7. A governmental entity shall determine that the requirements for approval of a recreational trail under this chapter have been satisfied before the governmental entity may do either of the following:
(1) Participate in the operation of a recreational trail.
(2) Spend or grant money under its control for a recreational trail.
As added by P.L.40-1995, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 1. Interurban Railroads › 8-5-1-2. Crossings; Construction

Sec. 2. Where it becomes necessary for the track or trolley-wires of one (1) street railroad company to cross the track or trolley-wires of another street railroad company or the track of any railroad company the company owning the road last constructed at such crossing shall, unless otherwise agreed to between such companies, be at the exclusive expense of constructing such crossing in a manner to be convenient and safe for both companies.
Formerly: Acts 1901, c.207, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 1. Interurban Railroads › 8-5-1-3. Crossings; Maintenance

Sec. 3. Whenever such railroad crossing is constructed in the manner provided for in the preceding section, it shall be the duty of each company respectively to maintain and keep in repair its own track, so as at all times to provide a ready, safe and convenient crossing for all locomotives, trains or cars passing on either road at such point.
Formerly: Acts 1901, c.207, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-1. Definitions

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.
"Commissioner" means the commissioner of the Indiana department of transportation.
"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.
[Pre-Local Government Recodification Citation: 19-5-2.6-2.]
As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.64-1984, SEC.1; P.L.3-1989, SEC.63; P.L.295-2001, SEC.1; P.L.108-2019, SEC.146.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-2. Establishment; Composition; Name

Sec. 2. (a) The district is created and shall be composed solely of counties which are served by the system and through which the system passes.
(b) A district shall be a distinct municipal corporation and shall bear a name including the words "commuter transportation district". Such municipal corporation shall include all the territory of the counties that are served by the system and through which the system passes and shall be coterminous with such counties.
[Pre-Local Government Recodification Citation: 19-5-2.6-3.]
As added by Acts 1980, P.L.8, SEC.68. Amended by Acts 1981, P.L.67, SEC.5; P.L.385-1987(ss), SEC.2; P.L.108-2019, SEC.147.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-3. Board of Trustees; Membership; Term

Sec. 3. (a) The district shall be supervised and managed by a board of trustees, which consists of the following:
(1) The commissioner, or the commissioner's designee, who shall serve as chair of the board.
(2) Four (4) members appointed by the governor, consisting of one (1) elected official from each county that is served by the system and through which the system passes, not more than two (2) of whom may be from the same political party.
(b) Appointments to the board under subsection (a)(2) are for terms of four (4) years, except that the initial term of the initial members shall be one (1) year, two (2) years, three (3) years, and four (4) years, as determined by the governor in connection with the appointment of each such member. Each member appointed to the board under subsection (a)(2):
(1) holds office for the term of the appointment;
(2) continues to serve after expiration of the appointment until a successor is appointed and qualified;
(3) is eligible for reappointment; and
(4) may be removed from office by the governor with or without cause and serves at the pleasure of the governor.
The governor shall fill a vacancy for the unexpired term of any member appointed under subsection (a)(2).
(c) The board shall elect from among its members a vice chair, a secretary, and a treasurer.
[Pre-Local Government Recodification Citation: 19-5-2.6-4.]
As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.12-1983, SEC.18; P.L.64-1984, SEC.2; P.L.385-1987(ss), SEC.3; P.L.295-2001, SEC.2; P.L.182-2009(ss), SEC.263; P.L.48-2010, SEC.1; P.L.108-2019, SEC.148.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-4. Board; Powers; Meetings; Compensation

Sec. 4. (a) The board may exercise the executive and legislative power of the district as provided by this chapter.
(b) The board shall hold regular meetings, to be held not less than four (4) times a year, and shall keep its meetings open to the public.
(c) The members of the board are entitled to reimbursement for traveling expenses and other expenses incurred in connection with the members' duties, subject to state travel policies and procedures established by the state budget agency, to be paid by the district.
(d) A majority of the members appointed to the board constitutes a quorum for a meeting. The affirmative votes of a majority of the members are necessary for any action to be taken by the board.
[Pre-Local Government Recodification Citation: 19-5-2.6-5.]
As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.385-1987(ss), SEC.4; P.L.108-2019, SEC.149.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-5.6. Covenants With Bond Purchasers; Distributions From Electric Rail Service Fund

Sec. 5.6. (a) The general assembly covenants with the purchasers of any bonds issued pursuant to the authority of this chapter that the taxes providing the amounts to be distributed to the district from the electric rail service fund (IC 8-3-1.5-20.6) and the commuter rail service fund (IC 8-3-1.5-20.5), which amounts are pledged to the payment of those bonds, shall not be repealed, amended, or altered in any manner that would adversely affect the levy and collection of those taxes, or change the method of fixing the rates of those taxes, so long as the principal of, or interest on, any such bonds is unpaid.
(b) The board, on behalf of the state and the district, is hereby authorized to make a similar pledge or covenant in any agreement with the purchasers of any bonds issued pursuant to the authority of this chapter.
(c) For purposes of this section, the principal of or interest on bonds or notes shall be considered paid if provision has been made for their payment in such a manner that the bonds or notes are not considered to be outstanding under the provisions of the resolution or trust agreement pursuant to which the bonds or notes are issued.
As added by Acts 1981, P.L.67, SEC.9. Amended by P.L.385-1987(ss), SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-5.7. Commuter Transportation System Bond Fund; Reserve; Surplus

Sec. 5.7. (a) If there are bonds outstanding issued pursuant to section 5.4 of this chapter, the treasurer of the board shall deposit in a separate and distinct fund called the commuter transportation system bond fund all amounts distributed to the district from the commuter rail service fund (IC 8-3-1.5-20.5) and the electric rail service fund established by IC 8-3-1.5-20.6.
(b) "Bond fund requirement" means the total of the following:
(1) the principal of and interest on all outstanding bonds issued pursuant to this chapter becoming due in the next twelve (12) months; plus
(2) as a reserve for such payment the amount provided in the resolutions or trust agreements pursuant to which such bonds are issued which reserve shall not in any event exceed an amount equal to two (2) times the maximum amount of principal and interest coming due of such bonds in any subsequent year by reason of stated maturities, scheduled mandatory prepayments or by operation of any mandatory prepayments or by operation of any mandatory sinking fund (assuming for the purpose of the foregoing that all such bonds which are subject to mandatory redemption or prepayment are redeemed or prepaid in accordance with the requirements of such mandatory redemption or prepayment and further assuming that such bonds are otherwise redeemed or prepaid prior to maturity).
(c) Amounts in the commuter transportation bond fund up to the bond fund requirement shall be applied to the payment of principal of such bonds and the interest thereon and to no other purpose whatsoever. Any amount in the bond fund which exceeds the bond fund requirement may be expended by the board for any purpose authorized by this chapter.
(d) The reserve shall be held as a separate subaccount within such bond fund. To the extent authorized and directed in any resolution of the board or in any trust agreement providing for the issuance of bonds pursuant to this chapter, proceeds of such bonds may be deposited in such reserve subaccount. However, the amount so deposited when added to any amount then in such subaccount shall not exceed the maximum amount required to be in such subaccount as above provided.
As added by Acts 1981, P.L.67, SEC.10. Amended by P.L.385-1987(ss), SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-6. Conditions on Grant

Sec. 6. Any commuter transportation system receiving assistance from a district shall, as a condition of the grant:
(1) submit its operating budget for passenger service rendered to the district for public hearings annually at least ninety (90) days before the beginning of the system's fiscal year;
(2) permit the Indiana department of transportation (IC 8-23-2) to audit the financial books and records of the system as the department would audit any intrastate railroad; and
(3) assume the responsibility for operation and maintenance of the equipment in accordance with a lease agreement executed between the system and district.
[Pre-Local Government Recodification Citation: 19-5-2.6-7.]
As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.385-1987(ss), SEC.8; P.L.18-1990, SEC.65.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-7. Conflicts With Federal Law or Regulations; Levels of Services

Sec. 7. (a) Any provision of this chapter in conflict with the Interstate Commerce Act of the United States or any other federal law or regulations governing transportation by common carrier is void, but all other provisions of this chapter shall be given effect if possible, without the provision or provisions so voided.
(b) The board may eliminate service or reduce levels of service for the transportation of passengers or property only after obtaining approval by the Indiana department of transportation.
[Pre-Local Government Recodification Citation: 19-5-2.6-8.]
As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.64-1984, SEC.6; P.L.18-1990, SEC.66.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-8. Grant of Funds

Sec. 8. The board of commissioners of any county may authorize the grant of funds to any commuter transportation system serving or passing through the county for the purchase of equipment or other capital improvements. The grants shall be made to a district for distribution to the commuter transportation systems or for purchases of equipment or capital improvements to be used on or by the systems in connection with its public transportation operation.
[Pre-Local Government Recodification Citation: 19-5-2.6-9.]
As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.108-2019, SEC.151.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-9. Repealed

[Pre-Local Government Recodification Citation: 19-5-2.6-10.]
As added by Acts 1980, P.L.8, SEC.68. Amended by Acts 1981, P.L.67, SEC.11; P.L.385-1987(ss), SEC.9. Repealed by P.L.11-1993, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-10. Financial Records; Inspection; Publicity; Exclusion of Freight Service Costs

Sec. 10. (a) Any commuter transportation system which receives aid from the district under this chapter must make its financial records available for inspection during normal working hours by a designated representative of the district.
(b) The district may provide any information to the general public which it develops from its review of the system's financial records which relates to the qualification for financial aid by that system.
(c) The district shall develop a formula which fairly allocates the administrative and operational costs incurred by the system between its freight service and passenger service.
(d) No state or local funds may be expended to reimburse the system for costs allocated to freight service.
As added by Acts 1981, P.L.67, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-11. Proceeds of Bonds; Issuance of Interim Receipts or Temporary Bonds; Mutilated, Destroyed, or Lost Bonds

Sec. 11. (a) The proceeds of the bonds of each issue:
(1) shall be used solely for the payment of the cost of the railroad project for which the bonds have been issued; and
(2) shall be disbursed in such manner and under such restrictions, if any, as the board may provide in the resolution authorizing the issuance of the bonds or in the trust agreement securing the same.
(b) If the proceeds of the bonds of any issue, by error of estimates or otherwise, are less than the cost of the railroad project for which they have been issued, additional bonds may in like manner be issued to provide the amount of the deficit, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, the additional bonds shall be considered to be of the same issue and entitled to payment from that same fund without preference or priority of the bonds first issued.
(c) If the proceeds of the bonds of any issue exceed the cost of the railroad project for which they have been issued, the surplus shall be deposited to the credit of the sinking fund for those bonds.
(d) Before the preparation of definitive bonds, the board may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds that are mutilated, destroyed, or lost.
As added by P.L.64-1984, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-12. Revenue Refunding Bonds

Sec. 12. (a) The board may provide by resolution for the issuance of revenue refunding bonds of the district or revenue advance refunding bonds of the district, payable solely from revenues, for the purpose of refunding or advance refunding any bonds then outstanding that have been issued under this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if considered advisable by the board, for the additional purpose of constructing improvements, extensions, or enlargements of the railroad in connection with which the bonds to be refunded have been issued.
(b) The issuance of the bonds, the maturities and other details of the bonds, the rights of the bondholders, and the rights, duties, and obligations of the board in respect to the bonds, shall be governed by this chapter insofar as it may be applicable.
As added by P.L.64-1984, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-13. Money Received Under This Chapter; Disposition; Depositories; Trustee; Guaranteed Investment Contract

Sec. 13. (a) All money received under this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise:
(1) shall be considered to be trust funds to be held and applied solely as provided in this chapter; and
(2) except as provided in subsection (d), may be invested before the time when needed to the extent and in the manner provided by IC 5-13-9, insofar as applicable.
(b) The funds shall be kept in depositories as selected by the board in the manner provided by law.
(c) The resolution authorizing the issuance of bonds or the trust agreement securing the bonds must provide that any officer to whom, or any bank or trust company to which, the money is entrusted shall act as trustee of the money and shall hold and apply the money for the purposes of this section, subject to this chapter and the authorizing resolution or trust agreement.
(d) Proceeds received by the district from the sale of equipment in a sale and leaseback transaction may be invested in or used to purchase a guaranteed investment contract with an insurance company whose long term indebtedness is rated in one (1) of the two (2) highest categories by at least two (2) national rating services. The guaranteed investment contract may not exceed the term of the lease and may be assigned to secure performance of the lease.
As added by P.L.64-1984, SEC.9. Amended by P.L.19-1987, SEC.23; P.L.8-1996, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-14. Actions by Bondholders or Trustee; Protection and Enforcement of Rights; Enforcement and Compelling Performance of Duties Under Chapter

Sec. 14. Any holder of bonds issued under this chapter and the trustee under any trust agreement, except to the extent the rights granted by this chapter may be restricted by the authorizing resolution or trust agreement, may, either at law or in equity, by suit, action, mandamus, or other proceedings:
(1) protect and enforce all rights under Indiana law or granted under this chapter or under the trust agreement, or the resolution authorizing the issuance of the bonds; and
(2) enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the board or by any officer thereof, including the fixing, charging, and collecting of fees, tolls, rentals, or other charges for the use of the railroad or railroad project.
As added by P.L.64-1984, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-15. Eminent Domain; Relocation Assistance; Properties in Public Use

Sec. 15. (a) The board may exercise the power of eminent domain for the purpose of carrying out this chapter and award damages to landowners for real estate and property rights appropriated and taken. If the board cannot agree with the owners, lessees, or occupants of any real estate selected by the board for the purpose set forth in this chapter, the board may proceed to procure the condemnation of the property under IC 32-24.
(b) Relocation assistance under IC 8-23-17 shall be provided to any person displaced under this section.
(c) If the property over and across which the railroad must be constructed and must operate is already in use or acquired for use for a public purpose, the public use or acquisition of the property is not a bar to the right of the board to condemn the property for the purpose of this chapter.
As added by P.L.64-1984, SEC.11. Amended by P.L.18-1990, SEC.67; P.L.2-2002, SEC.42.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-16. Exercise of Powers Under This Chapter for Benefit of People of Indiana; Tax Exemption

Sec. 16. (a) The exercise of the powers granted by this chapter is in all respects for the benefit of the people of Indiana, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions.
(b) As the operation and maintenance of a railroad project by the board will constitute the performance of essential governmental functions, the board shall not be required to pay any taxes or assessments upon any railroad project or any property acquired or used by the board under this chapter, or upon the income from it, and the bonds issued under this chapter, the interest on them, the proceeds received by a holder from the sale of the bonds to the extent of the holder's cost of acquisition, or proceeds received upon redemption before maturity or proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation in Indiana as provided in IC 6-8-5.
As added by P.L.64-1984, SEC.12. Amended by P.L.3-1990, SEC.30.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-17. Employees of Commuter Railroad Transportation System; Protection

Sec. 17. If the district acquires a commuter railroad transportation system and proceeds to operate the system directly, by management contract, or by lease under this chapter, the employees of the system shall be protected as follows:
(1) The employees of the system must be retained to the fullest extent consistent with sound management, and those terminated or laid off must be assured priority of reemployment.
(2) The rights, privileges, and benefits of the employees under any pension or retirement plan are not affected, and the board shall assume the duties of the system under the plan.
(3) The board shall act in such a manner as to insure the continuing applicability to affected railroad employees of the provisions of all federal statutes applicable to them prior to April 1, 1984, and a continuation of their collective bargaining agreements until the provisions of those agreements can be renegotiated by representatives of the board and the representatives of those employees duly designated pursuant to terms and provisions of the federal Railway Labor Act (45 U.S.C. 151 et seq.).
(4) The employees of the system shall receive protection no less favorable than the employee conditions provided In the Matter of the New York Dock (360 I.C.C. 60), and no person with an employment relation with the commuter transportation system on April 1, 1984, may be deprived of employment or placed in a worse position by reason of the district's acquisition of a commuter transportation system.
As added by P.L.64-1984, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-18. Legal Services; Attorney General

Sec. 18. (a) Each district shall request the attorney general to perform any legal services required in providing transportation service within the district. If the attorney general is unable to perform those services, the district may, with the attorney general's approval, employ an attorney.
(b) The attorney general shall, to the extent feasible and upon request of a district, perform legal services for the district.
As added by P.L.385-1987(ss), SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-19. Auditing Services

Sec. 19. (a) Each district shall request the state board of accounts to perform any auditing services required under this chapter in providing transportation service within the district. If the state board of accounts is not able to perform those services, the district may employ an auditor to perform audits for the district.
(b) The state board of accounts shall, to the extent feasible and upon request:
(1) perform auditing services for the district; and
(2) consult with the district in acquiring auditing services.
As added by P.L.385-1987(ss), SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-20. Agreements Between District and System; Contents

Sec. 20. Any agreement between the district and the system, the principal purpose of which is to provide passenger rail service, must include the following provisions:
(1) That the replacement of capital assets employed in the provision of passenger service will be provided for prudently.
(2) That the methods of conducting and accounting for financial transactions between parties to agreements will be compatible with the fiduciary responsibilities of the district and the purposes of this chapter and follows generally accepted accounting principles.
(3) That the system shall maintain complete and accurate books and records, permit reasonable access by the district and its duly authorized representatives to the books and records of the system, and permit the district or its representatives, at reasonable times and subject to reasonable confidentiality restrictions, to inspect the properties and operations of the system.
(4) That the system shall also provide:
(A) system performance information, which will permit an assessment of passenger service in general and service levels in particular;
(B) information concerning the operation and administration of the passenger rail service;
(C) a projection of significant operational and administrative changes scheduled to take place in the enusing fiscal year;
(D) a projection of capital expenditures scheduled to be undertaken by the system in the ensuing fiscal year; and
(E) a list of capital improvements that the system requests that the district undertake in the ensuing five (5) years.
(5) That a marketing study shall be undertaken no less frequently than every three (3) years. The study may be undertaken jointly by the system and the district. The study must measure and evaluate passenger attitudes and requirements concerning service levels, service quality, fares, and opportunities to improve service or to increase ridership.
(6) That the passenger service deficit will not exceed an agreed amount (with an allowance agreed to by the parties for variable expenses) during the term of the agreement.
As added by P.L.385-1987(ss), SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-21. Agreements Between District and System; Property Interests; Operation

Sec. 21. Any agreement between the district and the system may include a provision that, with respect to assets owned by either party, property interests may be conveyed and responsibilities for operation and maintenance may be assigned to either party, or jointly held and exercised by either party.
As added by P.L.385-1987(ss), SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-22. Agreements Between District and System; Service Profile

Sec. 22. Any agreement between the district and the system must include a service profile describing passenger service levels. The service profile shall be described with terms and conditions that are objective and measurable.
As added by P.L.385-1987(ss), SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-23. Financial or Operating Agreements; Approval

Sec. 23. Any financial or operating agreement between a district and a system does not take effect until the Indiana department of transportation approves the agreement.
As added by P.L.385-1987(ss), SEC.15. Amended by P.L.18-1990, SEC.68.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-24. Financial Responsibility; Certification; Proof

Sec. 24. (a) Before January 1 of each year, the district shall certify to the Indiana department of transportation that the district has taken action to provide financial responsibility against liability of the district under any agreement with a commuter transportation system.
(b) Proof of financial responsibility under this section may be established by proof that:
(1) a liability insurance policy is in force; or
(2) a self-insurance program is in effect.
(c) The district shall participate, if feasible, in the programs established by the political subdivision risk management commission under IC 27-1-29.
As added by P.L.385-1987(ss), SEC.16. Amended by P.L.18-1990, SEC.69.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-25. Capital Improvement Contingency Fund

Sec. 25. (a) The capital improvement contingency fund is established for the purpose of:
(1) receiving taxes, appropriations, and other revenues;
(2) matching state or federal transportation grants made to permit the acquisition of capital assets;
(3) acquiring capital improvements or assets; or
(4) receiving, holding, and disbursing funds as a fiduciary.
(b) Money in the fund at the end of a fiscal year does not revert to the state general fund.
As added by P.L.385-1987(ss), SEC.17.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 5. Commuter Railways › Chapter 15. Commuter Transportation Districts › 8-5-15-26. Petition to Discontinue Rail Passenger Service; Acquisition of Property

Sec. 26. If a petition is filed by the system under the Interstate Commerce Act to discontinue rail passenger service, the district may take the necessary action to acquire the system's passenger and freight properties under sections 5(a)(12) and 5(a)(13) of this chapter and, if necessary, exercise the power of eminent domain under section 15 of this chapter.
As added by P.L.385-1987(ss), SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 1. Highway Crossings › 8-6-1-1. Investigations; Numbering of Crossings

Sec. 1. The Indiana department of transportation (referred to as "the department" in this chapter) shall carefully investigate and examine all the highway crossings of railroads in this state and to make or cause to be made files and numbers of the highway crossings, so that the crossings may be known and designated by mileposts or otherwise, and referred to and considered, from time to time, as may be necessary to carry out this chapter.
Formerly: Acts 1913, c.182, s.1. As amended by P.L.62-1984, SEC.93; P.L.384-1987(ss), SEC.56; P.L.18-1990, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 1. Highway Crossings › 8-6-1-2. Requisite Information; Forms; Investigation

Sec. 2. The department shall secure from the several companies owning or operating railroads throughout this state detailed and specific information concerning the highway crossings along their lines, outside the corporate limits of cities and incorporated towns in this state, and, for that purpose, the department shall prepare and submit to each of such companies blank forms indicating the various items of information concerning such highway crossings upon which the department desires to be advised. Such companies shall, within six (6) months after the receipt of such blank forms by them respectively, fill out the same with the complete information requested and return to the department a separate blank form so filled out for each such highway crossing, accompanied by a photograph of each separate crossing so described. The department shall then proceed to examine the conditions of each highway crossing and ascertain which of the same should, under all the circumstances, be separated, and, to that end, the department may employ a civil engineer and such expert assistance as is necessary to make such investigation.
Formerly: Acts 1913, c.182, s.2. As amended by P.L.384-1987(ss), SEC.57.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 6. Railroad Crossings › Chapter 1. Highway Crossings › 8-6-1-3. Surveys and Reports

Sec. 3. The department may require to be made ocular or instrumental surveys or reports and examinations, as may be deemed expedient, and the department shall carefully examine and consider the files, reports, and surveys of each of said highway crossings in this state, with reference to:
(1) separation of the grade, the purpose being to separate as rapidly as practicable grade crossings in this state; and
(2) a better location and consolidation of the crossings, the purpose being to have all crossings at right angles if possible.
Formerly: Acts 1913, c.182, s.3. As amended by P.L.384-1987(ss), SEC.58.