Introduced Version HOUSE BILL No. 1636 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 6-6; IC 8-14-10-9; IC 8-17-16; IC 8-23-30-8; IC 9-18.1-15-3; IC 36-3-7-3; IC 36-7; IC 36-9-4-39. Synopsis: Indianapolis infrastructure. Provides that the amount of the gasoline excise tax and special fuel tax revenue that is derived from the annual 1% inflationary increase during the state budget biennium shall be distributed to recipients under the motor fuel tax fund of the motor vehicle highway account based on the vehicle miles traveled in the unit compared to vehicle miles traveled in the state, but not including interstate vehicle miles traveled. Appropriates money from the state general fund to the Indiana department of transportation in an amount necessary to repay all outstanding debt obligations as of June 30, 2023, that are financed with money in the crossroads 2000 fund. Provides that, beginning July 1, 2023, money in the crossroads 2000 fund must be used for projects only in urban areas, as defined by the United States Census Bureau. Authorizes Marion County to establish a local road funding district (district) to capture 20% of the incremental local income tax (LIT) revenue of the county (not including LIT revenue obligated for debt service). Requires the Marion County treasurer to establish a Marion County roads and bridges fund (fund) if a district is established. Provides that the incremental LIT revenue captured in the district shall be deposited in the fund and used for the preservation and reconstruction of roads and bridges of thoroughfares in Marion County that cross into an adjacent county. Prohibits any additional funding for a professional soccer stadium project until and unless certain conditions are met. Amends the maximum grant amount from the local road and bridge matching grant fund based on annual vehicle miles traveled in the local unit. Provides that, if the city-county council in Marion County adopts a maximum county vehicle excise tax or a (Continued next page) Effective: Upon passage; July 1, 2023; January 1, 2024. Behning, Pressel, McGuire January 19, 2023, read first time and referred to Committee on Roads and Transportation. 2023 IN 1636—LS 7461/DI 120 Digest Continued maximum county wheel tax, then the transportation infrastructure improvement fees that are attributable to motor vehicles registered in Marion County shall be transferred to the Marion County treasurer for deposit in a separate account to be used for the preservation and reconstruction of roadways in Marion County. Requires the Indiana department of transportation to reacquire certain portions of roadways in Marion County that were previously designated as a state highway for administration in the state highway system, to occur before January 1, 2030. Provides that, for purposes of determining the right of the consolidated city of Indianapolis to receive a distribution of money from the motor vehicle highway account based on population, the population of all the territory of the consolidated city is considered its population. Specifies that the board of directors of an urban mass transportation system may incorporate services of a "transportation network company" or "TNC" that connects riders to individuals for prearranged rides through a digital network exchange as a part of its urban mass transportation system within the taxing district of the corporation. Makes an appropriation. 2023 IN 1636—LS 7461/DI 1202023 IN 1636—LS 7461/DI 120 Introduced First Regular Session of the 123rd General Assembly (2023) 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 2022 Regular Session of the General Assembly. HOUSE BILL No. 1636 A BILL FOR AN ACT to amend the Indiana Code concerning transportation and to make an appropriation. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 6-6-1.1-201, AS AMENDED BY P.L.159-2021, 2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2023]: Sec. 201. (a) A license tax is imposed on the use of all 4 gasoline used in Indiana at the applicable rate specified in subsection 5 (b), except as otherwise provided by this chapter. The distributor shall 6 initially pay the tax on the billed gallonage of all gasoline the 7 distributor receives in this state, less any deductions authorized by this 8 chapter. The distributor shall then add the per gallon amount of tax to 9 the selling price of each gallon of gasoline sold in this state and 10 collected from the purchaser so that the ultimate consumer bears the 11 burden of the tax. 12 (b) The license tax described in subsection (a) is imposed at the 13 following applicable rate per gallon: 14 (1) Before July 1, 2017, eighteen cents ($0.18). 15 (2) For July 1, 2017, through June 30, 2018, the lesser of: 2023 IN 1636—LS 7461/DI 120 2 1 (A) the rate resulting from using the factors determined under 2 IC 6-6-1.6-2; or 3 (B) twenty-eight cents ($0.28). 4 (3) Beginning July 1, 2018, and each July 1 through July 1, 2024, 5 2025, the department shall determine an applicable rate equal to 6 the product of: 7 (A) the rate in effect on June 30; multiplied by 8 (B) the factor determined under IC 6-6-1.6-3. 9 The rate shall be rounded to the nearest cent ($0.01). After June 30, 10 2018, the new applicable rate may not exceed the rate in effect on June 11 30 plus one cent ($0.01). However, the new rate may not be less than 12 the rate in effect on June 30. If the calculation of a new rate would 13 produce a rate that is less than the rate in effect on June 30, the new 14 rate shall be the rate in effect on June 30. The department shall publish 15 the rate that will take effect on July 1 on the department's Internet web 16 site website not later than June 1. 17 SECTION 2. IC 6-6-1.1-502, AS AMENDED BY P.L.211-2007, 18 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2023]: Sec. 502. (a) Except as provided in subsection (b), at 20 the time of filing each monthly report, each distributor shall pay to the 21 administrator the full amount of tax due under this chapter for the 22 preceding calendar month, computed as follows: 23 (1) Enter the total number of invoiced gallons of gasoline 24 received during the preceding calendar month. 25 (2) Subtract the number of gallons for which deductions are 26 provided by sections 701 through 705 of this chapter from the 27 number of gallons entered under subdivision (1). 28 (3) Subtract the number of gallons reported under section 501(3) 29 of this chapter. 30 (4) Multiply the number of invoiced gallons remaining after 31 making the computation in subdivisions (2) and (3) by the tax rate 32 prescribed by section 201 of this chapter to compute that part of 33 the gasoline tax to be deposited in the highway, road, and street 34 fund under section 802(2) section 802(a)(2) of this chapter or in 35 the motor fuel tax fund under section 802(3) section 802(a)(3) of 36 this chapter. 37 (5) Multiply the number of gallons subtracted under subdivision 38 (3) by the tax rate prescribed by section 201 of this chapter to 39 compute that part of the gasoline tax to be deposited in the fish 40 and wildlife fund under section 802(1) section 802(a)(1) of this 41 chapter. 42 (b) If the department determines that a distributor's: 2023 IN 1636—LS 7461/DI 120 3 1 (1) estimated monthly gasoline tax liability for the current year; 2 or 3 (2) average monthly gasoline tax liability for the preceding year; 4 exceeds five thousand dollars ($5,000), the distributor shall pay the 5 monthly gasoline taxes due by electronic fund transfer (as defined in 6 IC 4-8.1-2-7) or by delivering in person or by overnight courier a 7 payment by cashier's check, certified check, or money order to the 8 department. The transfer or payment shall be made on or before the 9 date the tax is due. 10 SECTION 3. IC 6-6-1.1-802 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 802. (a) Except as 12 provided in subsection (b), the administrator shall, after the transfer 13 specified in section 801.5 of this chapter, deposit the remainder of the 14 revenues collected under this chapter in the following manner: 15 (1) The taxes collected with respect to gasoline delivered to a 16 taxable marine facility shall be deposited in the fish and wildlife 17 fund established by IC 14-22-3-2. 18 (2) Twenty-five percent (25%) of the taxes collected under this 19 chapter, except the taxes referred to in subdivision (1), shall be 20 deposited in the highway, road and street fund established under 21 IC 8-14-2-2.1. 22 (3) The remainder of the revenues collected under this chapter 23 shall be deposited in the motor fuel tax fund of the motor vehicle 24 highway account. 25 (b) This subsection applies only to state fiscal years beginning 26 after June 23, 2023, and ending before July 1, 2025. For each state 27 fiscal year, the department shall determine the amount of revenue 28 collected under this chapter that is attributable to the one cent 29 ($0.01) inflationary increase in the rate under section 201 of this 30 chapter and would otherwise be deposited under subsection (a)(2) 31 and (a)(3), and notwithstanding subsection (a) or any other 32 provision of law, the department shall distribute that revenue 33 amount to recipients under the motor fuel tax fund of the motor 34 vehicle highway account based on the vehicle miles traveled in the 35 unit compared to vehicle miles traveled in the state, but not 36 including interstate vehicle miles traveled. 37 SECTION 4. IC 6-6-2.5-28, AS AMENDED BY P.L.159-2021, 38 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2023]: Sec. 28. (a) A license tax is imposed on all special fuel 40 sold or used in producing or generating power for propelling motor 41 vehicles, except fuel used under section 30(a)(8) or 30.5 of this 42 chapter, at the applicable rate specified in subsection (b). The tax shall 2023 IN 1636—LS 7461/DI 120 4 1 be paid at those times, in the manner, and by those persons specified in 2 this section and section 35 of this chapter. 3 (b) The license tax described in subsection (a) is imposed at the 4 following applicable rate per special fuel gallon: 5 (1) Before July 1, 2017, sixteen cents ($0.16). 6 (2) For July 1, 2017, through June 30, 2018, the lesser of: 7 (A) the rate resulting from using the factors determined under 8 IC 6-6-1.6-2; or 9 (B) twenty-six cents ($0.26). 10 (3) For July 1, 2018, through June 30, 2019, the product of: 11 (A) the sum of: 12 (i) the rate in effect on June 30; and 13 (ii) twenty-one cents ($0.21); multiplied by 14 (B) the factor determined under IC 6-6-1.6-3. 15 (4) Beginning July 1, 2019, and each July 1 through July 1, 2024, 16 2025, the department shall determine an applicable rate equal to 17 the product of: 18 (A) the rate in effect on June 30; multiplied by 19 (B) the factor determined under IC 6-6-1.6-3. 20 The rate shall be rounded to the nearest cent ($0.01). However, after 21 June 30, 2018, and before July 1, 2019, the new applicable rate may not 22 exceed the rate in effect on June 30 plus twenty-three cents ($0.23). 23 After June 30, 2019, the new applicable rate may not exceed the rate 24 in effect on June 30 plus two cents ($0.02). However, the new rate may 25 not be less than the rate in effect on June 30. If the calculation of a new 26 rate would produce a rate that is less than the rate in effect on June 30, 27 the new rate shall be the rate in effect on June 30. The department shall 28 publish the rate that will take effect on July 1 on the department's 29 Internet web site website not later than June 1. 30 (c) The department shall consider it a rebuttable presumption that 31 all undyed or unmarked special fuel, or both, received in Indiana is to 32 be sold for use in propelling motor vehicles. 33 (d) Except as provided in subsection (e), the tax imposed on special 34 fuel by subsection (a) shall be measured by invoiced gallons (or diesel 35 or gasoline gallon equivalents in the case of a special fuel described in 36 section 22.5(2) or 22.5(3) of this chapter) of nonexempt special fuel 37 received by a licensed supplier in Indiana for sale or resale in Indiana 38 or with respect to special fuel subject to a tax precollection agreement 39 under section 35(j) of this chapter, such special fuel removed by a 40 licensed supplier from a terminal outside of Indiana for sale for export 41 or for export to Indiana and in any case shall generally be determined 42 in the same manner as the tax imposed by Section 4081 of the Internal 2023 IN 1636—LS 7461/DI 120 5 1 Revenue Code and Code of Federal Regulations. 2 (e) The tax imposed by subsection (a) on special fuel imported into 3 Indiana, other than into a terminal, is imposed at the time the product 4 is entered into Indiana and shall be measured by invoiced gallons 5 received at a terminal or at a bulk plant. 6 (f) In computing the tax, all special fuel in process of transfer from 7 tank steamers at boat terminal transfers and held in storage pending 8 wholesale bulk distribution by land transportation, or in tanks and 9 equipment used in receiving and storing special fuel from interstate 10 pipelines pending wholesale bulk reshipment, shall not be subject to 11 tax. 12 (g) The department shall consider it a rebuttable presumption that 13 special fuel consumed in a motor vehicle plated for general highway 14 use is subject to the tax imposed under this chapter. A person claiming 15 exempt use of special fuel in such a vehicle must maintain adequate 16 records as required by the department to document the vehicle's taxable 17 and exempt use. 18 (h) A person that engages in blending fuel for taxable sale or use in 19 Indiana is primarily liable for the collection and remittance of the tax 20 imposed under subsection (a). The person shall remit the tax due in 21 conjunction with the filing of a monthly report in the form prescribed 22 by the department. 23 (i) A person that receives special fuel that has been blended for 24 taxable sale or use in Indiana is secondarily liable to the state for the 25 tax imposed under subsection (a). 26 (j) A person may not use special fuel on an Indiana public highway 27 if the special fuel contains a sulfur content that exceeds five 28 one-hundredths of one percent (0.05%). A person who knowingly: 29 (1) violates; or 30 (2) aids or abets another person to violate; 31 this subsection commits a Class A infraction. However, the violation 32 is a Class A misdemeanor if the person has committed one (1) prior 33 unrelated violation of this subsection, and a Level 6 felony if the person 34 has committed more than one (1) unrelated violation of this subsection. 35 SECTION 5. IC 6-6-2.5-68, AS AMENDED BY P.L.185-2018, 36 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2023]: Sec. 68. (a) Each month, the first one and five-tenths 38 percent (1.5%) of revenue collected under this chapter shall be 39 deposited in the motor carrier regulation fund administered by the 40 department. 41 (b) All revenue collected under this chapter that remains after the 42 distribution of revenue specified under subsection (a) shall be used in 2023 IN 1636—LS 7461/DI 120 6 1 the same manner as the revenue collected under IC 6-6-1.1. The 2 administrator shall deposit the revenues collected under this chapter 3 that remain after the distribution of revenues specified under 4 subsection (a) in the same manner that revenues are deposited under 5 IC 6-6-1.1-802. 6 (c) IC 6-6-1.1-802(b) shall be applied in the same manner as if 7 the tax referenced in that provision were the tax imposed under 8 this chapter. 9 SECTION 6. IC 8-14-10-9, AS AMENDED BY P.L.256-2017, 10 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 UPON PASSAGE]: Sec. 9. (a) The crossroads 2000 fund is established 12 for the purpose of constructing or reconstructing state highways. The 13 crossroads 2000 fund consists of distributions received under IC 9. 14 (b) The crossroads 2000 fund shall be administered by the 15 department. The treasurer of state shall invest the money in the 16 crossroads 2000 fund not currently needed to meet the obligations of 17 the crossroads 2000 fund in the same manner as other public funds may 18 be invested. 19 (c) Money in the crossroads 2000 fund at the end of a state fiscal 20 year does not revert to the state general fund. 21 (d) The department may use the money in the crossroads 2000 fund 22 only to pay the following costs: 23 (1) The cost of construction or reconstruction of a state highway. 24 (2) The cost of acquisition of all land, rights-of-way, property, 25 rights, easements, and any other legal or equitable interests 26 acquired by the department for the construction or reconstruction 27 of a state highway, including the cost of any relocations incident 28 to the acquisition. 29 (3) The cost of demolishing or removing any buildings, structures, 30 or improvements on property acquired by the department for the 31 construction or reconstruction of a state highway. 32 (4) Engineering and legal expenses and the costs of plans, 33 specifications, surveys, estimates, and any necessary feasibility 34 studies. 35 (5) Payment of rentals and performance of other obligations under 36 contracts or leases securing bonds issued under IC 8-14.5-6. 37 Beginning July 1, 2023, money in the fund shall be used for the 38 purposes set forth in this section only in urban areas, as defined by 39 the United States Bureau of the Census. 40 (e) For the state fiscal year beginning July 1, 2023, and ending 41 June 30, 2024, money is appropriated from the state general fund 42 to the department in an amount necessary to repay all outstanding 2023 IN 1636—LS 7461/DI 120 7 1 debt obligations as of June 30, 2023, that are financed with money 2 in the fund. The department shall repay those debt obligations 3 before August 1, 2023. 4 SECTION 7. IC 8-17-16 IS ADDED TO THE INDIANA CODE AS 5 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 6 1, 2023]: 7 Chapter 16. Administration of Certain Roadways in Marion 8 County 9 Sec. 1. This chapter applies only to those portions of roadways 10 located in Marion County: 11 (1) that extend in opposite directions from the intersection of 12 the roadway with an interstate highway exchange; 13 (2) for a distance in each direction that is the greater of: 14 (A) two (2) miles; or 15 (B) the distance to the point where the roadway terminates 16 at the intersection of the roadway with another 17 thoroughfare; and 18 (3) that were previously designated as a state highway. 19 Sec. 2. Notwithstanding any other provision of law and before 20 January 1, 2030, the department shall reacquire administration of 21 the roadways described in section 1 of this chapter within the state 22 highway system. 23 Sec. 3. The department and the county may enter into any 24 contract or memorandum of understanding between themselves or 25 with any third party and may execute any documentation that is 26 necessary to carry out this chapter. 27 Sec. 4. This chapter expires July 1, 2031. 28 SECTION 8. IC 8-23-30-8, AS AMENDED BY P.L.218-2017, 29 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2023]: Sec. 8. (a) The department may adopt guidelines to 31 implement this chapter, including guidelines that establish a maximum 32 amount that any one (1) local unit may receive as a grant, subject to 33 subsection (b). However, if: 34 (1) the department establishes a maximum amount per local unit; 35 and 36 (2) multiple local units, including any combination of cities, 37 towns, and counties, apply jointly for a matching grant under this 38 chapter to undertake a project that extends across multiple 39 jurisdictions; 40 the maximum amounts of the joint applicants may be aggregated. 41 (b) Beginning after June 30, 2023, the department shall establish 42 the following maximum amounts under subsection (a) for local 2023 IN 1636—LS 7461/DI 120 8 1 units: 2 (1) For a local unit with annual vehicle miles traveled of five 3 hundred thousand (500,000) or less (not including interstate 4 vehicle miles), one million dollars ($1,000,000). 5 (2) For a local unit with annual vehicle miles traveled of more 6 than five hundred thousand (500,000) and less than one 7 million (1,000,000) (not including interstate vehicle miles), two 8 million dollars ($2,000,000). 9 (3) For a local unit with annual vehicle miles traveled of one 10 million (1,000,000) or more (not including interstate vehicle 11 miles), five million dollars ($5,000,000). 12 SECTION 9. IC 9-18.1-15-3, AS ADDED BY P.L.218-2017, 13 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 14 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b), fees 15 collected under this chapter shall be deposited in the local road and 16 bridge matching grant fund established by IC 8-23-30. 17 (b) Beginning after June 30, 2023, if the city-county council in 18 Marion County adopts an ordinance to impose either a maximum 19 county vehicle excise tax under IC 6-3.5-4 or a maximum county 20 wheel tax under IC 6-3.5-5, then, during the period in which the tax 21 is imposed, the fees collected under this chapter that are 22 attributable to motor vehicles registered in Marion County shall be 23 transferred to the Marion County treasurer for deposit in a 24 separate account to be used for the preservation and 25 reconstruction of roadways in the county. 26 SECTION 10. IC 36-3-7-3 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) For 28 purposes of determining the right of the consolidated city to receive a 29 distribution of money described by section 2 of this chapter based on 30 population, the population of the fire special service district is 31 considered the population of the consolidated city. 32 (b) Notwithstanding subsection (a), for purposes of determining the 33 right of the consolidated city to receive a distribution of money under 34 IC 7.1-4 based on population, the population of all the territory of the 35 consolidated city is considered its population. 36 (c) Notwithstanding subsection (a), for purposes of determining 37 the right of the consolidated city to receive a distribution of money 38 described by section 2(2) of this chapter based on population, the 39 population of all the territory of the consolidated city is considered 40 its population. 41 SECTION 11. IC 36-7-31.5-18 IS ADDED TO THE INDIANA 42 CODE AS A NEW SECTION TO READ AS FOLLOWS 2023 IN 1636—LS 7461/DI 120 9 1 [EFFECTIVE JULY 1, 2023]: Sec. 18. Notwithstanding any other 2 provision of law, the city of Indianapolis, the capital improvement 3 board of managers, or any related commission, authority, or 4 authorizing body shall not appropriate, approve, authorize, 5 transfer, or in any other manner provide additional money, 6 incentives, funding, or any type of additional financing after June 7 30, 2023, for any project under this chapter, unless and until at 8 least one (1) of the following applies: 9 (1) Both: 10 (A) a local road funding district is established under 11 IC 36-7-40; and 12 (B) at least twenty percent (20%) of all tax proceeds from 13 the allocation areas in Marion County that are not 14 otherwise obligated for debt service are allocated and used 15 for the preservation and reconstruction of roadways in 16 Marion County. 17 (2) The department of public works certifies to the city-county 18 council and the county clerk that the pavement conditions 19 index rating (PCI) for all residential and thoroughfare lane 20 miles within the consolidated city equal an average rating of 21 sixty-five (65). 22 SECTION 12. IC 36-7-40 IS ADDED TO THE INDIANA CODE 23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2023]: 25 Chapter 40. Local Road Funding District 26 Sec. 1. As used in this chapter, "authorizing county" means a 27 county having a consolidated city. 28 Sec. 2. As used in this chapter, "district" means a local road 29 funding district designated as an allocation area for incremental 30 local income tax under this chapter. 31 Sec. 3. As used in this chapter, "local income tax base period 32 amount" means the certified distribution amount of local income 33 tax revenue that was distributed for the calendar year that 34 precedes the year in which the district is designated, excluding the 35 amount of local income tax revenue obligated for debt service. 36 Sec. 4. As used in this chapter, "local income tax incremental 37 amount" means the greater of zero (0) or: 38 (1) the certified distribution amount of local income tax 39 revenue in the district for the calendar year, excluding the 40 amount of local income tax revenue obligated for debt service; 41 minus 42 (2) the local income tax base period amount. 2023 IN 1636—LS 7461/DI 120 10 1 Sec. 5. (a) A local road funding district may be designated as an 2 allocation area that encompasses all of the territory within the 3 jurisdiction of an authorizing county described in section 1 of this 4 chapter. 5 (b) In order to create a district, the city-county council of the 6 authorizing county must adopt an ordinance to establish the 7 district. An allocation ordinance must apply to all of the territory 8 of the authorizing county. 9 (c) Beginning for the calendar year immediately succeeding the 10 designation of an allocation area, and each calendar year 11 thereafter in which the allocation ordinance is in effect, the 12 department of state revenue shall for the authorizing county adjust 13 for purposes of this chapter the certified distribution to the county 14 for the calendar year as determined under IC 6-3.6 and, 15 notwithstanding any provision in IC 6-3.6, allocate and distribute 16 twenty percent (20%) of the local income tax incremental amount 17 to the Marion County treasurer for deposit in the Marion County 18 roads and bridges fund under section 6 of this chapter. 19 Sec. 6. (a) If an allocation area is established under this chapter, 20 the Marion County treasurer shall establish a Marion County 21 roads and bridges fund. The Marion County treasurer shall deposit 22 in the fund all amounts received under section 5 of this chapter. 23 (b) Money in the fund shall be used for the preservation and 24 reconstruction of roads and bridges of thoroughfares in Marion 25 County that cross into an adjacent county. 26 SECTION 13. IC 36-9-4-39 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 39. The board of 28 directors of a public transportation corporation may establish and 29 operate a "demand-responsive" or "dial-a-ride" transportation system, 30 or incorporate services of a "transportation network company" or 31 "TNC" (as defined in IC 8-2.1-17-18), as a part of its urban mass 32 transportation system within the taxing district of the corporation. The 33 rates and charges for the system and all related criteria are at the sole 34 discretion of the board. 35 SECTION 14. An emergency is declared for this act. 2023 IN 1636—LS 7461/DI 120