February 9, 2001
HOUSE BILL No. 1389
_____
DIGEST OF HB 1389
(Updated February 7, 2001 5:05 PM - DI 92)
Citations Affected: IC 8-15; IC 9-21.
Synopsis: Toll road revenues. Requires the toll road authority to use
excess revenues for road and infrastructure projects in the counties
through which the toll road passes. Specifies that the authority's use of
excess revenue to fund projects is subject to the trust indenture for
bonds payable from the authority's revenue. Requires the authority to
allocate money for the projects upon the basis that the population of
each county bears to the total population of all the counties through
which the toll road passes. Requires the removal of at least 15 stop
lights on U.S. Highway 31 between Interstate Highway 465 and the city
limits of South Bend. Requires the Indiana department of transportation
to forfeit $1,000,000 for each violation of the requirement. Requires the
Indiana department of transportation to transfer the forfeited money to
the U.S. Highway 31 upgrade fund. Requires the department to make
the transfer within 30 days of the violation. Sets forth the criteria for
determining whether a traffic signal should be installed on U.S.
Highway 31 between Interstate Highway 465 and the city limits of
South Bend.
Effective: July 1, 2001.
Fry
, Mock
January 11, 2001, read first time and referred to Committee on Roads and Transportation.
January 31, 2001, reported _ Do Pass; referred to Committee on Ways and Means per
Rule 127.
February 8, 2001, amended, reported _ Do Pass.
February 9, 2001
First Regular Session 112th General Assembly (2001)
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,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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HOUSE BILL No. 1389
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-15-2-1; (01)HB1389.1.1. -->
SECTION 1.
IC 8-15-2-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1. (a) In order to remove the
handicaps and hazards on the congested highways in Indiana, to
facilitate vehicular traffic throughout the state, to promote the
agricultural and industrial development of the state, and to provide for
the general welfare by the construction of modern express highways
embodying safety devices, including center division, ample shoulder
widths, long sight distances, multiple lanes in each direction, and grade
separations at intersections with other highways and railroads, the
authority may:
(1) construct, reconstruct, maintain, repair, and operate toll road
projects at such locations as shall be approved by the governor;
(2) in accordance with such alignment and design standards as
shall be approved by the authority and subject to
IC 8-9.5-8-10
,
issue toll road revenue bonds of the state payable solely from
funds pledged for their payment, as authorized by this chapter, to
pay the cost of such projects;
(3) finance, develop, construct, reconstruct, improve, or maintain
public improvements, such as roads and streets, sewerlines,
waterlines, and sidewalks for manufacturing or commercial
activities within a county through which a toll road passes if these
improvements are within the county and are within an area that is
located:
(A) ten (10) miles on either side of the center line of a toll road
project; or
(B) two (2) miles on either side of the center line of any
limited access highway that interchanges with a toll road
project;
(4) in cooperation with the Indiana department of transportation
or a political subdivision, construct, reconstruct, or finance the
construction or reconstruction of an arterial highway or an arterial
street that is located within ten (10) miles of the center line of a
toll road project and that:
(A) interchanges with a toll road project; or
(B) intersects with a road or a street that interchanges with a
toll road project;
(5) assist in developing existing transportation corridors in
northwestern Indiana; and
(6) exercise these powers in participation with any governmental
entity or with any individual, partnership, limited liability
company, or corporation.
(b) Notwithstanding subsection (a), the authority shall not construct,
maintain, operate, nor contract for the construction, maintenance, or
operation of transient lodging facilities on, or adjacent to, such toll road
projects.
(c) As used in this subsection, "excess revenue" means the
amount of the authority's total income that exceeds the authority's
operating expenses in a fiscal year. To the extent allowed by any
trust indenture for bonds or other obligations issued before July 1,
2001, that are payable from the authority's revenue, the authority
shall set aside excess revenue to pay for projects authorized under
subsection (a)(3) and (a)(4) in the subsequent fiscal year. The
authority shall use the excess revenue to fund projects in each
county through which the toll road passes. The authority shall
allocate the excess revenue to projects in each county upon the
basis that the population of each county bears to the total
population of all the counties through which the toll road passes.
SOURCE: IC 9-21-3-1; (01)HB1389.1.2. -->
SECTION 2.
IC 9-21-3-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1.
Except as provided in section
1.5 of this chapter, each traffic control signal on a street or highway
within Indiana must conform with the standards, specifications, and
warrants set forth in the Indiana Manual on Uniform Traffic Control
Devices for Streets and Highways.
SOURCE: IC 9-21-3-1.5; (01)HB1389.1.3. -->
SECTION 3.
IC 9-21-3-1.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 1.5. (a) This section applies only to U.S. Highway 31
from the point where U.S. Highway 31 intersects with Interstate
Highway 465 in Hamilton County to the point where U.S. Highway
31 enters the city limits of a city having a population of more than
ninety thousand (90,000) but less than one hundred ten thousand
(110,000).
(b) Notwithstanding paragraph 4C-2 of the Indiana Manual on
Uniform Traffic Control Devices for Streets and Highways, a
traffic control signal should not be installed on the highway
described in subsection (a) unless at least two (2) of the three (3)
warrants set forth in subsection (c) are met.
(c) An investigation of the need for a traffic control signal on the
highway described in subsection (a) should include at least an
analysis of the factors contained in the following warrants:
(1) Warrant 1 (minimum vehicular volume).
(2) Warrant 2 (interruption of continuous traffic).
(3) Warrant 3 (minimum pedestrian volume).
(d) Warrant 1 is intended for application where the volume of the
intersecting traffic is the principal reason for consideration of
signal installation. The warrant is satisfied when, for each of any
eight (8) hours of an average day, the traffic volumes set forth in
the following table exist on the major street and on the
higher-volume minor street approach to the intersection:
Number of lanes for Vehicles per hour Vehicles per hour on
moving traffic on on major street higher-volume
each approach minor street
(total of both approach (one
approaches) direction only)
Major Minor
Street Street
1 1 1,000 (700) 300 (210)
2 or more 1 1,200 (840) 300 (210)
2 or more 2 or more 1,200 (840) 400 (280)
1 2 or more 1,000 (700) 400 (280)
Additionally, if traffic is moving more than forty (40) miles per
hour, the amount expressed in parentheses in this table must be
used.
(e) Warrant 2 applies to operating conditions where the traffic
volume on a major street is so heavy that traffic on a minor,
intersecting street suffers excessive delay in entering or crossing
the major street. The warrant is satisfied when, for each of any
eight (8) hours of an average day, the traffic volumes set forth in
the following table exist on the major street and on the
higher-volume minor street approach to the intersection and the
signal installation will not seriously disrupt progressive traffic
flow:
Number of lanes for Vehicles per hour Vehicles per hour on
moving traffic on on major street higher-volume
each approach minor street
(total of both approach (one
approaches) direction only)
Major Minor
Street Street
1 1 1,500 (1,050) 150 (106)
2 or more 1 1,800 (1,260) 150 (106)
2 or more 2 or more 1,800 (1,260) 200 (140)
1 2 or more 1,500 (1,050) 200 (140)
Additionally, if traffic is moving more than forty (40) miles per
hour, the amount expressed in parentheses in this table must be
used.
(f) Warrant 3 is satisfied when, for each of any eight (8) hours
of an average day, both of the following traffic volumes exist:
(1) At least one thousand two hundred (1,200) vehicles enter
the intersection from all directions per hour.
(2) At least three hundred (300) pedestrians enter the
intersection per hour.
(g) As used in this section, "average day" means a day
representing traffic volumes normally and repeatedly found at a
location.
SOURCE: IC 9-21-3-2; (01)HB1389.1.4. -->
SECTION 4.
IC 9-21-3-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) Each traffic signal installation
on a street or highway within Indiana may be erected only after the
completion of traffic engineering studies that verify that the traffic
signal control is necessary as set forth in:
(1) the Indiana Manual on Uniform Traffic Control Devices for
Streets and Highways; or
(2) section 1.5 of this chapter with respect to a highway
described in section 1.5 of this chapter.
(b) If:
(1) the proposed installation is in the immediate vicinity of a
school; and
(2) the installation does not meet the requirements of this section;
the governmental unit responsible for the control of traffic at the
location shall grant a special hearing on the question to a person who
has properly petitioned for the installation of a traffic signal.
SOURCE: IC 9-21-3-12; (01)HB1389.1.5. -->
SECTION 5.
IC 9-21-3-12
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 12. (a) This section applies only to U.S. Highway 31
from the point where U.S. Highway 31 intersects with Interstate
Highway 465 in Hamilton County to the point where U.S. Highway
31 enters the city limits of a city having a population of more than
ninety thousand (90,000) but less than one hundred ten thousand
(110,000).
(b) The Indiana department of transportation shall remove at
least fifteen (15) stop lights from the highway described in
subsection (a) in the safest manner possible. These stop lights must
be removed within the time set forth in subsections (f) and (g). The
department may employ either of the following alternatives at an
intersection at which the department removes a signal control
device under this section:
(1) Barricading the intersecting road or street to prevent the
egress or ingress to U.S. Highway 31.
(2) Installing flashing lights at the intersection.
(c) The Indiana department of transportation may not install a
stoplight or stop sign on U.S. Highway 31 after June 30, 2001. If
there is a compelling need to facilitate the crossing of U.S. Highway
31, the department shall construct an overpass or underpass at the
particular intersection instead of installing a stoplight or stop sign.
(d) For each violation of this section, the Indiana department of
transportation forfeits one million dollars ($1,000,000). The
department shall transfer the money forfeited under this section to
the U.S. Highway 31 upgrade fund established under subsection
(e).
(e) There is established the U.S. Highway 31 upgrade fund for
the purpose of converting U.S. Highway 31 to a limited access
highway. The fund consists of money transferred to the fund under
this section. The fund shall be administered by the budget agency.
Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(f) The Indiana department of transportation shall remove at
least six (6) stop lights under subsection (b) before January 1, 2002.
For each violation of this subsection, the Indiana department of
transportation shall forfeit one million dollars ($1,000,000). The
department shall transfer the money forfeited under this
subsection to the U.S. Highway 31 upgrade fund established under
subsection (e).
(g) The Indiana department of transportation shall remove the
remaining number of stop lights required to be removed under
subsection (b) before July 1, 2002. For each violation of this
subsection, the Indiana department of transportation forfeits one
million dollars ($1,000,000). The department shall transfer the
money forfeited under this subsection to the U.S. Highway 31
upgrade fund established under subsection (e).
(h) The Indiana department of transportation shall transfer
money forfeited under this section within thirty (30) days of the
violation.