Introduced Version
HOUSE BILL No. 1110
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-23; IC 33-19;
IC 36-1-4-6.5.
Synopsis: Uniform roadside memorials. Requires the department of
transportation (INDOT) to erect uniform roadside memorials. Provides
for the assessment of a memorials fee for certain alcohol related
offenses and establishes the uniform roadside memorials fund for
deposit of the assessments. Requires a local governmental unit that
erects memorials to conform to the standards of INDOT.
Effective: July 1, 2003.
Cheney
January 7, 2003, read first time and referred to Committee on Roads and Transportation.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1110
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-23-1-42.5; (03)IN1110.1.1. -->
SECTION 1.
IC 8-23-1-42.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 42.5. "Uniform roadside memorial" means a marker
designed and erected under
IC 8-23-5-9.
SOURCE: IC 8-23-5-9; (03)IN1110.1.2. -->
SECTION 2.
IC 8-23-5-9
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 9. (a) The department shall erect uniform roadside
memorials within the right-of-way alongside the state highway
system to:
(1) commemorate the victims of vehicular traffic accidents;
(2) serve as a reminder to others of the duty to drive in a safe
manner; and
(3) honor public safety workers killed in the line of duty on
the state highway system.
(b) A request to remove or prevent placement of a uniform
roadside memorial must be made by a member of the decedent's
immediate family.
(c) The department may adopt rules under
IC 4-22-2
for the:
(1) application process for;
(2) size of;
(3) design of;
(4) construction of; and
(5) placement, including length of time for display, of;
uniform roadside memorials, with regard to the safety of vehicle
operators, pedestrians, and employees and contractors of the
department.
(d) The department shall remove roadside memorials that are
not erected by the department.
(e) The department may consult and cooperate with the office
of traffic safety established by
IC 9-27-2-2
to carry out this section.
(f) The department may accept grants or gifts made to carry out
the purpose of this section.
SOURCE: IC 8-23-5-10; (03)IN1110.1.3. -->
SECTION 3.
IC 8-23-5-10
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 10. (a) The uniform roadside memorials fund is
established to fund the projects conducted under section 9 of this
chapter.
(b) The fund consists of:
(1) the proceeds of the uniform roadside memorial fee
collected under
IC 33-19-6-10
; and
(2) grants and gifts accepted by the department under section
9(f) of this chapter.
(c) The fund shall be administered by the department.
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Money in the fund is appropriated continuously for the
purpose stated in subsection (a).
SOURCE: IC 33-19-5-2; (03)IN1110.1.4. -->
SECTION 4.
IC 33-19-5-2
, AS AMENDED BY P.L.1-2002,
SECTION 134, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Except as provided in
subsections (d) and (e), for each action that results in a judgment:
(1) for a violation constituting an infraction; or
(2) for a violation of an ordinance of a municipal corporation (as
defined in
IC 36-1-2-10
);
the clerk shall collect from the defendant an infraction or ordinance
violation costs fee of seventy dollars ($70).
(b) In addition to the infraction or ordinance violation costs fee
collected under this section, the clerk shall collect from the defendant
the following fees if they are required under
IC 33-19-6
:
(1) A document fee (IC 33-19-6-1,
IC 33-19-6-2
,
IC 33-19-6-3
).
(2) An alcohol and drug services program user fee (IC
33-19-6-7(b)).
(3) A law enforcement continuing education program fee (IC
33-19-6-7(c)).
(4) An alcohol and drug countermeasures fee (IC 33-19-6-10).
(5) A uniform roadside memorial fee (IC 33-19-6-10).
(6) A highway work zone fee (IC 33-19-6-14).
(6) (7) A deferred prosecution fee (IC 33-19-6-16.2).
(7) (8) A jury fee (IC 33-19-6-17).
(8) (9) A document storage fee (IC 33-19-6-18.1).
(9) (10) An automated record keeping fee (IC 33-19-6-19).
(10) (11) A late payment fee (IC 33-19-6-20).
(c) The clerk shall transfer to the county auditor or fiscal officer of
the municipal corporation the following fees, within thirty (30) days
after they are collected, for deposit by the auditor or fiscal officer in the
user fee fund established under
IC 33-19-8
:
(1) The alcohol and drug services program user fee.
(2) The law enforcement continuing education program fee.
(3) The deferral program fee.
(d) The defendant is not liable for any ordinance violation costs fee
in an action in which:
(1) the defendant was charged with an ordinance violation subject
to
IC 33-6-3
;
(2) the defendant denied the violation under
IC 33-6-3-2
;
(3) proceedings in court against the defendant were initiated
under
IC 34-28-5
(or
IC 34-4-32
before its repeal); and
(4) the defendant was tried and the court entered judgment for the
defendant for the violation.
(e) Instead of the infraction or ordinance violation costs fee
prescribed by subsection (a), the clerk shall collect a deferral program
fee if an agreement between a prosecuting attorney or an attorney for
a municipal corporation and the person charged with a violation
entered into under
IC 34-28-5-1
(or
IC 34-4-32-1
before its repeal)
requires payment of those fees by the person charged with the
violation. The deferral program fee is:
(1) an initial user's fee not to exceed fifty-two dollars ($52); and
(2) a monthly user's fee not to exceed ten dollars ($10) for each
month the person remains in the deferral program.
SOURCE: IC 33-19-6-10; (03)IN1110.1.5. -->
SECTION 5.
IC 33-19-6-10
, AS AMENDED BY P.L.1-2002,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 10. (a) In each action in which a
person is found to have:
(1) committed an offense under
IC 9-30-5
;
(2) violated a statute defining an infraction under
IC 9-30-5
; or
(3) been adjudicated a delinquent for an act that would be an
offense under
IC 9-30-5
, if committed by an adult;
and the person's driving privileges are suspended by the court or the
bureau of motor vehicles as a result of the finding, the clerk shall
collect an alcohol and drug countermeasures fee of two hundred dollars
($200) and a uniform roadside memorial fee of one dollar ($1).
(b) In each action in which a person is charged with an offense
under
IC 9-30-5
and, by a plea agreement or agreement of the parties
that is approved by the court:
(1) judgment is entered for an offense under:
(A)
IC 9-21-8-50
;
(B)
IC 9-21-8-52
;
(C)
IC 7.1-5-1-3
; or
(D)
IC 7.1-5-1-6
; and
(2) the defendant agrees to pay the alcohol and drug counter
measures fee;
the clerk shall collect an alcohol and drug countermeasures fee of two
hundred dollars ($200) and a uniform roadside memorial fee of one
dollar ($1).
SOURCE: IC 36-1-4-6.5; (03)IN1110.1.6. -->
SECTION 6.
IC 36-1-4-6.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
Sec. 6.5. (a) As used in this chapter, "uniform roadside
memorial" has the meaning set forth in
IC 8-23-1-42.5.
(b) A unit may erect uniform roadside memorials to:
(1) commemorate the victims of vehicular traffic accidents;
(2) serve as a reminder to others of the duty to drive in a safe
manner; and
(3) honor public safety workers killed in the line of duty on
the unit's road or street system.
(c) If the unit erects uniform roadside memorials under
subsection (b), the uniform roadside memorials must conform to
the:
(1) requirements for; and
(2) specifications of;
uniform roadside memorials erected by the department of
transportation as set forth in
IC 8-23-5-9.