April 1, 2005





ENGROSSED

SENATE BILL No. 63

_____


DIGEST OF SB 63 (Updated March 31, 2005 11:20 am - DI 96)



Citations Affected: IC 8-4.5.

Synopsis: Railroad corridors. Allows the department of transportation (department) to acquire a railroad's interest in a railroad corridor without approval from the transportation corridor planning board (board). Requires the department to: (1) contact railroad owners concerning corridors that the owners may abandon; (2) in consultation with affected agencies, prepare a list of corridors for preservation; and (3) hold one public meeting in a county through which the corridor passes. (Current law requires the department to hold one public meeting in each county through which the corridor passes.) Deletes the requirement that the board hold a public meeting to consider a recommendation by the department that the state acquire a railroad's interest in a corridor proposed to be abandoned.

Effective: July 1, 2005.





Landske
(HOUSE SPONSORS _ DUNCAN, GUTWEIN, STEVENSON)




    January 4, 2005, read first time and referred to Committee on Rules and Legislative Procedure.
    February 17, 2005, amended; reassigned to Committee on Commerce and Transportation.
    February 24, 2005, amended, reported favorably _ Do Pass.
    February 28, 2005, read second time, ordered engrossed. Engrossed.
    March 1, 2005, read third time, passed. Yeas 49, nays 0.

HOUSE ACTION

    March 14, 2005, read first time and referred to Committee on Roads and Transportation.
    March 31, 2005, amended, reported _ Do Pass.






April 1, 2005

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 63



    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:

    SECTION 1. IC 8-4.5-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The departments annually shall do the following:
        (1) Prepare a list of existing rights-of-way that might be abandoned during the following year. The list shall be submitted to the board for review.
        (2) Set priorities for potential future uses of rights-of-way consistent with the Indiana department of transportation's comprehensive transportation plan and the department of natural resources trail system plan.
         (3) Contact each railroad owner that holds an interest in a corridor in Indiana to assess the status and any issues concerning corridors that may be abandoned.
    (b) The Indiana department of transportation annually, in consultation with affected state and local agencies, shall prepare a list of corridors for preservation.

    SECTION 2. IC 8-4.5-4-1 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The Indiana department of transportation shall determine whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. The department shall make its recommendations to the board regarding acquisition of a railroad's interest in any corridor.
    (b) Acquisition of a railroad's interest in a corridor is subject to approval of the board.
    SECTION 3. IC 8-4.5-4-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. The board shall advise and assist the Indiana department of transportation in matters concerning the acquisition of a railroad's interest in a corridor under this chapter.
    SECTION 4. IC 8-4.5-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in each a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the meeting must be given in accordance with IC 5-14-1.5.
    (b) In addition to the notice requirements of IC 5-14-1.5, the department shall give notice of a meeting under this section to the following:
        (1) The county commissioners of each county through which the railroad's interest in the proposed abandoned corridor passes.
        (2) The legislative body of each city or town:
            (A) through which the railroad's interest in the corridor passes; or
            (B) that is within one (1) mile of any part of the railroad's interest in the corridor.
        (3) The railroad that proposes to abandon the railroad's interest in the corridor.
        (4) The Indiana utility regulatory commission.
Notice must be given to the persons described in subdivisions (1) through (4) not later than the date notice is required to be published under IC 5-14-1.5.
    (c) The department may hold additional meetings before making a determination under this chapter.
    (d) The department shall hold a meeting under this section in each county through which the railroad's interest in the corridor passes.
    SECTION 5. IC 8-4.5-4-5 IS REPEALED [EFFECTIVE JULY 1, 2005].