SB 63-1_ Filed 02/17/2005, 14:28 ChairPerson


COMMITTEE REPORT





MADAM PRESIDENT:
    
     The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 63, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning utilities and transportation.
    Delete everything after the enacting clause and insert the following:
    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) Meet with 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.
SOURCE: IC 8-4.5-4-1; (05)PD4489.2. -->     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.
     (b) The Indiana department of transportation:
        (1) has the right of first refusal to acquire a railroad's interest in a corridor that is proposed to be abandoned; and
        (2) may engage in negotiations to acquire active and abandoned corridors.
    (c) If the Indiana department of transportation and the railroad are unable to agree upon a price through negotiations under subsection (b)(2), the department may exercise the power of eminent domain in accordance with IC 32-24 to acquire the corridor.

SOURCE: IC 8-4.5-4-1.5; (05)PD4489.3. -->     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.
SOURCE: IC 8-4.5-4-3; (05)PD4489.4. -->     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.
SOURCE: IC 8-4.5-4-5; (05)PD4489.5. -->     SECTION 5. IC 8-4.5-4-5 IS REPEALED [EFFECTIVE JULY 1, 2005].
     (Reference is to SB 63 as introduced.)


and when so amended that said bill be reassigned to the Senate Committee on Commerce and Trasnportation.

___________________________

GARTON Chairperson


RS 006302/jf
2005