February 17, 2006





ENGROSSED

HOUSE BILL No. 1287

_____


DIGEST OF HB 1287 (Updated February 15, 2006 4:44 pm - DI 75)



Citations Affected: IC 8-23; IC 9-13; IC 9-21; IC 9-22; IC 33-37.

Synopsis: Transportation. Requires the department of transportation to: (1) publish a notice of the time and place for the receiving of bids for a state highway contract in a newspaper; and (2) provide electronic access to the notice through the computer gateway administered by the office of technology. Provides for the removal of a vehicle or parts left on a highway in the state highway system within 24 hours after the vehicle or part is tagged. Provides that a person who operates a vehicle in a highway worksite zone (1) in a reckless manner; or (2) attempting to endanger the safety or property of individuals authorized by the Indiana department of transportation or the appropriate local entities to be in a highway worksite zone commits a Class A misdemeanor. Authorizes the collection of a highway worksite zone fee under certain circumstances.

Effective: July 1, 2006.






Duncan, Goodin
(SENATE SPONSOR _ LANDSKE)




    January 10, 2006, read first time and referred to Committee on Roads and Transportation.
    January 23, 2006, amended, reported _ Do Pass.
    January 30, 2006, read second time, amended, ordered engrossed.
    January 31, 2006, engrossed.
    February 2, 2006, read third time, passed. Yeas 68, nays 30.

SENATE ACTION

    February 6, 2006, read first time and referred to Committee on Commerce and Transportation.
    February 16, 2006, amended, reported favorably _ Do Pass.






February 17, 2006

Second Regular Session 114th General Assembly (2006)


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 2005 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1287



    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 8-23-9-0.5; (06)EH1287.1.1. -->     SECTION 1. IC 8-23-9-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 0.5. The department shall:
        (1) give notice of the time and place for the receiving of bids under this chapter in accordance with IC 5-3-1; and
        (2) provide electronic access to a notice of the date, time, and place for the receiving of bids under this chapter through the computer gateway administered by the office of technology.

SOURCE: IC 9-13-2-173.3; (06)EH1287.1.2. -->     SECTION 2. IC 9-13-2-173.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 173.3. "State highway system" has the meaning set forth in IC 8-23-1-40.
SOURCE: IC 9-21-8-49; (06)EH1287.1.3. -->     SECTION 3. IC 9-21-8-49 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 49. Except as provided in sections 50, 51, 52, and 54, and 55 of this chapter, a person who violates this chapter commits a Class C infraction.
SOURCE: IC 9-21-8-55; (06)EH1287.1.4. -->     SECTION 4. IC 9-21-8-55 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 55. A person who operates a vehicle in a highway worksite zone:
        (1) in a reckless manner; or
        (2) attempting to endanger the safety or property of individuals authorized by the Indiana department of transportation or the appropriate local entities to be in a highway worksite zone;
commits a Class A misdemeanor.

SOURCE: IC 9-22-1-11.5; (06)EH1287.1.5. -->     SECTION 5. IC 9-22-1-11.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11.5. An officer who finds or is notified of a vehicle or parts believed to be abandoned on a highway that is part of the state highway system shall attach a notice tag in a prominent place on the vehicle or part. The notice tag must contain the following information:
        (1) The date and time the notice is attached.
        (2) The officer's name.
        (3) The name, address, and telephone number of the public agency or the Indiana department of transportation that may be contacted for information.
        (4) That the vehicle or parts are considered abandoned.
        (5) That the vehicle or parts will be removed after twenty-four (24) hours.
        (6) That the person who owns the vehicle or parts will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle or parts.
        (7) That the person who owns the vehicle or parts may avoid costs described in subdivision (6) by removing the vehicle or parts within twenty-four (24) hours.

SOURCE: IC 9-22-1-12; (06)EH1287.1.6. -->     SECTION 6. IC 9-22-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. If a vehicle or a part tagged under section 11 or 11.5 of this chapter is not removed within the seventy-two (72) hour specified time period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts. Photographs shall be taken to describe the condition of the vehicle or parts.
SOURCE: IC 9-22-1-14.5; (06)EH1287.1.7. -->     SECTION 7. IC 9-22-1-14.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14.5. (a) This section applies only to an abandoned

vehicle or parts abandoned on a highway in the state highway system.
    (b) If, in the opinion of the officer, the market value of the abandoned vehicle or parts determined in accordance with section 12 of this chapter is at least:
        (1) five hundred dollars ($500); or
        (2) in a municipality that has adopted an ordinance under section 13(b) of this chapter, the amount established by the ordinance;
the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts.
    (c) After twenty-four (24) hours, the officer shall require the vehicle or parts to be towed to a storage yard or towing service.

SOURCE: IC 9-22-1-19; (06)EH1287.1.8. -->     SECTION 8. IC 9-22-1-19, AS AMENDED BY P.L.104-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 19. (a) Within seventy-two (72) hours after removal of an abandoned vehicle to a storage yard or towing service under section 13, 14, 14.5, or 16 of this chapter, the public agency or towing operator shall prepare and forward to the bureau an abandoned vehicle report containing a description of the vehicle, including the following information concerning the vehicle:
        (1) The make.
        (2) The model.
        (3) The identification number.
        (4) The number of the license plate.
    (b) The public agency or towing operator shall request that the bureau advise the public agency or towing operator of the name and most recent address of the person who owns or holds a lien on the vehicle.
    (c) Notwithstanding section 4 of this chapter, if the public agency or towing operator fails to notify the bureau of the removal of an abandoned vehicle within seventy-two (72) hours after the vehicle is removed as required by subsection (a), the public agency or towing operator:
        (1) may not initially collect more in reimbursement for the costs of storing the vehicle than the cost incurred for storage for seventy-two (72) hours; and
        (2) may collect further reimbursement under this chapter only for additional storage costs incurred after notifying the bureau of the removal of the abandoned vehicle.
SOURCE: IC 33-37-5-14; (06)EH1287.1.9. -->     SECTION 9. IC 33-37-5-14 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14. (a) This section applies to criminal, infraction, and ordinance violation actions that are traffic offenses (as defined in IC 9-30-3-5).
    (b) The clerk shall collect a highway worksite zone fee of fifty cents ($0.50). However, the clerk shall collect a highway worksite zone fee of twenty-five dollars and fifty cents ($25.50) if:
        (1) the criminal action, infraction, or ordinance violation is:
            (A) exceeding a worksite speed limit (as provided in IC 9-21-5-2 and authorized by IC 9-21-5-3); or
            (B) failure to merge (as provided in IC 9-21-8-7.5); and or
            (C) reckless driving that endangers the safety of an individual authorized by the Indiana department of transportation or the appropriate local entities to be in a highway worksite zone (as provided in IC 9-21-8-55); and

        (2) the judge orders the clerk to collect the fee for exceeding a worksite speed limit, or failure to merge, or reckless driving that endangers the safety of an individual authorized by the Indiana department of transportation or the appropriate local entities to be in a highway worksite zone.