Introduced Version




Citations Affected: IC 8-23-12-4.

Synopsis: Highway modernization projects. Requires the department of transportation to add to its biennial work program a category of projects that are designed to improve the capacity of a state highway without constructing new travel lanes.

Effective: July 1, 2006.

Denbo, Koch

    January 9, 2006, read first time and referred to Committee on Roads and Transportation.


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.
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    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 8-23-12-4; (06)IN1174.1.1. -->     SECTION 1. IC 8-23-12-4, AS AMENDED BY P.L.4-2005, SECTION 118, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) The department shall annually adopt from its long range program and publish a biennial work program of construction to be accomplished within the following two (2) fiscal years. This biennial work program must consist of a list of projects listed in order of urgency. In case of emergencies and disasters resulting in the necessity for completely unforeseen demands for construction, or if unforeseen difficulties arise in the acquisition of rights-of-way, materials, labor, or equipment necessary for proposed construction or the availability of funds, a deviation from the adopted biennial work program is permitted. The relative urgency of proposed construction shall be determined by a consideration of the physical condition, the safety and service characteristics of the highways under consideration, and the economic needs of the area served by the highways. In arriving at and making a determination, the department shall utilize all studies, data, and information made available to it from

any appropriate source including economic data, relative to affected areas, from the Indiana economic development corporation.
     (b) Beginning July 1, 2007, a biennial work program adopted under subsection (a) must include a list of projects that are to be accomplished within the following two (2) fiscal years, and are devoted to the modernization of the state's highways. The list required by this subsection may include any construction project that is intended to increase the capacity of a state highway and that does not include the construction of new travel lanes. The list may include a project:
        (1) for the construction of turn lanes;
        (2) to eliminate dangerous curves;
        (3) to eliminate dangerous hill crests; or
        (4) for any other improvement to a state highway that will increase the capacity of the state highway without adding new travel lanes.