Introduced Version






HOUSE BILL No. 1287

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 8-16-1-26; IC 8-23-9-0.5; IC 9-13-2; IC 9-21; IC 9-24-6-18; IC 33-37-5-14.

Synopsis: Transportation. Allows 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; or (2) provide electronic access to the notice through the computer gateway administered by the office of technology. Requires a civil judgment of at least $100 to be imposed on persons who commit Class C infractions for violating certain railroad crossing statutes. Requires the civil penalties to be deposited in the railroad grade crossing fund to be used for: (1) the installation of automatic train activated warning signals; and (2) passive railroad crossing safety improvement projects. Provides for the removal of vehicles left in the clear zone adjacent to an interstate highway for more than 24 hours. Provides that a person who operates a vehicle and who recklessly drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to endanger the safety of a state highway worker in a highway work zone commits a Class A misdemeanor. Repeals a provision preventing a toll bridge constructed, owned, and operated by the finance authority from becoming a part of the system of state highways free of tolls or a tollway.

Effective: July 1, 2006.





Duncan




    January 10, 2006, read first time and referred to Committee on Roads and Transportation.







Introduced

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.

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)IN1287.1.1. -->     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 may:
        (1) give notice of the time and place for the receiving of bids under this chapter in accordance with IC 5-3-1; or
        (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 9-13-2-1; (06)IN1287.1.2. -->     SECTION 2. IC 9-13-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. "Abandoned vehicle" means the following:
        (1) A vehicle located on public property illegally.
        (2) A vehicle left on public property without being moved for three (3) days.
        (3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
        (4) (3) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
        (5) (4) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.
        (6) (5) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner's agent within twenty (20) days after the vehicle's removal.
        (7) (6) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days.
SOURCE: IC 9-13-2-27.3; (06)IN1287.1.3. -->     SECTION 3. IC 9-13-2-27.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 27.3. "Clear zone", for purposes of IC 9-21-16, has the meaning set forth in IC 9-21-16-0.3.
SOURCE: IC 9-13-2-69.1; (06)IN1287.1.4. -->     SECTION 4. IC 9-13-2-69.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 69.1. "Freeway service patrol responder", for purposes of IC 9-21-16, has the meaning set forth in IC 9-21-16-0.5.
SOURCE: IC 9-13-2-127; (06)IN1287.1.5. -->     SECTION 5. IC 9-13-2-127, AS AMENDED BY P.L.210-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 127. (a) "Police officer" means, except as provided in subsection (b), the following:
        (1) A regular member of the state police department.
        (2) A regular member of a city or town police department.
        (3) A town marshal or town marshal deputy.
        (4) A regular member of a county sheriff's department.
        (5) A conservation officer of the department of natural resources.
        (6) An individual assigned as a motor carrier inspector under IC 10-11-2-26(a).
    (b) "Police officer", for purposes of IC 9-21, means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. However, for purposes of IC 9-21-16-4.5, the term refers to only the following:
        (1) A regular member of the state police department.
        (2) A regular member of a city or town police department.
        (3) A regular member of a county sheriff's department.

    SECTION 6. IC 9-21-4-19 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 19. (a) A person who violates section 4, 5, 6, 16, 17, or 18 of this chapter commits a Class C infraction.
    (b) Notwithstanding:
        (1) IC 34-28-5-4(c), a civil judgment of at least one hundred dollars ($100) shall be imposed for an infraction committed in violation of section 16 of this chapter; and
        (2) IC 34-28-5-5(c), civil penalties collected for a violation of section 16 of this chapter shall be deposited in the railroad grade crossing fund created by IC 8-6-7.7-6.1.

SOURCE: IC 9-21-8-49; (06)IN1287.1.7. -->     SECTION 7. IC 9-21-8-49 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 49. (a) Except as provided in sections 50, 51, 52, and 54 of this chapter, a person who violates this chapter commits a Class C infraction.
    (b) Notwithstanding:
        (1) IC 34-28-5-4(c), a civil judgment of at least one hundred dollars ($100) shall be imposed for an infraction committed in violation of:
            (A) section 8(b)(2) of this chapter if a vehicle is driven to the left side of the roadway when:
                (i) approaching within one hundred (100) feet of; or
                (ii) traversing;
            a railroad grade crossing; or
            (B) section 39 of this chapter; and
        (2) IC 34-28-5-5(c), civil penalties collected under:
            (A) section 8(b)(2) of this chapter for a violation described in subdivision (1)(A); and
            (B) section 39 of this chapter;
        shall be deposited in the railroad grade crossing fund created by IC 8-6-7.7-6.1.

SOURCE: IC 9-21-8-52; (06)IN1287.1.8. -->     SECTION 8. IC 9-21-8-52, AS AMENDED BY P.L.1-2005, SECTION 103, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 52. (a) A person who operates a vehicle and who recklessly:
        (1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:
            (A) endanger the safety or the property of others; or
            (B) block the proper flow of traffic;
        (2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;
        (3) drives in and out of a line of traffic, except as otherwise

permitted;
        (4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass; or
        (5) passes a school bus stopped on a roadway when the arm signal device specified in IC 9-21-12-13 is in the device's extended position;
commits a Class B misdemeanor.
     (b) A person who:
        (1) operates a vehicle; and
        (2) recklessly drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to endanger the safety of a state highway worker in a highway work zone;
commits a Class A misdemeanor.

    (b) (c) If an offense under subsection (a) results in damage to the property of another person, the court shall recommend the suspension of the current driving license of the person for a fixed period of:
        (1) not less than thirty (30) days; and
        (2) not more than one (1) year.

SOURCE: IC 9-21-12-11; (06)IN1287.1.9. -->     SECTION 9. IC 9-21-12-11, AS AMENDED BY P.L.231-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) A person who violates section 5, 6, or 7 of this chapter commits a Class C infraction. Notwithstanding:
        (1) IC 34-28-5-4(c), a civil judgment of at least one hundred dollars ($100) shall be imposed for an infraction committed in violation of section 5 of this chapter; and
        (2) IC 34-28-5-5(c), civil penalties collected for a violation of section 5 of this chapter shall be deposited in the railroad grade crossing fund created by IC 8-6-7.7-6.1.

    (b) A person who knowingly or intentionally violates section 12, 13, 14, 15, 16, or 17 of this chapter commits a Class C misdemeanor.
     SECTION 10. IC 9-21-16-0.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 0.3. As used in this chapter, "clear zone" means the unobstructed, relatively flat area provided, including any shoulder or auxiliary lane, beyond the edge of a highway for the recovery of errant vehicles.
     SECTION 11. IC 9-21-16-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 0.5. As used in this chapter, "freeway service patrol responder" means a regular member of the department's freeway service patrol.
SOURCE: IC 9-21-16-4.5; (06)IN1287.1.12. -->     SECTION 12. IC 9-21-16-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.5. (a) A person may not stop, stand, or park a vehicle in a clear zone that is adjacent to a highway that is a part of the interstate highway system for more than twenty-four (24) hours.
    (b) If a police officer or a freeway service patrol responder discovers a vehicle that is in violation of subsection (a), the police officer or freeway service patrol responder shall cause the vehicle to be removed from the clear zone and stored in a suitable place.
    (c) The removal of a vehicle under subsection (b) is in addition to any penalty imposed under section 9 of this chapter.
    (d) This section may not be construed to confer upon a freeway service patrol responder any police powers other than the power granted under subsection (b).

SOURCE: IC 9-24-6-18; (06)IN1287.1.13. -->     SECTION 13. IC 9-24-6-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 18. (a) Except as provided in sections 16 and 17 of this chapter, a person who violates this chapter commits a Class C infraction.
    (b) Notwithstanding:
        (1) IC 34-28-5-4(c), a civil judgment of at least one hundred dollars ($100) shall be imposed for an infraction committed in violation of section 6(a)(7) or 6(a)(8) of this chapter; and
        (2) IC 34-28-5-5(c), civil penalties collected for a violation of section 6(a)(7) or 6(a)(8) of this chapter shall be deposited in the railroad grade crossing fund created by IC 8-6-7.7-6.1.

SOURCE: IC 33-37-5-14; (06)IN1287.1.14. -->     SECTION 14. 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 a state highway worker in a highway work zone (as provided in IC 9-21-8-52(b)); 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 a state highway worker in a highway work zone.

SOURCE: IC 8-16-1-26; (06)IN1287.1.15. -->     SECTION 15. IC 8-16-1-26 IS REPEALED [EFFECTIVE JULY 1, 2006].