Introduced Version
HOUSE BILL No. 1490
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-23.
Synopsis: Public hearings for INDOT projects. Requires the
department of transportation (INDOT) to consult with public officials
and hold public hearings whenever INDOT proposes a project that will
significantly disrupt traffic flow or permanently change established
traffic patterns.
Effective: July 1, 2003.
Heim, Koch, Austin, Pierce
January 15, 2003, read first time and referred to Committee on Roads and Transportation.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1490
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 8-23-2-5; (03)IN1490.1.1. -->
SECTION 1.
IC 8-23-2-5
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5. The department, through the
commissioner or the commissioner's designee, shall:
(1) develop, continuously update, and implement:
(A) long range comprehensive transportation plans;
(B) work programs; and
(C) budgets;
to assure the orderly development and maintenance of an efficient
statewide system of transportation;
(2) implement the policies, plans, and work programs adopted by
the department;
(3) organize by creating, merging, or abolishing divisions;
(4) evaluate and utilize whenever possible improved
transportation facility maintenance and construction techniques;
(5) carry out public transportation responsibilities, including:
(A) developing and recommending public transportation
policies, plans, and work programs;
(B) providing technical assistance and guidance in the area of
public transportation to political subdivisions with public
transportation responsibilities;
(C) developing work programs for the utilization of federal
mass transportation funds;
(D) furnishing data from surveys, plans, specifications, and
estimates required to qualify a state agency or political
subdivision for federal mass transportation funds;
(E) conducting or participating in any public hearings to
qualify urbanized areas for an allocation of federal mass
transportation funding;
(F) serving, upon designation of the governor, as the state
agency to receive and disburse any state or federal mass
transportation funds that are not directly allocated to an
urbanized area;
(G) entering into agreements with other states, regional
agencies created in other states, and municipalities in other
states for the purpose of improving public transportation
service to the citizens; and
(H) developing and including in its own proposed
transportation plan a specialized transportation services plan
for the elderly and persons with disabilities;
(6) provide technical assistance to units of local government with
road and street responsibilities;
(7) develop, undertake, and administer the program of research
and extension required under
IC 8-17-7
; and
(8) allow public testimony in accordance with section 17 of this
chapter whenever the department holds a public hearing (as
defined in section 17 of this chapter); and
(9) consult with local public officials and hold public hearings
in accordance with section 17(b) through 17(c) of this chapter
whenever the department proposes:
(A) a project that will significantly disrupt traffic flow in
or around communities; or
(B) a permanent change to established traffic patterns.
SOURCE: IC 8-23-6-1; (03)IN1490.1.2. -->
SECTION 2.
IC 8-23-6-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The department shall select
the route of highways in the system of highways under its control
through cities and towns, and may change the routes as the department
determines most convenient for public travel
in accordance with
IC 8-23-2-5
(9).
(b) Notwithstanding subsection (a) and in or near the city of
Mishawaka, Indiana, the portion of Capital Avenue lying between:
(1) the most recently established US 20 bypass as of January 1,
1997; and
(2) the Indiana toll road;
is designated state route number three hundred thirty-one (331).
(c) The department, to the extent of the funds available for the
purpose, shall maintain and, as it determines necessary and as the funds
required are available, may construct and improve the roadway of the
streets or a part of the streets to the width determined by the
department. As part of the construction work, the department shall
construct within the limits of a street the curbs and gutters, manholes,
catch basins, and the necessary drainage structures and facilities.
(d) Notwithstanding subsection (c), funds for the construction or
improvement of the road designated as state route three hundred
thirty-one (331) under subsection (b), to the extent funds are available
for the construction or improvement, shall first be exhausted from:
(1) revenue declared excess by the Indiana toll road;
(2) federal aid designated for the local metropolitan planning
organization;
(3) city and county highway funds used for such purpose; and
(4) revenue generated from local incremental finance districts;
before any funds designated to the department are used for construction
or improvement of state route three hundred thirty-one (331).