Indiana 2023 Regular Session

Indiana Senate Bill SB0074 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	SB0074.2
2		-	Reprinted
3		-	January 27, 2023
	1	+	SB0074.1
	2	+	January 20, 2023
4	3		SENATE BILL No. 74
5	4		_____
6		-	DIGEST OF SB 74 (Updated January 26, 2023 2:13 pm - DI 129)
	5	+	DIGEST OF SB 74 (Updated January 19, 2023 12:06 pm - DI 129)
7	6		Citations Affected: IC 8-14.
8	7		Synopsis: Local use of restricted funds. Defines "preservation" for
9	8		purposes of provisions that require counties, cities, and towns to use at
10	9		least 50% of the money distributed from the motor vehicle highway
11	10		account for construction, reconstruction, and preservation of highways.
12		-	Requires the local technical assistance program at Purdue University
13		-	(LTAP), in conjunction with the Indiana department of transportation
14		-	(department), to analyze data for calendar years 2018 through 2022
15		-	regarding the use of motor vehicle highway account allocations to
16		-	counties, cities, and towns. Specifies the contents of the analysis and
17		-	requires LTAP, in conjunction with the department, to present the
18		-	results of the analysis in a report to the budget committee.
19		-	Effective: Upon passage; July 1, 2023.
20		-	Alexander, Mishler, Doriot
	11	+	Effective: July 1, 2023.
	12	+	Alexander
21	13		January 9, 2023, read first time and referred to Committee on Appropriations.
22	14		January 19, 2023, amended, reported favorably — Do Pass.
23		-	January 26, 2023, read second time, amended, ordered engrossed.
24		-	SB 74—LS 6290/DI 139 Reprinted
25		-	January 27, 2023
	15	+	SB 74—LS 6290/DI 139 January 20, 2023
26	16		First Regular Session of the 123rd General Assembly (2023)
27	17		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	18		Constitution) is being amended, the text of the existing provision will appear in this style type,
29	19		additions will appear in this style type, and deletions will appear in this style type.
30	20		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	21		provision adopted), the text of the new provision will appear in this style type. Also, the
32	22		word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	23		a new provision to the Indiana Code or the Indiana Constitution.
34	24		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	25		between statutes enacted by the 2022 Regular Session of the General Assembly.
36	26		SENATE BILL No. 74
37	27		A BILL FOR AN ACT to amend the Indiana Code concerning
38	28		transportation.
39	29		Be it enacted by the General Assembly of the State of Indiana:
40	30		1 SECTION 1. IC 8-14-1-4, AS AMENDED BY P.L.185-2018,
41	31		2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	32		3 JULY 1, 2023]: Sec. 4. (a) The funds allocated to the respective
43	33		4 counties of the state from the motor vehicle highway account shall
44	34		5 annually be budgeted as provided by law, and, when distributed shall
45	35		6 be used for construction, reconstruction, preservation, and maintenance
46	36		7 of the highways of the respective counties, including highways which
47	37		8 traverse the streets of incorporated towns, the cost of the repair and
48	38		9 maintenance of which prior to the tenth day of September, 1932, was
49	39		10 paid from the county gravel road repair fund excepting where the
50	40		11 department is charged by law with the maintenance or construction of
51	41		12 any such highway so traversing such streets. Subject to subsection (b),
52	42		13 any surplus existing in the funds at the end of the year shall thereafter
53	43		14 continue as a part of the highway funds of the said counties and shall
54	44		15 be rebudgeted and used as already provided in this chapter. The
55	45		16 purchase, rental and repair of highway equipment, painting of bridges
56	46		17 and acquisition of grounds for erection and construction of storage
57	47		SB 74—LS 6290/DI 139 2
58	48		1 buildings, acquisition of rights of way and the purchase of fuel oil, and
59	49		2 supplies necessary to the performance of construction, reconstruction,
60	50		3 preservation, and maintenance of highways, shall be paid out of the
61	51		4 highway account of the various counties.
62	52		5 (b) For funds distributed to a county from the motor vehicle
63	53		6 highway account, the county shall use at least fifty percent (50%) of the
64	54		7 money for the construction, reconstruction, and preservation of the
65	55		8 county's highways.
66		-	9 (c) For purposes of this section, "preservation" ~~includes~~ snow
	56	+	9 (c) For purposes of this section, "preservation" means snow
67	57		10 removal and expenditures for deicing road salt or similar deicing
68	58		11 agents.
69	59		12 SECTION 2. IC 8-14-1-5, AS AMENDED BY P.L.185-2018,
70	60		13 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
71	61		14 JULY 1, 2023]: Sec. 5. (a) Subject to subsection (c), all funds allocated
72	62		15 to cities and towns from the motor vehicle highway account shall be
73	63		16 used by the cities and towns for the construction, reconstruction,
74	64		17 preservation, repair, maintenance, oiling, sprinkling, snow removal,
75	65		18 weed and tree cutting and cleaning of their highways as herein defined,
76	66		19 and including also any curbs, and the city's or town's share of the cost
77	67		20 of the separation of the grades of crossing of public highways and
78	68		21 railroads, the purchase or lease of highway construction, preservation,
79	69		22 and maintenance equipment, the purchase, erection, operation and
80	70		23 maintenance of traffic signs and signals, and safety zones and devices,
81	71		24 and the painting of surfaces in highways for purposes of safety and
82	72		25 traffic regulation. All of such funds shall be budgeted as provided by
83	73		26 law.
84	74		27 (b) In addition to purposes for which funds may be expended under
85	75		28 subsection (a), monies allocated to cities and towns under this chapter
86	76		29 may be expended for the payment of principal and interest on bonds
87	77		30 sold primarily to finance road, street, or thoroughfare projects.
88	78		31 (c) For funds distributed to a city or town from the motor vehicle
89	79		32 highway account, the city or town shall use at least fifty percent (50%)
90	80		33 of the money for the construction, reconstruction, and preservation of
91	81		34 the city's or town's highways.
92		-	35 (d) For purposes of this section, "preservation" ~~includes~~ snow
	82	+	35 (d) For purposes of this section,"preservation" means snow
93	83		36 removal and expenditures for deicing road salt or similar deicing
94	84		37 agents.
95		-	38 SECTION 3. IC 8-14-1-5.5 IS ADDED TO THE INDIANA CODE
96		-	39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
97		-	40 UPON PASSAGE]: Sec. 5.5. (a) The local technical assistance
98		-	41 program at Purdue University, in conjunction with the Indiana
99		-	42 department of transportation, shall analyze data for calendar years
100	85		SB 74—LS 6290/DI 139 3
101		-	1 2018 through 2022 regarding the use of motor vehicle highway
102		-	2 account allocations to counties under section 4 of this chapter and
103		-	3 to cities and towns under section 5 of this chapter. The analysis
104		-	4 required by this section shall include the following components:
105		-	5 (1) Expenditures for purposes of construction, reconstruction,
106		-	6 and preservation, including fund balances.
107		-	7 (2) Expenditures for purposes other than construction,
108		-	8 reconstruction, and preservation, including fund balances.
109		-	9 (3) The requirement to use at least fifty percent (50%) of the
110		-	10 money for the construction, reconstruction, and preservation
111		-	11 of the local highways.
112		-	12 (4) Whether the requirement to use at least fifty percent
113		-	13 (50%) of the money for construction, reconstruction, and
114		-	14 preservation of the local highways should be changed.
115		-	15 (b) The local technical assistance program at Purdue University,
116		-	16 in conjunction with the Indiana department of transportation, shall
117		-	17 aggregate the results of the analysis conducted under this section
118		-	18 and present a report to the budget committee during the 2023
119		-	19 interim.
120		-	20 (c) This section expires January 1, 2024.
121		-	21 SECTION 4. An emergency is declared for this act.
122		-	SB 74—LS 6290/DI 139 4
123	86		COMMITTEE REPORT
124	87		Madam President: The Senate Committee on Appropriations, to
125	88		which was referred Senate Bill No. 74, has had the same under
126	89		consideration and begs leave to report the same back to the Senate with
127	90		the recommendation that said bill be AMENDED as follows:
128	91		Page 2, line 6, reset in roman "fifty percent (50%)".
129	92		Page 2, line 6, delete "forty".
130	93		Page 2, line 7, delete "percent (40%)".
131	94		Page 2, after line 8, begin a new paragraph and insert:
132	95		"(c) For purposes of this section, "preservation" means snow
133	96		removal and expenditures for deicing road salt or similar deicing
134	97		agents.
135	98		SECTION 2. IC 8-14-1-5, AS AMENDED BY P.L.185-2018,
136	99		SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
137	100		JULY 1, 2023]: Sec. 5. (a) Subject to subsection (c), all funds allocated
138	101		to cities and towns from the motor vehicle highway account shall be
139	102		used by the cities and towns for the construction, reconstruction,
140	103		preservation, repair, maintenance, oiling, sprinkling, snow removal,
141	104		weed and tree cutting and cleaning of their highways as herein defined,
142	105		and including also any curbs, and the city's or town's share of the cost
143	106		of the separation of the grades of crossing of public highways and
144	107		railroads, the purchase or lease of highway construction, preservation,
145	108		and maintenance equipment, the purchase, erection, operation and
146	109		maintenance of traffic signs and signals, and safety zones and devices,
147	110		and the painting of surfaces in highways for purposes of safety and
148	111		traffic regulation. All of such funds shall be budgeted as provided by
149	112		law.
150	113		(b) In addition to purposes for which funds may be expended under
151	114		subsection (a), monies allocated to cities and towns under this chapter
152	115		may be expended for the payment of principal and interest on bonds
153	116		sold primarily to finance road, street, or thoroughfare projects.
154	117		(c) For funds distributed to a city or town from the motor vehicle
155	118		highway account, the city or town shall use at least fifty percent (50%)
156	119		of the money for the construction, reconstruction, and preservation of
157	120		the city's or town's highways.
158	121		(d) For purposes of this section,"preservation" means snow
159	122		removal and expenditures for deicing road salt or similar deicing
160	123		agents.".
161	124		and when so amended that said bill do pass.
162		-	SB 74—LS 6290/DI 139 5
	125	+	SB 74—LS 6290/DI 139 4
163	126		(Reference is to SB 74 as introduced.)
164	127		MISHLER, Chairperson
165	128		Committee Vote: Yeas 12, Nays 1.
166		-	_____
167		-	SENATE MOTION
168		-	Madam President: I move that Senate Bill 74 be amended to read as
169		-	follows:
170		-	Page 2, line 9, delete "means" and insert "includes".
171		-	Page 2, line 17, strike "snow removal,".
172		-	Page 2, line 35, delete "section,"preservation" means" and insert
173		-	"section, "preservation" includes".
174		-	Page 2, after line 37, begin a new paragraph and insert:
175		-	"SECTION 3. IC 8-14-1-5.5 IS ADDED TO THE INDIANA CODE
176		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
177		-	UPON PASSAGE]: Sec. 5.5. (a) The local technical assistance
178		-	program at Purdue University, in conjunction with the Indiana
179		-	department of transportation, shall analyze data for calendar years
180		-	2018 through 2022 regarding the use of motor vehicle highway
181		-	account allocations to counties under section 4 of this chapter and
182		-	to cities and towns under section 5 of this chapter. The analysis
183		-	required by this section shall include the following components:
184		-	(1) Expenditures for purposes of construction, reconstruction,
185		-	and preservation, including fund balances.
186		-	(2) Expenditures for purposes other than construction,
187		-	reconstruction, and preservation, including fund balances.
188		-	(3) The requirement to use at least fifty percent (50%) of the
189		-	money for the construction, reconstruction, and preservation
190		-	of the local highways.
191		-	(4) Whether the requirement to use at least fifty percent
192		-	(50%) of the money for construction, reconstruction, and
193		-	preservation of the local highways should be changed.
194		-	(b) The local technical assistance program at Purdue University,
195		-	in conjunction with the Indiana department of transportation, shall
196		-	aggregate the results of the analysis conducted under this section
197		-	and present a report to the budget committee during the 2023
198		-	interim.
199		-	(c) This section expires January 1, 2024.
200		-	SB 74—LS 6290/DI 139 6
201		-	SECTION 4. An emergency is declared for this act.".
202		-	Renumber all SECTIONS consecutively.
203		-	(Reference is to SB 74 as printed January 20, 2023.)
204		-	ALEXANDER
205	129		SB 74—LS 6290/DI 139