Indiana 2023 Regular Session

Indiana Senate Bill SB0448 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 448
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-14-1.
7	7	Synopsis: Highway finances. Reduces the required percentage amount
8	8	of the motor vehicle highway account distributions that counties, cities,
9	9	and towns must use for the construction, reconstruction, and
10	10	preservation of highways from 50% in current law to 40% in calendar
11	11	years beginning January 1, 2024, and ending December 31, 2025.
12	12	Provides that, for a period in which the reduction applies, the term
13	13	"preservation" includes both snow removal and expenditures for
14	14	deicing road salt or similar deicing agents. Requires counties, cities,
15	15	and towns that apply the reduced required percentage amounts
16	16	authorized under the bill to submit to the local technical assistance
17	17	program (LTAP) at Purdue University in conjunction with the Indiana
18	18	department of transportation a detailed itemization of the uses of the
19	19	funds in the calendar year that were for: (1) purposes other than
20	20	construction, reconstruction, and preservation; and (2) preservation that
21	21	included only snow removal and expenditures for deicing road salt or
22	22	similar deicing agents. Requires the LTAP to present a statewide
23	23	aggregate report of the results received from counties, cities, and towns
24	24	to the budget committee for each year.
25	25	Effective: July 1, 2023.
26	26	Doriot
27	27	January 19, 2023, read first time and referred to Committee on Homeland Security and
28	28	Transportation.
29	29	2023 IN 448—LS 6258/DI 120 Introduced
30	30	First Regular Session of the 123rd General Assembly (2023)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2022 Regular Session of the General Assembly.
40	40	SENATE BILL No. 448
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning
42	42	transportation.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 8-14-1-4, AS AMENDED BY P.L.185-2018,
45	45	2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	3 JULY 1, 2023]: Sec. 4. (a) The funds allocated to the respective
47	47	4 counties of the state from the motor vehicle highway account shall
48	48	5 annually be budgeted as provided by law, and, when distributed shall
49	49	6 be used for construction, reconstruction, preservation, and maintenance
50	50	7 of the highways of the respective counties, including highways which
51	51	8 traverse the streets of incorporated towns, the cost of the repair and
52	52	9 maintenance of which prior to the tenth day of September, 1932, was
53	53	10 paid from the county gravel road repair fund excepting where the
54	54	11 department is charged by law with the maintenance or construction of
55	55	12 any such highway so traversing such streets. Subject to subsection (b),
56	56	13 any surplus existing in the funds at the end of the year shall thereafter
57	57	14 continue as a part of the highway funds of the said counties and shall
58	58	15 be rebudgeted and used as already provided in this chapter. The
59	59	16 purchase, rental and repair of highway equipment, painting of bridges
60	60	17 and acquisition of grounds for erection and construction of storage
61	61	2023 IN 448—LS 6258/DI 120 2
62	62	1 buildings, acquisition of rights of way and the purchase of fuel oil, and
63	63	2 supplies necessary to the performance of construction, reconstruction,
64	64	3 preservation, and maintenance of highways, shall be paid out of the
65	65	4 highway account of the various counties.
66	66	5 (b) Except as provided in subsection (c), for funds distributed to
67	67	6 a county from the motor vehicle highway account, the county shall use
68	68	7 at least fifty percent (50%) of the money for the construction,
69	69	8 reconstruction, and preservation of the county's highways.
70	70	9 (c) This subsection applies for calendar years beginning January
71	71	10 1, 2024, and ending December 31, 2025. For funds distributed to a
72	72	11 county from the motor vehicle highway account in a calendar year
73	73	12 in which this subsection applies, the county shall use at least forty
74	74	13 percent (40%) of the money for the construction, reconstruction,
75	75	14 and preservation of the county's highways. For a period in which
76	76	15 this subsection applies, the term "preservation" includes snow
77	77	16 removal and expenditures for deicing road salt or similar deicing
78	78	17 agents.
79	79	18 (d) Each county that applies the reduced percentage provisions
80	80	19 allowable under subsection (c) in calendar years beginning
81	81	20 January 1, 2024, and ending December 31, 2025, with regard to the
82	82	21 use of funds distributed to the county from the motor vehicle
83	83	22 highway account shall submit to the local technical assistance
84	84	23 program at Purdue University in conjunction with the Indiana
85	85	24 department of transportation a detailed itemization of the uses of
86	86	25 the funds in the calendar year that were for:
87	87	26 (1) purposes other than construction, reconstruction, and
88	88	27 preservation; and
89	89	28 (2) preservation that included only snow removal and
90	90	29 expenditures for deicing road salt or similar deicing agents.
91	91	30 The local technical assistance program at Purdue University in
92	92	31 conjunction with the Indiana department of transportation shall
93	93	32 prescribe the form on which the detailed itemization must be
94	94	33 submitted. The local technical assistance program at Purdue
95	95	34 University in conjunction with the Indiana department of
96	96	35 transportation shall aggregate the results received from counties
97	97	36 under this subsection and present a statewide aggregate report to
98	98	37 the budget committee for each year.
99	99	38 SECTION 2. IC 8-14-1-5, AS AMENDED BY P.L.185-2018,
100	100	39 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	40 JULY 1, 2023]: Sec. 5. (a) Subject to subsection (c), all funds allocated
102	102	41 to cities and towns from the motor vehicle highway account shall be
103	103	42 used by the cities and towns for the construction, reconstruction,
104	104	2023 IN 448—LS 6258/DI 120 3
105	105	1 preservation, repair, maintenance, oiling, sprinkling, snow removal,
106	106	2 weed and tree cutting and cleaning of their highways as herein defined,
107	107	3 and including also any curbs, and the city's or town's share of the cost
108	108	4 of the separation of the grades of crossing of public highways and
109	109	5 railroads, the purchase or lease of highway construction, preservation,
110	110	6 and maintenance equipment, the purchase, erection, operation and
111	111	7 maintenance of traffic signs and signals, and safety zones and devices,
112	112	8 and the painting of surfaces in highways for purposes of safety and
113	113	9 traffic regulation. All of such funds shall be budgeted as provided by
114	114	10 law.
115	115	11 (b) In addition to purposes for which funds may be expended under
116	116	12 subsection (a), monies allocated to cities and towns under this chapter
117	117	13 may be expended for the payment of principal and interest on bonds
118	118	14 sold primarily to finance road, street, or thoroughfare projects.
119	119	15 (c) Except as provided in subsection (d), for funds distributed to
120	120	16 a city or town from the motor vehicle highway account, the city or town
121	121	17 shall use at least fifty percent (50%) of the money for the construction,
122	122	18 reconstruction, and preservation of the city's or town's highways.
123	123	19 (d) This subsection applies for calendar years beginning
124	124	20 January 1, 2024, and ending December 31, 2025. For funds
125	125	21 distributed to a city or town from the motor vehicle highway
126	126	22 account in a calendar year in which this subsection applies, the city
127	127	23 or town shall use at least forty percent (40%) of the money for the
128	128	24 construction, reconstruction, and preservation of the city's or
129	129	25 town's highways. For a period in which this subsection applies, the
130	130	26 term "preservation" includes snow removal and expenditures for
131	131	27 deicing road salt or similar deicing agents.
132	132	28 (e) Each city or town that applies the reduced percentage
133	133	29 provisions allowable under subsection (d) in calendar years
134	134	30 beginning January 1, 2024, and ending December 31, 2025, with
135	135	31 regard to the use of funds distributed to the city or town from the
136	136	32 motor vehicle highway account shall submit to the local technical
137	137	33 assistance program at Purdue University in conjunction with the
138	138	34 Indiana department of transportation a detailed itemization of the
139	139	35 uses of the funds in the calendar year that were for:
140	140	36 (1) purposes other than construction, reconstruction, and
141	141	37 preservation; and
142	142	38 (2) preservation that included only snow removal and
143	143	39 expenditures for deicing road salt or similar deicing agents.
144	144	40 The local technical assistance program at Purdue University in
145	145	41 conjunction with the Indiana department of transportation shall
146	146	42 prescribe the form on which the detailed itemization must be
147	147	2023 IN 448—LS 6258/DI 120 4
148	148	1 submitted. The local technical assistance program at Purdue
149	149	2 University in conjunction with the Indiana department of
150	150	3 transportation shall aggregate the results received from cities and
151	151	4 towns under this subsection and present a statewide aggregate
152	152	5 report to the budget committee for each year.
153	153	2023 IN 448—LS 6258/DI 120