Indiana 2024 Regular Session

Indiana House Bill HB1013 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1013
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-14; IC 8-23; IC 9-13-2-173.3; IC 36-3-7-7;
7	7	IC 36-9-42.2-4.5.
8	8	Synopsis: Conservancy district road funding. Provides that if a
9	9	conservancy district assumes responsibility in its district plan for the
10	10	road construction and maintenance of the public highways, bridges,
11	11	and streets in the conservancy district (eligible conservancy district),
12	12	distributions from the motor vehicle highway account to a county, city,
13	13	or town that shares territory with the eligible conservancy district are
14	14	proportionately reduced and the amount of the reduction is instead
15	15	distributed to the eligible conservancy district. Provides that if a
16	16	county, city, or town shares territory with an eligible conservancy
17	17	district, distributions from the local road and street account are
18	18	proportionately reduced and the amount of the reduction is instead
19	19	distributed to the eligible conservancy district. Provides that an eligible
20	20	conservancy district may apply for a loan from the distressed road fund.
21	21	Provides that an eligible conservancy district may apply for a matching
22	22	grant from the local road and bridge matching grant fund. Eliminates
23	23	the primary highway system special account.
24	24	Effective: July 1, 2024.
25	25	Cherry
26	26	January 8, 2024, read first time and referred to Committee on Roads and Transportation.
27	27	2024 IN 1013—LS 6174/DI 116 Introduced
28	28	Second Regular Session of the 123rd General Assembly (2024)
29	29	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	30	Constitution) is being amended, the text of the existing provision will appear in this style type,
31	31	additions will appear in this style type, and deletions will appear in this style type.
32	32	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	33	provision adopted), the text of the new provision will appear in this style type. Also, the
34	34	word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	35	a new provision to the Indiana Code or the Indiana Constitution.
36	36	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	37	between statutes enacted by the 2023 Regular Session of the General Assembly.
38	38	HOUSE BILL No. 1013
39	39	A BILL FOR AN ACT to amend the Indiana Code concerning
40	40	transportation.
41	41	Be it enacted by the General Assembly of the State of Indiana:
42	42	1 SECTION 1. IC 8-14-1-3, AS AMENDED BY THE TECHNICAL
43	43	2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
44	44	3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
45	45	4 Sec. 3. (a) The money collected for the motor vehicle highway account
46	46	5 fund and remaining after refunds and the payment of all expenses
47	47	6 incurred in the collection of the money and after transferring three
48	48	7 hundred twenty-five thousand dollars ($325,000) each month to the
49	49	8 motor carrier regulation fund (IC 8-2.1-23), shall be allocated to and
50	50	9 distributed among the department and subdivisions designated as
51	51	10 follows:
52	52	11 (1) Of the net amount in the motor vehicle highway account the
53	53	12 auditor of state comptroller shall set aside for the cities and
54	54	13 towns of the state twelve and thirteen hundredths percent
55	55	14 (12.13%). This sum shall be allocated to the cities and towns
56	56	15 upon the basis that the population of each city and town bears to
57	57	16 the total population of all the cities and towns and shall be used
58	58	17 for the construction or reconstruction and maintenance of streets
59	59	2024 IN 1013—LS 6174/DI 116 2
60	60	1 and alleys and shall be annually budgeted as now provided by
61	61	2 law. However, no part of such sum shall be used for any other
62	62	3 purpose than for the purposes defined in this chapter. If any funds
63	63	4 allocated to any city or town shall be used by any officer or
64	64	5 officers of such city or town for any purpose or purposes other
65	65	6 than for the purposes as defined in this chapter, such officer or
66	66	7 officers shall be liable upon their official bonds to such city or
67	67	8 town in such amount so used for other purposes than for the
68	68	9 purposes as defined in this chapter, together with the costs of said
69	69	10 action and reasonable attorney fees, recoverable in an action or
70	70	11 suit instituted in the name of the state of Indiana on the relation
71	71	12 of any taxpayer or taxpayers resident of such city or town. A
72	72	13 monthly distribution thereof of funds accumulated during the
73	73	14 preceding month shall be made by the auditor of state
74	74	15 comptroller.
75	75	16 (2) Of the net amount in the motor vehicle highway account, the
76	76	17 auditor of state comptroller shall set aside for the counties of the
77	77	18 state twenty-five and eighty-seven hundredths percent (25.87%).
78	78	19 However, as to the allocation to cities and towns under
79	79	20 subdivision (1) and as to the allocation to counties under this
80	80	21 subdivision, in the event that the amount in the motor vehicle
81	81	22 highway account fund remaining after refunds and after the
82	82	23 payment of all expenses incurred in the collection thereof is less
83	83	24 than twenty-two million six hundred fifty thousand dollars
84	84	25 ($22,650,000) in any fiscal year, then the amount so set aside in
85	85	26 the next calendar year for distributions to counties shall be
86	86	27 reduced fifty-four percent (54%) of such deficit and the amount
87	87	28 so set aside for distribution in the next calendar year to cities and
88	88	29 towns shall be reduced thirteen percent (13%) of such deficit.
89	89	30 Such reduced distributions shall begin with the distribution
90	90	31 January 1 of each year.
91	91	32 (3) The amount set aside for the counties of the state under the
92	92	33 provisions of subdivision (2) shall be allocated monthly upon the
93	93	34 following basis:
94	94	35 (A) Five percent (5%) of the amount allocated to the counties
95	95	36 to be divided equally among the ninety-two (92) counties.
96	96	37 (B) Sixty-five percent (65%) of the amount allocated to the
97	97	38 counties to be divided on the basis of the ratio of the actual
98	98	39 miles, now traveled and in use, of county roads in each county
99	99	40 to the total mileage of county roads in the state, which shall be
100	100	41 annually determined, accurately, by the department and
101	101	42 submitted to the auditor of state comptroller before April 1 of
102	102	2024 IN 1013—LS 6174/DI 116 3
103	103	1 each year.
104	104	2 (C) Thirty percent (30%) of the amount allocated to the
105	105	3 counties to be divided on the basis of the ratio of the motor
106	106	4 vehicle registrations of each county to the total motor vehicle
107	107	5 registration of the state. The bureau of motor vehicles shall
108	108	6 annually determine the amount under this clause and submit
109	109	7 its determination to the auditor of state comptroller before
110	110	8 April 1 each year.
111	111	9 All money so distributed to the several counties of the state shall
112	112	10 constitute a special road fund for each of the respective counties
113	113	11 and shall be under the exclusive supervision and direction of the
114	114	12 board of county commissioners in the construction,
115	115	13 reconstruction, maintenance, or repair of the county highways or
116	116	14 bridges on such county highways within such county.
117	117	15 (4) Each month the remainder of the net amount in the motor
118	118	16 vehicle highway account shall be credited to the state highway
119	119	17 fund for the use of the department.
120	120	18 (5) Money in the fund may not be used for any toll road or toll
121	121	19 bridge project.
122	122	20 (6) Notwithstanding any other provisions of this section, money
123	123	21 in the motor vehicle highway account fund may be appropriated
124	124	22 to the Indiana department of transportation from the amounts
125	125	23 distributed to the political subdivisions of the state to pay the
126	126	24 costs incurred by the department in providing services to those
127	127	25 subdivisions.
128	128	26 (7) Notwithstanding any other provisions of this section or of
129	129	27 IC 8-14-8, for the purpose of maintaining a sufficient working
130	130	28 balance in accounts established primarily to facilitate the
131	131	29 matching of federal and local money for highway projects, money
132	132	30 may be appropriated to the Indiana department of transportation
133	133	31 as follows:
134	134	32 (A) One-half (1/2) from the amounts set aside under
135	135	33 subdivisions (1) and (2) for counties and for those cities and
136	136	34 towns with a population greater than five thousand (5,000).
137	137	35 (B) One-half (1/2) from the distressed road fund under
138	138	36 IC 8-14-8.
139	139	37 (b) If a conservancy district established under IC 14-33 includes
140	140	38 any part of the territory of a city or town and the conservancy
141	141	39 district has assumed responsibility in the district plan for the
142	142	40 construction, reconstruction, and maintenance of the streets and
143	143	41 alleys within the conservancy district, the amount allocated to the
144	144	42 city or town under subsection (a)(1) shall be reduced by an amount
145	145	2024 IN 1013—LS 6174/DI 116 4
146	146	1 that bears the same ratio to the amount allocated to the city or
147	147	2 town under subsection (a)(1) as the population in the territory
148	148	3 shared by the conservancy district and the city or town bears to the
149	149	4 population of the city or town. The department shall determine the
150	150	5 population shared by the conservancy district and the city or town.
151	151	6 The amount of the reduction determined under this subsection
152	152	7 shall be allocated instead to the conservancy district. The amount
153	153	8 allocated to a conservancy district under this subsection shall be
154	154	9 used for the construction or reconstruction and maintenance of
155	155	10 streets and alleys in the territory shared between the conservancy
156	156	11 district and the city or town and shall be annually budgeted as now
157	157	12 provided by law. However, no part of the amount allocated to the
158	158	13 conservancy district shall be used for any other purpose than for
159	159	14 the purposes defined in this chapter. If any funds allocated to any
160	160	15 conservancy district shall be used by any officer or officers of the
161	161	16 conservancy district for any purpose or purposes other than for the
162	162	17 purposes as defined in this chapter, the officer or officers shall be
163	163	18 liable upon their official bonds to the conservancy district for the
164	164	19 amount so used for other purposes than for the purposes as defined
165	165	20 in this chapter, together with the costs of the action and reasonable
166	166	21 attorney's fees, recoverable in an action or suit instituted in the
167	167	22 name of the state of Indiana on the relation of any taxpayer or
168	168	23 taxpayers resident of the conservancy district. The state
169	169	24 comptroller shall make a monthly distribution of the amount that
170	170	25 is determined under this subsection and accumulated during the
171	171	26 preceding month to the conservancy district. The restrictions in
172	172	27 section 5 of this chapter apply to the use of money distributed to a
173	173	28 conservancy district under this subsection.
174	174	29 (c) If a conservancy district established under IC 14-33 includes
175	175	30 unincorporated territory of a county and the conservancy district
176	176	31 has assumed responsibility in the district plan for the construction,
177	177	32 reconstruction, maintenance, or repair of the county highways or
178	178	33 bridges on the county highways within the conservancy district, the
179	179	34 amount allocated to the county under subsection (a)(3) shall be
180	180	35 reduced by the sum of the following:
181	181	36 (1) The amount that bears the same ratio to the amount
182	182	37 allocated to the county under subsection (a)(3)(A) as the
183	183	38 unincorporated area of the conservancy district in the county
184	184	39 bears to the area of the county. The department shall annually
185	185	40 determine the unincorporated area of the conservancy district
186	186	41 in the county and submit its determination to the state
187	187	42 comptroller before April 1 each year.
188	188	2024 IN 1013—LS 6174/DI 116 5
189	189	1 (2) The amount that bears the same ratio to the amount
190	190	2 allocated to the county under subsection (a)(3)(B) as the
191	191	3 actual miles, now traveled and in use, of county roads in the
192	192	4 conservancy district bears to the actual miles, now traveled
193	193	5 and in use, of county roads in the county. The actual miles,
194	194	6 now traveled and in use, of the county roads in the
195	195	7 conservancy district, shall be annually determined,
196	196	8 accurately, and submitted to the state comptroller before
197	197	9 April 1 each year.
198	198	10 (3) The amount that bears the same ratio to the amount
199	199	11 allocated to the county under subsection (a)(3)(C) as the
200	200	12 motor vehicle registrations of the unincorporated area of the
201	201	13 conservancy district in the county bears to the motor vehicle
202	202	14 registrations of the county. The bureau of motor vehicles shall
203	203	15 annually determine the amount under this subdivision and
204	204	16 submit its determination to the state comptroller before April
205	205	17 1 each year.
206	206	18 The amount of the reduction determined under this subsection
207	207	19 shall be allocated instead to the conservancy district. All money
208	208	20 distributed to a conservancy district under this subsection shall
209	209	21 constitute a special road fund for the conservancy district and shall
210	210	22 be under the exclusive supervision and direction of the board of
211	211	23 directors of the conservancy district in the construction,
212	212	24 reconstruction, maintenance, or repair of the county highways or
213	213	25 bridges on the county highways within the conservancy district.
214	214	26 The restrictions in section 4 of this chapter apply to the use of
215	215	27 money distributed to a conservancy district under this subsection.
216	216	28 SECTION 2. IC 8-14-1-11, AS AMENDED BY THE TECHNICAL
217	217	29 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
218	218	30 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
219	219	31 Sec. 11. (a) The department may create a local agency revolving fund
220	220	32 from money appropriated under section 3(7) 3(a)(7) of this chapter for
221	221	33 the purpose of maintaining a sufficient working balance in accounts
222	222	34 established primarily to facilitate the matching of federal and local
223	223	35 money for highway projects.
224	224	36 (b) The revolving fund balance must be maintained through
225	225	37 reimbursement from a local unit for money used by that unit to match
226	226	38 federal funds.
227	227	39 (c) If the local unit fails to reimburse the revolving fund, the
228	228	40 department shall notify the local unit that the department has found the
229	229	41 outstanding accounts receivable to be uncollectible.
230	230	42 (d) The attorney general shall review the outstanding accounts
231	231	2024 IN 1013—LS 6174/DI 116 6
232	232	1 receivable and if the attorney general agrees with the department's
233	233	2 assessment of the account's status, the attorney general shall certify to
234	234	3 the auditor of state comptroller that the outstanding accounts
235	235	4 receivable is uncollectible and request a transfer of funds as provided
236	236	5 in subsection (e).
237	237	6 (e) Upon receipt of a certificate as specified in subsection (d), the
238	238	7 auditor of state comptroller shall:
239	239	8 (1) immediately notify the delinquent local unit of the claim; and
240	240	9 (2) if proof of payment is not furnished to the auditor of state
241	241	10 comptroller within thirty (30) days after the notification, transfer
242	242	11 an amount equal to the outstanding accounts receivable to the
243	243	12 department from the delinquent local unit's allocations from the
244	244	13 motor vehicle highway account for deposit in the local agency
245	245	14 revolving fund.
246	246	15 (f) Transfers shall be made under subsection (e) until the unpaid
247	247	16 amount has been paid in full under the terms of the agreement.
248	248	17 However, the agreement may be amended if both the department and
249	249	18 the unit agree to amortize the transfer over a period not to exceed five
250	250	19 (5) years.
251	251	20 (g) Money in the fund at the end of a fiscal year does not revert to
252	252	21 the state general fund.
253	253	22 SECTION 3. IC 8-14-2-1 IS AMENDED TO READ AS FOLLOWS
254	254	23 [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in The following
255	255	24 definitions apply throughout this chapter:
256	256	25 (1) Primary highway system special account means the account of
257	257	26 the state known as the "primary highway system special account"
258	258	27 to which is credited monthly fifty-five percent (55%) of the
259	259	28 money deposited in the highway, road and street fund.
260	260	29 (2) Local road and street account means the account of the state
261	261	30 known as the "local road and street account" to which is credited
262	262	31 monthly forty-five percent (45%) of the money deposited in the
263	263	32 highway, road and street fund.
264	264	33 (3) The term "department" refers to the Indiana department of
265	265	34 transportation created under IC 8-23-2.
266	266	35 (4) The term "primary highways" shall mean that portion of the
267	267	36 federal-aid highway system designated by the department and
268	268	37 approved by the United States department of transportation as
269	269	38 being the state "primary highway system".
270	270	39 (5) The term "construction" shall mean both construction and
271	271	40 reconstruction to a degree that new, supplementary, or
272	272	41 substantially improved traffic service is provided, and significant
273	273	42 geometric or structural improvements are effected.
274	274	2024 IN 1013—LS 6174/DI 116 7
275	275	1 (6) (1) "Arterial road system" shall mean means the system of
276	276	2 roads including bridges in each county of Indiana, under the
277	277	3 jurisdiction of the board of county commissioners, or successor
278	278	4 body, including a department of transportation of a consolidated
279	279	5 city, designated as such by the board under IC 8-23-4-3, but not
280	280	6 including local county roads.
281	281	7 (2) "Arterial street system" means the system of streets,
282	282	8 including bridges in each city or town in Indiana, under the
283	283	9 jurisdiction of municipal street authorities or successor
284	284	10 bodies, including a department of transportation of a
285	285	11 consolidated city, designated as such by the board under
286	286	12 IC 8-23-4-4, but not including local streets.
287	287	13 (3) "Construction" means both construction and
288	288	14 reconstruction to a degree that new, supplementary, or
289	289	15 substantially improved traffic service is provided, and
290	290	16 significant geometric or structural improvements are effected.
291	291	17 (4) "Department" refers to the Indiana department of
292	292	18 transportation established under IC 8-23-2.
293	293	19 (5) "Eligible conservancy district" means a conservancy
294	294	20 district that is eligible to receive a distribution from the motor
295	295	21 vehicle highway account under IC 8-14-1-3.
296	296	22 (7) (6) "Local county roads" shall mean means all county roads
297	297	23 and bridges which are not designated as being in the arterial road
298	298	24 system.
299	299	25 (8) "Arterial street system" means the system of streets, including
300	300	26 bridges in each city or town in Indiana, under the jurisdiction of
301	301	27 municipal street authorities or successor bodies, including a
302	302	28 department of transportation of a consolidated city, designated as
303	303	29 such by the board under IC 8-23-4-4, but not including local
304	304	30 streets.
305	305	31 (7) Local road and street account means the account of the
306	306	32 state known as the "local road and street account" to which
307	307	33 is credited monthly thirty-seven percent (37%) of the money
308	308	34 deposited in the highway, road and street fund.
309	309	35 (9) (8) "Local streets" shall mean means all city and town streets
310	310	36 and bridges which are not designated as being in the arterial street
311	311	37 system in each city or town.
312	312	38 (9) "Primary highways" means that portion of the federal aid
313	313	39 highway system designated by the department and approved
314	314	40 by the United States Department of Transportation as being
315	315	41 the state "primary highway system".
316	316	42 (10) "Resurfacing" means the placement of additional pavement
317	317	2024 IN 1013—LS 6174/DI 116 8
318	318	1 layers (including protective systems for bridge decks) over the
319	319	2 existing (or restored or rehabilitated) roadway or bridge deck
320	320	3 surface to provide additional strength or to improve serviceability
321	321	4 for a substantial time period.
322	322	5 (11) (10) "Restoration and rehabilitation" means work required to
323	323	6 return the existing structure (roadway pavement or bridge deck)
324	324	7 to a suitable condition for an additional stage of construction
325	325	8 (bridge deck protective system or resurfacing) or to a suitable
326	326	9 condition to perform satisfactorily for a substantial time period.
327	327	10 (11) "Resurfacing" means the placement of additional
328	328	11 pavement layers (including protective systems for bridge
329	329	12 decks) over the existing (or restored or rehabilitated) roadway
330	330	13 or bridge deck surface to provide additional strength or to
331	331	14 improve serviceability for a substantial time period.
332	332	15 SECTION 4. IC 8-14-2-2 IS AMENDED TO READ AS FOLLOWS
333	333	16 [EFFECTIVE JULY 1, 2024]: Sec. 2. It is hereby declared to be the
334	334	17 intent of the general assembly that the monies deposited under this
335	335	18 chapter in the primary highway system special account state highway
336	336	19 fund and the local road and street account shall be used exclusively for
337	337	20 engineering, land acquisition, construction, resurfacing, restoration,
338	338	21 and rehabilitation of highway facilities.
339	339	22 SECTION 5. IC 8-14-2-4, AS AMENDED BY THE TECHNICAL
340	340	23 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
341	341	24 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
342	342	25 Sec. 4. (a) The auditor of state comptroller shall establish a special
343	343	26 account to be called the "local road and street account" and credit this
344	344	27 account monthly with thirty-seven percent (37%) of the money
345	345	28 deposited in the highway, road and street fund.
346	346	29 (b) The auditor state comptroller shall distribute to units of local
347	347	30 government money from this account each month. Before making any
348	348	31 other distributions under this chapter, the auditor shall distribute E85
349	349	32 incentive payments to all political subdivisions entitled to a payment
350	350	33 under section 8 of this chapter.
351	351	34 (c) After distributing E85 incentive payments required under section
352	352	35 8 of this chapter, The auditor of state comptroller shall allocate to each
353	353	36 county the remaining money in this account on the basis of the ratio of
354	354	37 each county's passenger car registrations to the total passenger car
355	355	38 registrations of the state. The auditor state comptroller shall further
356	356	39 determine the suballocation between the county and the cities within
357	357	40 the county as follows:
358	358	41 (1) In counties having a population of more than fifty thousand
359	359	42 (50,000), sixty percent (60%) of the money shall be distributed on
360	360	2024 IN 1013—LS 6174/DI 116 9
361	361	1 the basis of the population of the city or town as a percentage of
362	362	2 the total population of the county and forty percent (40%)
363	363	3 distributed on the basis of the ratio of city and town street mileage
364	364	4 to county road mileage.
365	365	5 (2) In counties having a population of fifty thousand (50,000) or
366	366	6 less, twenty percent (20%) of the money shall be distributed on
367	367	7 the basis of the population of the city or town as a percentage of
368	368	8 the total population of the county and eighty percent (80%)
369	369	9 distributed on the basis of the ratio of city and town street mileage
370	370	10 to county road mileage.
371	371	11 (3) For the purposes of allocating funds as provided in this
372	372	12 section, towns which become incorporated as a town between the
373	373	13 effective dates of decennial censuses shall be eligible for
374	374	14 allocations upon the effectiveness of a corrected population count
375	375	15 for the town under IC 1-1-3.5.
376	376	16 (4) Money allocated under the provisions of this section to
377	377	17 counties containing a consolidated city shall be credited or
378	378	18 allocated to the department of transportation of the consolidated
379	379	19 city.
380	380	20 (d) If an eligible conservancy district includes any
381	381	21 unincorporated area in a county to which subsection (c)(1) applies,
382	382	22 the county's allocation under subsection (c)(1) shall be reduced by
383	383	23 the sum of:
384	384	24 (1) an amount that bears the same ratio to sixty percent
385	385	25 (60%) of the county's allocation under subsection (c)(1) as the
386	386	26 population of the unincorporated area of the eligible
387	387	27 conservancy district in the county bears to the population of
388	388	28 the unincorporated area of the county; and
389	389	29 (2) an amount that bears the same ratio to forty percent
390	390	30 (40%) of the county's allocation under subsection (c)(1) as the
391	391	31 county road mileage in the unincorporated area of the eligible
392	392	32 conservancy district bears to the county road mileage of the
393	393	33 unincorporated area of the county.
394	394	34 The amount of the reduction of the county's allocation determined
395	395	35 under this subsection shall be allocated instead to the eligible
396	396	36 conservancy district.
397	397	37 (e) If an eligible conservancy district includes any
398	398	38 unincorporated area in a county to which subsection (c)(2) applies,
399	399	39 the county's allocation under subsection (c)(2) shall be reduced by
400	400	40 the sum of:
401	401	41 (1) an amount that bears the same ratio to twenty percent
402	402	42 (20%) of the county's allocation under subsection (c)(2) as the
403	403	2024 IN 1013—LS 6174/DI 116 10
404	404	1 population of the unincorporated area of the eligible
405	405	2 conservancy district in the county bears to the population of
406	406	3 the unincorporated area of the county; and
407	407	4 (2) an amount that bears the same ratio to eighty percent
408	408	5 (80%) of the county's allocation under subsection (c)(2) as the
409	409	6 county road mileage in the unincorporated area of the eligible
410	410	7 conservancy district bears to the county road mileage of the
411	411	8 unincorporated area of the county.
412	412	9 The amount of the reduction of the county's allocation determined
413	413	10 under this subsection shall be allocated instead to the eligible
414	414	11 conservancy district.
415	415	12 (f) If an eligible conservancy district includes any area of a city
416	416	13 or town to which subsection (c)(1) applies, the city's or town's
417	417	14 allocation under subsection (c)(1) shall be reduced by the sum of:
418	418	15 (1) an amount that bears the same ratio to sixty percent
419	419	16 (60%) of the city's or town's allocation under subsection (c)(1)
420	420	17 as the population of the area shared by the eligible
421	421	18 conservancy district and the city or town bears to the
422	422	19 population of the city or town; and
423	423	20 (2) an amount that bears the same ratio to forty percent
424	424	21 (40%) of the city's or town's allocation under subsection (c)(1)
425	425	22 as the street mileage in the area shared by the eligible
426	426	23 conservancy district and the city or town bears to the street
427	427	24 mileage of the city or town.
428	428	25 The amount of the reduction of the city's or town's allocation
429	429	26 determined under this subsection shall be allocated instead to the
430	430	27 eligible conservancy district.
431	431	28 (g) If an eligible conservancy district includes any area of a city
432	432	29 or town to which subsection (c)(2) applies, the city's or town's
433	433	30 allocation under subsection (c)(2) shall be reduced by the sum of:
434	434	31 (1) an amount that bears the same ratio to twenty percent
435	435	32 (20%) of the city's or town's allocation under subsection (c)(2)
436	436	33 as the population of the area shared by the eligible
437	437	34 conservancy district and the city or town bears to the
438	438	35 population of the city or town; and
439	439	36 (2) an amount that bears the same ratio to eighty percent
440	440	37 (80%) of the city's or town's allocation under subsection (c)(2)
441	441	38 as the street mileage in the area shared by the eligible
442	442	39 conservancy district and the city or town bears to the street
443	443	40 mileage of the city or town.
444	444	41 The amount of the reduction of the city's or town's allocation
445	445	42 determined under this subsection shall be allocated instead to the
446	446	2024 IN 1013—LS 6174/DI 116 11
447	447	1 eligible conservancy district.
448	448	2 (d) (h) Each month the auditor of state comptroller shall inform the
449	449	3 department of the amounts allocated to each unit of local government
450	450	4 from the local road and street account.
451	451	5 SECTION 6. IC 8-14-8-1 IS AMENDED TO READ AS FOLLOWS
452	452	6 [EFFECTIVE JULY 1, 2024]: Sec. 1. The intent of this chapter is to
453	453	7 create a method of providing financial assistance to counties, cities,
454	454	8 and towns, and eligible conservancy districts (referred to as "units"
455	455	9 in this chapter) which have serious road and street deficiencies. This
456	456	10 chapter has the purpose of enhancing public safety and ensuring the
457	457	11 free flow of commerce.
458	458	12 SECTION 7. IC 8-14-8-3, AS AMENDED BY P.L.104-2022,
459	459	13 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
460	460	14 JULY 1, 2024]: Sec. 3. For purposes of The following definitions
461	461	15 apply throughout this chapter:
462	462	16 (1) "Eligible conservancy district" means a conservancy
463	463	17 district that is eligible to receive a distribution from the motor
464	464	18 vehicle highway account under IC 8-14-1-3.
465	465	19 (2) "Qualified county" refers to any of the following counties:
466	466	20 (1) (A) A county having a population of more than sixty
467	467	21 thousand (60,000) and less than sixty-five thousand (65,000).
468	468	22 (2) (B) A county having a population of more than forty-three
469	469	23 thousand five hundred (43,500) and less than forty-five
470	470	24 thousand (45,000).
471	471	25 (3) (C) A county having a population of more than thirty-three
472	472	26 thousand (33,000) and less than thirty-three thousand one
473	473	27 hundred (33,100).
474	474	28 (4) (D) A county having a population of more than thirty-three
475	475	29 thousand three hundred (33,300) and less than thirty-four
476	476	30 thousand (34,000).
477	477	31 (5) (E) A county having a population of more than twenty-five
478	478	32 thousand (25,000) and less than twenty-six thousand (26,000).
479	479	33 (6) (F) A county having a population of more than nineteen
480	480	34 thousand (19,000) and less than nineteen thousand eight
481	481	35 hundred (19,800).
482	482	36 (7) (G) A county having a population of more than nineteen
483	483	37 thousand eight hundred (19,800) and less than nineteen
484	484	38 thousand eight hundred fifty (19,850).
485	485	39 (8) (H) A county having a population of more than twelve
486	486	40 thousand two hundred (12,200) and less than twelve thousand
487	487	41 five hundred (12,500).
488	488	42 (9) (I) A county having a population of more than nine
489	489	2024 IN 1013—LS 6174/DI 116 12
490	490	1 thousand eight hundred (9,800) and less than ten thousand
491	491	2 (10,000).
492	492	3 (10) (J) A county having a population of more than ten
493	493	4 thousand (10,000) and less than twelve thousand (12,000).
494	494	5 SECTION 8. IC 8-23-9-54, AS AMENDED BY P.L.47-2006,
495	495	6 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
496	496	7 JULY 1, 2024]: Sec. 54. (a) To provide funds for carrying out the
497	497	8 provisions of this chapter, there is created a state highway fund from
498	498	9 the following sources:
499	499	10 (1) All money in the general fund to the credit of the state
500	500	11 highway account.
501	501	12 (2) All money that is received from the Department of
502	502	13 Transportation or other federal agency and known as federal aid.
503	503	14 (3) All money paid into the state treasury to reimburse the state
504	504	15 for money paid out of the state highway fund.
505	505	16 (4) All money provided by Indiana law for the construction,
506	506	17 maintenance, reconstruction, repair, and control of public
507	507	18 highways, as provided under this chapter.
508	508	19 (5) All money that on May 22, 1933, was to be paid into the state
509	509	20 highway fund under contemplation of any statute in force as of
510	510	21 May 22, 1933.
511	511	22 (6) All money that may at any time be appropriated from the state
512	512	23 treasury.
513	513	24 (7) Any part of the state highway fund unexpended at the
514	514	25 expiration of any fiscal year, which shall remain in the fund and
515	515	26 be available for the succeeding years.
516	516	27 (8) Any money credited to the state highway fund from the motor
517	517	28 vehicle highway account under IC 8-14-1-3(4). IC 8-14-1-3(a)(4).
518	518	29 (9) Any money credited to the state highway fund from the
519	519	30 highway road and street fund under IC 8-14-2-3.
520	520	31 (10) Any money credited to the state highway fund under
521	521	32 IC 6-6-1.1-801.5, IC 6-6-4.1-5, or IC 8-16-1-17.1.
522	522	33 (11) Any money distributed to the state highway fund under
523	523	34 IC 8-14-14, IC 8-15.5, or IC 8-15.7.
524	524	35 (b) All expenses incurred in carrying out this chapter shall be paid
525	525	36 out of the state highway fund.
526	526	37 SECTION 9. IC 8-23-30-1, AS ADDED BY P.L.146-2016,
527	527	38 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
528	528	39 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
529	529	40 chapter:
530	530	41 (1) "Eligible conservancy district" means a conservancy
531	531	42 district that is eligible to receive a distribution from the motor
532	532	2024 IN 1013—LS 6174/DI 116 13
533	533	1 vehicle highway account under IC 8-14-1-3.
534	534	2 (1) (2) "Eligible project" means a project:
535	535	3 (A) that is undertaken by a local unit;
536	536	4 (B) that repairs or increases the capacity of local roads and
537	537	5 bridges; and
538	538	6 (C) that is part of the local unit's transportation asset
539	539	7 management plan.
540	540	8 (2) (3) "Fund" refers to the local road and bridge matching grant
541	541	9 fund established by section 2 of this chapter.
542	542	10 (3) (4) "Local unit" means a county, or a municipality, or an
543	543	11 eligible conservancy district.
544	544	12 (4) (5) "Transportation asset management plan" includes planning
545	545	13 for drainage systems and rights-of-way that affect transportation
546	546	14 assets.
547	547	15 SECTION 10. IC 8-23-30-6, AS AMENDED BY P.L.218-2017,
548	548	16 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
549	549	17 JULY 1, 2024]: Sec. 6. If the department approves a grant to a local
550	550	18 unit under this chapter, the required local matching amount by the local
551	551	19 unit is equal to the following applicable percentage of the total cost of
552	552	20 the eligible project:
553	553	21 (1) For a county applicant, the following:
554	554	22 (A) Fifty percent (50%), if the county has a population greater
555	555	23 than or equal to fifty thousand (50,000).
556	556	24 (B) Twenty-five percent (25%), if the county has a population
557	557	25 of less than fifty thousand (50,000).
558	558	26 (2) For a city or town applicant, the following:
559	559	27 (A) Fifty percent (50%), if the city or town has a population
560	560	28 greater than or equal to ten thousand (10,000).
561	561	29 (B) Twenty-five percent (25%), if the city or town has a
562	562	30 population of less than ten thousand (10,000).
563	563	31 (3) For an eligible conservancy district applicant, the
564	564	32 following:
565	565	33 (A) Fifty percent (50%), if the eligible conservancy district
566	566	34 has a population greater than or equal to ten thousand
567	567	35 (10,000).
568	568	36 (B) Twenty-five percent (25%), if the eligible conservancy
569	569	37 district has a population of less than ten thousand (10,000).
570	570	38 SECTION 11. IC 9-13-2-173.3, AS ADDED BY P.L.216-2014,
571	571	39 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
572	572	40 JULY 1, 2024]: Sec. 173.3. "State highway fund" refers to the state
573	573	41 highway fund established by IC 8-23-9-54. The term is synonymous
574	574	42 with the primary highway system special account described in
575	575	2024 IN 1013—LS 6174/DI 116 14
576	576	1 IC 8-14-2-1(1).
577	577	2 SECTION 12. IC 36-3-7-7, AS ADDED BY P.L.179-2023,
578	578	3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
579	579	4 JULY 1, 2024]: Sec. 7. (a) The definitions in IC 8-14-1 apply
580	580	5 throughout this section.
581	581	6 (b) Beginning in calendar year 2024, the following amounts must be
582	582	7 used by the consolidated city for the construction, reconstruction, and
583	583	8 preservation of the consolidated city's local streets (as defined in
584	584	9 IC 8-14-2-1(9)) IC 8-14-2-1(8)) and alleys:
585	585	10 (1) One hundred percent (100%) of the money distributed to the
586	586	11 consolidated city under section 2(2) of this chapter that is
587	587	12 attributable to the consolidated city's population in Wayne, Pike,
588	588	13 and Decatur townships not included in the population of the fire
589	589	14 special service district.
590	590	15 (2) In addition to the money distributed under subdivision (1), an
591	591	16 appropriation by the consolidated city in an amount that is the
592	592	17 greater of the following:
593	593	18 (A) Eight million dollars ($8,000,000).
594	594	19 (B) The amount distributed to the consolidated city under
595	595	20 subdivision (1) for the prior calendar year.
596	596	21 (c) The appropriation required under subsection (b)(2)(B) may not
597	597	22 include revenue allocated to public safety purposes under IC 6-3.6-6.
598	598	23 SECTION 13. IC 36-9-42.2-4.5, AS ADDED BY P.L.218-2017,
599	599	24 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
600	600	25 JULY 1, 2024]: Sec. 4.5. As used in this chapter, "transportation asset
601	601	26 management plan" has the meaning set forth in IC 8-23-30-1(4).
602	602	27 IC 8-23-30-1.
603	603	2024 IN 1013—LS 6174/DI 116