*SB0052.1*
January 23, 2024
SENATE BILL No. 52
_____
DIGEST OF SB 52 (Updated January 18, 2024 1:04 pm - DI 129)
Citations Affected: IC 36-1; IC 36-9.
Synopsis: Prohibition on use of dedicated lanes. Prohibits, until July
1, 2025, a unit of local government from adopting or enforcing an
ordinance, resolution, rule, policy, or other requirement concerning a
public transportation project, including the blue line, that seeks to: (1)
convert; (2) restrict; or (3) otherwise establish; a vehicular traffic lane
for use as a dedicated lane. Specifies exclusions from the scope of the
bill's temporary prohibition.
Effective: Upon passage.
Freeman, Messmer, Donato, Koch,
Tomes, Young M, Glick, Leising
January 8, 2024, read first time and referred to Committee on Appropriations.
January 22, 2024, amended, reported favorably — Do Pass.
SB 52—LS 6297/DI 137 January 23, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
SENATE BILL No. 52
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
4 not have the following:
5 (1) The power to condition or limit its civil liability, except as
6 expressly granted by statute.
7 (2) The power to prescribe the law governing civil actions
8 between private persons.
9 (3) The power to impose duties on another political subdivision,
10 except as expressly granted by statute.
11 (4) The power to impose a tax, except as expressly granted by
12 statute.
13 (5) The power to impose a license fee greater than that reasonably
14 related to the administrative cost of exercising a regulatory power.
15 (6) The power to impose a service charge or user fee greater than
16 that reasonably related to reasonable and just rates and charges
17 for services.
SB 52—LS 6297/DI 137 2
1 (7) The power to regulate conduct that is regulated by a state
2 agency, except as expressly granted by statute.
3 (8) The power to prescribe a penalty for conduct constituting a
4 crime or infraction under statute.
5 (9) The power to prescribe a penalty of imprisonment for an
6 ordinance violation.
7 (10) The power to prescribe a penalty of a fine as follows:
8 (A) More than ten thousand dollars ($10,000) for the violation
9 of an ordinance or a regulation concerning air emissions
10 adopted by a county that has received approval to establish an
11 air permit program under IC 13-17-12-6.
12 (B) For a violation of any other ordinance:
13 (i) more than two thousand five hundred dollars ($2,500) for
14 a first violation of the ordinance; and
15 (ii) except as provided in subsection (c), more than seven
16 thousand five hundred dollars ($7,500) for a second or
17 subsequent violation of the ordinance.
18 (11) The power to invest money, except as expressly granted by
19 statute.
20 (12) The power to adopt an ordinance, a resolution, or an order
21 concerning an election described by IC 3-5-1-2, or otherwise
22 conduct an election, except as expressly granted by statute. An
23 ordinance, a resolution, or an order concerning an election
24 described by IC 3-5-1-2 that was adopted before January 1, 2023,
25 is void unless a statute expressly granted the unit the power to
26 adopt the ordinance, resolution, or order.
27 (13) The power to adopt or enforce an ordinance described in
28 section 8.5 of this chapter.
29 (14) The power to take any action prohibited by section 8.6 of this
30 chapter.
31 (15) The power to dissolve a political subdivision, except:
32 (A) as expressly granted by statute; or
33 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
34 accordance with the procedure set forth in IC 36-1-8-17.7.
35 (16) After June 30, 2019, the power to enact an ordinance
36 requiring a solid waste hauler or a person who operates a vehicle
37 in which recyclable material is transported for recycling to collect
38 fees authorized by IC 13-21 and remit the fees to:
39 (A) a unit; or
40 (B) the board of a solid waste management district established
41 under IC 13-21.
42 (17) The power to take any action prohibited by IC 36-9-44-6.
SB 52—LS 6297/DI 137 3
1 (b) A township does not have the following, except as expressly
2 granted by statute:
3 (1) The power to require a license or impose a license fee.
4 (2) The power to impose a service charge or user fee.
5 (3) The power to prescribe a penalty.
6 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
7 ordinance that regulates traffic or parking.
8 SECTION 2. IC 36-9-44 IS ADDED TO THE INDIANA CODE AS
9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
10 PASSAGE]:
11 Chapter 44. Dedicated Lanes
12 Sec. 1. This chapter does not apply to:
13 (A) a dedicated lane for which construction is completed
14 before March 31, 2024; or
15 (B) the purple line (as defined in section 3 of this chapter).
16 Sec. 2. As used in this chapter, "blue line" means the
17 Indianapolis Public Transportation Corporation (IndyGo)
18 east-west bus rapid transit line primarily along Washington Street,
19 between the Indianapolis International Airport, downtown
20 Indianapolis, and Cumberland, as described and mapped in the
21 IndyGo Blue Line Rapid Transit Indianapolis, Indiana, Small
22 Starts Project Development Rating Assignment by the United
23 States Department of Transportation Federal Transit
24 Administration in November 2019. If the route is renamed or a
25 new rating assignment is submitted and it continues to be a
26 substantially similar route as compared to the November 2019
27 rating report, the definition still applies.
28 Sec. 3. As used in this chapter, "purple line" means the
29 Indianapolis Public Transportation Corporation (IndyGo) bus
30 rapid transit line running primarily north-south, and along 38th
31 Street, between downtown Indianapolis and city of Lawrence, as
32 described and mapped in the IndyGo Purple Line Rapid Transit
33 Indianapolis, Indiana, Small Starts Project Development Rating
34 Assignment by the United States Department of Transportation
35 Federal Transit Administration in November 2019. If the route is
36 renamed or a new rating assignment is submitted and it continues
37 to be a substantially similar route as compared to the November
38 2019 rating report, the definition still applies.
39 Sec. 4. As used in this chapter, "dedicated lane" means a portion
40 of a street designated by signs, markings, or other means for the
41 exclusive use of public transportation vehicles.
42 Sec. 5. As used in this chapter, "public transportation project"
SB 52—LS 6297/DI 137 4
1 refers to an action taken to plan, design, acquire, construct,
2 enlarge, improve, renovate, maintain, equip, or operate a public
3 transportation system.
4 Sec. 6. Until July 1, 2025, a unit may not adopt or enforce an
5 ordinance, resolution, rule, policy, or other requirement
6 concerning a public transportation project, including the blue line,
7 that seeks to:
8 (1) convert;
9 (2) restrict; or
10 (3) otherwise establish;
11 a vehicular traffic lane for use as a dedicated lane.
12 SECTION 3. An emergency is declared for this act.
SB 52—LS 6297/DI 137 5
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 52, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
not have the following:
(1) The power to condition or limit its civil liability, except as
expressly granted by statute.
(2) The power to prescribe the law governing civil actions
between private persons.
(3) The power to impose duties on another political subdivision,
except as expressly granted by statute.
(4) The power to impose a tax, except as expressly granted by
statute.
(5) The power to impose a license fee greater than that reasonably
related to the administrative cost of exercising a regulatory power.
(6) The power to impose a service charge or user fee greater than
that reasonably related to reasonable and just rates and charges
for services.
(7) The power to regulate conduct that is regulated by a state
agency, except as expressly granted by statute.
(8) The power to prescribe a penalty for conduct constituting a
crime or infraction under statute.
(9) The power to prescribe a penalty of imprisonment for an
ordinance violation.
(10) The power to prescribe a penalty of a fine as follows:
(A) More than ten thousand dollars ($10,000) for the violation
of an ordinance or a regulation concerning air emissions
adopted by a county that has received approval to establish an
air permit program under IC 13-17-12-6.
(B) For a violation of any other ordinance:
(i) more than two thousand five hundred dollars ($2,500) for
a first violation of the ordinance; and
(ii) except as provided in subsection (c), more than seven
thousand five hundred dollars ($7,500) for a second or
subsequent violation of the ordinance.
SB 52—LS 6297/DI 137 6
(11) The power to invest money, except as expressly granted by
statute.
(12) The power to adopt an ordinance, a resolution, or an order
concerning an election described by IC 3-5-1-2, or otherwise
conduct an election, except as expressly granted by statute. An
ordinance, a resolution, or an order concerning an election
described by IC 3-5-1-2 that was adopted before January 1, 2023,
is void unless a statute expressly granted the unit the power to
adopt the ordinance, resolution, or order.
(13) The power to adopt or enforce an ordinance described in
section 8.5 of this chapter.
(14) The power to take any action prohibited by section 8.6 of this
chapter.
(15) The power to dissolve a political subdivision, except:
(A) as expressly granted by statute; or
(B) if IC 36-1-8-17.7 applies to the political subdivision, in
accordance with the procedure set forth in IC 36-1-8-17.7.
(16) After June 30, 2019, the power to enact an ordinance
requiring a solid waste hauler or a person who operates a vehicle
in which recyclable material is transported for recycling to collect
fees authorized by IC 13-21 and remit the fees to:
(A) a unit; or
(B) the board of a solid waste management district established
under IC 13-21.
(17) The power to take any action prohibited by IC 36-9-44-6.
(b) A township does not have the following, except as expressly
granted by statute:
(1) The power to require a license or impose a license fee.
(2) The power to impose a service charge or user fee.
(3) The power to prescribe a penalty.
(c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
ordinance that regulates traffic or parking.".
Page 1, delete lines 5 through 6, begin a new paragraph and insert:
"Sec. 1. This chapter does not apply to:
(A) a dedicated lane for which construction is completed
before March 31, 2024; or
(B) the purple line (as defined in section 3 of this chapter).".
Page 2, between lines 1 and 2, begin a new paragraph and insert:
"Sec. 3. As used in this chapter, "purple line" means the
Indianapolis Public Transportation Corporation (IndyGo) bus
rapid transit line running primarily north-south, and along 38th
Street, between downtown Indianapolis and city of Lawrence, as
SB 52—LS 6297/DI 137 7
described and mapped in the IndyGo Purple Line Rapid Transit
Indianapolis, Indiana, Small Starts Project Development Rating
Assignment by the United States Department of Transportation
Federal Transit Administration in November 2019. If the route is
renamed or a new rating assignment is submitted and it continues
to be a substantially similar route as compared to the November
2019 rating report, the definition still applies.".
Page 2, line 2, delete "Sec. 3." and insert "Sec. 4.".
Page 2, line 5, delete "Sec. 4." and insert "Sec. 5.".
Page 2, delete lines 9 through 10, begin a new paragraph and insert:
"Sec. 6. Until July 1, 2025, a unit may not adopt or enforce an
ordinance, resolution, rule, policy, or other requirement
concerning a public transportation project, including the blue line,
that seeks to:
(1) convert;
(2) restrict; or
(3) otherwise establish;
a vehicular traffic lane for use as a dedicated lane.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 52 as introduced.)
MISHLER, Chairperson
Committee Vote: Yeas 7, Nays 5.
SB 52—LS 6297/DI 137