*SB0052.2*
Reprinted
January 26, 2024
SENATE BILL No. 52
_____
DIGEST OF SB 52 (Updated January 25, 2024 3:46 pm - DI 129)
Citations Affected: IC 9-21; IC 36-1; IC 36-9; noncode.
Synopsis: Prohibition of certain traffic ordinances. Prohibits, until July
1, 2025, a consolidated city from installing any additional sign
prohibiting a turn at a steady red signal. Specifies that the temporary
prohibition does not affect such a sign installed before March 31, 2024.
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 temporary prohibition on public transportation projects.
Extends the funding Indiana's roads for a stronger, safer tomorrow task
force (task force) for one additional year and adds new topics for the
task force to review. Specifies that the task force shall provide a report
of its findings and recommendations to the legislative council before
December 1, 2024.
Effective: Upon passage.
Freeman, Messmer, Donato, Koch,
Tomes, Young M, Glick, Leising,
Doriot, Gaskill, Buchanan, Johnson T,
Goode, Maxwell, Dernulc, Bohacek,
Niemeyer, Raatz, Zay, Busch, Byrne
January 8, 2024, read first time and referred to Committee on Appropriations.
January 22, 2024, amended, reported favorably — Do Pass.
January 25, 2024, read second time, amended, ordered engrossed.
SB 52—LS 6297/DI 137 Reprinted
January 26, 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 9-21-3-7, AS AMENDED BY P.L.211-2023,
2 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 7. (a) Whenever traffic is controlled by traffic
4 control signals exhibiting different colored lights or colored lighted
5 arrows successively, one (1) at a time or in combination, only the
6 colors green, red, or yellow may be used, except for special pedestrian
7 signals under IC 9-21-18.
8 (b) The lights indicate and apply to drivers of vehicles and
9 pedestrians as follows:
10 (1) Green indication means the following:
11 (A) Vehicular traffic facing a circular green signal may
12 proceed straight through or turn right or left, unless a sign at
13 the place prohibits either turn.
14 (B) Vehicular traffic, including vehicles turning right or left,
15 shall yield the right-of-way to other vehicles and to pedestrians
16 lawfully within the intersection or an adjacent sidewalk at the
17 time the signal is exhibited.
SB 52—LS 6297/DI 137 2
1 (C) Vehicular traffic facing a green arrow signal, shown alone
2 or in combination with another indication, may cautiously
3 enter the intersection only to make the movement indicated by
4 the green arrow or other movement permitted by other
5 indications shown at the same time.
6 (D) Vehicular traffic shall yield the right-of-way to pedestrians
7 lawfully within an adjacent crosswalk and to other traffic
8 lawfully using the intersection.
9 (E) Unless otherwise directed by a pedestrian control signal,
10 pedestrians facing a green signal, except when the sole green
11 signal is a turn arrow, may proceed across the roadway within
12 a marked or unmarked crosswalk.
13 (2) Steady yellow indication means the following:
14 (A) Vehicular traffic facing a steady circular yellow or yellow
15 arrow signal is warned that the related green movement is
16 being terminated and that a red indication will be exhibited
17 immediately thereafter.
18 (B) A pedestrian facing a steady circular yellow or yellow
19 arrow signal, unless otherwise directed by a pedestrian control
20 signal, is advised that there is insufficient time to cross the
21 roadway before a red indication is shown, and a pedestrian
22 may not start to cross the roadway at that time.
23 (3) Steady red indication means the following:
24 (A) Except as provided in clauses (B) and (D), vehicular
25 traffic facing a steady circular red or red arrow signal shall
26 stop at a clearly marked stop line. However, if there is no
27 clearly marked stop line, vehicular traffic shall stop before
28 entering the crosswalk on the near side of the intersection. If
29 there is no crosswalk, vehicular traffic shall stop before
30 entering the intersection and shall remain standing until an
31 indication to proceed is shown.
32 (B) Except when a sign is in place prohibiting a turn described
33 in this clause, vehicular traffic facing a steady red signal, after
34 coming to a complete stop, may cautiously enter the
35 intersection to do the following:
36 (i) Make a right turn.
37 (ii) Make a left turn if turning from the left lane or a
38 designated left-turn lane of a one-way street into another
39 one-way street with the flow of traffic.
40 Vehicular traffic making a turn described in this clause shall
41 yield the right-of-way to pedestrians lawfully within an
42 adjacent crosswalk and to other traffic using the intersection.
SB 52—LS 6297/DI 137 3
1 (C) Unless otherwise directed by a pedestrian control signal
2 pedestrians facing a steady circular red or red arrow signal
3 may not enter the roadway.
4 (D) This clause does not apply to the operation of an autocycle
5 or a bicycle directed by a bicycle traffic control signal under
6 section 8.5 of this chapter. If the operator of a motorcycle,
7 motor driven cycle, or bicycle approaches an intersection that
8 is controlled by a traffic control signal, the operator may
9 proceed through the intersection on a steady red signal only if
10 the operator:
11 (i) comes to a complete stop at the intersection for at least
12 one hundred twenty (120) seconds; and
13 (ii) exercises due caution as provided by law, otherwise
14 treats the traffic control signal as a stop sign, and determines
15 that it is safe to proceed.
16 (4) No indication or conflicting indications means the following:
17 (A) Except as provided in clause (C), vehicular traffic facing
18 an intersection having a signal that displays no indication or
19 conflicting indications, where no other control is present, shall
20 stop before entering the intersection.
21 (B) After stopping, vehicular traffic may proceed with caution
22 through the intersection and shall yield the right-of-way to
23 traffic within the intersection or approaching so closely as to
24 constitute an immediate hazard.
25 (C) Vehicular traffic entering an intersection or crosswalk
26 facing a pedestrian hybrid beacon may proceed without
27 stopping if no indication is displayed on the pedestrian hybrid
28 beacon.
29 (5) This subdivision applies to traffic control signals located at a
30 place other than an intersection. A stop required under this
31 subdivision must be made at the signal, except when the signal is
32 supplemented by a sign or pavement marking indicating where
33 the stop must be made.
34 (c) A consolidated city may not adopt an ordinance requiring the
35 installation of a sign prohibiting a turn described in subsection
36 (b)(3)(B).
37 (d) Until July 1, 2025, a consolidated city may not install any
38 additional sign under the authority of an ordinance adopted by the
39 consolidated city before July 1, 2023, regarding installation of a
40 sign described in subsection (c).
41 (e) Subsection (d) does not affect a sign installed before March
42 31, 2024, under the authority of an ordinance adopted by the
SB 52—LS 6297/DI 137 4
1 consolidated city before July 1, 2023, regarding installation of a
2 sign described in subsection (c).
3 SECTION 2. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
6 not have the following:
7 (1) The power to condition or limit its civil liability, except as
8 expressly granted by statute.
9 (2) The power to prescribe the law governing civil actions
10 between private persons.
11 (3) The power to impose duties on another political subdivision,
12 except as expressly granted by statute.
13 (4) The power to impose a tax, except as expressly granted by
14 statute.
15 (5) The power to impose a license fee greater than that reasonably
16 related to the administrative cost of exercising a regulatory power.
17 (6) The power to impose a service charge or user fee greater than
18 that reasonably related to reasonable and just rates and charges
19 for services.
20 (7) The power to regulate conduct that is regulated by a state
21 agency, except as expressly granted by statute.
22 (8) The power to prescribe a penalty for conduct constituting a
23 crime or infraction under statute.
24 (9) The power to prescribe a penalty of imprisonment for an
25 ordinance violation.
26 (10) The power to prescribe a penalty of a fine as follows:
27 (A) More than ten thousand dollars ($10,000) for the violation
28 of an ordinance or a regulation concerning air emissions
29 adopted by a county that has received approval to establish an
30 air permit program under IC 13-17-12-6.
31 (B) For a violation of any other ordinance:
32 (i) more than two thousand five hundred dollars ($2,500) for
33 a first violation of the ordinance; and
34 (ii) except as provided in subsection (c), more than seven
35 thousand five hundred dollars ($7,500) for a second or
36 subsequent violation of the ordinance.
37 (11) The power to invest money, except as expressly granted by
38 statute.
39 (12) The power to adopt an ordinance, a resolution, or an order
40 concerning an election described by IC 3-5-1-2, or otherwise
41 conduct an election, except as expressly granted by statute. An
42 ordinance, a resolution, or an order concerning an election
SB 52—LS 6297/DI 137 5
1 described by IC 3-5-1-2 that was adopted before January 1, 2023,
2 is void unless a statute expressly granted the unit the power to
3 adopt the ordinance, resolution, or order.
4 (13) The power to adopt or enforce an ordinance described in
5 section 8.5 of this chapter.
6 (14) The power to take any action prohibited by section 8.6 of this
7 chapter.
8 (15) The power to dissolve a political subdivision, except:
9 (A) as expressly granted by statute; or
10 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
11 accordance with the procedure set forth in IC 36-1-8-17.7.
12 (16) After June 30, 2019, the power to enact an ordinance
13 requiring a solid waste hauler or a person who operates a vehicle
14 in which recyclable material is transported for recycling to collect
15 fees authorized by IC 13-21 and remit the fees to:
16 (A) a unit; or
17 (B) the board of a solid waste management district established
18 under IC 13-21.
19 (17) The power to take any action prohibited by IC 36-9-44-6.
20 (b) A township does not have the following, except as expressly
21 granted by statute:
22 (1) The power to require a license or impose a license fee.
23 (2) The power to impose a service charge or user fee.
24 (3) The power to prescribe a penalty.
25 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
26 ordinance that regulates traffic or parking.
27 SECTION 3. IC 36-9-44 IS ADDED TO THE INDIANA CODE AS
28 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
29 PASSAGE]:
30 Chapter 44. Dedicated Lanes
31 Sec. 1. This chapter does not apply to:
32 (A) a dedicated lane for which construction is completed
33 before March 31, 2024; or
34 (B) the purple line (as defined in section 3 of this chapter).
35 Sec. 2. As used in this chapter, "blue line" means the
36 Indianapolis Public Transportation Corporation (IndyGo)
37 east-west bus rapid transit line primarily along Washington Street,
38 between the Indianapolis International Airport, downtown
39 Indianapolis, and Cumberland, as described and mapped in the
40 IndyGo Blue Line Rapid Transit Indianapolis, Indiana, Small
41 Starts Project Development Rating Assignment by the United
42 States Department of Transportation Federal Transit
SB 52—LS 6297/DI 137 6
1 Administration in November 2019. If the route is renamed or a
2 new rating assignment is submitted and it continues to be a
3 substantially similar route as compared to the November 2019
4 rating report, the definition still applies.
5 Sec. 3. As used in this chapter, "purple line" means the
6 Indianapolis Public Transportation Corporation (IndyGo) bus
7 rapid transit line running primarily north-south, and along 38th
8 Street, between downtown Indianapolis and city of Lawrence, as
9 described and mapped in the IndyGo Purple Line Rapid Transit
10 Indianapolis, Indiana, Small Starts Project Development Rating
11 Assignment by the United States Department of Transportation
12 Federal Transit Administration in November 2019. If the route is
13 renamed or a new rating assignment is submitted and it continues
14 to be a substantially similar route as compared to the November
15 2019 rating report, the definition still applies.
16 Sec. 4. As used in this chapter, "dedicated lane" means a portion
17 of a street designated by signs, markings, or other means for the
18 exclusive use of public transportation vehicles.
19 Sec. 5. As used in this chapter, "public transportation project"
20 refers to an action taken to plan, design, acquire, construct,
21 enlarge, improve, renovate, maintain, equip, or operate a public
22 transportation system.
23 Sec. 6. Until July 1, 2025, a unit may not adopt or enforce an
24 ordinance, resolution, rule, policy, or other requirement
25 concerning a public transportation project, including the blue line,
26 that seeks to:
27 (1) convert;
28 (2) restrict; or
29 (3) otherwise establish;
30 a vehicular traffic lane for use as a dedicated lane.
31 SECTION 4. P.L.201-2023, SECTION 302, IS AMENDED TO
32 READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
33 302. (a) As used in this SECTION, "task force" refers to the funding
34 Indiana's roads for a stronger, safer tomorrow task force established by
35 subsection (b).
36 (b) The funding Indiana's roads for a stronger, safer tomorrow task
37 force is established.
38 (c) The task force consists of the following members:
39 (1) The chairperson of the house of representatives ways and
40 means committee.
41 (2) The chairperson of the senate appropriations committee.
42 (3) The chairperson of the senate tax and fiscal policy committee.
SB 52—LS 6297/DI 137 7
1 (4) The chairperson of the house of representatives roads and
2 transportation committee.
3 (5) The chairperson of the senate homeland security and
4 transportation committee.
5 (6) The director of the office of management and budget.
6 (7) The public finance director of the Indiana finance authority.
7 (8) One (1) member who represents counties and is appointed by
8 the governor after considering the recommendation of the
9 Association of Indiana Counties.
10 (9) One (1) member who represents municipalities and is
11 appointed by the governor after considering the recommendation
12 of Accelerate Indiana Municipalities.
13 (10) One (1) member appointed by the governor after considering
14 the recommendation of the Build Indiana Council.
15 (11) One (1) member appointed by the governor who is an
16 employee of the Indiana department of transportation.
17 (12) One (1) member appointed by the governor who is a member
18 of the Indiana Motor Truck Association.
19 (13) One (1) member appointed by the governor who represents
20 taxpayers.
21 (14) One (1) member of the general assembly who is a member of
22 the majority party of the house of representatives and is appointed
23 by the speaker of the house of representatives.
24 (15) One (1) member of the general assembly who is a member of
25 the minority party of the house of representatives and is appointed
26 by the speaker of the house of representatives in consultation with
27 the minority leader of the house of representatives.
28 (16) One (1) member of the general assembly who is a member of
29 the minority party of the senate and is appointed by the president
30 pro tempore of the senate in consultation with the minority leader
31 of the senate.
32 (d) The budget committee shall select a member of the task force to
33 serve as the chairperson of the task force.
34 (e) The task force shall do the following:
35 (1) Review state highway and major bridge needs.
36 (2) Verify road and bridge needs at the local level.
37 (3) Develop a long term plan for state highway and major bridge
38 needs that addresses the ten (10) points described in subsection
39 (g) and:
40 (A) will achieve the recommended pavement and bridge
41 conditions;
42 (B) will complete the current statewide priority projects by
SB 52—LS 6297/DI 137 8
1 finishing projects that have been started;
2 (C) includes Tier 1, 2, and 3 projects; and
3 (D) using the model developed by the Indiana department of
4 transportation, includes sustainable funding mechanisms for
5 the various components of the plan.
6 (4) Review the long term impact of electric and hybrid vehicles.
7 (5) Develop a long term plan for local road and bridge needs.
8 (6) Review the impact of repurposing vehicular traffic lanes
9 into dedicated lanes for mass transit.
10 (7) Review the impact of the installation of signs prohibiting
11 a turn described in IC 9-21-3-7(b)(3)(B).
12 (f) The long term plan for state highway and major bridge needs
13 must provide a basis for consideration for the state biennial budget
14 enacted for the biennium beginning July 1, 2025.
15 (g) The long term plan for state highway and major bridge needs
16 must include the following ten (10) points:
17 (1) Estimates of the costs of major projects, including a study of
18 which projects can be done within current revenue streams and
19 which projects may require additional funding.
20 (2) The identification of projects for which a public-private
21 partnership, a public-private agreement, or tolling might be
22 viable, with planning to verify and confirm these public-private
23 partnership, public-private agreement, or tolling opportunities.
24 (3) The identification of resources for annual maintenance needs,
25 concentrating first on available user fees and attempting to secure
26 stable and predictable funding sources. This must include a
27 determination of whether additional resources must be pursued
28 and what form of resource is most appropriate for each project.
29 (4) A review of the state's debt situation and the development of
30 a plan to maintain a strong financial position for the state. This
31 must include consideration of whether a fee or tax could be
32 associated with the life of a bond for an individual project, with
33 the fee or tax then expiring by law upon payment of the bond.
34 (5) The evaluation of the state system of taxes, fees, and
35 registration fees, and the equity of payments by different groups
36 of users of transportation assets. This must include an evaluation
37 of the overall reliability over time of the receipt of revenue from
38 these sources.
39 (6) A review of the fuel tax system, including such concepts as
40 indexing tax rates, changing tax rates, and the appropriate
41 collection points for these taxes.
42 (7) The ensuring that the projects listed in the plan are priority
SB 52—LS 6297/DI 137 9
1 items that should be carried out, and confirming that these
2 projects bring value to citizens either through access and safety
3 needs or for economic development of Indiana as a whole.
4 (8) A review of the impact and advisability of dedicating some
5 part of state sales tax to roads and road maintenance.
6 (9) An analysis of how collective purchasing agreements could be
7 developed to share and reduce costs across the system of state and
8 local governments.
9 (10) A presentation of the plan and recommendations to the
10 budget committee before January 1, 2024. 2025.
11 (h) The legislative services agency shall provide staff support to the
12 task force.
13 (i) The meetings of the task force must be held in public as provided
14 under IC 5-14-1.5. However, the task force is permitted to meet in
15 executive session as determined necessary by the chairperson of the
16 task force.
17 (j) Before December 1, 2024, the task force shall prepare and
18 submit a report to the legislative council, in an electronic format
19 under IC 5-14-6, that sets forth the topics reviewed by the task
20 force and the task force's findings and recommendations.
21 (j) (k) This SECTION expires June 30, 2024. 2025.
22 SECTION 5. An emergency is declared for this act.
SB 52—LS 6297/DI 137 10
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 11
(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 12
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.
_____
SENATE MOTION
Madam President: I move that Senate Bill 52 be amended to read as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 9-21-3-7, AS AMENDED BY P.L.211-2023,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) Whenever traffic is controlled by traffic
control signals exhibiting different colored lights or colored lighted
arrows successively, one (1) at a time or in combination, only the
colors green, red, or yellow may be used, except for special pedestrian
signals under IC 9-21-18.
SB 52—LS 6297/DI 137 13
(b) The lights indicate and apply to drivers of vehicles and
pedestrians as follows:
(1) Green indication means the following:
(A) Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left, unless a sign at
the place prohibits either turn.
(B) Vehicular traffic, including vehicles turning right or left,
shall yield the right-of-way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent sidewalk at the
time the signal is exhibited.
(C) Vehicular traffic facing a green arrow signal, shown alone
or in combination with another indication, may cautiously
enter the intersection only to make the movement indicated by
the green arrow or other movement permitted by other
indications shown at the same time.
(D) Vehicular traffic shall yield the right-of-way to pedestrians
lawfully within an adjacent crosswalk and to other traffic
lawfully using the intersection.
(E) Unless otherwise directed by a pedestrian control signal,
pedestrians facing a green signal, except when the sole green
signal is a turn arrow, may proceed across the roadway within
a marked or unmarked crosswalk.
(2) Steady yellow indication means the following:
(A) Vehicular traffic facing a steady circular yellow or yellow
arrow signal is warned that the related green movement is
being terminated and that a red indication will be exhibited
immediately thereafter.
(B) A pedestrian facing a steady circular yellow or yellow
arrow signal, unless otherwise directed by a pedestrian control
signal, is advised that there is insufficient time to cross the
roadway before a red indication is shown, and a pedestrian
may not start to cross the roadway at that time.
(3) Steady red indication means the following:
(A) Except as provided in clauses (B) and (D), vehicular
traffic facing a steady circular red or red arrow signal shall
stop at a clearly marked stop line. However, if there is no
clearly marked stop line, vehicular traffic shall stop before
entering the crosswalk on the near side of the intersection. If
there is no crosswalk, vehicular traffic shall stop before
entering the intersection and shall remain standing until an
indication to proceed is shown.
(B) Except when a sign is in place prohibiting a turn described
SB 52—LS 6297/DI 137 14
in this clause, vehicular traffic facing a steady red signal, after
coming to a complete stop, may cautiously enter the
intersection to do the following:
(i) Make a right turn.
(ii) Make a left turn if turning from the left lane or a
designated left-turn lane of a one-way street into another
one-way street with the flow of traffic.
Vehicular traffic making a turn described in this clause shall
yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic using the intersection.
(C) Unless otherwise directed by a pedestrian control signal
pedestrians facing a steady circular red or red arrow signal
may not enter the roadway.
(D) This clause does not apply to the operation of an autocycle
or a bicycle directed by a bicycle traffic control signal under
section 8.5 of this chapter. If the operator of a motorcycle,
motor driven cycle, or bicycle approaches an intersection that
is controlled by a traffic control signal, the operator may
proceed through the intersection on a steady red signal only if
the operator:
(i) comes to a complete stop at the intersection for at least
one hundred twenty (120) seconds; and
(ii) exercises due caution as provided by law, otherwise
treats the traffic control signal as a stop sign, and determines
that it is safe to proceed.
(4) No indication or conflicting indications means the following:
(A) Except as provided in clause (C), vehicular traffic facing
an intersection having a signal that displays no indication or
conflicting indications, where no other control is present, shall
stop before entering the intersection.
(B) After stopping, vehicular traffic may proceed with caution
through the intersection and shall yield the right-of-way to
traffic within the intersection or approaching so closely as to
constitute an immediate hazard.
(C) Vehicular traffic entering an intersection or crosswalk
facing a pedestrian hybrid beacon may proceed without
stopping if no indication is displayed on the pedestrian hybrid
beacon.
(5) This subdivision applies to traffic control signals located at a
place other than an intersection. A stop required under this
subdivision must be made at the signal, except when the signal is
supplemented by a sign or pavement marking indicating where
SB 52—LS 6297/DI 137 15
the stop must be made.
(c) A consolidated city may not adopt an ordinance requiring the
installation of a sign prohibiting a turn described in subsection
(b)(3)(B).
(d) Until July 1, 2025, a consolidated city may not install any
additional sign under the authority of an ordinance adopted by the
consolidated city before July 1, 2023, regarding installation of a
sign described in subsection (c).
(e) Subsection (d) does not affect a sign installed before March
31, 2024, under the authority of an ordinance adopted by the
consolidated city before July 1, 2023, regarding installation of a
sign described in subsection (c).".
Page 4, between lines 11 and 12, begin a new paragraph and insert:
"SECTION 3. P.L.201-2023, SECTION 302, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
302. (a) As used in this SECTION, "task force" refers to the funding
Indiana's roads for a stronger, safer tomorrow task force established by
subsection (b).
(b) The funding Indiana's roads for a stronger, safer tomorrow task
force is established.
(c) The task force consists of the following members:
(1) The chairperson of the house of representatives ways and
means committee.
(2) The chairperson of the senate appropriations committee.
(3) The chairperson of the senate tax and fiscal policy committee.
(4) The chairperson of the house of representatives roads and
transportation committee.
(5) The chairperson of the senate homeland security and
transportation committee.
(6) The director of the office of management and budget.
(7) The public finance director of the Indiana finance authority.
(8) One (1) member who represents counties and is appointed by
the governor after considering the recommendation of the
Association of Indiana Counties.
(9) One (1) member who represents municipalities and is
appointed by the governor after considering the recommendation
of Accelerate Indiana Municipalities.
(10) One (1) member appointed by the governor after considering
the recommendation of the Build Indiana Council.
(11) One (1) member appointed by the governor who is an
employee of the Indiana department of transportation.
(12) One (1) member appointed by the governor who is a member
SB 52—LS 6297/DI 137 16
of the Indiana Motor Truck Association.
(13) One (1) member appointed by the governor who represents
taxpayers.
(14) One (1) member of the general assembly who is a member of
the majority party of the house of representatives and is appointed
by the speaker of the house of representatives.
(15) One (1) member of the general assembly who is a member of
the minority party of the house of representatives and is appointed
by the speaker of the house of representatives in consultation with
the minority leader of the house of representatives.
(16) One (1) member of the general assembly who is a member of
the minority party of the senate and is appointed by the president
pro tempore of the senate in consultation with the minority leader
of the senate.
(d) The budget committee shall select a member of the task force to
serve as the chairperson of the task force.
(e) The task force shall do the following:
(1) Review state highway and major bridge needs.
(2) Verify road and bridge needs at the local level.
(3) Develop a long term plan for state highway and major bridge
needs that addresses the ten (10) points described in subsection
(g) and:
(A) will achieve the recommended pavement and bridge
conditions;
(B) will complete the current statewide priority projects by
finishing projects that have been started;
(C) includes Tier 1, 2, and 3 projects; and
(D) using the model developed by the Indiana department of
transportation, includes sustainable funding mechanisms for
the various components of the plan.
(4) Review the long term impact of electric and hybrid vehicles.
(5) Develop a long term plan for local road and bridge needs.
(6) Review the impact of repurposing vehicular traffic lanes
into dedicated lanes for mass transit.
(7) Review the impact of the installation of signs prohibiting
a turn described in IC 9-21-3-7(b)(3)(B).
(f) The long term plan for state highway and major bridge needs
must provide a basis for consideration for the state biennial budget
enacted for the biennium beginning July 1, 2025.
(g) The long term plan for state highway and major bridge needs
must include the following ten (10) points:
(1) Estimates of the costs of major projects, including a study of
SB 52—LS 6297/DI 137 17
which projects can be done within current revenue streams and
which projects may require additional funding.
(2) The identification of projects for which a public-private
partnership, a public-private agreement, or tolling might be
viable, with planning to verify and confirm these public-private
partnership, public-private agreement, or tolling opportunities.
(3) The identification of resources for annual maintenance needs,
concentrating first on available user fees and attempting to secure
stable and predictable funding sources. This must include a
determination of whether additional resources must be pursued
and what form of resource is most appropriate for each project.
(4) A review of the state's debt situation and the development of
a plan to maintain a strong financial position for the state. This
must include consideration of whether a fee or tax could be
associated with the life of a bond for an individual project, with
the fee or tax then expiring by law upon payment of the bond.
(5) The evaluation of the state system of taxes, fees, and
registration fees, and the equity of payments by different groups
of users of transportation assets. This must include an evaluation
of the overall reliability over time of the receipt of revenue from
these sources.
(6) A review of the fuel tax system, including such concepts as
indexing tax rates, changing tax rates, and the appropriate
collection points for these taxes.
(7) The ensuring that the projects listed in the plan are priority
items that should be carried out, and confirming that these
projects bring value to citizens either through access and safety
needs or for economic development of Indiana as a whole.
(8) A review of the impact and advisability of dedicating some
part of state sales tax to roads and road maintenance.
(9) An analysis of how collective purchasing agreements could be
developed to share and reduce costs across the system of state and
local governments.
(10) A presentation of the plan and recommendations to the
budget committee before January 1, 2024. 2025.
(h) The legislative services agency shall provide staff support to the
task force.
(i) The meetings of the task force must be held in public as provided
under IC 5-14-1.5. However, the task force is permitted to meet in
executive session as determined necessary by the chairperson of the
task force.
(j) Before December 1, 2024, the task force shall prepare and
SB 52—LS 6297/DI 137 18
submit a report to the legislative council, in an electronic format
under IC 5-14-6, that sets forth the topics reviewed by the task
force and the task force's findings and recommendations.
(j) (k) This SECTION expires June 30, 2024. 2025.".
Renumber all SECTIONS consecutively.
(Reference is to SB 52 as printed January 23, 2024.)
FREEMAN
SB 52—LS 6297/DI 137