Indiana 2024 Regular Session

Indiana Senate Bill SB0052 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ES0052~~.1
2		-	~~February 27, 2024~~
3		-	~~ENGROSSED~~
	1	+	SB0052.2
	2	+	Reprinted
	3	+	January 26, 2024
4	4		SENATE BILL No. 52
5	5		_____
6		-	DIGEST OF SB 52 (Updated February 27, 2024 1:20 pm - DI 137)
7		-	Citations Affected: IC 9-19; IC 9-21; IC 36-1; IC 36-9; noncode.
8		-	Synopsis: Prohibition on use of dedicated lanes. Prohibits, until July
9		-	1, 2025, a consolidated city from adopting or enforcing an ordinance,
10		-	resolution, rule, policy, or other requirement concerning a public
11		-	transportation project, including the blue line, that seeks to: (1)
12		-	convert; (2) restrict; or (3) otherwise establish; a vehicular traffic lane
13		-	for use as a dedicated lane. Specifies exclusions from the scope of the
14		-	bill's temporary prohibition. Requires the driver of a passenger bus
15		-	operating in a consolidated city that travels on a dedicated lane in the
16		-	opposite direction of the flow of traffic to sound a horn or bell when
17		-	approaching an intersection to alert pedestrians.
18		-	Effective: Upon passage; July 1, 2024.
19		-	Freeman, Young M, Messmer,
20		-	Donato, Koch, Tomes, Glick, Leising,
	6	+	DIGEST OF SB 52 (Updated January 25, 2024 3:46 pm - DI 129)
	7	+	Citations Affected: IC 9-21; IC 36-1; IC 36-9; noncode.
	8	+	Synopsis: Prohibition of certain traffic ordinances. Prohibits, until July
	9	+	1, 2025, a consolidated city from installing any additional sign
	10	+	prohibiting a turn at a steady red signal. Specifies that the temporary
	11	+	prohibition does not affect such a sign installed before March 31, 2024.
	12	+	Prohibits, until July 1, 2025, a unit of local government from adopting
	13	+	or enforcing an ordinance, resolution, rule, policy, or other requirement
	14	+	concerning a public transportation project, including the blue line, that
	15	+	seeks to: (1) convert; (2) restrict; or (3) otherwise establish; a vehicular
	16	+	traffic lane for use as a dedicated lane. Specifies exclusions from the
	17	+	scope of the temporary prohibition on public transportation projects.
	18	+	Extends the funding Indiana's roads for a stronger, safer tomorrow task
	19	+	force (task force) for one additional year and adds new topics for the
	20	+	task force to review. Specifies that the task force shall provide a report
	21	+	of its findings and recommendations to the legislative council before
	22	+	December 1, 2024.
	23	+	Effective: Upon passage.
	24	+	Freeman, Messmer, Donato, Koch,
	25	+	Tomes, Young M, Glick, Leising,
21	26		Doriot, Gaskill, Buchanan, Johnson T,
22	27		Goode, Maxwell, Dernulc, Bohacek,
23		-	Niemeyer, Raatz, Zay, Busch, Byrne,
24		-	Buck
25		-	(HOUSE SPONSORS — MCGUIRE, BEHNING, SPEEDY)
	28	+	Niemeyer, Raatz, Zay, Busch, Byrne
26	29		January 8, 2024, read first time and referred to Committee on Appropriations.
27	30		January 22, 2024, amended, reported favorably — Do Pass.
28	31		January 25, 2024, read second time, amended, ordered engrossed.
29		-	January 26, 2024, engrossed.
30		-	January 29, 2024, read third time, passed. Yeas 35, nays 14.
31		-	HOUSE ACTION
32		-	February 6, 2024, read first time and referred to Committee on Roads and Transportation.
33		-	February 27, 2024, amended, reported — Do Pass.
34		-	ES 52—LS 6297/DI 137 February 27, 2024
	32	+	SB 52—LS 6297/DI 137 Reprinted
	33	+	January 26, 2024
35	34		Second Regular Session of the 123rd General Assembly (2024)
36	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
38	37		additions will appear in this style type, and deletions will appear in this style type.
39	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	39		provision adopted), the text of the new provision will appear in this style type. Also, the
41	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	41		a new provision to the Indiana Code or the Indiana Constitution.
43	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	43		between statutes enacted by the 2023 Regular Session of the General Assembly.
45		-	ENGROSSED
46	44		SENATE BILL No. 52
47	45		A BILL FOR AN ACT to amend the Indiana Code concerning local
48	46		government.
49	47		Be it enacted by the General Assembly of the State of Indiana:
50		-	1 SECTION 1. IC 9-19-5-8 IS ADDED TO THE INDIANA CODE
51		-	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
52		-	3 1, 2024]: Sec. 8. (a) This section applies to a passenger bus
53		-	4 operating in a consolidated city that travels on a dedicated lane (as
54		-	5 defined in IC 36-9-44-4) in the opposite direction of the flow of
55		-	6 traffic.
56		-	7 (b) A passenger bus must be equipped with a horn or bell that
57		-	8 meets the requirements of section 1 of this chapter.
58		-	9 (c) The driver of a passenger bus must sound the horn or bell
59		-	10 required under subsection (b) when the passenger bus is
60		-	11 approaching an intersection to alert pedestrians.
61		-	12 SECTION 2. IC 9-21-3-7, AS AMENDED BY P.L.211-2023,
62		-	13 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63		-	14 UPON PASSAGE]: Sec. 7. (a) Whenever traffic is controlled by traffic
64		-	15 control signals exhibiting different colored lights or colored lighted
65		-	16 arrows successively, one (1) at a time or in combination, only the
66		-	17 colors green, red, or yellow may be used, except for special pedestrian
67		-	ES 52—LS 6297/DI 137 2
68		-	1 signals under IC 9-21-18.
69		-	2 (b) The lights indicate and apply to drivers of vehicles and
70		-	3 pedestrians as follows:
71		-	4 (1) Green indication means the following:
72		-	5 (A) Vehicular traffic facing a circular green signal may
73		-	6 proceed straight through or turn right or left, unless a sign at
74		-	7 the place prohibits either turn.
75		-	8 (B) Vehicular traffic, including vehicles turning right or left,
76		-	9 shall yield the right-of-way to other vehicles and to pedestrians
77		-	10 lawfully within the intersection or an adjacent sidewalk at the
78		-	11 time the signal is exhibited.
79		-	12 (C) Vehicular traffic facing a green arrow signal, shown alone
80		-	13 or in combination with another indication, may cautiously
81		-	14 enter the intersection only to make the movement indicated by
82		-	15 the green arrow or other movement permitted by other
83		-	16 indications shown at the same time.
84		-	17 (D) Vehicular traffic shall yield the right-of-way to pedestrians
85		-	18 lawfully within an adjacent crosswalk and to other traffic
86		-	19 lawfully using the intersection.
87		-	20 (E) Unless otherwise directed by a pedestrian control signal,
88		-	21 pedestrians facing a green signal, except when the sole green
89		-	22 signal is a turn arrow, may proceed across the roadway within
90		-	23 a marked or unmarked crosswalk.
91		-	24 (2) Steady yellow indication means the following:
92		-	25 (A) Vehicular traffic facing a steady circular yellow or yellow
93		-	26 arrow signal is warned that the related green movement is
94		-	27 being terminated and that a red indication will be exhibited
95		-	28 immediately thereafter.
96		-	29 (B) A pedestrian facing a steady circular yellow or yellow
97		-	30 arrow signal, unless otherwise directed by a pedestrian control
98		-	31 signal, is advised that there is insufficient time to cross the
99		-	32 roadway before a red indication is shown, and a pedestrian
100		-	33 may not start to cross the roadway at that time.
101		-	34 (3) Steady red indication means the following:
102		-	35 (A) Except as provided in clauses (B) and (D), vehicular
103		-	36 traffic facing a steady circular red or red arrow signal shall
104		-	37 stop at a clearly marked stop line. However, if there is no
105		-	38 clearly marked stop line, vehicular traffic shall stop before
106		-	39 entering the crosswalk on the near side of the intersection. If
107		-	40 there is no crosswalk, vehicular traffic shall stop before
108		-	41 entering the intersection and shall remain standing until an
109		-	42 indication to proceed is shown.
110		-	ES 52—LS 6297/DI 137 3
111		-	1 (B) Except when a sign is in place prohibiting a turn described
112		-	2 in this clause, vehicular traffic facing a steady red signal, after
113		-	3 coming to a complete stop, may cautiously enter the
114		-	4 intersection to do the following:
115		-	5 (i) Make a right turn.
116		-	6 (ii) Make a left turn if turning from the left lane or a
117		-	7 designated left-turn lane of a one-way street into another
118		-	8 one-way street with the flow of traffic.
119		-	9 Vehicular traffic making a turn described in this clause shall
120		-	10 yield the right-of-way to pedestrians lawfully within an
121		-	11 adjacent crosswalk and to other traffic using the intersection.
122		-	12 (C) Unless otherwise directed by a pedestrian control signal
123		-	13 pedestrians facing a steady circular red or red arrow signal
124		-	14 may not enter the roadway.
125		-	15 (D) This clause does not apply to the operation of an autocycle
126		-	16 or a bicycle directed by a bicycle traffic control signal under
127		-	17 section 8.5 of this chapter. If the operator of a motorcycle,
128		-	18 motor driven cycle, or bicycle approaches an intersection that
129		-	19 is controlled by a traffic control signal, the operator may
130		-	20 proceed through the intersection on a steady red signal only if
131		-	21 the operator:
132		-	22 (i) comes to a complete stop at the intersection for at least
133		-	23 one hundred twenty (120) seconds; and
134		-	24 (ii) exercises due caution as provided by law, otherwise
135		-	25 treats the traffic control signal as a stop sign, and determines
136		-	26 that it is safe to proceed.
137		-	27 (4) No indication or conflicting indications means the following:
138		-	28 (A) Except as provided in clause (C), vehicular traffic facing
139		-	29 an intersection having a signal that displays no indication or
140		-	30 conflicting indications, where no other control is present, shall
141		-	31 stop before entering the intersection.
142		-	32 (B) After stopping, vehicular traffic may proceed with caution
143		-	33 through the intersection and shall yield the right-of-way to
144		-	34 traffic within the intersection or approaching so closely as to
145		-	35 constitute an immediate hazard.
146		-	36 (C) Vehicular traffic entering an intersection or crosswalk
147		-	37 facing a pedestrian hybrid beacon may proceed without
148		-	38 stopping if no indication is displayed on the pedestrian hybrid
149		-	39 beacon.
150		-	40 (5) This subdivision applies to traffic control signals located at a
151		-	41 place other than an intersection. A stop required under this
152		-	42 subdivision must be made at the signal, except when the signal is
153		-	ES 52—LS 6297/DI 137 4
154		-	1 supplemented by a sign or pavement marking indicating where
155		-	2 the stop must be made.
156		-	3 (c) A consolidated city may not adopt an ordinance requiring the
157		-	4 installation of a sign prohibiting a turn described in subsection
158		-	5 (b)(3)(B).
159		-	6 (d) Until July 1, 2025, a consolidated city may not install any
160		-	7 additional sign under the authority of an ordinance adopted by the
161		-	8 consolidated city before July 1, 2023, regarding installation of a
162		-	9 sign described in subsection (c).
163		-	10 (e) Subsection (d) does not affect a sign installed before March
164		-	11 31, 2024, under the authority of an ordinance adopted by the
165		-	12 consolidated city before July 1, 2023, regarding installation of a
166		-	13 sign described in subsection (c).
167		-	14 SECTION 3. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
168		-	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169		-	16 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
170		-	17 not have the following:
171		-	18 (1) The power to condition or limit its civil liability, except as
172		-	19 expressly granted by statute.
173		-	20 (2) The power to prescribe the law governing civil actions
174		-	21 between private persons.
175		-	22 (3) The power to impose duties on another political subdivision,
176		-	23 except as expressly granted by statute.
177		-	24 (4) The power to impose a tax, except as expressly granted by
178		-	25 statute.
179		-	26 (5) The power to impose a license fee greater than that reasonably
180		-	27 related to the administrative cost of exercising a regulatory power.
181		-	28 (6) The power to impose a service charge or user fee greater than
182		-	29 that reasonably related to reasonable and just rates and charges
183		-	30 for services.
184		-	31 (7) The power to regulate conduct that is regulated by a state
185		-	32 agency, except as expressly granted by statute.
186		-	33 (8) The power to prescribe a penalty for conduct constituting a
187		-	34 crime or infraction under statute.
188		-	35 (9) The power to prescribe a penalty of imprisonment for an
189		-	36 ordinance violation.
190		-	37 (10) The power to prescribe a penalty of a fine as follows:
191		-	38 (A) More than ten thousand dollars ($10,000) for the violation
192		-	39 of an ordinance or a regulation concerning air emissions
193		-	40 adopted by a county that has received approval to establish an
194		-	41 air permit program under IC 13-17-12-6.
195		-	42 (B) For a violation of any other ordinance:
196		-	ES 52—LS 6297/DI 137 5
197		-	1 (i) more than two thousand five hundred dollars ($2,500) for
198		-	2 a first violation of the ordinance; and
199		-	3 (ii) except as provided in subsection (c), more than seven
200		-	4 thousand five hundred dollars ($7,500) for a second or
201		-	5 subsequent violation of the ordinance.
202		-	6 (11) The power to invest money, except as expressly granted by
203		-	7 statute.
204		-	8 (12) The power to adopt an ordinance, a resolution, or an order
205		-	9 concerning an election described by IC 3-5-1-2, or otherwise
206		-	10 conduct an election, except as expressly granted by statute. An
207		-	11 ordinance, a resolution, or an order concerning an election
208		-	12 described by IC 3-5-1-2 that was adopted before January 1, 2023,
209		-	13 is void unless a statute expressly granted the unit the power to
210		-	14 adopt the ordinance, resolution, or order.
211		-	15 (13) The power to adopt or enforce an ordinance described in
212		-	16 section 8.5 of this chapter.
213		-	17 (14) The power to take any action prohibited by section 8.6 of this
214		-	18 chapter.
215		-	19 (15) The power to dissolve a political subdivision, except:
216		-	20 (A) as expressly granted by statute; or
217		-	21 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
218		-	22 accordance with the procedure set forth in IC 36-1-8-17.7.
219		-	23 (16) After June 30, 2019, the power to enact an ordinance
220		-	24 requiring a solid waste hauler or a person who operates a vehicle
221		-	25 in which recyclable material is transported for recycling to collect
222		-	26 fees authorized by IC 13-21 and remit the fees to:
223		-	27 (A) a unit; or
224		-	28 (B) the board of a solid waste management district established
225		-	29 under IC 13-21.
226		-	30 (17) The power to take any action prohibited by IC 36-9-44-6.
227		-	31 (b) A township does not have the following, except as expressly
228		-	32 granted by statute:
229		-	33 (1) The power to require a license or impose a license fee.
230		-	34 (2) The power to impose a service charge or user fee.
231		-	35 (3) The power to prescribe a penalty.
232		-	36 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
233		-	37 ordinance that regulates traffic or parking.
234		-	38 SECTION 4. IC 36-9-44 IS ADDED TO THE INDIANA CODE AS
235		-	39 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
236		-	40 PASSAGE]:
237		-	41 Chapter 44. Dedicated Lanes
238		-	42 Sec. 1. This chapter does not apply to:
239		-	ES 52—LS 6297/DI 137 6
240		-	1 (A) a dedicated lane for which construction is completed
241		-	2 before March 31, 2024; or
242		-	3 (B) the purple line (as defined in section 3 of this chapter).
243		-	4 Sec. 2. As used in this chapter, "blue line" means the
244		-	5 Indianapolis Public Transportation Corporation (IndyGo)
245		-	6 east-west bus rapid transit line primarily along Washington Street,
246		-	7 between the Indianapolis International Airport, downtown
247		-	8 Indianapolis, and Cumberland, as described and mapped in the
248		-	9 IndyGo Blue Line Rapid Transit Indianapolis, Indiana, Small
249		-	10 Starts Project Development Rating Assignment by the United
250		-	11 States Department of Transportation Federal Transit
251		-	12 Administration in November 2019. If the route is renamed or a
252		-	13 new rating assignment is submitted and it continues to be a
253		-	14 substantially similar route as compared to the November 2019
254		-	15 rating report, the definition still applies.
255		-	16 Sec. 3. As used in this chapter, "purple line" means the
256		-	17 Indianapolis Public Transportation Corporation (IndyGo) bus
257		-	18 rapid transit line running primarily north-south, and along 38th
258		-	19 Street, between downtown Indianapolis and city of Lawrence, as
259		-	20 described and mapped in the IndyGo Purple Line Rapid Transit
260		-	21 Indianapolis, Indiana, Small Starts Project Development Rating
261		-	22 Assignment by the United States Department of Transportation
262		-	23 Federal Transit Administration in November 2019. If the route is
263		-	24 renamed or a new rating assignment is submitted and it continues
264		-	25 to be a substantially similar route as compared to the November
265		-	26 2019 rating report, the definition still applies.
266		-	27 Sec. 4. As used in this chapter, "dedicated lane" means a portion
267		-	28 of a street designated by signs, markings, or other means for the
268		-	29 exclusive use of public transportation vehicles.
269		-	30 Sec. 5. As used in this chapter, "public transportation project"
270		-	31 refers to an action taken to plan, design, acquire, construct,
271		-	32 enlarge, improve, renovate, maintain, equip, or operate a public
272		-	33 transportation system.
273		-	34 Sec. 6. Until July 1, 2025, a consolidated city may not adopt or
274		-	35 enforce an ordinance, resolution, rule, policy, or other requirement
275		-	36 concerning a public transportation project, including the blue line,
276		-	37 that seeks to:
277		-	38 (1) convert;
278		-	39 (2) restrict; or
279		-	40 (3) otherwise establish;
280		-	41 a vehicular traffic lane for use as a dedicated lane.
281		-	42 SECTION 5. [EFFECTIVE UPON PASSAGE] (a) The legislative
282		-	ES 52—LS 6297/DI 137 7
283		-	1 council is urged to assign to the interim study committee on roads
284		-	2 and transportation the following topics for study during the 2024
285		-	3 legislative interim:
286		-	4 (1) Review the impact of repurposing vehicular traffic lanes
287		-	5 into dedicated lanes for mass transit.
288		-	6 (2) Review the impact of the installation of signs prohibiting
289		-	7 a turn described in IC 9-21-3-7(b)(3)(B).
290		-	8 (b) This SECTION expires July 1, 2025.
291		-	9 SECTION 6. An emergency is declared for this act.
292		-	ES 52—LS 6297/DI 137 8
	48	+	1 SECTION 1. IC 9-21-3-7, AS AMENDED BY P.L.211-2023,
	49	+	2 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	50	+	3 UPON PASSAGE]: Sec. 7. (a) Whenever traffic is controlled by traffic
	51	+	4 control signals exhibiting different colored lights or colored lighted
	52	+	5 arrows successively, one (1) at a time or in combination, only the
	53	+	6 colors green, red, or yellow may be used, except for special pedestrian
	54	+	7 signals under IC 9-21-18.
	55	+	8 (b) The lights indicate and apply to drivers of vehicles and
	56	+	9 pedestrians as follows:
	57	+	10 (1) Green indication means the following:
	58	+	11 (A) Vehicular traffic facing a circular green signal may
	59	+	12 proceed straight through or turn right or left, unless a sign at
	60	+	13 the place prohibits either turn.
	61	+	14 (B) Vehicular traffic, including vehicles turning right or left,
	62	+	15 shall yield the right-of-way to other vehicles and to pedestrians
	63	+	16 lawfully within the intersection or an adjacent sidewalk at the
	64	+	17 time the signal is exhibited.
	65	+	SB 52—LS 6297/DI 137 2
	66	+	1 (C) Vehicular traffic facing a green arrow signal, shown alone
	67	+	2 or in combination with another indication, may cautiously
	68	+	3 enter the intersection only to make the movement indicated by
	69	+	4 the green arrow or other movement permitted by other
	70	+	5 indications shown at the same time.
	71	+	6 (D) Vehicular traffic shall yield the right-of-way to pedestrians
	72	+	7 lawfully within an adjacent crosswalk and to other traffic
	73	+	8 lawfully using the intersection.
	74	+	9 (E) Unless otherwise directed by a pedestrian control signal,
	75	+	10 pedestrians facing a green signal, except when the sole green
	76	+	11 signal is a turn arrow, may proceed across the roadway within
	77	+	12 a marked or unmarked crosswalk.
	78	+	13 (2) Steady yellow indication means the following:
	79	+	14 (A) Vehicular traffic facing a steady circular yellow or yellow
	80	+	15 arrow signal is warned that the related green movement is
	81	+	16 being terminated and that a red indication will be exhibited
	82	+	17 immediately thereafter.
	83	+	18 (B) A pedestrian facing a steady circular yellow or yellow
	84	+	19 arrow signal, unless otherwise directed by a pedestrian control
	85	+	20 signal, is advised that there is insufficient time to cross the
	86	+	21 roadway before a red indication is shown, and a pedestrian
	87	+	22 may not start to cross the roadway at that time.
	88	+	23 (3) Steady red indication means the following:
	89	+	24 (A) Except as provided in clauses (B) and (D), vehicular
	90	+	25 traffic facing a steady circular red or red arrow signal shall
	91	+	26 stop at a clearly marked stop line. However, if there is no
	92	+	27 clearly marked stop line, vehicular traffic shall stop before
	93	+	28 entering the crosswalk on the near side of the intersection. If
	94	+	29 there is no crosswalk, vehicular traffic shall stop before
	95	+	30 entering the intersection and shall remain standing until an
	96	+	31 indication to proceed is shown.
	97	+	32 (B) Except when a sign is in place prohibiting a turn described
	98	+	33 in this clause, vehicular traffic facing a steady red signal, after
	99	+	34 coming to a complete stop, may cautiously enter the
	100	+	35 intersection to do the following:
	101	+	36 (i) Make a right turn.
	102	+	37 (ii) Make a left turn if turning from the left lane or a
	103	+	38 designated left-turn lane of a one-way street into another
	104	+	39 one-way street with the flow of traffic.
	105	+	40 Vehicular traffic making a turn described in this clause shall
	106	+	41 yield the right-of-way to pedestrians lawfully within an
	107	+	42 adjacent crosswalk and to other traffic using the intersection.
	108	+	SB 52—LS 6297/DI 137 3
	109	+	1 (C) Unless otherwise directed by a pedestrian control signal
	110	+	2 pedestrians facing a steady circular red or red arrow signal
	111	+	3 may not enter the roadway.
	112	+	4 (D) This clause does not apply to the operation of an autocycle
	113	+	5 or a bicycle directed by a bicycle traffic control signal under
	114	+	6 section 8.5 of this chapter. If the operator of a motorcycle,
	115	+	7 motor driven cycle, or bicycle approaches an intersection that
	116	+	8 is controlled by a traffic control signal, the operator may
	117	+	9 proceed through the intersection on a steady red signal only if
	118	+	10 the operator:
	119	+	11 (i) comes to a complete stop at the intersection for at least
	120	+	12 one hundred twenty (120) seconds; and
	121	+	13 (ii) exercises due caution as provided by law, otherwise
	122	+	14 treats the traffic control signal as a stop sign, and determines
	123	+	15 that it is safe to proceed.
	124	+	16 (4) No indication or conflicting indications means the following:
	125	+	17 (A) Except as provided in clause (C), vehicular traffic facing
	126	+	18 an intersection having a signal that displays no indication or
	127	+	19 conflicting indications, where no other control is present, shall
	128	+	20 stop before entering the intersection.
	129	+	21 (B) After stopping, vehicular traffic may proceed with caution
	130	+	22 through the intersection and shall yield the right-of-way to
	131	+	23 traffic within the intersection or approaching so closely as to
	132	+	24 constitute an immediate hazard.
	133	+	25 (C) Vehicular traffic entering an intersection or crosswalk
	134	+	26 facing a pedestrian hybrid beacon may proceed without
	135	+	27 stopping if no indication is displayed on the pedestrian hybrid
	136	+	28 beacon.
	137	+	29 (5) This subdivision applies to traffic control signals located at a
	138	+	30 place other than an intersection. A stop required under this
	139	+	31 subdivision must be made at the signal, except when the signal is
	140	+	32 supplemented by a sign or pavement marking indicating where
	141	+	33 the stop must be made.
	142	+	34 (c) A consolidated city may not adopt an ordinance requiring the
	143	+	35 installation of a sign prohibiting a turn described in subsection
	144	+	36 (b)(3)(B).
	145	+	37 (d) Until July 1, 2025, a consolidated city may not install any
	146	+	38 additional sign under the authority of an ordinance adopted by the
	147	+	39 consolidated city before July 1, 2023, regarding installation of a
	148	+	40 sign described in subsection (c).
	149	+	41 (e) Subsection (d) does not affect a sign installed before March
	150	+	42 31, 2024, under the authority of an ordinance adopted by the
	151	+	SB 52—LS 6297/DI 137 4
	152	+	1 consolidated city before July 1, 2023, regarding installation of a
	153	+	2 sign described in subsection (c).
	154	+	3 SECTION 2. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
	155	+	4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	156	+	5 UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
	157	+	6 not have the following:
	158	+	7 (1) The power to condition or limit its civil liability, except as
	159	+	8 expressly granted by statute.
	160	+	9 (2) The power to prescribe the law governing civil actions
	161	+	10 between private persons.
	162	+	11 (3) The power to impose duties on another political subdivision,
	163	+	12 except as expressly granted by statute.
	164	+	13 (4) The power to impose a tax, except as expressly granted by
	165	+	14 statute.
	166	+	15 (5) The power to impose a license fee greater than that reasonably
	167	+	16 related to the administrative cost of exercising a regulatory power.
	168	+	17 (6) The power to impose a service charge or user fee greater than
	169	+	18 that reasonably related to reasonable and just rates and charges
	170	+	19 for services.
	171	+	20 (7) The power to regulate conduct that is regulated by a state
	172	+	21 agency, except as expressly granted by statute.
	173	+	22 (8) The power to prescribe a penalty for conduct constituting a
	174	+	23 crime or infraction under statute.
	175	+	24 (9) The power to prescribe a penalty of imprisonment for an
	176	+	25 ordinance violation.
	177	+	26 (10) The power to prescribe a penalty of a fine as follows:
	178	+	27 (A) More than ten thousand dollars ($10,000) for the violation
	179	+	28 of an ordinance or a regulation concerning air emissions
	180	+	29 adopted by a county that has received approval to establish an
	181	+	30 air permit program under IC 13-17-12-6.
	182	+	31 (B) For a violation of any other ordinance:
	183	+	32 (i) more than two thousand five hundred dollars ($2,500) for
	184	+	33 a first violation of the ordinance; and
	185	+	34 (ii) except as provided in subsection (c), more than seven
	186	+	35 thousand five hundred dollars ($7,500) for a second or
	187	+	36 subsequent violation of the ordinance.
	188	+	37 (11) The power to invest money, except as expressly granted by
	189	+	38 statute.
	190	+	39 (12) The power to adopt an ordinance, a resolution, or an order
	191	+	40 concerning an election described by IC 3-5-1-2, or otherwise
	192	+	41 conduct an election, except as expressly granted by statute. An
	193	+	42 ordinance, a resolution, or an order concerning an election
	194	+	SB 52—LS 6297/DI 137 5
	195	+	1 described by IC 3-5-1-2 that was adopted before January 1, 2023,
	196	+	2 is void unless a statute expressly granted the unit the power to
	197	+	3 adopt the ordinance, resolution, or order.
	198	+	4 (13) The power to adopt or enforce an ordinance described in
	199	+	5 section 8.5 of this chapter.
	200	+	6 (14) The power to take any action prohibited by section 8.6 of this
	201	+	7 chapter.
	202	+	8 (15) The power to dissolve a political subdivision, except:
	203	+	9 (A) as expressly granted by statute; or
	204	+	10 (B) if IC 36-1-8-17.7 applies to the political subdivision, in
	205	+	11 accordance with the procedure set forth in IC 36-1-8-17.7.
	206	+	12 (16) After June 30, 2019, the power to enact an ordinance
	207	+	13 requiring a solid waste hauler or a person who operates a vehicle
	208	+	14 in which recyclable material is transported for recycling to collect
	209	+	15 fees authorized by IC 13-21 and remit the fees to:
	210	+	16 (A) a unit; or
	211	+	17 (B) the board of a solid waste management district established
	212	+	18 under IC 13-21.
	213	+	19 (17) The power to take any action prohibited by IC 36-9-44-6.
	214	+	20 (b) A township does not have the following, except as expressly
	215	+	21 granted by statute:
	216	+	22 (1) The power to require a license or impose a license fee.
	217	+	23 (2) The power to impose a service charge or user fee.
	218	+	24 (3) The power to prescribe a penalty.
	219	+	25 (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
	220	+	26 ordinance that regulates traffic or parking.
	221	+	27 SECTION 3. IC 36-9-44 IS ADDED TO THE INDIANA CODE AS
	222	+	28 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
	223	+	29 PASSAGE]:
	224	+	30 Chapter 44. Dedicated Lanes
	225	+	31 Sec. 1. This chapter does not apply to:
	226	+	32 (A) a dedicated lane for which construction is completed
	227	+	33 before March 31, 2024; or
	228	+	34 (B) the purple line (as defined in section 3 of this chapter).
	229	+	35 Sec. 2. As used in this chapter, "blue line" means the
	230	+	36 Indianapolis Public Transportation Corporation (IndyGo)
	231	+	37 east-west bus rapid transit line primarily along Washington Street,
	232	+	38 between the Indianapolis International Airport, downtown
	233	+	39 Indianapolis, and Cumberland, as described and mapped in the
	234	+	40 IndyGo Blue Line Rapid Transit Indianapolis, Indiana, Small
	235	+	41 Starts Project Development Rating Assignment by the United
	236	+	42 States Department of Transportation Federal Transit
	237	+	SB 52—LS 6297/DI 137 6
	238	+	1 Administration in November 2019. If the route is renamed or a
	239	+	2 new rating assignment is submitted and it continues to be a
	240	+	3 substantially similar route as compared to the November 2019
	241	+	4 rating report, the definition still applies.
	242	+	5 Sec. 3. As used in this chapter, "purple line" means the
	243	+	6 Indianapolis Public Transportation Corporation (IndyGo) bus
	244	+	7 rapid transit line running primarily north-south, and along 38th
	245	+	8 Street, between downtown Indianapolis and city of Lawrence, as
	246	+	9 described and mapped in the IndyGo Purple Line Rapid Transit
	247	+	10 Indianapolis, Indiana, Small Starts Project Development Rating
	248	+	11 Assignment by the United States Department of Transportation
	249	+	12 Federal Transit Administration in November 2019. If the route is
	250	+	13 renamed or a new rating assignment is submitted and it continues
	251	+	14 to be a substantially similar route as compared to the November
	252	+	15 2019 rating report, the definition still applies.
	253	+	16 Sec. 4. As used in this chapter, "dedicated lane" means a portion
	254	+	17 of a street designated by signs, markings, or other means for the
	255	+	18 exclusive use of public transportation vehicles.
	256	+	19 Sec. 5. As used in this chapter, "public transportation project"
	257	+	20 refers to an action taken to plan, design, acquire, construct,
	258	+	21 enlarge, improve, renovate, maintain, equip, or operate a public
	259	+	22 transportation system.
	260	+	23 Sec. 6. Until July 1, 2025, a unit may not adopt or enforce an
	261	+	24 ordinance, resolution, rule, policy, or other requirement
	262	+	25 concerning a public transportation project, including the blue line,
	263	+	26 that seeks to:
	264	+	27 (1) convert;
	265	+	28 (2) restrict; or
	266	+	29 (3) otherwise establish;
	267	+	30 a vehicular traffic lane for use as a dedicated lane.
	268	+	31 SECTION 4. P.L.201-2023, SECTION 302, IS AMENDED TO
	269	+	32 READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
	270	+	33 302. (a) As used in this SECTION, "task force" refers to the funding
	271	+	34 Indiana's roads for a stronger, safer tomorrow task force established by
	272	+	35 subsection (b).
	273	+	36 (b) The funding Indiana's roads for a stronger, safer tomorrow task
	274	+	37 force is established.
	275	+	38 (c) The task force consists of the following members:
	276	+	39 (1) The chairperson of the house of representatives ways and
	277	+	40 means committee.
	278	+	41 (2) The chairperson of the senate appropriations committee.
	279	+	42 (3) The chairperson of the senate tax and fiscal policy committee.
	280	+	SB 52—LS 6297/DI 137 7
	281	+	1 (4) The chairperson of the house of representatives roads and
	282	+	2 transportation committee.
	283	+	3 (5) The chairperson of the senate homeland security and
	284	+	4 transportation committee.
	285	+	5 (6) The director of the office of management and budget.
	286	+	6 (7) The public finance director of the Indiana finance authority.
	287	+	7 (8) One (1) member who represents counties and is appointed by
	288	+	8 the governor after considering the recommendation of the
	289	+	9 Association of Indiana Counties.
	290	+	10 (9) One (1) member who represents municipalities and is
	291	+	11 appointed by the governor after considering the recommendation
	292	+	12 of Accelerate Indiana Municipalities.
	293	+	13 (10) One (1) member appointed by the governor after considering
	294	+	14 the recommendation of the Build Indiana Council.
	295	+	15 (11) One (1) member appointed by the governor who is an
	296	+	16 employee of the Indiana department of transportation.
	297	+	17 (12) One (1) member appointed by the governor who is a member
	298	+	18 of the Indiana Motor Truck Association.
	299	+	19 (13) One (1) member appointed by the governor who represents
	300	+	20 taxpayers.
	301	+	21 (14) One (1) member of the general assembly who is a member of
	302	+	22 the majority party of the house of representatives and is appointed
	303	+	23 by the speaker of the house of representatives.
	304	+	24 (15) One (1) member of the general assembly who is a member of
	305	+	25 the minority party of the house of representatives and is appointed
	306	+	26 by the speaker of the house of representatives in consultation with
	307	+	27 the minority leader of the house of representatives.
	308	+	28 (16) One (1) member of the general assembly who is a member of
	309	+	29 the minority party of the senate and is appointed by the president
	310	+	30 pro tempore of the senate in consultation with the minority leader
	311	+	31 of the senate.
	312	+	32 (d) The budget committee shall select a member of the task force to
	313	+	33 serve as the chairperson of the task force.
	314	+	34 (e) The task force shall do the following:
	315	+	35 (1) Review state highway and major bridge needs.
	316	+	36 (2) Verify road and bridge needs at the local level.
	317	+	37 (3) Develop a long term plan for state highway and major bridge
	318	+	38 needs that addresses the ten (10) points described in subsection
	319	+	39 (g) and:
	320	+	40 (A) will achieve the recommended pavement and bridge
	321	+	41 conditions;
	322	+	42 (B) will complete the current statewide priority projects by
	323	+	SB 52—LS 6297/DI 137 8
	324	+	1 finishing projects that have been started;
	325	+	2 (C) includes Tier 1, 2, and 3 projects; and
	326	+	3 (D) using the model developed by the Indiana department of
	327	+	4 transportation, includes sustainable funding mechanisms for
	328	+	5 the various components of the plan.
	329	+	6 (4) Review the long term impact of electric and hybrid vehicles.
	330	+	7 (5) Develop a long term plan for local road and bridge needs.
	331	+	8 (6) Review the impact of repurposing vehicular traffic lanes
	332	+	9 into dedicated lanes for mass transit.
	333	+	10 (7) Review the impact of the installation of signs prohibiting
	334	+	11 a turn described in IC 9-21-3-7(b)(3)(B).
	335	+	12 (f) The long term plan for state highway and major bridge needs
	336	+	13 must provide a basis for consideration for the state biennial budget
	337	+	14 enacted for the biennium beginning July 1, 2025.
	338	+	15 (g) The long term plan for state highway and major bridge needs
	339	+	16 must include the following ten (10) points:
	340	+	17 (1) Estimates of the costs of major projects, including a study of
	341	+	18 which projects can be done within current revenue streams and
	342	+	19 which projects may require additional funding.
	343	+	20 (2) The identification of projects for which a public-private
	344	+	21 partnership, a public-private agreement, or tolling might be
	345	+	22 viable, with planning to verify and confirm these public-private
	346	+	23 partnership, public-private agreement, or tolling opportunities.
	347	+	24 (3) The identification of resources for annual maintenance needs,
	348	+	25 concentrating first on available user fees and attempting to secure
	349	+	26 stable and predictable funding sources. This must include a
	350	+	27 determination of whether additional resources must be pursued
	351	+	28 and what form of resource is most appropriate for each project.
	352	+	29 (4) A review of the state's debt situation and the development of
	353	+	30 a plan to maintain a strong financial position for the state. This
	354	+	31 must include consideration of whether a fee or tax could be
	355	+	32 associated with the life of a bond for an individual project, with
	356	+	33 the fee or tax then expiring by law upon payment of the bond.
	357	+	34 (5) The evaluation of the state system of taxes, fees, and
	358	+	35 registration fees, and the equity of payments by different groups
	359	+	36 of users of transportation assets. This must include an evaluation
	360	+	37 of the overall reliability over time of the receipt of revenue from
	361	+	38 these sources.
	362	+	39 (6) A review of the fuel tax system, including such concepts as
	363	+	40 indexing tax rates, changing tax rates, and the appropriate
	364	+	41 collection points for these taxes.
	365	+	42 (7) The ensuring that the projects listed in the plan are priority
	366	+	SB 52—LS 6297/DI 137 9
	367	+	1 items that should be carried out, and confirming that these
	368	+	2 projects bring value to citizens either through access and safety
	369	+	3 needs or for economic development of Indiana as a whole.
	370	+	4 (8) A review of the impact and advisability of dedicating some
	371	+	5 part of state sales tax to roads and road maintenance.
	372	+	6 (9) An analysis of how collective purchasing agreements could be
	373	+	7 developed to share and reduce costs across the system of state and
	374	+	8 local governments.
	375	+	9 (10) A presentation of the plan and recommendations to the
	376	+	10 budget committee before January 1, 2024. 2025.
	377	+	11 (h) The legislative services agency shall provide staff support to the
	378	+	12 task force.
	379	+	13 (i) The meetings of the task force must be held in public as provided
	380	+	14 under IC 5-14-1.5. However, the task force is permitted to meet in
	381	+	15 executive session as determined necessary by the chairperson of the
	382	+	16 task force.
	383	+	17 (j) Before December 1, 2024, the task force shall prepare and
	384	+	18 submit a report to the legislative council, in an electronic format
	385	+	19 under IC 5-14-6, that sets forth the topics reviewed by the task
	386	+	20 force and the task force's findings and recommendations.
	387	+	21 (j) (k) This SECTION expires June 30, 2024. 2025.
	388	+	22 SECTION 5. An emergency is declared for this act.
	389	+	SB 52—LS 6297/DI 137 10
293	390		COMMITTEE REPORT
294	391		Madam President: The Senate Committee on Appropriations, to
295	392		which was referred Senate Bill No. 52, has had the same under
296	393		consideration and begs leave to report the same back to the Senate with
297	394		the recommendation that said bill be AMENDED as follows:
298	395		Page 1, between the enacting clause and line 1, begin a new
299	396		paragraph and insert:
300	397		"SECTION 1. IC 36-1-3-8, AS AMENDED BY P.L.4-2023,
301	398		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
302	399		UPON PASSAGE]: Sec. 8. (a) Subject to subsection (b), a unit does
303	400		not have the following:
304	401		(1) The power to condition or limit its civil liability, except as
305	402		expressly granted by statute.
306	403		(2) The power to prescribe the law governing civil actions
307	404		between private persons.
308	405		(3) The power to impose duties on another political subdivision,
309	406		except as expressly granted by statute.
310	407		(4) The power to impose a tax, except as expressly granted by
311	408		statute.
312	409		(5) The power to impose a license fee greater than that reasonably
313	410		related to the administrative cost of exercising a regulatory power.
314	411		(6) The power to impose a service charge or user fee greater than
315	412		that reasonably related to reasonable and just rates and charges
316	413		for services.
317	414		(7) The power to regulate conduct that is regulated by a state
318	415		agency, except as expressly granted by statute.
319	416		(8) The power to prescribe a penalty for conduct constituting a
320	417		crime or infraction under statute.
321	418		(9) The power to prescribe a penalty of imprisonment for an
322	419		ordinance violation.
323	420		(10) The power to prescribe a penalty of a fine as follows:
324	421		(A) More than ten thousand dollars ($10,000) for the violation
325	422		of an ordinance or a regulation concerning air emissions
326	423		adopted by a county that has received approval to establish an
327	424		air permit program under IC 13-17-12-6.
328	425		(B) For a violation of any other ordinance:
329	426		(i) more than two thousand five hundred dollars ($2,500) for
330	427		a first violation of the ordinance; and
331	428		(ii) except as provided in subsection (c), more than seven
332	429		thousand five hundred dollars ($7,500) for a second or
333	430		subsequent violation of the ordinance.
334		-	ES 52—LS 6297/DI 137 9
	431	+	SB 52—LS 6297/DI 137 11
335	432		(11) The power to invest money, except as expressly granted by
336	433		statute.
337	434		(12) The power to adopt an ordinance, a resolution, or an order
338	435		concerning an election described by IC 3-5-1-2, or otherwise
339	436		conduct an election, except as expressly granted by statute. An
340	437		ordinance, a resolution, or an order concerning an election
341	438		described by IC 3-5-1-2 that was adopted before January 1, 2023,
342	439		is void unless a statute expressly granted the unit the power to
343	440		adopt the ordinance, resolution, or order.
344	441		(13) The power to adopt or enforce an ordinance described in
345	442		section 8.5 of this chapter.
346	443		(14) The power to take any action prohibited by section 8.6 of this
347	444		chapter.
348	445		(15) The power to dissolve a political subdivision, except:
349	446		(A) as expressly granted by statute; or
350	447		(B) if IC 36-1-8-17.7 applies to the political subdivision, in
351	448		accordance with the procedure set forth in IC 36-1-8-17.7.
352	449		(16) After June 30, 2019, the power to enact an ordinance
353	450		requiring a solid waste hauler or a person who operates a vehicle
354	451		in which recyclable material is transported for recycling to collect
355	452		fees authorized by IC 13-21 and remit the fees to:
356	453		(A) a unit; or
357	454		(B) the board of a solid waste management district established
358	455		under IC 13-21.
359	456		(17) The power to take any action prohibited by IC 36-9-44-6.
360	457		(b) A township does not have the following, except as expressly
361	458		granted by statute:
362	459		(1) The power to require a license or impose a license fee.
363	460		(2) The power to impose a service charge or user fee.
364	461		(3) The power to prescribe a penalty.
365	462		(c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
366	463		ordinance that regulates traffic or parking.".
367	464		Page 1, delete lines 5 through 6, begin a new paragraph and insert:
368	465		"Sec. 1. This chapter does not apply to:
369	466		(A) a dedicated lane for which construction is completed
370	467		before March 31, 2024; or
371	468		(B) the purple line (as defined in section 3 of this chapter).".
372	469		Page 2, between lines 1 and 2, begin a new paragraph and insert:
373	470		"Sec. 3. As used in this chapter, "purple line" means the
374	471		Indianapolis Public Transportation Corporation (IndyGo) bus
375	472		rapid transit line running primarily north-south, and along 38th
376	473		Street, between downtown Indianapolis and city of Lawrence, as
377		-	ES 52—LS 6297/DI 137 10
	474	+	SB 52—LS 6297/DI 137 12
378	475		described and mapped in the IndyGo Purple Line Rapid Transit
379	476		Indianapolis, Indiana, Small Starts Project Development Rating
380	477		Assignment by the United States Department of Transportation
381	478		Federal Transit Administration in November 2019. If the route is
382	479		renamed or a new rating assignment is submitted and it continues
383	480		to be a substantially similar route as compared to the November
384	481		2019 rating report, the definition still applies.".
385	482		Page 2, line 2, delete "Sec. 3." and insert "Sec. 4.".
386	483		Page 2, line 5, delete "Sec. 4." and insert "Sec. 5.".
387	484		Page 2, delete lines 9 through 10, begin a new paragraph and insert:
388	485		"Sec. 6. Until July 1, 2025, a unit may not adopt or enforce an
389	486		ordinance, resolution, rule, policy, or other requirement
390	487		concerning a public transportation project, including the blue line,
391	488		that seeks to:
392	489		(1) convert;
393	490		(2) restrict; or
394	491		(3) otherwise establish;
395	492		a vehicular traffic lane for use as a dedicated lane.".
396	493		Renumber all SECTIONS consecutively.
397	494		and when so amended that said bill do pass.
398	495		(Reference is to SB 52 as introduced.)
399	496		MISHLER, Chairperson
400	497		Committee Vote: Yeas 7, Nays 5.
401	498		_____
402	499		SENATE MOTION
403	500		Madam President: I move that Senate Bill 52 be amended to read as
404	501		follows:
405	502		Page 1, between the enacting clause and line 1, begin a new
406	503		paragraph and insert:
407	504		"SECTION 1. IC 9-21-3-7, AS AMENDED BY P.L.211-2023,
408	505		SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
409	506		UPON PASSAGE]: Sec. 7. (a) Whenever traffic is controlled by traffic
410	507		control signals exhibiting different colored lights or colored lighted
411	508		arrows successively, one (1) at a time or in combination, only the
412	509		colors green, red, or yellow may be used, except for special pedestrian
413	510		signals under IC 9-21-18.
414		-	ES 52—LS 6297/DI 137 11
	511	+	SB 52—LS 6297/DI 137 13
415	512		(b) The lights indicate and apply to drivers of vehicles and
416	513		pedestrians as follows:
417	514		(1) Green indication means the following:
418	515		(A) Vehicular traffic facing a circular green signal may
419	516		proceed straight through or turn right or left, unless a sign at
420	517		the place prohibits either turn.
421	518		(B) Vehicular traffic, including vehicles turning right or left,
422	519		shall yield the right-of-way to other vehicles and to pedestrians
423	520		lawfully within the intersection or an adjacent sidewalk at the
424	521		time the signal is exhibited.
425	522		(C) Vehicular traffic facing a green arrow signal, shown alone
426	523		or in combination with another indication, may cautiously
427	524		enter the intersection only to make the movement indicated by
428	525		the green arrow or other movement permitted by other
429	526		indications shown at the same time.
430	527		(D) Vehicular traffic shall yield the right-of-way to pedestrians
431	528		lawfully within an adjacent crosswalk and to other traffic
432	529		lawfully using the intersection.
433	530		(E) Unless otherwise directed by a pedestrian control signal,
434	531		pedestrians facing a green signal, except when the sole green
435	532		signal is a turn arrow, may proceed across the roadway within
436	533		a marked or unmarked crosswalk.
437	534		(2) Steady yellow indication means the following:
438	535		(A) Vehicular traffic facing a steady circular yellow or yellow
439	536		arrow signal is warned that the related green movement is
440	537		being terminated and that a red indication will be exhibited
441	538		immediately thereafter.
442	539		(B) A pedestrian facing a steady circular yellow or yellow
443	540		arrow signal, unless otherwise directed by a pedestrian control
444	541		signal, is advised that there is insufficient time to cross the
445	542		roadway before a red indication is shown, and a pedestrian
446	543		may not start to cross the roadway at that time.
447	544		(3) Steady red indication means the following:
448	545		(A) Except as provided in clauses (B) and (D), vehicular
449	546		traffic facing a steady circular red or red arrow signal shall
450	547		stop at a clearly marked stop line. However, if there is no
451	548		clearly marked stop line, vehicular traffic shall stop before
452	549		entering the crosswalk on the near side of the intersection. If
453	550		there is no crosswalk, vehicular traffic shall stop before
454	551		entering the intersection and shall remain standing until an
455	552		indication to proceed is shown.
456	553		(B) Except when a sign is in place prohibiting a turn described
457		-	ES 52—LS 6297/DI 137 12
	554	+	SB 52—LS 6297/DI 137 14
458	555		in this clause, vehicular traffic facing a steady red signal, after
459	556		coming to a complete stop, may cautiously enter the
460	557		intersection to do the following:
461	558		(i) Make a right turn.
462	559		(ii) Make a left turn if turning from the left lane or a
463	560		designated left-turn lane of a one-way street into another
464	561		one-way street with the flow of traffic.
465	562		Vehicular traffic making a turn described in this clause shall
466	563		yield the right-of-way to pedestrians lawfully within an
467	564		adjacent crosswalk and to other traffic using the intersection.
468	565		(C) Unless otherwise directed by a pedestrian control signal
469	566		pedestrians facing a steady circular red or red arrow signal
470	567		may not enter the roadway.
471	568		(D) This clause does not apply to the operation of an autocycle
472	569		or a bicycle directed by a bicycle traffic control signal under
473	570		section 8.5 of this chapter. If the operator of a motorcycle,
474	571		motor driven cycle, or bicycle approaches an intersection that
475	572		is controlled by a traffic control signal, the operator may
476	573		proceed through the intersection on a steady red signal only if
477	574		the operator:
478	575		(i) comes to a complete stop at the intersection for at least
479	576		one hundred twenty (120) seconds; and
480	577		(ii) exercises due caution as provided by law, otherwise
481	578		treats the traffic control signal as a stop sign, and determines
482	579		that it is safe to proceed.
483	580		(4) No indication or conflicting indications means the following:
484	581		(A) Except as provided in clause (C), vehicular traffic facing
485	582		an intersection having a signal that displays no indication or
486	583		conflicting indications, where no other control is present, shall
487	584		stop before entering the intersection.
488	585		(B) After stopping, vehicular traffic may proceed with caution
489	586		through the intersection and shall yield the right-of-way to
490	587		traffic within the intersection or approaching so closely as to
491	588		constitute an immediate hazard.
492	589		(C) Vehicular traffic entering an intersection or crosswalk
493	590		facing a pedestrian hybrid beacon may proceed without
494	591		stopping if no indication is displayed on the pedestrian hybrid
495	592		beacon.
496	593		(5) This subdivision applies to traffic control signals located at a
497	594		place other than an intersection. A stop required under this
498	595		subdivision must be made at the signal, except when the signal is
499	596		supplemented by a sign or pavement marking indicating where
500		-	ES 52—LS 6297/DI 137 13
	597	+	SB 52—LS 6297/DI 137 15
501	598		the stop must be made.
502	599		(c) A consolidated city may not adopt an ordinance requiring the
503	600		installation of a sign prohibiting a turn described in subsection
504	601		(b)(3)(B).
505	602		(d) Until July 1, 2025, a consolidated city may not install any
506	603		additional sign under the authority of an ordinance adopted by the
507	604		consolidated city before July 1, 2023, regarding installation of a
508	605		sign described in subsection (c).
509	606		(e) Subsection (d) does not affect a sign installed before March
510	607		31, 2024, under the authority of an ordinance adopted by the
511	608		consolidated city before July 1, 2023, regarding installation of a
512	609		sign described in subsection (c).".
513	610		Page 4, between lines 11 and 12, begin a new paragraph and insert:
514	611		"SECTION 3. P.L.201-2023, SECTION 302, IS AMENDED TO
515	612		READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: SECTION
516	613		302. (a) As used in this SECTION, "task force" refers to the funding
517	614		Indiana's roads for a stronger, safer tomorrow task force established by
518	615		subsection (b).
519	616		(b) The funding Indiana's roads for a stronger, safer tomorrow task
520	617		force is established.
521	618		(c) The task force consists of the following members:
522	619		(1) The chairperson of the house of representatives ways and
523	620		means committee.
524	621		(2) The chairperson of the senate appropriations committee.
525	622		(3) The chairperson of the senate tax and fiscal policy committee.
526	623		(4) The chairperson of the house of representatives roads and
527	624		transportation committee.
528	625		(5) The chairperson of the senate homeland security and
529	626		transportation committee.
530	627		(6) The director of the office of management and budget.
531	628		(7) The public finance director of the Indiana finance authority.
532	629		(8) One (1) member who represents counties and is appointed by
533	630		the governor after considering the recommendation of the
534	631		Association of Indiana Counties.
535	632		(9) One (1) member who represents municipalities and is
536	633		appointed by the governor after considering the recommendation
537	634		of Accelerate Indiana Municipalities.
538	635		(10) One (1) member appointed by the governor after considering
539	636		the recommendation of the Build Indiana Council.
540	637		(11) One (1) member appointed by the governor who is an
541	638		employee of the Indiana department of transportation.
542	639		(12) One (1) member appointed by the governor who is a member
543		-	ES 52—LS 6297/DI 137 14
	640	+	SB 52—LS 6297/DI 137 16
544	641		of the Indiana Motor Truck Association.
545	642		(13) One (1) member appointed by the governor who represents
546	643		taxpayers.
547	644		(14) One (1) member of the general assembly who is a member of
548	645		the majority party of the house of representatives and is appointed
549	646		by the speaker of the house of representatives.
550	647		(15) One (1) member of the general assembly who is a member of
551	648		the minority party of the house of representatives and is appointed
552	649		by the speaker of the house of representatives in consultation with
553	650		the minority leader of the house of representatives.
554	651		(16) One (1) member of the general assembly who is a member of
555	652		the minority party of the senate and is appointed by the president
556	653		pro tempore of the senate in consultation with the minority leader
557	654		of the senate.
558	655		(d) The budget committee shall select a member of the task force to
559	656		serve as the chairperson of the task force.
560	657		(e) The task force shall do the following:
561	658		(1) Review state highway and major bridge needs.
562	659		(2) Verify road and bridge needs at the local level.
563	660		(3) Develop a long term plan for state highway and major bridge
564	661		needs that addresses the ten (10) points described in subsection
565	662		(g) and:
566	663		(A) will achieve the recommended pavement and bridge
567	664		conditions;
568	665		(B) will complete the current statewide priority projects by
569	666		finishing projects that have been started;
570	667		(C) includes Tier 1, 2, and 3 projects; and
571	668		(D) using the model developed by the Indiana department of
572	669		transportation, includes sustainable funding mechanisms for
573	670		the various components of the plan.
574	671		(4) Review the long term impact of electric and hybrid vehicles.
575	672		(5) Develop a long term plan for local road and bridge needs.
576	673		(6) Review the impact of repurposing vehicular traffic lanes
577	674		into dedicated lanes for mass transit.
578	675		(7) Review the impact of the installation of signs prohibiting
579	676		a turn described in IC 9-21-3-7(b)(3)(B).
580	677		(f) The long term plan for state highway and major bridge needs
581	678		must provide a basis for consideration for the state biennial budget
582	679		enacted for the biennium beginning July 1, 2025.
583	680		(g) The long term plan for state highway and major bridge needs
584	681		must include the following ten (10) points:
585	682		(1) Estimates of the costs of major projects, including a study of
586		-	ES 52—LS 6297/DI 137 15
	683	+	SB 52—LS 6297/DI 137 17
587	684		which projects can be done within current revenue streams and
588	685		which projects may require additional funding.
589	686		(2) The identification of projects for which a public-private
590	687		partnership, a public-private agreement, or tolling might be
591	688		viable, with planning to verify and confirm these public-private
592	689		partnership, public-private agreement, or tolling opportunities.
593	690		(3) The identification of resources for annual maintenance needs,
594	691		concentrating first on available user fees and attempting to secure
595	692		stable and predictable funding sources. This must include a
596	693		determination of whether additional resources must be pursued
597	694		and what form of resource is most appropriate for each project.
598	695		(4) A review of the state's debt situation and the development of
599	696		a plan to maintain a strong financial position for the state. This
600	697		must include consideration of whether a fee or tax could be
601	698		associated with the life of a bond for an individual project, with
602	699		the fee or tax then expiring by law upon payment of the bond.
603	700		(5) The evaluation of the state system of taxes, fees, and
604	701		registration fees, and the equity of payments by different groups
605	702		of users of transportation assets. This must include an evaluation
606	703		of the overall reliability over time of the receipt of revenue from
607	704		these sources.
608	705		(6) A review of the fuel tax system, including such concepts as
609	706		indexing tax rates, changing tax rates, and the appropriate
610	707		collection points for these taxes.
611	708		(7) The ensuring that the projects listed in the plan are priority
612	709		items that should be carried out, and confirming that these
613	710		projects bring value to citizens either through access and safety
614	711		needs or for economic development of Indiana as a whole.
615	712		(8) A review of the impact and advisability of dedicating some
616	713		part of state sales tax to roads and road maintenance.
617	714		(9) An analysis of how collective purchasing agreements could be
618	715		developed to share and reduce costs across the system of state and
619	716		local governments.
620	717		(10) A presentation of the plan and recommendations to the
621	718		budget committee before January 1, 2024. 2025.
622	719		(h) The legislative services agency shall provide staff support to the
623	720		task force.
624	721		(i) The meetings of the task force must be held in public as provided
625	722		under IC 5-14-1.5. However, the task force is permitted to meet in
626	723		executive session as determined necessary by the chairperson of the
627	724		task force.
628	725		(j) Before December 1, 2024, the task force shall prepare and
629		-	ES 52—LS 6297/DI 137 16
	726	+	SB 52—LS 6297/DI 137 18
630	727		submit a report to the legislative council, in an electronic format
631	728		under IC 5-14-6, that sets forth the topics reviewed by the task
632	729		force and the task force's findings and recommendations.
633	730		(j) (k) This SECTION expires June 30, 2024. 2025.".
634	731		Renumber all SECTIONS consecutively.
635	732		(Reference is to SB 52 as printed January 23, 2024.)
636	733		FREEMAN
637		-	_____
638		-	COMMITTEE REPORT
639		-	Mr. Speaker: Your Committee on Roads and Transportation, to
640		-	which was referred Senate Bill 52, has had the same under
641		-	consideration and begs leave to report the same back to the House with
642		-	the recommendation that said bill be amended as follows:
643		-	Page 1, between the enacting clause and line 1, begin a new
644		-	paragraph and insert:
645		-	"SECTION 1. IC 9-19-5-8 IS ADDED TO THE INDIANA CODE
646		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
647		-	1, 2024]: Sec. 8. (a) This section applies to a passenger bus
648		-	operating in a consolidated city that travels on a dedicated lane (as
649		-	defined in IC 36-9-44-4) in the opposite direction of the flow of
650		-	traffic.
651		-	(b) A passenger bus must be equipped with a horn or bell that
652		-	meets the requirements of section 1 of this chapter.
653		-	(c) The driver of a passenger bus must sound the horn or bell
654		-	required under subsection (b) when the passenger bus is
655		-	approaching an intersection to alert pedestrians.".
656		-	Page 6, line 23, delete "unit" and insert "consolidated city".
657		-	Page 6, delete lines 31 through 42, begin a new paragraph and
658		-	insert:
659		-	"SECTION 5. [EFFECTIVE UPON PASSAGE] (a) The legislative
660		-	council is urged to assign to the interim study committee on roads
661		-	and transportation the following topics for study during the 2024
662		-	legislative interim:
663		-	(1) Review the impact of repurposing vehicular traffic lanes
664		-	into dedicated lanes for mass transit.
665		-	(2) Review the impact of the installation of signs prohibiting
666		-	a turn described in IC 9-21-3-7(b)(3)(B).
667		-	(b) This SECTION expires July 1, 2025.".
668		-	Delete pages 7 through 8.
669		-	ES 52—LS 6297/DI 137 17
670		-	Page 9, delete lines 1 through 21.
671		-	Renumber all SECTIONS consecutively.
672		-	and when so amended that said bill do pass.
673		-	(Reference is to SB 52 as reprinted January 26, 2024.)
674		-	PRESSEL
675		-	Committee Vote: yeas 9, nays 4.
676		-	ES 52—LS 6297/DI 137
	734	+	SB 52—LS 6297/DI 137