7 | 6 | | Citations Affected: IC 8-14; IC 8-23; IC 36-9. |
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8 | 7 | | Synopsis: Low water crossings. Authorizes a local county road and |
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9 | 8 | | bridge board to undertake low water crossing projects. Requires the |
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10 | 9 | | commissioner of the department of transportation (department) to |
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11 | 10 | | ensure that the department makes information available to county |
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12 | 11 | | boards of commissioners and county highway departments about |
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13 | 12 | | funding from federal and private sources that might be available to the |
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14 | 13 | | counties for low water crossing projects. Amends the law on the local |
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15 | 14 | | road and bridge matching grant fund: (1) to allow grants to local units |
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16 | 15 | | to be used for low water crossing projects; and (2) to provide that funds |
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17 | 16 | | allocated for grants to local units having a population of less than |
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18 | 17 | | 50,000 can be used to make grants to counties below the population |
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19 | 18 | | limit as well as to municipalities located in counties that are below the |
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20 | 19 | | population limit. |
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21 | 20 | | Effective: July 1, 2025. |
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22 | 21 | | Patterson, Zimmerman, Criswell, |
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23 | 22 | | Bascom |
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27 | | - | January 29, 2025, read second time, ordered engrossed. |
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28 | | - | January 30, 2025, engrossed. Read third time, passed. Yeas 91, nays 0. |
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29 | | - | SENATE ACTION |
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30 | | - | February 19, 2025, read first time and referred to Committee on Homeland Security and |
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31 | | - | Transportation. |
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32 | | - | March 11, 2025, reported favorably — Do Pass; reassigned to Committee on |
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33 | | - | Appropriations. |
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34 | | - | EH 1507—LS 7243/DI 137 March 12, 2025 |
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| 25 | + | HB 1507—LS 7243/DI 137 January 27, 2025 |
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35 | 26 | | First Regular Session of the 124th General Assembly (2025) |
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36 | 27 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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37 | 28 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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38 | 29 | | additions will appear in this style type, and deletions will appear in this style type. |
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39 | 30 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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40 | 31 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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41 | 32 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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42 | 33 | | a new provision to the Indiana Code or the Indiana Constitution. |
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43 | 34 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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44 | 35 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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46 | 36 | | HOUSE BILL No. 1507 |
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47 | 37 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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48 | 38 | | transportation. |
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49 | 39 | | Be it enacted by the General Assembly of the State of Indiana: |
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50 | 40 | | 1 SECTION 1. IC 8-14-9-2.5 IS ADDED TO THE INDIANA CODE |
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51 | 41 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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52 | 42 | | 3 1, 2025]: Sec. 2.5. (a) As used in this chapter, "low water crossing" |
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53 | 43 | | 4 means a public road waterway crossing: |
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54 | 44 | | 5 (1) other than a bridge where construction improvements |
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55 | 45 | | 6 have been made in the stream, river, or lake bed to provide a |
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56 | 46 | | 7 firm surface for vehicles to travel across the water course; |
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57 | 47 | | 8 and |
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58 | 48 | | 9 (2) that is designed and constructed to be passable to traffic |
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59 | 49 | | 10 most of the year during periods of ordinary stream flow but |
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60 | 50 | | 11 are impassable to traffic during periods of high water. |
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61 | 51 | | 12 (b) As used in this chapter, "low water crossing project" means |
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62 | 52 | | 13 a project that may consist of one (1) or more of the following: |
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63 | 53 | | 14 (1) Installing appropriate road signs to warn vehicle drivers |
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64 | 54 | | 15 as they approach a low water crossing. |
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65 | 55 | | 16 (2) Replacing damaged, undersized, perched, and blocked |
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66 | 56 | | 17 road structures in a low water crossing with structures that |
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68 | 58 | | 1 will accommodate a greater quantity of stream flow under the |
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69 | 59 | | 2 road. |
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70 | 60 | | 3 (3) Replacing a low water crossing with a bridge. |
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71 | 61 | | 4 SECTION 2. IC 8-14-9-5 IS AMENDED TO READ AS FOLLOWS |
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72 | 62 | | 5 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) Whenever the local county |
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73 | 63 | | 6 road and bridge board determines that it is necessary for the general |
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74 | 64 | | 7 welfare of the persons residing within the local county road and bridge |
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75 | 65 | | 8 district and that it will be of public utility and benefit to the property in |
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76 | 66 | | 9 the district to carry out: |
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77 | 67 | | 10 (1) a project of construction, reconstruction, or operation: |
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78 | 68 | | 11 (A) of roads; or |
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79 | 69 | | 12 (B) of bridges; or |
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80 | 70 | | 13 (C) of both roads and bridges; or |
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81 | 71 | | 14 (2) a low water crossing project; |
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82 | 72 | | 15 within the district, the board shall adopt a resolution stating the |
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83 | 73 | | 16 necessity of the project and the intent of the district to proceed with the |
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84 | 74 | | 17 project. |
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85 | 75 | | 18 (b) As a part of the resolution, the local county road and bridge |
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86 | 76 | | 19 board shall: |
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87 | 77 | | 20 (1) adopt preliminary or final plans and specifications for the |
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88 | 78 | | 21 entire project; and |
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89 | 79 | | 22 (2) determine the estimated cost of all work and all acquisitions |
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90 | 80 | | 23 necessary to carry out the project. |
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91 | 81 | | 24 SECTION 3. IC 8-23-23-6 IS ADDED TO THE INDIANA CODE |
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92 | 82 | | 25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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93 | 83 | | 26 1, 2025]: Sec. 6. The commissioner shall ensure that the department |
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94 | 84 | | 27 makes information available to county boards of commissioners |
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95 | 85 | | 28 and county highway departments about funding from federal and |
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96 | 86 | | 29 private sources that might be available to the counties for projects |
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97 | 87 | | 30 involving the reconstruction or replacement of low water crossings |
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98 | 88 | | 31 (as defined in IC 8-23-30-1(d)), including the following: |
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99 | 89 | | 32 (1) The federal Surface Transportation Block Grant Program |
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100 | 90 | | 33 (23 U.S.C. 133). |
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101 | 91 | | 34 (2) The United States Fish and Wildlife Service. |
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102 | 92 | | 35 SECTION 4. IC 8-23-30-1, AS ADDED BY P.L.146-2016, |
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103 | 93 | | 36 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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104 | 94 | | 37 JULY 1, 2025]: Sec. 1. (a) The following definitions apply throughout |
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105 | 95 | | 38 As used in this chapter, (1) "eligible project" means either of the |
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106 | 96 | | 39 following: |
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107 | 97 | | 40 (1) A project: |
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108 | 98 | | 41 (A) that is undertaken by a local unit; |
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109 | 99 | | 42 (B) that repairs or increases the capacity of local roads and |
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111 | 101 | | 1 bridges; and |
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112 | 102 | | 2 (C) that is part of the local unit's transportation asset |
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113 | 103 | | 3 management plan. |
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114 | 104 | | 4 (2) A project that: |
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115 | 105 | | 5 (A) is undertaken by a local unit; and |
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116 | 106 | | 6 (B) reduces the risk to human life from low water |
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117 | 107 | | 7 crossings. |
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118 | 108 | | 8 (2) (b) As used in this chapter, "fund" refers to the local road and |
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119 | 109 | | 9 bridge matching grant fund established by section 2 of this chapter. |
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120 | 110 | | 10 (3) (c) As used in this chapter, "local unit" means a county or |
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121 | 111 | | 11 municipality. |
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122 | 112 | | 12 (d) As used in this chapter, "low water crossing" means a public |
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123 | 113 | | 13 road waterway crossing: |
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124 | 114 | | 14 (1) other than a bridge where construction improvements |
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125 | 115 | | 15 have been made in the stream, river, or lake bed to provide a |
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126 | 116 | | 16 firm surface for vehicles to travel across the water course; |
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127 | 117 | | 17 and |
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128 | 118 | | 18 (2) that is designed and constructed to be passable to traffic |
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129 | 119 | | 19 most of the year during periods of ordinary stream flow but |
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130 | 120 | | 20 are impassable to traffic during periods of high water. |
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131 | 121 | | 21 (4) (e) As used in this chapter, "transportation asset management |
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132 | 122 | | 22 plan" includes planning for drainage systems and rights-of-way that |
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133 | 123 | | 23 affect transportation assets. |
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134 | 124 | | 24 SECTION 5. IC 8-23-30-1.5 IS ADDED TO THE INDIANA CODE |
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135 | 125 | | 25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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136 | 126 | | 26 1, 2025]: Sec. 1.5. A project described in section 1(a)(2) of this |
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137 | 127 | | 27 chapter may consist of one (1) or more of the following: |
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138 | 128 | | 28 (1) Installing appropriate road signs to warn vehicle drivers |
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139 | 129 | | 29 as they approach low water crossings. |
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140 | 130 | | 30 (2) Replacing damaged, undersized, perched, and blocked |
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141 | 131 | | 31 road structures with structures that will accommodate a |
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142 | 132 | | 32 greater quantity of stream flow under the road. |
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143 | 133 | | 33 (3) Replacing low water crossings with bridges. |
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144 | 134 | | 34 SECTION 6. IC 8-23-30-5, AS ADDED BY P.L.146-2016, |
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145 | 135 | | 35 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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146 | 136 | | 36 JULY 1, 2025]: Sec. 5. In the evaluation of an application for a grant |
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147 | 137 | | 37 applications for grants from the fund for projects described in |
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148 | 138 | | 38 section 1(a) of this chapter, the department shall give preference to |
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149 | 139 | | 39 projects that are anticipated by the department to have the greatest |
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150 | 140 | | 40 regional economic significance for the region in which the local unit is |
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151 | 141 | | 41 located. |
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152 | 142 | | 42 SECTION 7. IC 8-23-30-7, AS AMENDED BY P.L.218-2017, |
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154 | 144 | | 1 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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155 | 145 | | 2 JULY 1, 2025]: Sec. 7. The department shall allocate at least fifty |
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156 | 146 | | 3 percent (50%) of the amount available to the department to make |
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157 | 147 | | 4 grants in a state fiscal year to: |
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158 | 148 | | 5 (1) local units that are counties having a population of less |
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159 | 149 | | 6 than fifty thousand (50,000); and |
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160 | 150 | | 7 (2) local units that are municipalities located in counties having |
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161 | 151 | | 8 a population of less than fifty thousand (50,000). |
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162 | 152 | | 9 SECTION 8. IC 36-9-42.2-4.5, AS ADDED BY P.L.218-2017, |
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163 | 153 | | 10 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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164 | 154 | | 11 JULY 1, 2025]: Sec. 4.5. As used in this chapter, "transportation asset |
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165 | 155 | | 12 management plan" has the meaning set forth in IC 8-23-30-1(4). |
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166 | 156 | | 13 IC 8-23-30-1(e). |
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176 | | - | _____ |
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177 | | - | COMMITTEE REPORT |
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178 | | - | Mr. President: The Senate Committee on Homeland Security and |
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179 | | - | Transportation, to which was referred House Bill No. 1507, has had the |
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180 | | - | same under consideration and begs leave to report the same back to the |
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181 | | - | Senate with the recommendation that said bill DO PASS and be |
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182 | | - | reassigned to the Senate Committee on Appropriations. |
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183 | | - | (Reference is to HB 1507 as printed January 27, 2025.) |
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184 | | - | CRIDER, Chairperson |
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185 | | - | Committee Vote: Yeas 8, Nays 0 |
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186 | | - | EH 1507—LS 7243/DI 137 |
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| 166 | + | HB 1507—LS 7243/DI 137 |
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