Bill Text: IN SB0027 | 2012 | Regular Session | Introduced
Bill Title: State highway closings.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Local Government [SB0027 Detail]
Download: Indiana-2012-SB0027-Introduced.html
Citations Affected: IC 8-23-2-19.
Synopsis: State highway closings. Provides that the Indiana
department of transportation, before letting a contract for a proposed
project that would construct or improve a state highway and require the
closure of the state highway for at least five consecutive days, is
required to provide notice of the proposed project to governmental
bodies serving the area affected by the proposed highway closure.
Authorizes a governmental body, within 30 days after being notified,
to submit written objections to the proposed project to the department.
Requires the department, if it receives written objections, to respond to
the written objections at a regularly scheduled meeting of a
governmental body serving the area affected by the proposed highway
closure.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Local Government.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
(1) construct or improve a state highway; and
(2) require the closure of the state highway for at least five (5) consecutive days.
(b) Before letting a contract described in subsection (a), the department shall provide written notice of the proposed project to the following:
(1) The county executive of the county in which the proposed highway closure is located.
(2) The executive of a municipality that satisfies either of the following:
(A) The municipality is the municipality in which the proposed highway closure is located.
(B) The municipality is the nearest municipality to the
proposed highway closure in the case of a closure
occurring in an unincorporated area.
(3) The appropriate recipient, if any, among the following:
(A) The executive of a township providing fire protection
services to the area affected by the proposed highway
closure.
(B) The board of fire trustees of a fire protection district
providing fire protection services to the area affected by
the proposed highway closure.
(C) The executive of the provider unit of a fire protection
territory providing fire protection services to the area
affected by the proposed highway closure.
(4) The director of any local emergency management
organization serving the area affected by the proposed
highway closure.
(c) A governmental body that receives notice of a proposed
project under subsection (b) may object to the proposed highway
closure by submitting the reasons for the governmental body's
objections to the department in writing within thirty (30) days
after receiving the notice.
(d) The department shall respond to an objection received under
subsection (c) at a regularly scheduled meeting of one (1) of the
following:
(1) The board of commissioners of the county in which the
proposed highway closure is located.
(2) The fiscal body of the county in which the proposed
highway closure is located.
(3) The fiscal body of the appropriate municipality described
in subsection (b)(2).
(e) The department may alter a proposed project described in
subsection (a) to mitigate the effects of the proposed highway
closure. However, the department's decisions under this section:
(1) are final; and
(2) are not subject to judicial review.
