Bill Text: IN SB0105 | 2010 | Regular Session | Introduced
Bill Title: Public hearing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Homeland Security and Transportation & Veterans Affairs [SB0105 Detail]
Download: Indiana-2010-SB0105-Introduced.html
Introduced Version
SENATE BILL No. 105
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-23-2-17.
Synopsis: Public hearing. Requires a public hearing when a proposed
project to construct or improve a state highway will restrict access to
at least one business for at least five consecutive business days.
Effective: July 1, 2010.
Paul
January 5, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
Introduced
Second Regular Session 116th General Assembly (2010)
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
SENATE BILL No. 105
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-23-2-17; (10)IN0105.1.1. -->
SECTION 1. IC 8-23-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 17. (a) As used in this
section, "public hearing" means an assembly or a meeting by the
department for the purpose of:
(1) providing information early in the process of making decisions affecting proposed highway or bridge construction or improvement projects on a county arterial highway system or the state highway system so that the public can have an impact on the decision outcome, including a meeting in which the public is provided information, opportunity for review and comment, and an accounting for the rationale for a proposed project; or
(2) complying with 23 U.S.C. 128 and 49 U.S.C. 1602(d) requirements in considering economic, social, environmental, and other effects of highway projects and proposals.
(b) Except as provided in subsection (c), the department may conduct a public hearing for the purposes described in subsection (a)(1).
(c) A public hearing for the purposes described in subsection (a)(1) must be held when a proposed project to construct or improve a state highway will restrict access to at least one (1) business for at least five (5) consecutive business days. Notice of the public hearing must be given at least fourteen (14) days before the public hearing in accordance with IC 5-14-1.5-5.
(b) (d) Whenever the department holds a public hearing, the
department shall allow any person an opportunity to be heard in the
presence of others who are present to testify and in accordance with
subsection (c). (e).
(c) (e) The department, through the commissioner or the
commissioner's designee, may limit testimony at a public hearing to a
reasonable time stated at the opening of the public hearing.
(1) providing information early in the process of making decisions affecting proposed highway or bridge construction or improvement projects on a county arterial highway system or the state highway system so that the public can have an impact on the decision outcome, including a meeting in which the public is provided information, opportunity for review and comment, and an accounting for the rationale for a proposed project; or
(2) complying with 23 U.S.C. 128 and 49 U.S.C. 1602(d) requirements in considering economic, social, environmental, and other effects of highway projects and proposals.
(b) Except as provided in subsection (c), the department may conduct a public hearing for the purposes described in subsection (a)(1).
(c) A public hearing for the purposes described in subsection (a)(1) must be held when a proposed project to construct or improve a state highway will restrict access to at least one (1) business for at least five (5) consecutive business days. Notice of the public hearing must be given at least fourteen (14) days before the public hearing in accordance with IC 5-14-1.5-5.
