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Citations Affected: IC 8-23; IC 36-1.

Synopsis: Uniform roadside memorials. Requires the department of transportation (INDOT) to erect uniform roadside memorials. Requires a local governmental unit that erects memorials to conform to the standards of INDOT.

Effective: July 1, 2003.

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Cheney , Bosma

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    January 7, 2003, read first time and referred to Committee on Roads and Transportation.
    January 21, 2003, reported _ Do Pass.
    January 23, 2003, read second time, amended, ordered engrossed.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning utilities and transportation.

SOURCE: IC 8-23-1-42.5; (03)HB1110.2.1. -->     SECTION 1. IC 8-23-1-42.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 42.5. "Uniform roadside memorial" means a marker designed and erected under IC 8-23-5-9.

SOURCE: IC 8-23-5-9; (03)HB1110.2.2. -->     SECTION 2. IC 8-23-5-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The department shall erect uniform roadside memorials within the right-of-way alongside the state highway system to:
        (1) commemorate the victims of fatal vehicular traffic accidents;
        (2) serve as a reminder to others of the duty to drive in a safe manner; and
        (3) honor public safety workers killed in the line of duty on the state highway system.
    (b) A request to remove or prevent placement of a uniform roadside memorial must be made by a member of the decedent's

immediate family.
    (c) The department may adopt rules under IC 4-22-2 for the:
        (1) application process for;
        (2) size of;
        (3) design of;
        (4) construction of; and
        (5) placement, including length of time for display, of;
uniform roadside memorials, with regard to the safety of vehicle operators, pedestrians, and employees and contractors of the department.
    (d) The department shall remove roadside memorials that are not erected by the department.
    (e) The department may consult and cooperate with the office of traffic safety established by IC 9-27-2-2 to carry out this section.
    (f) The department may accept grants or gifts made to carry out the purpose of this section.

SOURCE: IC 36-1-4-6.5; (03)HB1110.2.3. -->     SECTION 3. IC 36-1-4-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6.5. (a) As used in this chapter, "uniform roadside memorial" has the meaning set forth in IC 8-23-1-42.5.
    (b) A unit may erect uniform roadside memorials to:
        (1) commemorate the victims of vehicular traffic accidents;
        (2) serve as a reminder to others of the duty to drive in a safe manner; and
        (3) honor public safety workers killed in the line of duty on the unit's road or street system.
    (c) If the unit erects uniform roadside memorials under subsection (b), the uniform roadside memorials must conform to the:
        (1) requirements for; and
        (2) specifications of;
uniform roadside memorials erected by the department of transportation as set forth in IC 8-23-5-9.