Introduced Version






HOUSE BILL No. 1108

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 8-23; IC 36-1-4-6.5.

Synopsis: Roadside memorials. Requires the department of transportation (INDOT) to erect uniform roadside memorials to memorialize the victims of fatal vehicular traffic accidents. Requires a local governmental unit that erects memorials to conform to the standards of INDOT.

Effective: July 1, 2009.





Tincher




    January 8, 2009, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 116th General Assembly (2009)


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.
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HOUSE BILL No. 1108



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

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-23-1-42.6; (09)IN1108.1.1. -->     SECTION 1. IC 8-23-1-42.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 42.6. "Uniform roadside memorial" means a marker designed and erected under IC 8-23-5-10.
SOURCE: IC 8-23-5-10; (09)IN1108.1.2. -->     SECTION 2. IC 8-23-5-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) The department shall erect uniform roadside memorials within the right-of-way alongside the state highway system to:
        (1) memorialize the victims of fatal vehicular traffic accidents; and
        (2) serve as a reminder to others of the duty to drive in a safe and unimpaired manner.
    (b) A request to erect a uniform roadside memorial must be made by a member of the decedent's immediate family.
    (c) A uniform roadside memorial higher than ground level may remain in place not longer than one (1) year.
    (d) 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.
    (e) The department shall remove roadside memorials that are not erected or sanctioned by the department.
    (f) The department may consult and cooperate with the office of traffic safety established by IC 9-27-2-2 to carry out this section.
    (g) The department may accept grants or gifts made to carry out the purpose of this section.

SOURCE: IC 36-1-4-6.5; (09)IN1108.1.3. -->     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, 2009]: Sec. 6.5. (a) A unit may erect uniform roadside memorials within the right-of-way alongside highways, streets, or roads within the unit's jurisdiction to:
        (1) memorialize the victims of fatal vehicular traffic accidents; and
        (2) serve as a reminder to others of the duty to drive in a safe and unimpaired manner.
    (b) If a unit erects uniform roadside memorials under subsection (a), the uniform roadside memorials must conform to the:
        (1) requirements for; and
        (2) specifications of;
uniform roadside memorials erected by the Indiana department of transportation as set forth in IC 8-23-5-10.