Indiana-2010-HB1125-Enrolled

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 ~~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 2009 Regular and Special Sessions of the General Assembly.

HOUSE ENROLLED ACT No. 1125

AN ACT to amend the Indiana Code concerning transportation.

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

    SECTION 1. IC 8-23-8-10, AS ADDED BY P.L.182-2009(ss), SECTION 279, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section, "designated highway" refers to the highway designated as a limited access facility under subsection (b).
    (b) The department shall designate and do all acts necessary to establish the part of State Road 331 in St. Joseph County from the U.S. Highway 20 bypass to State Road 23 as a limited access facility. The designated highway shall be in operation as a limited access facility beginning not later than January 1, 2009.
    (c) Neither the department nor any political subdivision may authorize any additional curb cuts or intersections after January 1, 2009, on the designated highway. The department shall limit intersections on the designated highway to the following locations:
        (1) U.S. Highway 20 bypass.
         (2) Ireland Road.
        ~~(2)~~ (3) Dragoon Trail.
        ~~(3)~~ (4) Twelfth Street (also known as Harrison Road).
        ~~(4)~~ (5) Indiana 933 (also known as Lincoln Way).
        ~~(5)~~ (6) Jefferson Boulevard.
        ~~(6)~~ (7) McKinley Highway.
        ~~(7)~~ (8) Day Road.

         (9) Douglas Road.
        ~~(8)~~ (10) Cleveland Road.
        (11) Joseph D. Zappia Boulevard directly across from the Indiana Toll Road interchange.
        ~~(9)~~ (12) State Road 23.
     (d) No traffic signal may be erected at the intersection described in subsection (c)(2).

SOURCE: IC 36-4-3-2.2; (10)HE1125.1.2. -->     SECTION 2. IC 36-4-3-2.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2.2. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter or an annexation described in section 5.1 of this chapter.
    (b) Before a municipality may annex territory, the municipality shall provide written notice of the hearing required under section 2.1 of this chapter. Except as provided in subsection ~~(e),~~ (f), the notice must be sent by certified mail at least sixty (60) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.
     (c) For purposes of an annexation of territory described in section 2.5 of this chapter, if the hearing required under section 2.1 of this chapter is conducted after June 30, 2010, the notice required by this section must also be sent to each owner of real property, as shown on the county auditor's current tax list, whose real property is adjacent to contiguous areas of rights-of-way of the public highway that are only included in the annexation of territory by operation of IC 36-4-3-2.5 on the side of the public highway that is not part of the annexed territory.
    ~~(c)~~ (d) The notice required by this section must include the following:
        (1) A legal description of the real property proposed to be annexed.
        (2) The date, time, location, and subject of the hearing.
        (3) A map showing the current municipal boundaries and the proposed municipal boundaries.
        (4) Current zoning classifications for the area proposed to be annexed and any proposed zoning changes for the area proposed to be annexed.
        (5) A detailed summary of the fiscal plan described in section 13 of this chapter.
        (6) The location where the public may inspect and copy the fiscal plan.

        (7) A statement that the municipality will provide a copy of the fiscal plan after the fiscal plan is adopted immediately to any landowner in the annexed territory who requests a copy.
        (8) The name and telephone number of a representative of the municipality who may be contacted for further information.
    ~~(d)~~ (e) If the municipality complies with this section, the notice is not invalidated if the owner does not receive the notice.
    ~~(e)~~ (f) This subsection applies to an annexation under section 3 or 4 of this chapter in which all property owners within the area to be annexed provide written consent to the annexation. The written notice described in this section must be sent by certified mail not later than twenty (20) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.