IC 8-23-2
Chapter 2. Indiana Department of Transportation
IC 8-23-2-1 Establishment of department
Sec. 1. The Indiana department of transportation is established. As added by P.L.112-1989, SEC.5.
IC 8-23-2-2 Commissioner; appointment; compensation
Sec. 2. (a) The governor shall appoint a commissioner who is
responsible for organizing and administering the department.
(b) The commissioner:
(1) serves at the pleasure of the governor; and
(2) is entitled to receive compensation set by the budget agency. As added by P.L.112-1989, SEC.5.
IC 8-23-2-3 Employees; conditions of employment; highway district managers
and subdistrict superintendents; chief highway engineer; bond;
oath
Sec. 3. (a) The department may hire qualified individuals to carry
out its responsibilities subject to the budget agency's approval under
IC 4-12-1-13 and may prescribe their terms and conditions of
employment subject to this section.
(b) All employees of the department whose duties require
specialized knowledge or skill, acquired by professional or technical
education, training, and experience:
(1) shall be employed solely on the basis of ability, taking into
account their qualifications to perform the duties of their
positions;
(2) shall be employed regardless of political affiliation;
(3) may not be appointed, promoted, reduced, removed, or in
any way favored or discriminated against because of their
political affiliation, race, religion, color, sex, national origin, or
ancestry;
(4) are ineligible to hold, or be a candidate for, elected office
(as defined in IC 3-5-2-17) while employed by the department,
except as provided in subsection (h);
(5) may not solicit or receive political contributions;
(6) may not be required to make contributions for or participate
in political activities;
(7) shall be employed on a six (6) month probationary period,
with a written evaluation prepared after five (5) months of
service by their immediate supervisor for the commissioner to
determine if employment should continue beyond the
probationary period; and
(8) shall be evaluated annually in writing by their immediate
supervisor for the purpose of advising the commissioner as to
whether the employees should remain in their positions.
(c) Highway district managers are and subdistrict superintendents
are not subject to subsection (b). A person may not be employed by
the department as a highway subdistrict superintendent unless the
person has received training or experience in maintaining or
constructing roads, highways, and bridges. Highway subdistrict
superintendents shall devote full time to the performance of their
duties. Highway district managers serve at the pleasure of the
commissioner but upon reassignment shall be retained in a position
of equal or higher job classification within the department. However,
the employee may elect to serve in the next lower job classification
within the same district.
(d) The appointment or dismissal of the chief highway engineer
for the department is at the discretion of the commissioner. The chief
highway engineer must be a registered professional engineer and
must be a graduate civil engineer or have at least ten (10) years of
experience in highway engineering.
(e) All employees of the department are subject to IC 4-15-1.8 and
the rules that implement IC 4-15-1.8.
(f) Subject to this section:
(1) all employees of the department are subject to demotion,
discipline, dismissal, or transfer at the discretion of the
commissioner; and
(2) cause for demotion, dismissal, discipline, or transfer may
include but is not limited to failure to satisfactorily effectuate
the department's transportation plan and work programs.
(g) The commissioner may:
(1) require an employee or agent of the department to execute
and furnish a bond conditioned upon the faithful discharge and
performance of the duties of the employee or agent and the
accurate accounting of public funds that come into the
employee's or agent's control or custody; and
(2) prescribe an oath of employment for an employee or agent
of the department.
(h) Employees described in subsection (b) may:
(1) be candidates for:
(A) school board office (as defined in IC 3-5-2-45); or
(B) precinct committeeman or state convention delegate;
and serve in that office if elected; and
(2) be appointed to an office described in subdivision (1) and
serve in that office if appointed. As added by P.L.112-1989, SEC.5. Amended by P.L.5-1989, SEC.77.
IC 8-23-2-4
Repealed
(Repealed by P.L.1-1991, SEC.82.)
IC 8-23-2-4.1 Department responsibilities; activities
Sec. 4.1. The department is responsible for the following
activities:
(1) The identification, development, coordination, and
implementation of the state's transportation policies.
(2) The approval of applications for federal transportation
grants from funds allocated to the state:
(A) from the Highway Trust Fund (23 U.S.C.);
(B) from the Aviation Trust Fund (49 U.S.C.);
(C) through the Federal Transit Administration (49 U.S.C.
5301 et seq.); or
(D) from any other federal grant that has a transportation
component.
(3) The review, revision, adoption, and submission of budget
proposals.
(4) The construction, reconstruction, improvement,
maintenance, and repair of:
(A) state highways; and
(B) a toll road project or toll bridge in accordance with a
contract or lease entered into with the Indiana finance
authority under IC 8-9.5-8-7 or IC 8-9.5-8-8.
(5) The administration of programs as required by law,
including the following:
(A) IC 8-3-1 (railroads).
(B) IC 8-3-1.5 (rail preservation).
(C) IC 8-21-1 (aeronautics).
(D) IC 8-21-9 (airports).
(E) IC 8-21-11 (aviation development program). As added by P.L.1-1991, SEC.83. Amended by P.L.14-2003, SEC.1;
P.L.235-2005, SEC.122.
IC 8-23-2-5 Department duties
Sec. 5. (a) The department, through the commissioner or the
commissioner's designee, shall:
(1) develop, continuously update, and implement:
(A) long range comprehensive transportation plans;
(B) work programs; and
(C) budgets;
to assure the orderly development and maintenance of an
efficient statewide system of transportation;
(2) implement the policies, plans, and work programs adopted
by the department;
(3) organize by creating, merging, or abolishing divisions;
(4) evaluate and utilize whenever possible improved
transportation facility maintenance and construction techniques;
(5) carry out public transportation responsibilities, including:
(A) developing and recommending public transportation
policies, plans, and work programs;
(B) providing technical assistance and guidance in the area
of public transportation to political subdivisions with public
transportation responsibilities;
(C) developing work programs for the utilization of federal
mass transportation funds;
(D) furnishing data from surveys, plans, specifications, and
estimates required to qualify a state agency or political
subdivision for federal mass transportation funds;
(E) conducting or participating in any public hearings to
qualify urbanized areas for an allocation of federal mass
transportation funding;
(F) serving, upon designation of the governor, as the state
agency to receive and disburse any state or federal mass
transportation funds that are not directly allocated to an
urbanized area;
(G) entering into agreements with other states, regional
agencies created in other states, and municipalities in other
states for the purpose of improving public transportation
service to the citizens; and
(H) developing and including in its own proposed
transportation plan a specialized transportation services plan
for the elderly and persons with disabilities;
(6) provide technical assistance to units of local government
with road and street responsibilities;
(7) develop, undertake, and administer the program of research
and extension required under IC 8-17-7;
(8) allow public testimony in accordance with section 17 of this
chapter whenever the department holds a public hearing (as
defined in section 17 of this chapter); and
(9) adopt rules under IC 4-22-2 to reasonably and cost
effectively manage the right-of-way of the state highway system
by establishing a formal procedure for highway improvement
projects that involve the relocation of utility facilities by
providing for an exchange of information among the
department, utilities, and the department's highway construction
contractors.
(b) Rules adopted under subsection (a)(9) shall not unreasonably
affect the cost, or impair the safety or reliability, of a utility service.
(c) A civil action may be prosecuted by or against the department,
a department highway construction contractor or a utility to recover
costs and expenses directly resulting from willful violation of the
rules. Nothing in this section or in subsection (a)(9) shall be
construed as granting authority to the department to adopt rules
establishing fines, assessments or other penalties for or against
utilities or the department's highway construction contractors. As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990,
SEC.207; P.L.23-1993, SEC.20; P.L.52-1995, SEC.2; P.L.35-2005,
SEC.1.
IC 8-23-2-6 Department powers; contracts and lease with the Indiana finance
authority; confidential documents
Sec. 6. (a) The department, through the commissioner or the
commissioner's designee, may do the following:
(1) Acquire by purchase, gift, or condemnation, sell, abandon,
own in fee or a lesser interest, hold, or lease property in the
name of the state, or otherwise dispose of or encumber property
to carry out its responsibilities.
(2) Contract with persons outside the department to do those
things that in the commissioner's opinion cannot be adequately
or efficiently performed by the department.
(3) Enter into:
(A) a contract with the Indiana finance authority under
IC 8-9.5-8-7; or
(B) a lease with the Indiana finance authority under
IC 8-9.5-8-8;
for the construction, reconstruction, improvement, maintenance,
repair, or operation of toll road projects under IC 8-15-2 and
toll bridges under IC 8-16-1.
(4) Sue and be sued, including, with the approval of the attorney
general, the compromise of any claims of the department.
(5) Hire attorneys.
(6) Perform all functions pertaining to the acquisition of
property for transportation purposes, including the compromise
of any claims for compensation.
(7) Hold investigations and hearings concerning matters
covered by orders and rules of the department.
(8) Execute all documents and instruments necessary to carry
out its responsibilities.
(9) Make contracts and expenditures, perform acts, enter into
agreements, and make rules, orders, and findings that are
necessary to comply with all laws, rules, orders, findings,
interpretations, and regulations promulgated by the federal
government in order to:
(A) qualify the department for; and
(B) receive;
federal government funding on a full or participating basis.
(10) Adopt rules under IC 4-22-2 to carry out its
responsibilities.
(11) Establish regional offices.
(12) Adopt a seal.
(13) Perform all actions necessary to carry out the department's
responsibilities.
(14) Order a utility to relocate the utility's facilities and
coordinate the relocation of customer service facilities if:
(A) the facilities are located in a highway, street, or road;
and
(B) the department determines that the facilities will
interfere with a planned highway or bridge construction or
improvement project funded by the department.
(15) Reimburse a utility:
(A) in whole or in part for extraordinary costs of relocation
of facilities;
(B) in whole for unnecessary relocations;
(C) in accordance with IC 8-23-26-12 and IC 8-23-26-13;
(D) in whole for relocations covered by IC 8-1-9; and
(E) to the extent that a relocation is a taking of property
without just compensation.
(16) Provide state matching funds and undertake any surface
transportation project eligible for funding under federal law.
However, money from the state highway fund and the state
highway road construction and improvement fund may not be
used to provide operating subsidies to support a public
transportation system or a commuter transportation system.
(b) In the performance of contracts and leases with the Indiana
finance authority, the department has authority under IC 8-15-2, in
the case of toll road projects and IC 8-16-1, in the case of toll bridges
necessary to carry out the terms and conditions of those contracts and
leases.
(c) The department shall:
(1) classify as confidential any estimate of cost prepared in
conjunction with analyzing competitive bids for projects until
a bid below the estimate of cost is read at the bid opening;
(2) classify as confidential that part of the parcel files that
contain appraisal and relocation documents prepared by the
department's land acquisition division; and
(3) classify as confidential records that are the product of
systems designed to detect collusion in state procurement and
contracting that, if made public, could impede detection of
collusive behavior in securing state contracts.
This subsection does not apply to parcel files of public agencies or
affect IC 8-23-7-10. As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990,
SEC.208; P.L.2-1991, SEC.63; P.L.63-1992, SEC.3; P.L.39-1993,
SEC.3; P.L.109-1993, SEC.1; P.L.235-2005, SEC.123.
IC 8-23-2-7
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-2-8
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-2-9 References to certain transportation agencies as references to
department of transportation
Sec. 9. After June 30, 1989, any reference to:
(1) the transportation coordinating board (IC 8-9.5-2-1,
repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
in any statute or rule shall be treated as a reference to the Indiana
department of transportation, as established by this article. As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.76.
IC 8-23-2-10 Preexisting rules of certain transportation agencies as rules of
department of transportation
Sec. 10. Any rules of:
(1) the transportation coordinating board (IC 8-9.5-2-1,
repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
filed with the secretary of state before July 1, 1989, shall be treated
after June 30, 1989, as though they had been adopted by the Indiana
department of transportation established by this article. As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.77.
IC 8-23-2-11 Application of section; surplus property; trust bid
Sec. 11. (a) This section applies to the disposal of surplus real or
personal property by the department.
(b) Whenever surplus real property or personal property is
disposed of by acceptance of bids, a bid submitted by a trust (as
defined in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust. As added by P.L.336-1989(ss), SEC.22.
IC 8-23-2-12 Engineers and land surveyors; contracts; compensation
Sec. 12. A contract for professional services of engineers or land
surveyors may be made on the basis of competence and
qualifications for the type of services to be performed. Compensation
that the department determines to be reasonable may be negotiated. As added by P.L.18-1990, SEC.209.
IC 8-23-2-12.5 "Contractor"; "professional services"; liability of contractors
Sec. 12.5. (a) As used in this section, "contractor" refers to a
person who provides professional services under a contract with the
department.
(b) As used in this section, "professional services" refers to
engineering, architectural, or surveying services.
(c) Notwithstanding any provision of IC 26-2-5-1 to the contrary,
the department may not require a contractor to assume any liability
or indemnify the state for any amount greater than the degree of fault
of the contractor.
(d) Any contractual provision in conflict with the prohibitions
contained in subsection (c) is void and unenforceable. As added by P.L.50-2008, SEC.1. IC 8-23-2-13 Notaries public; costs and expenses; powers
Sec. 13. (a) The department shall determine the number of its
employees appointed notaries public and pay the expense of
appointment, the premiums on the official bond of the notaries, and
the cost of official seals. An employee of the state appointed a notary
public may do the following:
(1) Take acknowledgments of deeds, contracts, grants, and
other documents to or in which the state or a state agency is a
party to or has an interest.
(2) Administer oaths to a person to a document, claim,
statement, or other document to be filed with the state or a state
agency.
(b) A notary public appointed under this section may not charge
for the service. As added by P.L.18-1990, SEC.210.
IC 8-23-2-14 Extension of engineering services and testing facilities to counties
and municipalities; reimbursement
Sec. 14. The department may furnish on request of a county or
municipality engineering service or consultation and extend the
facilities of the department's testing laboratory for the testing of
highway construction and maintenance materials or for any other
highway purpose. When those services are rendered by the
department, the county or municipality requesting and receiving the
services shall reimburse the department to the extent of the actual
cost of the service including salaries or personal services. When
payment is made to the department by the county or municipality, the
department shall receipt the payments into the accounts or
appropriations from which the expenditures were made by the
department in providing those services. As added by P.L.18-1990, SEC.211.
IC 8-23-2-15 "Highway work zone" defined; use of off duty police officers to
patrol highway work zones
Sec. 15. (a) As used in this section, "highway work zone" means
an area where:
(1) highway construction, reconstruction, or maintenance is
actually occurring; and
(2) notice is posted in accordance with the:
(A) Indiana Manual on Uniform Traffic Control Devices; or
(B) Indiana Work Site Traffic Control Manual;
to indicate that highway construction, reconstruction, or maintenance
is occurring.
(b) The department may contract with the state police department
or local law enforcement agencies to hire off duty police officers to
patrol highway work zones. The duties of a police officer who is
hired under this section:
(1) are limited to those duties that the police officer normally
performs while on active duty; and
(2) do not include the duties of a:
(A) flagman; or
(B) security officer.
(c) The department shall use the money transferred to the
department under IC 33-37-9-4(6) to pay the costs of hiring off duty
police officers to perform the duties described in subsection (b).
(d) All money transferred to the department under IC 33-37-9-4(6)
is annually appropriated to pay off duty police officers to perform the
duties described in subsection (b). As added by P.L.64-1992, SEC.1. Amended by P.L.4-1994, SEC.2;
P.L.132-2003, SEC.1; P.L.98-2004, SEC.76.
IC 8-23-2-16
Repealed
(Repealed by P.L.35-1995, SEC.5.)
IC 8-23-2-17 Public hearings
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) 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).
(c) 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. As added by P.L.52-1995, SEC.3.
IC 8-23-2-18 Nursery stock and wildflower seed sales
Sec. 18. (a) This section does not apply to the following:
(1) The sale or distribution of nursery stock or wildflower seeds
to the following:
(A) An individual who resides in Indiana.
(B) A governmental entity.
(C) A nonprofit organization or an educational institution.
(D) An agricultural research program.
(2) The exchange of nursery stock or wildflower seeds with a
person or an entity.
(b) As used in this section, "nursery stock" has the meaning set
forth in IC 14-8-2-184(1).
(c) The department may not sell or distribute nursery stock or
wildflower seeds to the following:
(1) An individual who resides in a state other than Indiana,
unless the individual:
(A) owns land in Indiana; and
(B) submits an affidavit that affirms that the nursery stock or
wildflower seeds will be planted in Indiana.
(2) A retail business that sells nursery stock or wildflower
seeds.
(3) A wholesale business that sells nursery stock or wildflower
seeds. As added by P.L.82-2007, SEC.1.
IC 8-23-2
Chapter 2. Indiana Department of Transportation
IC 8-23-2-1 Establishment of department
Sec. 1. The Indiana department of transportation is established. As added by P.L.112-1989, SEC.5.
IC 8-23-2-2 Commissioner; appointment; compensation
Sec. 2. (a) The governor shall appoint a commissioner who is
responsible for organizing and administering the department.
(b) The commissioner:
(1) serves at the pleasure of the governor; and
(2) is entitled to receive compensation set by the budget agency. As added by P.L.112-1989, SEC.5.
IC 8-23-2-3 Employees; conditions of employment; highway district managers
and subdistrict superintendents; chief highway engineer; bond;
oath
Sec. 3. (a) The department may hire qualified individuals to carry
out its responsibilities subject to the budget agency's approval under
IC 4-12-1-13 and may prescribe their terms and conditions of
employment subject to this section.
(b) All employees of the department whose duties require
specialized knowledge or skill, acquired by professional or technical
education, training, and experience:
(1) shall be employed solely on the basis of ability, taking into
account their qualifications to perform the duties of their
positions;
(2) shall be employed regardless of political affiliation;
(3) may not be appointed, promoted, reduced, removed, or in
any way favored or discriminated against because of their
political affiliation, race, religion, color, sex, national origin, or
ancestry;
(4) are ineligible to hold, or be a candidate for, elected office
(as defined in IC 3-5-2-17) while employed by the department,
except as provided in subsection (h);
(5) may not solicit or receive political contributions;
(6) may not be required to make contributions for or participate
in political activities;
(7) shall be employed on a six (6) month probationary period,
with a written evaluation prepared after five (5) months of
service by their immediate supervisor for the commissioner to
determine if employment should continue beyond the
probationary period; and
(8) shall be evaluated annually in writing by their immediate
supervisor for the purpose of advising the commissioner as to
whether the employees should remain in their positions.
(c) Highway district managers are and subdistrict superintendents
are not subject to subsection (b). A person may not be employed by
the department as a highway subdistrict superintendent unless the
person has received training or experience in maintaining or
constructing roads, highways, and bridges. Highway subdistrict
superintendents shall devote full time to the performance of their
duties. Highway district managers serve at the pleasure of the
commissioner but upon reassignment shall be retained in a position
of equal or higher job classification within the department. However,
the employee may elect to serve in the next lower job classification
within the same district.
(d) The appointment or dismissal of the chief highway engineer
for the department is at the discretion of the commissioner. The chief
highway engineer must be a registered professional engineer and
must be a graduate civil engineer or have at least ten (10) years of
experience in highway engineering.
(e) All employees of the department are subject to IC 4-15-1.8 and
the rules that implement IC 4-15-1.8.
(f) Subject to this section:
(1) all employees of the department are subject to demotion,
discipline, dismissal, or transfer at the discretion of the
commissioner; and
(2) cause for demotion, dismissal, discipline, or transfer may
include but is not limited to failure to satisfactorily effectuate
the department's transportation plan and work programs.
(g) The commissioner may:
(1) require an employee or agent of the department to execute
and furnish a bond conditioned upon the faithful discharge and
performance of the duties of the employee or agent and the
accurate accounting of public funds that come into the
employee's or agent's control or custody; and
(2) prescribe an oath of employment for an employee or agent
of the department.
(h) Employees described in subsection (b) may:
(1) be candidates for:
(A) school board office (as defined in IC 3-5-2-45); or
(B) precinct committeeman or state convention delegate;
and serve in that office if elected; and
(2) be appointed to an office described in subdivision (1) and
serve in that office if appointed. As added by P.L.112-1989, SEC.5. Amended by P.L.5-1989, SEC.77.
IC 8-23-2-4
Repealed
(Repealed by P.L.1-1991, SEC.82.)
IC 8-23-2-4.1 Department responsibilities; activities
Sec. 4.1. The department is responsible for the following
activities:
(1) The identification, development, coordination, and
implementation of the state's transportation policies.
(2) The approval of applications for federal transportation
grants from funds allocated to the state:
(A) from the Highway Trust Fund (23 U.S.C.);
(B) from the Aviation Trust Fund (49 U.S.C.);
(C) through the Federal Transit Administration (49 U.S.C.
5301 et seq.); or
(D) from any other federal grant that has a transportation
component.
(3) The review, revision, adoption, and submission of budget
proposals.
(4) The construction, reconstruction, improvement,
maintenance, and repair of:
(A) state highways; and
(B) a toll road project or toll bridge in accordance with a
contract or lease entered into with the Indiana finance
authority under IC 8-9.5-8-7 or IC 8-9.5-8-8.
(5) The administration of programs as required by law,
including the following:
(A) IC 8-3-1 (railroads).
(B) IC 8-3-1.5 (rail preservation).
(C) IC 8-21-1 (aeronautics).
(D) IC 8-21-9 (airports).
(E) IC 8-21-11 (aviation development program). As added by P.L.1-1991, SEC.83. Amended by P.L.14-2003, SEC.1;
P.L.235-2005, SEC.122.
IC 8-23-2-5 Department duties
Sec. 5. (a) The department, through the commissioner or the
commissioner's designee, shall:
(1) develop, continuously update, and implement:
(A) long range comprehensive transportation plans;
(B) work programs; and
(C) budgets;
to assure the orderly development and maintenance of an
efficient statewide system of transportation;
(2) implement the policies, plans, and work programs adopted
by the department;
(3) organize by creating, merging, or abolishing divisions;
(4) evaluate and utilize whenever possible improved
transportation facility maintenance and construction techniques;
(5) carry out public transportation responsibilities, including:
(A) developing and recommending public transportation
policies, plans, and work programs;
(B) providing technical assistance and guidance in the area
of public transportation to political subdivisions with public
transportation responsibilities;
(C) developing work programs for the utilization of federal
mass transportation funds;
(D) furnishing data from surveys, plans, specifications, and
estimates required to qualify a state agency or political
subdivision for federal mass transportation funds;
(E) conducting or participating in any public hearings to
qualify urbanized areas for an allocation of federal mass
transportation funding;
(F) serving, upon designation of the governor, as the state
agency to receive and disburse any state or federal mass
transportation funds that are not directly allocated to an
urbanized area;
(G) entering into agreements with other states, regional
agencies created in other states, and municipalities in other
states for the purpose of improving public transportation
service to the citizens; and
(H) developing and including in its own proposed
transportation plan a specialized transportation services plan
for the elderly and persons with disabilities;
(6) provide technical assistance to units of local government
with road and street responsibilities;
(7) develop, undertake, and administer the program of research
and extension required under IC 8-17-7;
(8) allow public testimony in accordance with section 17 of this
chapter whenever the department holds a public hearing (as
defined in section 17 of this chapter); and
(9) adopt rules under IC 4-22-2 to reasonably and cost
effectively manage the right-of-way of the state highway system
by establishing a formal procedure for highway improvement
projects that involve the relocation of utility facilities by
providing for an exchange of information among the
department, utilities, and the department's highway construction
contractors.
(b) Rules adopted under subsection (a)(9) shall not unreasonably
affect the cost, or impair the safety or reliability, of a utility service.
(c) A civil action may be prosecuted by or against the department,
a department highway construction contractor or a utility to recover
costs and expenses directly resulting from willful violation of the
rules. Nothing in this section or in subsection (a)(9) shall be
construed as granting authority to the department to adopt rules
establishing fines, assessments or other penalties for or against
utilities or the department's highway construction contractors. As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990,
SEC.207; P.L.23-1993, SEC.20; P.L.52-1995, SEC.2; P.L.35-2005,
SEC.1.
IC 8-23-2-6 Department powers; contracts and lease with the Indiana finance
authority; confidential documents
Sec. 6. (a) The department, through the commissioner or the
commissioner's designee, may do the following:
(1) Acquire by purchase, gift, or condemnation, sell, abandon,
own in fee or a lesser interest, hold, or lease property in the
name of the state, or otherwise dispose of or encumber property
to carry out its responsibilities.
(2) Contract with persons outside the department to do those
things that in the commissioner's opinion cannot be adequately
or efficiently performed by the department.
(3) Enter into:
(A) a contract with the Indiana finance authority under
IC 8-9.5-8-7; or
(B) a lease with the Indiana finance authority under
IC 8-9.5-8-8;
for the construction, reconstruction, improvement, maintenance,
repair, or operation of toll road projects under IC 8-15-2 and
toll bridges under IC 8-16-1.
(4) Sue and be sued, including, with the approval of the attorney
general, the compromise of any claims of the department.
(5) Hire attorneys.
(6) Perform all functions pertaining to the acquisition of
property for transportation purposes, including the compromise
of any claims for compensation.
(7) Hold investigations and hearings concerning matters
covered by orders and rules of the department.
(8) Execute all documents and instruments necessary to carry
out its responsibilities.
(9) Make contracts and expenditures, perform acts, enter into
agreements, and make rules, orders, and findings that are
necessary to comply with all laws, rules, orders, findings,
interpretations, and regulations promulgated by the federal
government in order to:
(A) qualify the department for; and
(B) receive;
federal government funding on a full or participating basis.
(10) Adopt rules under IC 4-22-2 to carry out its
responsibilities.
(11) Establish regional offices.
(12) Adopt a seal.
(13) Perform all actions necessary to carry out the department's
responsibilities.
(14) Order a utility to relocate the utility's facilities and
coordinate the relocation of customer service facilities if:
(A) the facilities are located in a highway, street, or road;
and
(B) the department determines that the facilities will
interfere with a planned highway or bridge construction or
improvement project funded by the department.
(15) Reimburse a utility:
(A) in whole or in part for extraordinary costs of relocation
of facilities;
(B) in whole for unnecessary relocations;
(C) in accordance with IC 8-23-26-12 and IC 8-23-26-13;
(D) in whole for relocations covered by IC 8-1-9; and
(E) to the extent that a relocation is a taking of property
without just compensation.
(16) Provide state matching funds and undertake any surface
transportation project eligible for funding under federal law.
However, money from the state highway fund and the state
highway road construction and improvement fund may not be
used to provide operating subsidies to support a public
transportation system or a commuter transportation system.
(b) In the performance of contracts and leases with the Indiana
finance authority, the department has authority under IC 8-15-2, in
the case of toll road projects and IC 8-16-1, in the case of toll bridges
necessary to carry out the terms and conditions of those contracts and
leases.
(c) The department shall:
(1) classify as confidential any estimate of cost prepared in
conjunction with analyzing competitive bids for projects until
a bid below the estimate of cost is read at the bid opening;
(2) classify as confidential that part of the parcel files that
contain appraisal and relocation documents prepared by the
department's land acquisition division; and
(3) classify as confidential records that are the product of
systems designed to detect collusion in state procurement and
contracting that, if made public, could impede detection of
collusive behavior in securing state contracts.
This subsection does not apply to parcel files of public agencies or
affect IC 8-23-7-10. As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990,
SEC.208; P.L.2-1991, SEC.63; P.L.63-1992, SEC.3; P.L.39-1993,
SEC.3; P.L.109-1993, SEC.1; P.L.235-2005, SEC.123.
IC 8-23-2-7
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-2-8
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-2-9 References to certain transportation agencies as references to
department of transportation
Sec. 9. After June 30, 1989, any reference to:
(1) the transportation coordinating board (IC 8-9.5-2-1,
repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
in any statute or rule shall be treated as a reference to the Indiana
department of transportation, as established by this article. As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.76.
IC 8-23-2-10 Preexisting rules of certain transportation agencies as rules of
department of transportation
Sec. 10. Any rules of:
(1) the transportation coordinating board (IC 8-9.5-2-1,
repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
filed with the secretary of state before July 1, 1989, shall be treated
after June 30, 1989, as though they had been adopted by the Indiana
department of transportation established by this article. As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.77.
IC 8-23-2-11 Application of section; surplus property; trust bid
Sec. 11. (a) This section applies to the disposal of surplus real or
personal property by the department.
(b) Whenever surplus real property or personal property is
disposed of by acceptance of bids, a bid submitted by a trust (as
defined in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust. As added by P.L.336-1989(ss), SEC.22.
IC 8-23-2-12 Engineers and land surveyors; contracts; compensation
Sec. 12. A contract for professional services of engineers or land
surveyors may be made on the basis of competence and
qualifications for the type of services to be performed. Compensation
that the department determines to be reasonable may be negotiated. As added by P.L.18-1990, SEC.209.
IC 8-23-2-12.5 "Contractor"; "professional services"; liability of contractors
Sec. 12.5. (a) As used in this section, "contractor" refers to a
person who provides professional services under a contract with the
department.
(b) As used in this section, "professional services" refers to
engineering, architectural, or surveying services.
(c) Notwithstanding any provision of IC 26-2-5-1 to the contrary,
the department may not require a contractor to assume any liability
or indemnify the state for any amount greater than the degree of fault
of the contractor.
(d) Any contractual provision in conflict with the prohibitions
contained in subsection (c) is void and unenforceable. As added by P.L.50-2008, SEC.1. IC 8-23-2-13 Notaries public; costs and expenses; powers
Sec. 13. (a) The department shall determine the number of its
employees appointed notaries public and pay the expense of
appointment, the premiums on the official bond of the notaries, and
the cost of official seals. An employee of the state appointed a notary
public may do the following:
(1) Take acknowledgments of deeds, contracts, grants, and
other documents to or in which the state or a state agency is a
party to or has an interest.
(2) Administer oaths to a person to a document, claim,
statement, or other document to be filed with the state or a state
agency.
(b) A notary public appointed under this section may not charge
for the service. As added by P.L.18-1990, SEC.210.
IC 8-23-2-14 Extension of engineering services and testing facilities to counties
and municipalities; reimbursement
Sec. 14. The department may furnish on request of a county or
municipality engineering service or consultation and extend the
facilities of the department's testing laboratory for the testing of
highway construction and maintenance materials or for any other
highway purpose. When those services are rendered by the
department, the county or municipality requesting and receiving the
services shall reimburse the department to the extent of the actual
cost of the service including salaries or personal services. When
payment is made to the department by the county or municipality, the
department shall receipt the payments into the accounts or
appropriations from which the expenditures were made by the
department in providing those services. As added by P.L.18-1990, SEC.211.
IC 8-23-2-15 "Highway work zone" defined; use of off duty police officers to
patrol highway work zones
Sec. 15. (a) As used in this section, "highway work zone" means
an area where:
(1) highway construction, reconstruction, or maintenance is
actually occurring; and
(2) notice is posted in accordance with the:
(A) Indiana Manual on Uniform Traffic Control Devices; or
(B) Indiana Work Site Traffic Control Manual;
to indicate that highway construction, reconstruction, or maintenance
is occurring.
(b) The department may contract with the state police department
or local law enforcement agencies to hire off duty police officers to
patrol highway work zones. The duties of a police officer who is
hired under this section:
(1) are limited to those duties that the police officer normally
performs while on active duty; and
(2) do not include the duties of a:
(A) flagman; or
(B) security officer.
(c) The department shall use the money transferred to the
department under IC 33-37-9-4(6) to pay the costs of hiring off duty
police officers to perform the duties described in subsection (b).
(d) All money transferred to the department under IC 33-37-9-4(6)
is annually appropriated to pay off duty police officers to perform the
duties described in subsection (b). As added by P.L.64-1992, SEC.1. Amended by P.L.4-1994, SEC.2;
P.L.132-2003, SEC.1; P.L.98-2004, SEC.76.
IC 8-23-2-16
Repealed
(Repealed by P.L.35-1995, SEC.5.)
IC 8-23-2-17 Public hearings
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) 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).
(c) 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. As added by P.L.52-1995, SEC.3.
IC 8-23-2-18 Nursery stock and wildflower seed sales
Sec. 18. (a) This section does not apply to the following:
(1) The sale or distribution of nursery stock or wildflower seeds
to the following:
(A) An individual who resides in Indiana.
(B) A governmental entity.
(C) A nonprofit organization or an educational institution.
(D) An agricultural research program.
(2) The exchange of nursery stock or wildflower seeds with a
person or an entity.
(b) As used in this section, "nursery stock" has the meaning set
forth in IC 14-8-2-184(1).
(c) The department may not sell or distribute nursery stock or
wildflower seeds to the following:
(1) An individual who resides in a state other than Indiana,
unless the individual:
(A) owns land in Indiana; and
(B) submits an affidavit that affirms that the nursery stock or
wildflower seeds will be planted in Indiana.
(2) A retail business that sells nursery stock or wildflower
seeds.
(3) A wholesale business that sells nursery stock or wildflower
seeds. As added by P.L.82-2007, SEC.1.
IC 8-23-2
Chapter 2. Indiana Department of Transportation
IC 8-23-2-1 Establishment of department
Sec. 1. The Indiana department of transportation is established. As added by P.L.112-1989, SEC.5.
IC 8-23-2-2 Commissioner; appointment; compensation
Sec. 2. (a) The governor shall appoint a commissioner who is
responsible for organizing and administering the department.
(b) The commissioner:
(1) serves at the pleasure of the governor; and
(2) is entitled to receive compensation set by the budget agency. As added by P.L.112-1989, SEC.5.
IC 8-23-2-3 Employees; conditions of employment; highway district managers
and subdistrict superintendents; chief highway engineer; bond;
oath
Sec. 3. (a) The department may hire qualified individuals to carry
out its responsibilities subject to the budget agency's approval under
IC 4-12-1-13 and may prescribe their terms and conditions of
employment subject to this section.
(b) All employees of the department whose duties require
specialized knowledge or skill, acquired by professional or technical
education, training, and experience:
(1) shall be employed solely on the basis of ability, taking into
account their qualifications to perform the duties of their
positions;
(2) shall be employed regardless of political affiliation;
(3) may not be appointed, promoted, reduced, removed, or in
any way favored or discriminated against because of their
political affiliation, race, religion, color, sex, national origin, or
ancestry;
(4) are ineligible to hold, or be a candidate for, elected office
(as defined in IC 3-5-2-17) while employed by the department,
except as provided in subsection (h);
(5) may not solicit or receive political contributions;
(6) may not be required to make contributions for or participate
in political activities;
(7) shall be employed on a six (6) month probationary period,
with a written evaluation prepared after five (5) months of
service by their immediate supervisor for the commissioner to
determine if employment should continue beyond the
probationary period; and
(8) shall be evaluated annually in writing by their immediate
supervisor for the purpose of advising the commissioner as to
whether the employees should remain in their positions.
(c) Highway district managers are and subdistrict superintendents
are not subject to subsection (b). A person may not be employed by
the department as a highway subdistrict superintendent unless the
person has received training or experience in maintaining or
constructing roads, highways, and bridges. Highway subdistrict
superintendents shall devote full time to the performance of their
duties. Highway district managers serve at the pleasure of the
commissioner but upon reassignment shall be retained in a position
of equal or higher job classification within the department. However,
the employee may elect to serve in the next lower job classification
within the same district.
(d) The appointment or dismissal of the chief highway engineer
for the department is at the discretion of the commissioner. The chief
highway engineer must be a registered professional engineer and
must be a graduate civil engineer or have at least ten (10) years of
experience in highway engineering.
(e) All employees of the department are subject to IC 4-15-1.8 and
the rules that implement IC 4-15-1.8.
(f) Subject to this section:
(1) all employees of the department are subject to demotion,
discipline, dismissal, or transfer at the discretion of the
commissioner; and
(2) cause for demotion, dismissal, discipline, or transfer may
include but is not limited to failure to satisfactorily effectuate
the department's transportation plan and work programs.
(g) The commissioner may:
(1) require an employee or agent of the department to execute
and furnish a bond conditioned upon the faithful discharge and
performance of the duties of the employee or agent and the
accurate accounting of public funds that come into the
employee's or agent's control or custody; and
(2) prescribe an oath of employment for an employee or agent
of the department.
(h) Employees described in subsection (b) may:
(1) be candidates for:
(A) school board office (as defined in IC 3-5-2-45); or
(B) precinct committeeman or state convention delegate;
and serve in that office if elected; and
(2) be appointed to an office described in subdivision (1) and
serve in that office if appointed. As added by P.L.112-1989, SEC.5. Amended by P.L.5-1989, SEC.77.
IC 8-23-2-4
Repealed
(Repealed by P.L.1-1991, SEC.82.)
IC 8-23-2-4.1 Department responsibilities; activities
Sec. 4.1. The department is responsible for the following
activities:
(1) The identification, development, coordination, and
implementation of the state's transportation policies.
(2) The approval of applications for federal transportation
grants from funds allocated to the state:
(A) from the Highway Trust Fund (23 U.S.C.);
(B) from the Aviation Trust Fund (49 U.S.C.);
(C) through the Federal Transit Administration (49 U.S.C.
5301 et seq.); or
(D) from any other federal grant that has a transportation
component.
(3) The review, revision, adoption, and submission of budget
proposals.
(4) The construction, reconstruction, improvement,
maintenance, and repair of:
(A) state highways; and
(B) a toll road project or toll bridge in accordance with a
contract or lease entered into with the Indiana finance
authority under IC 8-9.5-8-7 or IC 8-9.5-8-8.
(5) The administration of programs as required by law,
including the following:
(A) IC 8-3-1 (railroads).
(B) IC 8-3-1.5 (rail preservation).
(C) IC 8-21-1 (aeronautics).
(D) IC 8-21-9 (airports).
(E) IC 8-21-11 (aviation development program). As added by P.L.1-1991, SEC.83. Amended by P.L.14-2003, SEC.1;
P.L.235-2005, SEC.122.
IC 8-23-2-5 Department duties
Sec. 5. (a) The department, through the commissioner or the
commissioner's designee, shall:
(1) develop, continuously update, and implement:
(A) long range comprehensive transportation plans;
(B) work programs; and
(C) budgets;
to assure the orderly development and maintenance of an
efficient statewide system of transportation;
(2) implement the policies, plans, and work programs adopted
by the department;
(3) organize by creating, merging, or abolishing divisions;
(4) evaluate and utilize whenever possible improved
transportation facility maintenance and construction techniques;
(5) carry out public transportation responsibilities, including:
(A) developing and recommending public transportation
policies, plans, and work programs;
(B) providing technical assistance and guidance in the area
of public transportation to political subdivisions with public
transportation responsibilities;
(C) developing work programs for the utilization of federal
mass transportation funds;
(D) furnishing data from surveys, plans, specifications, and
estimates required to qualify a state agency or political
subdivision for federal mass transportation funds;
(E) conducting or participating in any public hearings to
qualify urbanized areas for an allocation of federal mass
transportation funding;
(F) serving, upon designation of the governor, as the state
agency to receive and disburse any state or federal mass
transportation funds that are not directly allocated to an
urbanized area;
(G) entering into agreements with other states, regional
agencies created in other states, and municipalities in other
states for the purpose of improving public transportation
service to the citizens; and
(H) developing and including in its own proposed
transportation plan a specialized transportation services plan
for the elderly and persons with disabilities;
(6) provide technical assistance to units of local government
with road and street responsibilities;
(7) develop, undertake, and administer the program of research
and extension required under IC 8-17-7;
(8) allow public testimony in accordance with section 17 of this
chapter whenever the department holds a public hearing (as
defined in section 17 of this chapter); and
(9) adopt rules under IC 4-22-2 to reasonably and cost
effectively manage the right-of-way of the state highway system
by establishing a formal procedure for highway improvement
projects that involve the relocation of utility facilities by
providing for an exchange of information among the
department, utilities, and the department's highway construction
contractors.
(b) Rules adopted under subsection (a)(9) shall not unreasonably
affect the cost, or impair the safety or reliability, of a utility service.
(c) A civil action may be prosecuted by or against the department,
a department highway construction contractor or a utility to recover
costs and expenses directly resulting from willful violation of the
rules. Nothing in this section or in subsection (a)(9) shall be
construed as granting authority to the department to adopt rules
establishing fines, assessments or other penalties for or against
utilities or the department's highway construction contractors. As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990,
SEC.207; P.L.23-1993, SEC.20; P.L.52-1995, SEC.2; P.L.35-2005,
SEC.1.
IC 8-23-2-6 Department powers; contracts and lease with the Indiana finance
authority; confidential documents
Sec. 6. (a) The department, through the commissioner or the
commissioner's designee, may do the following:
(1) Acquire by purchase, gift, or condemnation, sell, abandon,
own in fee or a lesser interest, hold, or lease property in the
name of the state, or otherwise dispose of or encumber property
to carry out its responsibilities.
(2) Contract with persons outside the department to do those
things that in the commissioner's opinion cannot be adequately
or efficiently performed by the department.
(3) Enter into:
(A) a contract with the Indiana finance authority under
IC 8-9.5-8-7; or
(B) a lease with the Indiana finance authority under
IC 8-9.5-8-8;
for the construction, reconstruction, improvement, maintenance,
repair, or operation of toll road projects under IC 8-15-2 and
toll bridges under IC 8-16-1.
(4) Sue and be sued, including, with the approval of the attorney
general, the compromise of any claims of the department.
(5) Hire attorneys.
(6) Perform all functions pertaining to the acquisition of
property for transportation purposes, including the compromise
of any claims for compensation.
(7) Hold investigations and hearings concerning matters
covered by orders and rules of the department.
(8) Execute all documents and instruments necessary to carry
out its responsibilities.
(9) Make contracts and expenditures, perform acts, enter into
agreements, and make rules, orders, and findings that are
necessary to comply with all laws, rules, orders, findings,
interpretations, and regulations promulgated by the federal
government in order to:
(A) qualify the department for; and
(B) receive;
federal government funding on a full or participating basis.
(10) Adopt rules under IC 4-22-2 to carry out its
responsibilities.
(11) Establish regional offices.
(12) Adopt a seal.
(13) Perform all actions necessary to carry out the department's
responsibilities.
(14) Order a utility to relocate the utility's facilities and
coordinate the relocation of customer service facilities if:
(A) the facilities are located in a highway, street, or road;
and
(B) the department determines that the facilities will
interfere with a planned highway or bridge construction or
improvement project funded by the department.
(15) Reimburse a utility:
(A) in whole or in part for extraordinary costs of relocation
of facilities;
(B) in whole for unnecessary relocations;
(C) in accordance with IC 8-23-26-12 and IC 8-23-26-13;
(D) in whole for relocations covered by IC 8-1-9; and
(E) to the extent that a relocation is a taking of property
without just compensation.
(16) Provide state matching funds and undertake any surface
transportation project eligible for funding under federal law.
However, money from the state highway fund and the state
highway road construction and improvement fund may not be
used to provide operating subsidies to support a public
transportation system or a commuter transportation system.
(b) In the performance of contracts and leases with the Indiana
finance authority, the department has authority under IC 8-15-2, in
the case of toll road projects and IC 8-16-1, in the case of toll bridges
necessary to carry out the terms and conditions of those contracts and
leases.
(c) The department shall:
(1) classify as confidential any estimate of cost prepared in
conjunction with analyzing competitive bids for projects until
a bid below the estimate of cost is read at the bid opening;
(2) classify as confidential that part of the parcel files that
contain appraisal and relocation documents prepared by the
department's land acquisition division; and
(3) classify as confidential records that are the product of
systems designed to detect collusion in state procurement and
contracting that, if made public, could impede detection of
collusive behavior in securing state contracts.
This subsection does not apply to parcel files of public agencies or
affect IC 8-23-7-10. As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990,
SEC.208; P.L.2-1991, SEC.63; P.L.63-1992, SEC.3; P.L.39-1993,
SEC.3; P.L.109-1993, SEC.1; P.L.235-2005, SEC.123.
IC 8-23-2-7
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-2-8
Repealed
(Repealed by P.L.18-1990, SEC.299.)
IC 8-23-2-9 References to certain transportation agencies as references to
department of transportation
Sec. 9. After June 30, 1989, any reference to:
(1) the transportation coordinating board (IC 8-9.5-2-1,
repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
in any statute or rule shall be treated as a reference to the Indiana
department of transportation, as established by this article. As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.76.
IC 8-23-2-10 Preexisting rules of certain transportation agencies as rules of
department of transportation
Sec. 10. Any rules of:
(1) the transportation coordinating board (IC 8-9.5-2-1,
repealed);
(2) the transportation planning office (IC 8-9.5-3-1, repealed);
(3) the department of highways (IC 8-9.5-4-2, repealed); and
(4) the department of transportation (IC 8-9.5-5-2, repealed);
filed with the secretary of state before July 1, 1989, shall be treated
after June 30, 1989, as though they had been adopted by the Indiana
department of transportation established by this article. As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.77.
IC 8-23-2-11 Application of section; surplus property; trust bid
Sec. 11. (a) This section applies to the disposal of surplus real or
personal property by the department.
(b) Whenever surplus real property or personal property is
disposed of by acceptance of bids, a bid submitted by a trust (as
defined in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust. As added by P.L.336-1989(ss), SEC.22.
IC 8-23-2-12 Engineers and land surveyors; contracts; compensation
Sec. 12. A contract for professional services of engineers or land
surveyors may be made on the basis of competence and
qualifications for the type of services to be performed. Compensation
that the department determines to be reasonable may be negotiated. As added by P.L.18-1990, SEC.209.
IC 8-23-2-12.5 "Contractor"; "professional services"; liability of contractors
Sec. 12.5. (a) As used in this section, "contractor" refers to a
person who provides professional services under a contract with the
department.
(b) As used in this section, "professional services" refers to
engineering, architectural, or surveying services.
(c) Notwithstanding any provision of IC 26-2-5-1 to the contrary,
the department may not require a contractor to assume any liability
or indemnify the state for any amount greater than the degree of fault
of the contractor.
(d) Any contractual provision in conflict with the prohibitions
contained in subsection (c) is void and unenforceable. As added by P.L.50-2008, SEC.1. IC 8-23-2-13 Notaries public; costs and expenses; powers
Sec. 13. (a) The department shall determine the number of its
employees appointed notaries public and pay the expense of
appointment, the premiums on the official bond of the notaries, and
the cost of official seals. An employee of the state appointed a notary
public may do the following:
(1) Take acknowledgments of deeds, contracts, grants, and
other documents to or in which the state or a state agency is a
party to or has an interest.
(2) Administer oaths to a person to a document, claim,
statement, or other document to be filed with the state or a state
agency.
(b) A notary public appointed under this section may not charge
for the service. As added by P.L.18-1990, SEC.210.
IC 8-23-2-14 Extension of engineering services and testing facilities to counties
and municipalities; reimbursement
Sec. 14. The department may furnish on request of a county or
municipality engineering service or consultation and extend the
facilities of the department's testing laboratory for the testing of
highway construction and maintenance materials or for any other
highway purpose. When those services are rendered by the
department, the county or municipality requesting and receiving the
services shall reimburse the department to the extent of the actual
cost of the service including salaries or personal services. When
payment is made to the department by the county or municipality, the
department shall receipt the payments into the accounts or
appropriations from which the expenditures were made by the
department in providing those services. As added by P.L.18-1990, SEC.211.
IC 8-23-2-15 "Highway work zone" defined; use of off duty police officers to
patrol highway work zones
Sec. 15. (a) As used in this section, "highway work zone" means
an area where:
(1) highway construction, reconstruction, or maintenance is
actually occurring; and
(2) notice is posted in accordance with the:
(A) Indiana Manual on Uniform Traffic Control Devices; or
(B) Indiana Work Site Traffic Control Manual;
to indicate that highway construction, reconstruction, or maintenance
is occurring.
(b) The department may contract with the state police department
or local law enforcement agencies to hire off duty police officers to
patrol highway work zones. The duties of a police officer who is
hired under this section:
(1) are limited to those duties that the police officer normally
performs while on active duty; and
(2) do not include the duties of a:
(A) flagman; or
(B) security officer.
(c) The department shall use the money transferred to the
department under IC 33-37-9-4(6) to pay the costs of hiring off duty
police officers to perform the duties described in subsection (b).
(d) All money transferred to the department under IC 33-37-9-4(6)
is annually appropriated to pay off duty police officers to perform the
duties described in subsection (b). As added by P.L.64-1992, SEC.1. Amended by P.L.4-1994, SEC.2;
P.L.132-2003, SEC.1; P.L.98-2004, SEC.76.
IC 8-23-2-16
Repealed
(Repealed by P.L.35-1995, SEC.5.)
IC 8-23-2-17 Public hearings
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) 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).
(c) 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. As added by P.L.52-1995, SEC.3.
IC 8-23-2-18 Nursery stock and wildflower seed sales
Sec. 18. (a) This section does not apply to the following:
(1) The sale or distribution of nursery stock or wildflower seeds
to the following:
(A) An individual who resides in Indiana.
(B) A governmental entity.
(C) A nonprofit organization or an educational institution.
(D) An agricultural research program.
(2) The exchange of nursery stock or wildflower seeds with a
person or an entity.
(b) As used in this section, "nursery stock" has the meaning set
forth in IC 14-8-2-184(1).
(c) The department may not sell or distribute nursery stock or
wildflower seeds to the following:
(1) An individual who resides in a state other than Indiana,
unless the individual:
(A) owns land in Indiana; and
(B) submits an affidavit that affirms that the nursery stock or
wildflower seeds will be planted in Indiana.
(2) A retail business that sells nursery stock or wildflower
seeds.
(3) A wholesale business that sells nursery stock or wildflower
seeds. As added by P.L.82-2007, SEC.1.
