CHAPTER 8. DISTRESSED ROADS
IC 8-14-8
Chapter 8. Distressed Roads
IC 8-14-8-1
Purpose
Sec. 1. The intent of this chapter is to create a method of
providing financial assistance to counties, cities, and towns (referred
to as "units" in this chapter) which have serious road and street
deficiencies. This chapter has the purpose of enhancing public safety
and ensuring the free flow of commerce.
As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.114-1983,
SEC.1.
IC 8-14-8-2
Distressed road fund; establishment
Sec. 2. There is established a distressed road fund which is to be
administered by the Indiana department of transportation. The
distressed road fund is a nonbudgetary, nonreverting fund.
As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990,
SEC.113.
IC 8-14-8-3
"Qualified county" defined
Sec. 3. For purposes of this chapter, "qualified county" means a
county having a population of:
(1) more than fifty thousand (50,000) but less than fifty-five
thousand (55,000);
(2) more than thirty-nine thousand six hundred (39,600) but less
than forty thousand (40,000);
(3) more than thirty-two thousand (32,000) but less than
thirty-three thousand (33,000);
(4) more than twenty-nine thousand (29,000) but less than thirty
thousand (30,000);
(5) more than twenty-seven thousand (27,000) but less than
twenty-seven thousand two hundred (27,200);
(6) more than eighteen thousand three hundred (18,300) but less
than nineteen thousand three hundred (19,300);
(7) more than twenty thousand three hundred (20,300) but less
than twenty thousand five hundred (20,500);
(8) more than twelve thousand (12,000) but less than thirteen
thousand five hundred (13,500);
(9) more than ten thousand (10,000) but less than ten thousand
seven hundred (10,700); or
(10) more than ten thousand seven hundred (10,700) but less
than twelve thousand (12,000).
As added by Acts 1981, P.L.88, SEC.12. Amended by Acts 1982,
P.L.1, SEC.26; P.L.12-1992, SEC.64; P.L.170-2002, SEC.66.
IC 8-14-8-4
Loan; application; requisites
Sec. 4. (a) A qualified county which:
(1) has adopted the county motor vehicle excise surtax under
IC 6-3.5-4 and the county wheel tax under IC 6-3.5-5;
(2) is imposing the county motor vehicle excise surtax at:
(A) the maximum allowable rate, if the qualified county sets
a county motor vehicle excise surtax rate under
IC 6-3.5-4-2(a)(1); or
(B) an amount of not less than twenty dollars ($20), if the
qualified county sets the county motor vehicle excise surtax
at a specific amount under IC 6-3.5-4-2(a)(2); and
(3) has not issued bonds under IC 8-14-9;
may apply to the Indiana department of transportation for a loan from
the distressed road fund. At the time of the application, the county
shall notify the department of local government finance that it has
made the application.
(b) The application must include, at a minimum:
(1) a map depicting all roads and streets in the system of the
applicant; and
(2) a copy of that county's proposed program of work covering
the current and the immediately following calendar year.
As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990,
SEC.114; P.L.255-1996, SEC.6; P.L.90-2002, SEC.315.
IC 8-14-8-5
Loan; evaluation of needs; criteria
Sec. 5. (a) In evaluating each applicant's needs for a loan from the
distressed road fund, the Indiana department of transportation shall
use criteria that are consistent with good engineering practices. The
criteria used must include, at a minimum:
(1) traffic counts and projected traffic;
(2) areas served;
(3) surface material and conditions;
(4) base material and depth;
(5) drainage, including culverts;
(6) width of roadway and right-of-way;
(7) soils upon which the road is placed;
(8) topography; and
(9) seasonal weather conditions and the effect on road repair
and maintenance.
(b) In addition to the criteria listed in subsection (a), the
department shall consider the minimum transportation needs of all
areas regardless of population or vehicle registration, and the report
filed with the department by the department of local government
finance under section 6 of this chapter.
As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990,
SEC.115; P.L.90-2002, SEC.316.
IC 8-14-8-6
Report; availability and use of highway money
Sec. 6. Within thirty (30) days of the date of application for a loan
by a qualified county, the department of local government finance
shall submit to the Indiana department of transportation a financial
report which shall include the following:
(1) The amount of money available to the county for road
construction and maintenance.
(2) An analysis of the use, during the five (5) years immediately
preceding the date of the loan application, of all highway
money the county has received.
(3) Any other information required by the Indiana department
of transportation for the processing of loan applications.
As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.114-1983,
SEC.2; P.L.18-1990, SEC.116; P.L.90-2002, SEC.317.
IC 8-14-8-7
Loan approval; agreement; terms; repayment
Sec. 7. (a) The Indiana department of transportation shall notify
a qualified county that makes a loan application of the department's
approval or disapproval of the application within sixty (60) days of
the date of application. The decision made by the department to
approve or disapprove a loan application is final.
(b) The Indiana department of transportation and each qualified
county for which a loan has been approved under this chapter shall
enter into a loan agreement which shall specify, as a minimum, the
purposes for which the loan is to be used and the terms of repayment
of the loan. The terms must be consistent with subsection (c).
(c) The maximum term of repayment of a loan made under this
section is ten (10) years. A loan that is repaid within the term of
repayment specified in the loan agreement is not subject to interest.
If a loan is not fully repaid within the term of repayment, the balance
that remains unpaid at the end of the term of repayment is subject to
interest at the rate of twelve percent (12%) per year.
As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.114-1983,
SEC.3; P.L.18-1990, SEC.117.
IC 8-14-8-8
Receipts from loan repayment; deposit in fund
Sec. 8. All amounts received by the Indiana department of
transportation from a county as repayment of a loan made under this
chapter, or as payment of interest on a loan made under this chapter,
shall be deposited in the distressed road fund.
As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990,
SEC.118.
IC 8-14-8-9
Expenditures not subject to Geometric Design Guide for Local
Roads and Streets
Sec. 9. Notwithstanding any other law, expenditure made from the
distressed roads fund are not subject to the provisions of the
Geometric Design Guide for Local Roads and Streets.
As added by Acts 1982, P.L.79, SEC.2.
IC 8-14-8-10
Loan; qualified county or unit eligible to receive distribution from
motor vehicle highway account
Sec. 10. The Indiana department of transportation shall make
loans from the distressed road fund:
(1) to any qualified county under the terms of this chapter; or
(2) to any unit eligible to receive a distribution from the motor
vehicle highway account (IC 8-14-1) under terms of section 11
of this chapter.
As added by P.L.114-1983, SEC.4. Amended by P.L.18-1990,
SEC.119.
IC 8-14-8-11
Loan; application; approval; interest; agreement between unit and
department; restrictions on funds
Sec. 11. (a) A unit must make application for the loan to the
Indiana department of transportation. The application must include,
as a minimum:
(1) a map depicting all roads and streets in the system of the
applicant; and
(2) a copy of that unit's proposed program of work covering the
current and the immediately following calendar year.
(b) The Indiana department of transportation shall notify a unit
that makes a loan application of the department's approval or
disapproval of the application within sixty (60) days of the date of
application. The decision made by the department to approve or
disapprove is final.
(c) The loan is not subject to the payment of interest or penalty if
repaid within two (2) years.
(d) The unit and the Indiana department of transportation shall
enter into a written agreement stating the terms of the loan. The
agreement must include a provision that the unit directs the auditor
of state to withhold distributions from its allocations from the motor
vehicle highway account if the loan is not repaid within two (2)
years.
(e) Money from a loan made under this section may be used only
for the purpose of matching federal aid highway funds.
As added by P.L.114-1983, SEC.5. Amended by P.L.18-1990,
SEC.120.
IC 8-14-8-12
Use of funds for matching federal or local money
Sec. 12. Funds in the distressed road fund may be appropriated to
the Indiana department of transportation to maintain a working
balance in accounts established primarily to facilitate the matching
of federal and local money for highway projects.
As added by P.L.113-1983, SEC.3. Amended by P.L.18-1990,
SEC.121.