Introduced Version
HOUSE BILL No. 1090
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1-5.5-2; IC 8-3-1.7-2; IC 8-23; IC 9-19;
IC 9-21-5; IC 36-9-42.2-9.
Synopsis: Transportation matters. Provides that a conveyance to the
state is excepted from the definition of a "conveyance document"
requiring a sales disclosure form. Amends the annual reporting
requirements for the Indiana department of transportation. Requires
evidence of a failure to properly use a restraint system in certain motor
vehicles to be admitted as failure to mitigate damages in a civil action.
Provides that an engineering and traffic investigation is not required to
decrease the speed limit to 20 miles per hour on a highway with a
functional classification of minor collector or local road in an urban
district.
Effective: July 1, 2024.
Pressel
January 8, 2024, read first time and referred to Committee on Roads and Transportation.
2024 IN 1090—LS 6554/DI 137 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1090
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-1.1-5.5-2, AS AMENDED BY P.L.182-2009(ss),
2 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. (a) As used in this chapter, "conveyance
4 document" means any of the following:
5 (1) Any of the following that purports to transfer a real property
6 interest for valuable consideration:
7 (A) A document.
8 (B) A deed.
9 (C) A contract of sale.
10 (D) An agreement.
11 (E) A judgment.
12 (F) A lease that includes the fee simple estate and is for a
13 period in excess of ninety (90) years.
14 (G) A quitclaim deed serving as a source of title.
15 (H) Another document presented for recording.
16 (2) Documents for compulsory transactions as a result of
17 foreclosure or express threat of foreclosure, divorce, court order,
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1 condemnation, or probate.
2 (3) Documents involving the partition of land between tenants in
3 common, joint tenants, or tenants by the entirety.
4 (b) The term does not include the following:
5 (1) Security interest documents such as mortgages and trust
6 deeds.
7 (2) Leases that are for a term of less than ninety (90) years.
8 (3) Agreements and other documents for mergers, consolidations,
9 and incorporations involving solely nonlisted stock.
10 (4) Quitclaim deeds not serving as a source of title.
11 (5) Public utility or governmental easements or rights-of-way.
12 (6) Conveyances to the state.
13 SECTION 2. IC 8-3-1.7-2 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) There is created
15 a fund known as the industrial rail service fund. The fund shall consist
16 of money distributed to the fund by IC 6-2.5-10-1 and IC 8-3-1.5-20.
17 Amounts held in the fund may only be used to do the following:
18 (1) Provide loans to railroads that will be used to purchase or
19 rehabilitate real or personal property that will be used by the
20 railroad in providing railroad transportation services.
21 (2) Pay operating expenses of the Indiana department of
22 transportation, subject to appropriation by the general assembly.
23 (3) Provide fifty thousand dollars ($50,000) annually to the
24 Indiana department of transportation for rail planning activities.
25 Money distributed under this subdivision does not revert back to
26 the state general fund at the end of a state fiscal year.
27 (4) Provide money for the high speed rail development fund under
28 IC 8-23-25.
29 (5) Provide grants to a railroad owned or operated by a port
30 authority established under IC 8-10-5.
31 (6) Make grants to a Class II or a Class III railroad for the
32 rehabilitation of railroad infrastructure or railroad construction.
33 (b) A grant made under subsection (a)(5) may not exceed twenty
34 percent (20%) of the gross sales and use tax receipts deposited in the
35 fund under IC 6-2.5-10-1 during the fiscal year preceding the fiscal
36 year in which the grant is made.
37 (c) A grant program under subsection (a)(6) must:
38 (1) provide a grant to a recipient of not more than seventy-five
39 percent (75%) of the cost of the project; and
40 (2) require a grant recipient to pay for not more less than
41 twenty-five percent (25%) of the cost of a project.
42 SECTION 3. IC 8-23-2-5, AS AMENDED BY P.L.121-2021,
2024 IN 1090—LS 6554/DI 137 3
1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 5. (a) The department, through the commissioner
3 or the commissioner's designee, shall:
4 (1) develop, continuously update, and implement:
5 (A) long range comprehensive transportation plans;
6 (B) work programs; and
7 (C) budgets;
8 to assure the orderly development and maintenance of an efficient
9 statewide system of transportation;
10 (2) implement the policies, plans, and work programs adopted by
11 the department;
12 (3) organize by creating, merging, or abolishing divisions;
13 (4) evaluate and utilize whenever possible improved
14 transportation facility maintenance and construction techniques;
15 (5) carry out public transportation responsibilities, including:
16 (A) developing and recommending public transportation
17 policies, plans, and work programs;
18 (B) providing technical assistance and guidance in the area of
19 public transportation to political subdivisions with public
20 transportation responsibilities;
21 (C) developing work programs for the utilization of federal
22 mass transportation funds;
23 (D) furnishing data from surveys, plans, specifications, and
24 estimates required to qualify a state agency or political
25 subdivision for federal mass transportation funds;
26 (E) conducting or participating in any public hearings to
27 qualify urbanized areas for an allocation of federal mass
28 transportation funding;
29 (F) serving, upon designation of the governor, as the state
30 agency to receive and disburse any state or federal mass
31 transportation funds that are not directly allocated to an
32 urbanized area;
33 (G) entering into agreements with other states, regional
34 agencies created in other states, and municipalities in other
35 states for the purpose of improving public transportation
36 service to the citizens; and
37 (H) developing and including in its own proposed
38 transportation plan a specialized transportation services plan
39 for the elderly and persons with disabilities;
40 (6) provide technical assistance to units of local government with
41 road and street responsibilities;
42 (7) develop, undertake, and administer the program of research
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1 and extension required under IC 8-17-7;
2 (8) allow public testimony in accordance with section 17 of this
3 chapter whenever the department holds a public hearing (as
4 defined in section 17 of this chapter); and
5 (9) subject to section 6.5 of this chapter, adopt rules under
6 IC 4-22-2 to reasonably and cost effectively manage the
7 right-of-way of the state highway system by establishing a formal
8 procedure for highway improvement projects that involve the
9 relocation of utility facilities by providing for an exchange of
10 information among the department, utilities, and the department's
11 highway construction contractors.
12 (b) Rules adopted under subsection (a)(9):
13 (1) shall not unreasonably affect the cost, or impair the safety or
14 reliability, of a utility service; and
15 (2) must require a utility to provide information concerning all
16 authorized representatives of the utility for purposes of highway
17 improvement projects and improvement projects undertaken by
18 local units of government.
19 (c) A civil action may be prosecuted by or against the department,
20 a department highway construction contractor, or a utility to recover
21 costs and expenses directly resulting from willful violation of the rules.
22 Nothing in this section or in subsection (a)(9) shall be construed as
23 granting authority to the department to adopt rules establishing fines,
24 assessments, or other penalties for or against utilities or the
25 department's highway construction contractors.
26 (d) Based on information provided by utilities under rules described
27 in subsection (b)(2), the department shall establish and publish on the
28 department's Internet web site website a searchable data base of
29 authorized representatives of utilities for purposes of improvement
30 projects that involve the relocation of utility facilities. A utility that
31 provides information described in subsection (b)(2) shall:
32 (1) update the information provided to the department on an
33 annual basis; and
34 (2) notify the department of any change in the information not
35 more than thirty (30) days after the change occurs.
36 (e) Not later than August 1 November 1 of each year, the
37 department, through the commissioner or the commissioner's designee,
38 shall prepare for the interim study committee on roads and
39 transportation a report that includes updates on the following:
40 (1) Transportation and infrastructure funding.
41 (2) Public-private agreements under IC 8-15.5.
42 (3) Public-private partnerships under IC 8-15.7.
2024 IN 1090—LS 6554/DI 137 5
1 (4) Reports and supplements prepared under IC 8-23-12.
2 (5) Programs and projects conducted in cooperation with Purdue
3 University under IC 8-23-9-56.
4 (6) any other information requested by the study committee to aid
5 in the study of the study committee's assigned topics.
6 The report must be submitted in an electronic format under IC 5-14-6.
7 SECTION 4. IC 8-23-9-56, AS AMENDED BY P.L.53-2014,
8 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 56. (a) The department may cooperate with and
10 assist Purdue University in developing the best methods of improving
11 and maintaining the highways of the state and the respective counties.
12 In so cooperating with Purdue University and for the purpose of
13 developing and disseminating helpful information concerning road
14 construction and improvement and the operation of the highways of the
15 state and the counties, the department may expend money annually
16 from the funds appropriated to the department's use for the use and
17 benefit of Purdue University in carrying on programs of highway
18 research and highway extension at or in connection with Purdue
19 University and for the annual road school held at Purdue University. In
20 addition, the money may be increased by federal funds, which may be
21 made available to the department for the engineering and economic
22 investigation of projects for future construction and for highway
23 research necessary in connection therewith.
24 (b) For the purpose of disseminating knowledge of the highway
25 maintenance methods that are best suited to the various sections of
26 Indiana, the county and state highway officials, in cooperation with
27 Purdue University, may hold joint road meetings in the various sections
28 of Indiana.
29 (c) The aid authorized by this section shall be paid quarterly by the
30 department to Purdue University upon proper voucher.
31 (d) Not later than August 1 of each year, a representative of Purdue
32 University shall prepare, in cooperation with the department under
33 IC 8-23-2-5(e)(5), for the interim study committee on roads and
34 transportation a report that includes updates on the following:
35 (1) Programs or projects conducted under this section.
36 (2) Any other information requested by the study committee.
37 The report must be submitted in an electronic format under IC 5-14-6.
38 SECTION 5. IC 8-23-12-5 IS REPEALED [EFFECTIVE JULY 1,
39 2024]. Sec. 5. The department shall prepare and publish and make
40 public a report at the end of each fiscal year. The report must contain
41 appropriate financial data concerning receipts and disbursements, the
42 past year's accomplishments, the current highway improvement
2024 IN 1090—LS 6554/DI 137 6
1 program, a proposed program of construction to be accomplished
2 within the following two (2) fiscal years, and an appraisal of the state's
3 highway needs and the relative urgency of these needs.
4 SECTION 6. IC 9-19-10-7, AS AMENDED BY P.L.262-2013,
5 SECTION 102, IS AMENDED TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) Failure to comply with
7 section 1, 2, or 3.1(a) of this chapter does not constitute fault under
8 IC 34-51-2 and does not limit the liability of an insurer. In a civil
9 action seeking to recover damages for personal injuries or death
10 experienced by an occupant of a motor vehicle that was
11 manufactured after September 1, 1986, and equipped with at least
12 one (1) inflatable restraint system, evidence of the occupant's
13 improper use of or failure to wear a safety belt must be admitted
14 as proof of failure to mitigate damages.
15 (b) Except as provided in subsection (c), subsections (a) and (c),
16 evidence of the failure to comply with section 1, 2, or 3.1(a) of this
17 chapter may not be admitted in a civil action to mitigate damages.
18 Failure to comply with section 1, 2, or 3.1(a) of this chapter does
19 not:
20 (1) constitute fault under IC 34-51-2; or
21 (2) limit the liability of an insurer.
22 (c) Evidence of a failure to comply with this chapter may be
23 admitted in a civil action as to mitigation of damages in a product
24 liability action involving a motor vehicle restraint or supplemental
25 restraint system. The defendant in such an action has the burden of
26 proving noncompliance with this chapter and that compliance with this
27 chapter would have reduced injuries, and the extent of the reduction.
28 SECTION 7. IC 9-19-11-8 IS REPEALED [EFFECTIVE JULY 1,
29 2024]. Sec. 8. Failure to comply with this chapter does not constitute
30 contributory negligence.
31 SECTION 8. IC 9-19-11-8.5 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2024]: Sec. 8.5. In a civil action seeking to recover damages for
34 personal injuries or death experienced by an occupant of a motor
35 vehicle that was manufactured after September 1, 1986, and
36 equipped with at least one (1) inflatable restraint system, evidence
37 that the motor vehicle was not operating in compliance with section
38 2 or 3.6 of this chapter must be admitted as proof of failure to
39 mitigate damages.
40 SECTION 9. IC 9-21-5-6, AS AMENDED BY P.L.164-2018,
41 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (e) and
2024 IN 1090—LS 6554/DI 137 7
1 (f), whenever a local authority in the authority's jurisdiction determines
2 that the maximum speed permitted under this chapter is greater or less
3 than reasonable and safe under the conditions found to exist on a
4 highway or part of a highway, the local authority may determine and
5 declare a reasonable and safe maximum limit on the highway. The
6 maximum limit declared under this section may do any of the
7 following:
8 (1) Decrease the limit within urban districts, but not to less than
9 twenty (20) miles per hour.
10 (2) Increase the limit within an urban district, but not to more than
11 fifty-five (55) miles per hour during daytime and fifty (50) miles
12 per hour during nighttime.
13 (3) Decrease the limit outside an urban district, but not to less
14 than thirty (30) miles per hour.
15 (4) Decrease the limit in an alley, but to not less than five (5)
16 miles per hour.
17 (5) Increase the limit in an alley, but to not more than thirty (30)
18 twenty (20) miles per hour.
19 The local authority must perform an engineering and traffic
20 investigation before a determination may be made to change a speed
21 limit under subdivision (2), (3), (4), or (5) or before the speed limit on
22 a highway with a functional classification of arterial or major
23 collector within an urban district may be decreased to less than
24 twenty-five (25) miles per hour under subdivision (1). An engineering
25 and traffic investigation is not required to decrease the speed limit
26 to twenty (20) miles per hour on a highway with a functional
27 classification of minor collector or local road in an urban district.
28 (b) Except as provided in subsection (f), a local authority in the
29 authority's jurisdiction shall determine by an engineering and traffic
30 investigation the proper maximum speed for all local streets and shall
31 declare a reasonable and safe maximum speed permitted under this
32 chapter for an urban district. However, an engineering and traffic study
33 is not required to be performed for the local streets in an urban district
34 under this subsection if the local authority determines that the proper
35 maximum speed in the urban district is not less than twenty-five (25)
36 miles per hour.
37 (c) An altered limit established under this section is effective at all
38 times or during hours of darkness or at other times as may be
39 determined when appropriate signs giving notice of the altered limit are
40 erected on the street or highway.
41 (d) Except as provided in this subsection, a local authority may not
42 alter a speed limit on a highway or extension of a highway in the state
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1 highway system. A city or town may establish speed limits on state
2 highways upon which a school is located. However, a speed limit
3 established under this subsection is valid only if the following
4 conditions exist:
5 (1) The limit is not less than twenty (20) miles per hour.
6 (2) The limit is imposed only in the immediate vicinity of the
7 school.
8 (3) Children are present.
9 (4) The speed zone is properly signed. There must be:
10 (A) a sign located:
11 (i) where the reduced speed zone begins; or
12 (ii) as near as practical to the point where the reduced speed
13 zone begins;
14 indicating the reduced speed limit; and
15 (B) a sign located at the end of the reduced speed zone
16 indicating:
17 (i) the speed limit for the section of highway that follows; or
18 (ii) the end of the reduced speed zone.
19 (5) The Indiana department of transportation has been notified of
20 the limit imposed by certified mail.
21 (e) A local authority may decrease a limit on a street to not less than
22 fifteen (15) miles per hour if the following conditions exist:
23 (1) The street is located within a park or playground established
24 under IC 36-10.
25 (2) The:
26 (A) board established under IC 36-10-3;
27 (B) board established under IC 36-10-4; or
28 (C) park authority established under IC 36-10-5;
29 requests the local authority to decrease the limit.
30 (3) The speed zone is properly signed.
31 (f) A city, town, or county may establish speed limits on a street or
32 highway upon which a school is located if the street or highway is
33 under the jurisdiction of the city, town, or county, respectively.
34 However, a speed limit established under this subsection is valid only
35 if the following conditions exist:
36 (1) The limit is not less than twenty (20) miles per hour.
37 (2) The limit is imposed only in the immediate vicinity of the
38 school.
39 (3) Children are present.
40 (4) The speed zone is properly signed. There must be:
41 (A) a sign located where the reduced speed zone begins or as
42 near as practical to the point where the reduced speed zone
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1 begins indicating the reduced speed limit and a sign located at
2 the end of the reduced speed zone indicating the end of the
3 reduced speed zone; and
4 (B) if the school operates on a twelve (12) month schedule, a
5 sign indicating that the school is an all year school.
6 (g) Except as provided in subsection (h), a person who exceeds a
7 speed limit established by a local authority under this section commits
8 a Class C infraction.
9 (h) A person who exceeds a speed limit that is established under
10 subsection (d) or (f) commits a Class B infraction.
11 SECTION 10. IC 9-21-5-12, AS AMENDED BY P.L.164-2018,
12 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 12. (a) Except as provided in subsection (d),
14 whenever the Indiana department of transportation determines on the
15 basis of an engineering and traffic investigation that a maximum speed
16 set forth in this chapter is greater or less than is reasonable or safe
17 under the conditions found to exist at an intersection or other place or
18 on part of the state highway system, the Indiana department of
19 transportation may determine and declare a reasonable and safe
20 maximum limit at the intersection or on the part of the state highway
21 system. The differing limit is effective when appropriate signs giving
22 notice of the limit are erected.
23 (b) A maximum speed limit under this section may be declared to
24 be effective at all times or at times indicated on the signs. Differing
25 limits may be established for different times of day, different types of
26 vehicles, varying weather conditions, and other factors bearing on safe
27 speeds. The differing limits are effective when posted on appropriate
28 fixed or variable signs.
29 (c) A person who exceeds a speed limit established under this
30 section commits a Class C infraction.
31 (d) The Indiana department of transportation may decrease the
32 speed limit on a highway in its jurisdiction with a functional
33 classification of minor collector or local road in an urban district
34 to twenty (20) miles per hour without an engineering and traffic
35 investigation.
36 SECTION 11. IC 36-9-42.2-9 IS REPEALED [EFFECTIVE JULY
37 1, 2024]. Sec. 9. Not later than November 1 of each year, the
38 department shall submit a report on the program to the general
39 assembly in an electronic format under IC 5-14-6. A report submitted
40 under this section must include:
41 (1) a summary of the awarded exchanged funds to eligible entities
42 during the previous state fiscal year; and
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1 (2) a status report on the implementation of projects funded
2 through the program.
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