*EH1090.1*
February 14, 2024
ENGROSSED
HOUSE BILL No. 1090
_____
DIGEST OF HB 1090 (Updated February 13, 2024 10:45 am - DI 140)
Citations Affected: IC 6-1.1; IC 8-3; IC 8-6; IC 8-23; IC 9-19;
IC 9-21; IC 36-9.
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 a
unit to hold a public hearing before agreeing with a railroad to the
closure of a public railroad crossing within the unit's jurisdiction.
Allows evidence of a failure to comply with passenger restraint system
statutes to be admitted in a civil action as to mitigation of damages for
a plaintiff who is at least 15 years of age or older. 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, Smaltz
(SENATE SPONSOR — CRIDER)
January 8, 2024, read first time and referred to Committee on Roads and Transportation.
January 23, 2024, amended, reported — Do Pass.
January 25, 2024, read second time, ordered engrossed. Engrossed.
January 29, 2024, read third time, passed. Yeas 85, nays 12.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Judiciary.
February 6, 2024, reassigned to Committee on Homeland Security and Transportation
pursuant to Rule 68(b).
February 13, 2024, reported favorably — Do Pass.
EH 1090—LS 6554/DI 137 February 14, 2024
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.
ENGROSSED
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,
EH 1090—LS 6554/DI 137 2
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 8-6-7.7-3.2, AS AMENDED BY P.L.198-2016,
EH 1090—LS 6554/DI 137 3
1 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 3.2. (a) A person may petition a unit (as defined
3 in IC 36-1-2-23) under whose jurisdiction a public railroad crossing
4 lies for the closure of a public railroad crossing. The unit shall conduct
5 a public hearing on the petition not more than sixty (60) days after the
6 date on which the unit receives the petition. Notice of the public
7 hearing must be provided under section 3.5 of this chapter.
8 (b) Except as provided in subsection (c), if the unit determines that
9 the crossing meets the criteria adopted by the Indiana department of
10 transportation under section 3.1 of this chapter for closing a crossing,
11 the unit shall approve the petition described in subsection (a) and issue
12 an order to close the crossing. The unit shall provide a copy of the
13 unit's findings to the Indiana department of transportation.
14 (c) If the unit determines that:
15 (1) the crossing meets the criteria for closure adopted by the
16 Indiana department of transportation under section 3.1 of this
17 chapter; and
18 (2) a compelling reason has been shown to exist for the crossing
19 to remain open;
20 the unit may deny a petition to close the crossing. The unit shall
21 provide a copy of the unit's findings to the Indiana department of
22 transportation.
23 (d) If the unit determines that the crossing does not meet the criteria
24 for closure adopted by the Indiana department of transportation and
25 section 3.1 of this chapter, the unit may deny a petition to close the
26 crossing.
27 (e) Notwithstanding subsections (a) through (d), A unit and a
28 railroad may agree to close a crossing within the jurisdiction of the
29 unit. The unit must conduct a public hearing before agreeing to the
30 closure of the crossing. Notice of the public hearing must be
31 provided under section 3.5 of this chapter.
32 SECTION 4. IC 8-6-7.7-3.5 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 3.5. The unit (as defined in IC 36-1-2-23) under whose
35 jurisdiction a public railroad crossing lies must provide notice of
36 the public hearing regarding the proposed closure as follows:
37 (1) By publication in two (2) newspapers of general
38 circulation in the unit, published not less than thirty (30) days
39 prior to the public hearing.
40 (2) By certified mail to those property owners who would be
41 considered interested parties under the unit's rules for
42 providing notice under IC 36-7-4, postmarked not less than
EH 1090—LS 6554/DI 137 4
1 thirty (30) days prior to the public hearing.
2 SECTION 5. IC 8-23-2-5, AS AMENDED BY P.L.121-2021,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 5. (a) The department, through the commissioner
5 or the commissioner's designee, shall:
6 (1) develop, continuously update, and implement:
7 (A) long range comprehensive transportation plans;
8 (B) work programs; and
9 (C) budgets;
10 to assure the orderly development and maintenance of an efficient
11 statewide system of transportation;
12 (2) implement the policies, plans, and work programs adopted by
13 the department;
14 (3) organize by creating, merging, or abolishing divisions;
15 (4) evaluate and utilize whenever possible improved
16 transportation facility maintenance and construction techniques;
17 (5) carry out public transportation responsibilities, including:
18 (A) developing and recommending public transportation
19 policies, plans, and work programs;
20 (B) providing technical assistance and guidance in the area of
21 public transportation to political subdivisions with public
22 transportation responsibilities;
23 (C) developing work programs for the utilization of federal
24 mass transportation funds;
25 (D) furnishing data from surveys, plans, specifications, and
26 estimates required to qualify a state agency or political
27 subdivision for federal mass transportation funds;
28 (E) conducting or participating in any public hearings to
29 qualify urbanized areas for an allocation of federal mass
30 transportation funding;
31 (F) serving, upon designation of the governor, as the state
32 agency to receive and disburse any state or federal mass
33 transportation funds that are not directly allocated to an
34 urbanized area;
35 (G) entering into agreements with other states, regional
36 agencies created in other states, and municipalities in other
37 states for the purpose of improving public transportation
38 service to the citizens; and
39 (H) developing and including in its own proposed
40 transportation plan a specialized transportation services plan
41 for the elderly and persons with disabilities;
42 (6) provide technical assistance to units of local government with
EH 1090—LS 6554/DI 137 5
1 road and street responsibilities;
2 (7) develop, undertake, and administer the program of research
3 and extension required under IC 8-17-7;
4 (8) allow public testimony in accordance with section 17 of this
5 chapter whenever the department holds a public hearing (as
6 defined in section 17 of this chapter); and
7 (9) subject to section 6.5 of this chapter, adopt rules under
8 IC 4-22-2 to reasonably and cost effectively manage the
9 right-of-way of the state highway system by establishing a formal
10 procedure for highway improvement projects that involve the
11 relocation of utility facilities by providing for an exchange of
12 information among the department, utilities, and the department's
13 highway construction contractors.
14 (b) Rules adopted under subsection (a)(9):
15 (1) shall not unreasonably affect the cost, or impair the safety or
16 reliability, of a utility service; and
17 (2) must require a utility to provide information concerning all
18 authorized representatives of the utility for purposes of highway
19 improvement projects and improvement projects undertaken by
20 local units of government.
21 (c) A civil action may be prosecuted by or against the department,
22 a department highway construction contractor, or a utility to recover
23 costs and expenses directly resulting from willful violation of the rules.
24 Nothing in this section or in subsection (a)(9) shall be construed as
25 granting authority to the department to adopt rules establishing fines,
26 assessments, or other penalties for or against utilities or the
27 department's highway construction contractors.
28 (d) Based on information provided by utilities under rules described
29 in subsection (b)(2), the department shall establish and publish on the
30 department's Internet web site website a searchable data base of
31 authorized representatives of utilities for purposes of improvement
32 projects that involve the relocation of utility facilities. A utility that
33 provides information described in subsection (b)(2) shall:
34 (1) update the information provided to the department on an
35 annual basis; and
36 (2) notify the department of any change in the information not
37 more than thirty (30) days after the change occurs.
38 (e) Not later than August 1 November 1 of each year, the
39 department, through the commissioner or the commissioner's designee,
40 shall prepare for the interim study committee on roads and
41 transportation a report that includes updates on the following:
42 (1) Transportation and infrastructure funding.
EH 1090—LS 6554/DI 137 6
1 (2) Public-private agreements under IC 8-15.5.
2 (3) Public-private partnerships under IC 8-15.7.
3 (4) Reports and supplements prepared under IC 8-23-12.
4 (5) Programs and projects conducted in cooperation with Purdue
5 University under IC 8-23-9-56.
6 (6) any other information requested by the study committee to aid
7 in the study of the study committee's assigned topics.
8 The report must be submitted in an electronic format under IC 5-14-6.
9 SECTION 6. IC 8-23-9-56, AS AMENDED BY P.L.53-2014,
10 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 56. (a) The department may cooperate with and
12 assist Purdue University in developing the best methods of improving
13 and maintaining the highways of the state and the respective counties.
14 In so cooperating with Purdue University and for the purpose of
15 developing and disseminating helpful information concerning road
16 construction and improvement and the operation of the highways of the
17 state and the counties, the department may expend money annually
18 from the funds appropriated to the department's use for the use and
19 benefit of Purdue University in carrying on programs of highway
20 research and highway extension at or in connection with Purdue
21 University and for the annual road school held at Purdue University. In
22 addition, the money may be increased by federal funds, which may be
23 made available to the department for the engineering and economic
24 investigation of projects for future construction and for highway
25 research necessary in connection therewith.
26 (b) For the purpose of disseminating knowledge of the highway
27 maintenance methods that are best suited to the various sections of
28 Indiana, the county and state highway officials, in cooperation with
29 Purdue University, may hold joint road meetings in the various sections
30 of Indiana.
31 (c) The aid authorized by this section shall be paid quarterly by the
32 department to Purdue University upon proper voucher.
33 (d) Not later than August 1 of each year, a representative of Purdue
34 University shall prepare, in cooperation with the department under
35 IC 8-23-2-5(e)(5), for the interim study committee on roads and
36 transportation a report that includes updates on the following:
37 (1) Programs or projects conducted under this section.
38 (2) Any other information requested by the study committee.
39 The report must be submitted in an electronic format under IC 5-14-6.
40 SECTION 7. IC 8-23-12-5 IS REPEALED [EFFECTIVE JULY 1,
41 2024]. Sec. 5. The department shall prepare and publish and make
42 public a report at the end of each fiscal year. The report must contain
EH 1090—LS 6554/DI 137 7
1 appropriate financial data concerning receipts and disbursements, the
2 past year's accomplishments, the current highway improvement
3 program, a proposed program of construction to be accomplished
4 within the following two (2) fiscal years, and an appraisal of the state's
5 highway needs and the relative urgency of these needs.
6 SECTION 8. IC 9-19-10-7, AS AMENDED BY P.L.262-2013,
7 SECTION 102, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) Failure to comply with
9 section 1, 2, or 3.1(a) of this chapter does not constitute fault under
10 IC 34-51-2 and does not limit the liability of an insurer.
11 (b) Except as provided in subsection (c), evidence of the failure to
12 comply with section 1, 2, or 3.1(a) of this chapter may not be admitted
13 in a civil action to mitigate damages.
14 (c) (b) This subsection applies to a cause of action accruing
15 before July 1, 2024. Evidence of a failure to comply with this chapter
16 may be admitted in a civil action as to mitigation of damages in a
17 product liability action involving a motor vehicle restraint or
18 supplemental restraint system. The defendant in such an action has the
19 burden of proving noncompliance with this chapter and that
20 compliance with this chapter would have reduced injuries, and the
21 extent of the reduction.
22 (c) This subsection applies to a cause of action accruing after
23 June 30, 2024. For a plaintiff who was at least fifteen (15) years of
24 age or older at the time the cause of action accrued, evidence of a
25 failure to comply with this chapter may be admitted in any civil
26 action as to mitigation of damages. The defendant in such an action
27 has the burden of proving noncompliance with this chapter and
28 that compliance with this chapter would have reduced injuries.
29 SECTION 9. IC 9-19-11-8 IS REPEALED [EFFECTIVE JULY 1,
30 2024]. Sec. 8. Failure to comply with this chapter does not constitute
31 contributory negligence.
32 SECTION 10. IC 9-19-11-8.5 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. In a civil action seeking to
35 recover damages for personal injuries or death experienced by a
36 plaintiff who:
37 (1) was in a motor vehicle that was manufactured after
38 September 1, 1986, and equipped with at least one (1)
39 inflatable restraint system; and
40 (2) was fifteen (15) years of age or older at the time the cause
41 of action accrued;
42 evidence that the motor vehicle was not operating in compliance
EH 1090—LS 6554/DI 137 8
1 with section 2 or 3.6 of this chapter may be admitted as proof of
2 failure to mitigate damages.
3 SECTION 11. IC 9-21-5-6, AS AMENDED BY P.L.164-2018,
4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (e) and
6 (f), whenever a local authority in the authority's jurisdiction determines
7 that the maximum speed permitted under this chapter is greater or less
8 than reasonable and safe under the conditions found to exist on a
9 highway or part of a highway, the local authority may determine and
10 declare a reasonable and safe maximum limit on the highway. The
11 maximum limit declared under this section may do any of the
12 following:
13 (1) Decrease the limit within urban districts, but not to less than
14 twenty (20) miles per hour.
15 (2) Increase the limit within an urban district, but not to more than
16 fifty-five (55) miles per hour during daytime and fifty (50) miles
17 per hour during nighttime.
18 (3) Decrease the limit outside an urban district, but not to less
19 than thirty (30) miles per hour.
20 (4) Decrease the limit in an alley, but to not less than five (5)
21 miles per hour.
22 (5) Increase the limit in an alley, but to not more than thirty (30)
23 twenty (20) miles per hour.
24 The local authority must perform an engineering and traffic
25 investigation before a determination may be made to change a speed
26 limit under subdivision (2), (3), (4), or (5) or before the speed limit on
27 a highway with a functional classification of arterial or major
28 collector within an urban district may be decreased to less than
29 twenty-five (25) miles per hour under subdivision (1). An engineering
30 and traffic investigation is not required to decrease the speed limit
31 to twenty (20) miles per hour on a highway with a functional
32 classification of minor collector or local road in an urban district.
33 (b) Except as provided in subsection (f), a local authority in the
34 authority's jurisdiction shall determine by an engineering and traffic
35 investigation the proper maximum speed for all local streets and shall
36 declare a reasonable and safe maximum speed permitted under this
37 chapter for an urban district. However, an engineering and traffic study
38 is not required to be performed for the local streets in an urban district
39 under this subsection if the local authority determines that the proper
40 maximum speed in the urban district is not less than twenty-five (25)
41 miles per hour.
42 (c) An altered limit established under this section is effective at all
EH 1090—LS 6554/DI 137 9
1 times or during hours of darkness or at other times as may be
2 determined when appropriate signs giving notice of the altered limit are
3 erected on the street or highway.
4 (d) Except as provided in this subsection, a local authority may not
5 alter a speed limit on a highway or extension of a highway in the state
6 highway system. A city or town may establish speed limits on state
7 highways upon which a school is located. However, a speed limit
8 established under this subsection is valid only if the following
9 conditions exist:
10 (1) The limit is not less than twenty (20) miles per hour.
11 (2) The limit is imposed only in the immediate vicinity of the
12 school.
13 (3) Children are present.
14 (4) The speed zone is properly signed. There must be:
15 (A) a sign located:
16 (i) where the reduced speed zone begins; or
17 (ii) as near as practical to the point where the reduced speed
18 zone begins;
19 indicating the reduced speed limit; and
20 (B) a sign located at the end of the reduced speed zone
21 indicating:
22 (i) the speed limit for the section of highway that follows; or
23 (ii) the end of the reduced speed zone.
24 (5) The Indiana department of transportation has been notified of
25 the limit imposed by certified mail.
26 (e) A local authority may decrease a limit on a street to not less than
27 fifteen (15) miles per hour if the following conditions exist:
28 (1) The street is located within a park or playground established
29 under IC 36-10.
30 (2) The:
31 (A) board established under IC 36-10-3;
32 (B) board established under IC 36-10-4; or
33 (C) park authority established under IC 36-10-5;
34 requests the local authority to decrease the limit.
35 (3) The speed zone is properly signed.
36 (f) A city, town, or county may establish speed limits on a street or
37 highway upon which a school is located if the street or highway is
38 under the jurisdiction of the city, town, or county, respectively.
39 However, a speed limit established under this subsection is valid only
40 if the following conditions exist:
41 (1) The limit is not less than twenty (20) miles per hour.
42 (2) The limit is imposed only in the immediate vicinity of the
EH 1090—LS 6554/DI 137 10
1 school.
2 (3) Children are present.
3 (4) The speed zone is properly signed. There must be:
4 (A) a sign located where the reduced speed zone begins or as
5 near as practical to the point where the reduced speed zone
6 begins indicating the reduced speed limit and a sign located at
7 the end of the reduced speed zone indicating the end of the
8 reduced speed zone; and
9 (B) if the school operates on a twelve (12) month schedule, a
10 sign indicating that the school is an all year school.
11 (g) Except as provided in subsection (h), a person who exceeds a
12 speed limit established by a local authority under this section commits
13 a Class C infraction.
14 (h) A person who exceeds a speed limit that is established under
15 subsection (d) or (f) commits a Class B infraction.
16 SECTION 12. IC 9-21-5-12, AS AMENDED BY P.L.164-2018,
17 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 12. (a) Except as provided in subsection (d),
19 whenever the Indiana department of transportation determines on the
20 basis of an engineering and traffic investigation that a maximum speed
21 set forth in this chapter is greater or less than is reasonable or safe
22 under the conditions found to exist at an intersection or other place or
23 on part of the state highway system, the Indiana department of
24 transportation may determine and declare a reasonable and safe
25 maximum limit at the intersection or on the part of the state highway
26 system. The differing limit is effective when appropriate signs giving
27 notice of the limit are erected.
28 (b) A maximum speed limit under this section may be declared to
29 be effective at all times or at times indicated on the signs. Differing
30 limits may be established for different times of day, different types of
31 vehicles, varying weather conditions, and other factors bearing on safe
32 speeds. The differing limits are effective when posted on appropriate
33 fixed or variable signs.
34 (c) A person who exceeds a speed limit established under this
35 section commits a Class C infraction.
36 (d) The Indiana department of transportation may decrease the
37 speed limit on a highway in its jurisdiction with a functional
38 classification of minor collector or local road in an urban district
39 to twenty (20) miles per hour without an engineering and traffic
40 investigation.
41 SECTION 13. IC 36-9-42.2-9 IS REPEALED [EFFECTIVE JULY
42 1, 2024]. Sec. 9. Not later than November 1 of each year, the
EH 1090—LS 6554/DI 137 11
1 department shall submit a report on the program to the general
2 assembly in an electronic format under IC 5-14-6. A report submitted
3 under this section must include:
4 (1) a summary of the awarded exchanged funds to eligible entities
5 during the previous state fiscal year; and
6 (2) a status report on the implementation of projects funded
7 through the program.
EH 1090—LS 6554/DI 137 12
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred House Bill 1090, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 3. IC 8-6-7.7-3.2, AS AMENDED BY P.L.198-2016,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3.2. (a) A person may petition a unit (as defined
in IC 36-1-2-23) under whose jurisdiction a public railroad crossing
lies for the closure of a public railroad crossing. The unit shall conduct
a public hearing on the petition not more than sixty (60) days after the
date on which the unit receives the petition. Notice of the public
hearing must be provided under section 3.5 of this chapter.
(b) Except as provided in subsection (c), if the unit determines that
the crossing meets the criteria adopted by the Indiana department of
transportation under section 3.1 of this chapter for closing a crossing,
the unit shall approve the petition described in subsection (a) and issue
an order to close the crossing. The unit shall provide a copy of the
unit's findings to the Indiana department of transportation.
(c) If the unit determines that:
(1) the crossing meets the criteria for closure adopted by the
Indiana department of transportation under section 3.1 of this
chapter; and
(2) a compelling reason has been shown to exist for the crossing
to remain open;
the unit may deny a petition to close the crossing. The unit shall
provide a copy of the unit's findings to the Indiana department of
transportation.
(d) If the unit determines that the crossing does not meet the criteria
for closure adopted by the Indiana department of transportation and
section 3.1 of this chapter, the unit may deny a petition to close the
crossing.
(e) Notwithstanding subsections (a) through (d), A unit and a
railroad may agree to close a crossing within the jurisdiction of the
unit. The unit must conduct a public hearing before agreeing to the
closure of the crossing. Notice of the public hearing must be
provided under section 3.5 of this chapter.
SECTION 4. IC 8-6-7.7-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 3.5. The unit (as defined in IC 36-1-2-23) under whose
EH 1090—LS 6554/DI 137 13
jurisdiction a public railroad crossing lies must provide notice of
the public hearing regarding the proposed closure as follows:
(1) By publication in two (2) newspapers of general
circulation in the unit, published not less than thirty (30) days
prior to the public hearing.
(2) By certified mail to those property owners who would be
considered interested parties under the unit's rules for
providing notice under IC 36-7-4, postmarked not less than
thirty (30) days prior to the public hearing.".
Page 6, delete lines 4 through 27, begin a new paragraph and insert:
"SECTION 8. IC 9-19-10-7, AS AMENDED BY P.L.262-2013,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 7. (a) Failure to comply with
section 1, 2, or 3.1(a) of this chapter does not constitute fault under
IC 34-51-2 and does not limit the liability of an insurer.
(b) Except as provided in subsection (c), evidence of the failure to
comply with section 1, 2, or 3.1(a) of this chapter may not be admitted
in a civil action to mitigate damages.
(c) (b) This subsection applies to a cause of action accruing
before July 1, 2024. Evidence of a failure to comply with this chapter
may be admitted in a civil action as to mitigation of damages in a
product liability action involving a motor vehicle restraint or
supplemental restraint system. The defendant in such an action has the
burden of proving noncompliance with this chapter and that
compliance with this chapter would have reduced injuries, and the
extent of the reduction.
(c) This subsection applies to a cause of action accruing after
June 30, 2024. For a plaintiff who was at least fifteen (15) years of
age or older at the time the cause of action accrued, evidence of a
failure to comply with this chapter may be admitted in any civil
action as to mitigation of damages. The defendant in such an action
has the burden of proving noncompliance with this chapter and
that compliance with this chapter would have reduced injuries.".
Page 6, delete lines 31 through 39, begin a new paragraph and
insert:
"SECTION 10. IC 9-19-11-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 8.5. In a civil action seeking to
recover damages for personal injuries or death experienced by a
plaintiff who:
(1) was in a motor vehicle that was manufactured after
September 1, 1986, and equipped with at least one (1)
EH 1090—LS 6554/DI 137 14
inflatable restraint system; and
(2) was fifteen (15) years of age or older at the time the cause
of action accrued;
evidence that the motor vehicle was not operating in compliance
with section 2 or 3.6 of this chapter may be admitted as proof of
failure to mitigate damages.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1090 as introduced.)
PRESSEL
Committee Vote: yeas 10, nays 0.
_____
REPORT OF THE PRESIDENT
PRO TEMPORE
Madam President: Pursuant to Senate Rule 68(b), I hereby report
that House Bill 1090, currently assigned to the Committee on Judiciary,
be reassigned to the Committee on Homeland Security and
Transportation.
BRAY
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Homeland Security
and Transportation, to which was referred House Bill No. 1090, has
had the same under consideration and begs leave to report the same
back to the Senate with the recommendation that said bill DO PASS.
(Reference is to HB 1090 as printed January 23, 2024.)
CRIDER, Chairperson
Committee Vote: Yeas 7, Nays 0
EH 1090—LS 6554/DI 137