LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6554 NOTE PREPARED: Jan 30, 2024
BILL NUMBER: HB 1090 BILL AMENDED: Jan 23, 2024
SUBJECT: Transportation Matters.
FIRST AUTHOR: Rep. Pressel BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Crider
FUNDS AFFECTED: GENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a conveyance to the state is excepted from the definition
of a "conveyance document" requiring a sales disclosure form.
The bill amends the annual reporting requirements for the Indiana Department of Transportation (INDOT).
The bill 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.
The bill also 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.
It also 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 Date: July 1, 2024.
Explanation of State Expenditures: Sales Disclosure - Exempting state from sales disclosure requirements
for property conveyances is expected to result in workload and cost savings for INDOT. Based on anticipated
conveyances for FY 2025, this change would result in approximately $315,000 in cost savings for the State
Highway Fund.
Engineering and Traffic Investigation - The bill would allow INDOT to decrease the speed limit without an
HB 1090 1 engineering and traffic study if a stretch of highway is either a minor collector road or local road in an urban
district. This change would decrease State Highway Fund expenditures on engineering and traffic studies
beginning in FY 2025. The reduction in state expenditures is expected to be minimal.
Additional Information - Industrial Rail Service Fund - The bill changes the amount a grant recipient must
contribute from not more than 25% of project costs to not less than 25% of project costs. This change
codifies existing practice as reported in the most recent publishing of the Industrial Rail Service Fund Grant
Application Guidelines.
INDOT currently specifies the maximum grant from the Industrial Rail Service Fund is $250,000 and cannot
exceed 75% of project total costs. Eligible applicants are limited to Class II and III freight railroads or Port
Authorities operating in Indiana (tourist, passenger, and museum railroads are not eligible). Classification
as a Class II or III railroad is determined by the federal Surface Transportation Board based on the amount
of revenue each railroad generates.
Interim Committee on Roads and Transportation - The bill changes annual INDOT reporting requirements
effective during the 2024 interim. These changes are not expected to have an impact on INDOT workload.
Explanation of State Revenues: Changes in the bill related to evidence allowable in personal injury civil
cases are not expected to impact civil court filing fee revenue.
The bill also changes the maximum speed limit a local authority can establish for an alleyway from 30 miles
per hour to 20 miles per hour. This change is not expected to have a fiscal impact.
Explanation of Local Expenditures: Engineering and Traffic Investigation - The bill would allow local
units of government to decrease the speed limit without an engineering and traffic study if stretch of highway
is either a minor collector road or local road in an urban district. This change could decrease local
expenditures on engineering and traffic studies to the extent local units of government consider reducing
speed limits by exempting these roads from the required studies.
Railroad Crossing Closings - Local units of government are currently required to conduct public hearings
in instances where a petition has been filed to close a railroad crossing. Under the bill, notices in public
newspapers and certified mailings would be required to be provided to interested parties who might be
affected by the closing. These notices would be in addition to posted notices concerning the public hearing.
As a result, local expenditures could increase to provide the required notices to interested parties.
Explanation of Local Revenues:
State Agencies Affected: INDOT.
Local Agencies Affected: All.
Information Sources: FY 2023 Grant Application Guidelines, Industrial Rail Service Fund; Andrea
Zimmerman, INDOT.
Fiscal Analyst: Bill Brumbach, 317-232-9559.
HB 1090 2