Indiana 2024 Regular Session

Indiana House Bill HB1090 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1090.1
	2	+	February 14, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1090
	5	+	_____
	6	+	DIGEST OF HB 1090 (Updated February 13, 2024 10:45 am - DI 140)
	7	+	Citations Affected: IC 6-1.1; IC 8-3; IC 8-6; IC 8-23; IC 9-19;
	8	+	IC 9-21; IC 36-9.
	9	+	Synopsis: Transportation matters. Provides that a conveyance to the
	10	+	state is excepted from the definition of a "conveyance document"
	11	+	requiring a sales disclosure form. Amends the annual reporting
	12	+	requirements for the Indiana department of transportation. Requires a
	13	+	unit to hold a public hearing before agreeing with a railroad to the
	14	+	closure of a public railroad crossing within the unit's jurisdiction.
	15	+	Allows evidence of a failure to comply with passenger restraint system
	16	+	statutes to be admitted in a civil action as to mitigation of damages for
	17	+	a plaintiff who is at least 15 years of age or older. Provides that an
	18	+	engineering and traffic investigation is not required to decrease the
	19	+	speed limit to 20 miles per hour on a highway with a functional
	20	+	classification of minor collector or local road in an urban district.
	21	+	Effective: July 1, 2024.
	22	+	Pressel, Smaltz
	23	+	(SENATE SPONSOR — CRIDER)
	24	+	January 8, 2024, read first time and referred to Committee on Roads and Transportation.
	25	+	January 23, 2024, amended, reported — Do Pass.
	26	+	January 25, 2024, read second time, ordered engrossed. Engrossed.
	27	+	January 29, 2024, read third time, passed. Yeas 85, nays 12.
	28	+	SENATE ACTION
	29	+	February 5, 2024, read first time and referred to Committee on Judiciary.
	30	+	February 6, 2024, reassigned to Committee on Homeland Security and Transportation
	31	+	pursuant to Rule 68(b).
	32	+	February 13, 2024, reported favorably — Do Pass.
	33	+	EH 1090—LS 6554/DI 137 February 14, 2024
1	34		Second Regular Session of the 123rd General Assembly (2024)
2	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	37		additions will appear in this style type, and deletions will appear in this style type.
5	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	39		provision adopted), the text of the new provision will appear in this style type. Also, the
7	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	41		a new provision to the Indiana Code or the Indiana Constitution.
9	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	43		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1090
12		-	AN ACT to amend the Indiana Code concerning transportation.
	44	+	ENGROSSED
	45	+	HOUSE BILL No. 1090
	46	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	47	+	transportation.
13	48		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 6-1.1-5.5-2, AS AMENDED BY P.L.182-2009(ss),
15		-	SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 2. (a) As used in this chapter, "conveyance
17		-	document" means any of the following:
18		-	(1) Any of the following that purports to transfer a real property
19		-	interest for valuable consideration:
20		-	(A) A document.
21		-	(B) A deed.
22		-	(C) A contract of sale.
23		-	(D) An agreement.
24		-	(E) A judgment.
25		-	(F) A lease that includes the fee simple estate and is for a
26		-	period in excess of ninety (90) years.
27		-	(G) A quitclaim deed serving as a source of title.
28		-	(H) Another document presented for recording.
29		-	(2) Documents for compulsory transactions as a result of
30		-	foreclosure or express threat of foreclosure, divorce, court order,
31		-	condemnation, or probate.
32		-	(3) Documents involving the partition of land between tenants in
33		-	common, joint tenants, or tenants by the entirety.
34		-	(b) The term does not include the following:
35		-	(1) Security interest documents such as mortgages and trust
36		-	HEA 1090 2
37		-	deeds.
38		-	(2) Leases that are for a term of less than ninety (90) years.
39		-	(3) Agreements and other documents for mergers, consolidations,
40		-	and incorporations involving solely nonlisted stock.
41		-	(4) Quitclaim deeds not serving as a source of title.
42		-	(5) Public utility or governmental easements or rights-of-way.
43		-	(6) Conveyances to the state.
44		-	SECTION 2. IC 8-3-1.7-2 IS AMENDED TO READ AS
45		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) There is created
46		-	a fund known as the industrial rail service fund. The fund shall consist
47		-	of money distributed to the fund by IC 6-2.5-10-1 and IC 8-3-1.5-20.
48		-	Amounts held in the fund may only be used to do the following:
49		-	(1) Provide loans to railroads that will be used to purchase or
50		-	rehabilitate real or personal property that will be used by the
51		-	railroad in providing railroad transportation services.
52		-	(2) Pay operating expenses of the Indiana department of
53		-	transportation, subject to appropriation by the general assembly.
54		-	(3) Provide fifty thousand dollars ($50,000) annually to the
55		-	Indiana department of transportation for rail planning activities.
56		-	Money distributed under this subdivision does not revert back to
57		-	the state general fund at the end of a state fiscal year.
58		-	(4) Provide money for the high speed rail development fund under
59		-	IC 8-23-25.
60		-	(5) Provide grants to a railroad owned or operated by a port
61		-	authority established under IC 8-10-5.
62		-	(6) Make grants to a Class II or a Class III railroad for the
63		-	rehabilitation of railroad infrastructure or railroad construction.
64		-	(b) A grant made under subsection (a)(5) may not exceed twenty
65		-	percent (20%) of the gross sales and use tax receipts deposited in the
66		-	fund under IC 6-2.5-10-1 during the fiscal year preceding the fiscal
67		-	year in which the grant is made.
68		-	(c) A grant program under subsection (a)(6) must:
69		-	(1) provide a grant to a recipient of not more than seventy-five
70		-	percent (75%) of the cost of the project; and
71		-	(2) require a grant recipient to pay for not more less than
72		-	twenty-five percent (25%) of the cost of a project.
73		-	SECTION 3. IC 8-6-7.7-3.2, AS AMENDED BY P.L.198-2016,
	49	+	1 SECTION 1. IC 6-1.1-5.5-2, AS AMENDED BY P.L.182-2009(ss),
	50	+	2 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	51	+	3 JULY 1, 2024]: Sec. 2. (a) As used in this chapter, "conveyance
	52	+	4 document" means any of the following:
	53	+	5 (1) Any of the following that purports to transfer a real property
	54	+	6 interest for valuable consideration:
	55	+	7 (A) A document.
	56	+	8 (B) A deed.
	57	+	9 (C) A contract of sale.
	58	+	10 (D) An agreement.
	59	+	11 (E) A judgment.
	60	+	12 (F) A lease that includes the fee simple estate and is for a
	61	+	13 period in excess of ninety (90) years.
	62	+	14 (G) A quitclaim deed serving as a source of title.
	63	+	15 (H) Another document presented for recording.
	64	+	16 (2) Documents for compulsory transactions as a result of
	65	+	17 foreclosure or express threat of foreclosure, divorce, court order,
	66	+	EH 1090—LS 6554/DI 137 2
	67	+	1 condemnation, or probate.
	68	+	2 (3) Documents involving the partition of land between tenants in
	69	+	3 common, joint tenants, or tenants by the entirety.
	70	+	4 (b) The term does not include the following:
	71	+	5 (1) Security interest documents such as mortgages and trust
	72	+	6 deeds.
	73	+	7 (2) Leases that are for a term of less than ninety (90) years.
	74	+	8 (3) Agreements and other documents for mergers, consolidations,
	75	+	9 and incorporations involving solely nonlisted stock.
	76	+	10 (4) Quitclaim deeds not serving as a source of title.
	77	+	11 (5) Public utility or governmental easements or rights-of-way.
	78	+	12 (6) Conveyances to the state.
	79	+	13 SECTION 2. IC 8-3-1.7-2 IS AMENDED TO READ AS
	80	+	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) There is created
	81	+	15 a fund known as the industrial rail service fund. The fund shall consist
	82	+	16 of money distributed to the fund by IC 6-2.5-10-1 and IC 8-3-1.5-20.
	83	+	17 Amounts held in the fund may only be used to do the following:
	84	+	18 (1) Provide loans to railroads that will be used to purchase or
	85	+	19 rehabilitate real or personal property that will be used by the
	86	+	20 railroad in providing railroad transportation services.
	87	+	21 (2) Pay operating expenses of the Indiana department of
	88	+	22 transportation, subject to appropriation by the general assembly.
	89	+	23 (3) Provide fifty thousand dollars ($50,000) annually to the
	90	+	24 Indiana department of transportation for rail planning activities.
	91	+	25 Money distributed under this subdivision does not revert back to
	92	+	26 the state general fund at the end of a state fiscal year.
	93	+	27 (4) Provide money for the high speed rail development fund under
	94	+	28 IC 8-23-25.
	95	+	29 (5) Provide grants to a railroad owned or operated by a port
	96	+	30 authority established under IC 8-10-5.
	97	+	31 (6) Make grants to a Class II or a Class III railroad for the
	98	+	32 rehabilitation of railroad infrastructure or railroad construction.
	99	+	33 (b) A grant made under subsection (a)(5) may not exceed twenty
	100	+	34 percent (20%) of the gross sales and use tax receipts deposited in the
	101	+	35 fund under IC 6-2.5-10-1 during the fiscal year preceding the fiscal
	102	+	36 year in which the grant is made.
	103	+	37 (c) A grant program under subsection (a)(6) must:
	104	+	38 (1) provide a grant to a recipient of not more than seventy-five
	105	+	39 percent (75%) of the cost of the project; and
	106	+	40 (2) require a grant recipient to pay for not more less than
	107	+	41 twenty-five percent (25%) of the cost of a project.
	108	+	42 SECTION 3. IC 8-6-7.7-3.2, AS AMENDED BY P.L.198-2016,
	109	+	EH 1090—LS 6554/DI 137 3
	110	+	1 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	111	+	2 JULY 1, 2024]: Sec. 3.2. (a) A person may petition a unit (as defined
	112	+	3 in IC 36-1-2-23) under whose jurisdiction a public railroad crossing
	113	+	4 lies for the closure of a public railroad crossing. The unit shall conduct
	114	+	5 a public hearing on the petition not more than sixty (60) days after the
	115	+	6 date on which the unit receives the petition. Notice of the public
	116	+	7 hearing must be provided under section 3.5 of this chapter.
	117	+	8 (b) Except as provided in subsection (c), if the unit determines that
	118	+	9 the crossing meets the criteria adopted by the Indiana department of
	119	+	10 transportation under section 3.1 of this chapter for closing a crossing,
	120	+	11 the unit shall approve the petition described in subsection (a) and issue
	121	+	12 an order to close the crossing. The unit shall provide a copy of the
	122	+	13 unit's findings to the Indiana department of transportation.
	123	+	14 (c) If the unit determines that:
	124	+	15 (1) the crossing meets the criteria for closure adopted by the
	125	+	16 Indiana department of transportation under section 3.1 of this
	126	+	17 chapter; and
	127	+	18 (2) a compelling reason has been shown to exist for the crossing
	128	+	19 to remain open;
	129	+	20 the unit may deny a petition to close the crossing. The unit shall
	130	+	21 provide a copy of the unit's findings to the Indiana department of
	131	+	22 transportation.
	132	+	23 (d) If the unit determines that the crossing does not meet the criteria
	133	+	24 for closure adopted by the Indiana department of transportation and
	134	+	25 section 3.1 of this chapter, the unit may deny a petition to close the
	135	+	26 crossing.
	136	+	27 (e) Notwithstanding subsections (a) through (d), A unit and a
	137	+	28 railroad may agree to close a crossing within the jurisdiction of the
	138	+	29 unit. The unit must conduct a public hearing before agreeing to the
	139	+	30 closure of the crossing. Notice of the public hearing must be
	140	+	31 provided under section 3.5 of this chapter.
	141	+	32 SECTION 4. IC 8-6-7.7-3.5 IS ADDED TO THE INDIANA CODE
	142	+	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	143	+	34 1, 2024]: Sec. 3.5. The unit (as defined in IC 36-1-2-23) under whose
	144	+	35 jurisdiction a public railroad crossing lies must provide notice of
	145	+	36 the public hearing regarding the proposed closure as follows:
	146	+	37 (1) By publication in two (2) newspapers of general
	147	+	38 circulation in the unit, published not less than thirty (30) days
	148	+	39 prior to the public hearing.
	149	+	40 (2) By certified mail to those property owners who would be
	150	+	41 considered interested parties under the unit's rules for
	151	+	42 providing notice under IC 36-7-4, postmarked not less than
	152	+	EH 1090—LS 6554/DI 137 4
	153	+	1 thirty (30) days prior to the public hearing.
	154	+	2 SECTION 5. IC 8-23-2-5, AS AMENDED BY P.L.121-2021,
	155	+	3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	156	+	4 JULY 1, 2024]: Sec. 5. (a) The department, through the commissioner
	157	+	5 or the commissioner's designee, shall:
	158	+	6 (1) develop, continuously update, and implement:
	159	+	7 (A) long range comprehensive transportation plans;
	160	+	8 (B) work programs; and
	161	+	9 (C) budgets;
	162	+	10 to assure the orderly development and maintenance of an efficient
	163	+	11 statewide system of transportation;
	164	+	12 (2) implement the policies, plans, and work programs adopted by
	165	+	13 the department;
	166	+	14 (3) organize by creating, merging, or abolishing divisions;
	167	+	15 (4) evaluate and utilize whenever possible improved
	168	+	16 transportation facility maintenance and construction techniques;
	169	+	17 (5) carry out public transportation responsibilities, including:
	170	+	18 (A) developing and recommending public transportation
	171	+	19 policies, plans, and work programs;
	172	+	20 (B) providing technical assistance and guidance in the area of
	173	+	21 public transportation to political subdivisions with public
	174	+	22 transportation responsibilities;
	175	+	23 (C) developing work programs for the utilization of federal
	176	+	24 mass transportation funds;
	177	+	25 (D) furnishing data from surveys, plans, specifications, and
	178	+	26 estimates required to qualify a state agency or political
	179	+	27 subdivision for federal mass transportation funds;
	180	+	28 (E) conducting or participating in any public hearings to
	181	+	29 qualify urbanized areas for an allocation of federal mass
	182	+	30 transportation funding;
	183	+	31 (F) serving, upon designation of the governor, as the state
	184	+	32 agency to receive and disburse any state or federal mass
	185	+	33 transportation funds that are not directly allocated to an
	186	+	34 urbanized area;
	187	+	35 (G) entering into agreements with other states, regional
	188	+	36 agencies created in other states, and municipalities in other
	189	+	37 states for the purpose of improving public transportation
	190	+	38 service to the citizens; and
	191	+	39 (H) developing and including in its own proposed
	192	+	40 transportation plan a specialized transportation services plan
	193	+	41 for the elderly and persons with disabilities;
	194	+	42 (6) provide technical assistance to units of local government with
	195	+	EH 1090—LS 6554/DI 137 5
	196	+	1 road and street responsibilities;
	197	+	2 (7) develop, undertake, and administer the program of research
	198	+	3 and extension required under IC 8-17-7;
	199	+	4 (8) allow public testimony in accordance with section 17 of this
	200	+	5 chapter whenever the department holds a public hearing (as
	201	+	6 defined in section 17 of this chapter); and
	202	+	7 (9) subject to section 6.5 of this chapter, adopt rules under
	203	+	8 IC 4-22-2 to reasonably and cost effectively manage the
	204	+	9 right-of-way of the state highway system by establishing a formal
	205	+	10 procedure for highway improvement projects that involve the
	206	+	11 relocation of utility facilities by providing for an exchange of
	207	+	12 information among the department, utilities, and the department's
	208	+	13 highway construction contractors.
	209	+	14 (b) Rules adopted under subsection (a)(9):
	210	+	15 (1) shall not unreasonably affect the cost, or impair the safety or
	211	+	16 reliability, of a utility service; and
	212	+	17 (2) must require a utility to provide information concerning all
	213	+	18 authorized representatives of the utility for purposes of highway
	214	+	19 improvement projects and improvement projects undertaken by
	215	+	20 local units of government.
	216	+	21 (c) A civil action may be prosecuted by or against the department,
	217	+	22 a department highway construction contractor, or a utility to recover
	218	+	23 costs and expenses directly resulting from willful violation of the rules.
	219	+	24 Nothing in this section or in subsection (a)(9) shall be construed as
	220	+	25 granting authority to the department to adopt rules establishing fines,
	221	+	26 assessments, or other penalties for or against utilities or the
	222	+	27 department's highway construction contractors.
	223	+	28 (d) Based on information provided by utilities under rules described
	224	+	29 in subsection (b)(2), the department shall establish and publish on the
	225	+	30 department's Internet web site website a searchable data base of
	226	+	31 authorized representatives of utilities for purposes of improvement
	227	+	32 projects that involve the relocation of utility facilities. A utility that
	228	+	33 provides information described in subsection (b)(2) shall:
	229	+	34 (1) update the information provided to the department on an
	230	+	35 annual basis; and
	231	+	36 (2) notify the department of any change in the information not
	232	+	37 more than thirty (30) days after the change occurs.
	233	+	38 (e) Not later than August 1 November 1 of each year, the
	234	+	39 department, through the commissioner or the commissioner's designee,
	235	+	40 shall prepare for the interim study committee on roads and
	236	+	41 transportation a report that includes updates on the following:
	237	+	42 (1) Transportation and infrastructure funding.
	238	+	EH 1090—LS 6554/DI 137 6
	239	+	1 (2) Public-private agreements under IC 8-15.5.
	240	+	2 (3) Public-private partnerships under IC 8-15.7.
	241	+	3 (4) Reports and supplements prepared under IC 8-23-12.
	242	+	4 (5) Programs and projects conducted in cooperation with Purdue
	243	+	5 University under IC 8-23-9-56.
	244	+	6 (6) any other information requested by the study committee to aid
	245	+	7 in the study of the study committee's assigned topics.
	246	+	8 The report must be submitted in an electronic format under IC 5-14-6.
	247	+	9 SECTION 6. IC 8-23-9-56, AS AMENDED BY P.L.53-2014,
	248	+	10 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	249	+	11 JULY 1, 2024]: Sec. 56. (a) The department may cooperate with and
	250	+	12 assist Purdue University in developing the best methods of improving
	251	+	13 and maintaining the highways of the state and the respective counties.
	252	+	14 In so cooperating with Purdue University and for the purpose of
	253	+	15 developing and disseminating helpful information concerning road
	254	+	16 construction and improvement and the operation of the highways of the
	255	+	17 state and the counties, the department may expend money annually
	256	+	18 from the funds appropriated to the department's use for the use and
	257	+	19 benefit of Purdue University in carrying on programs of highway
	258	+	20 research and highway extension at or in connection with Purdue
	259	+	21 University and for the annual road school held at Purdue University. In
	260	+	22 addition, the money may be increased by federal funds, which may be
	261	+	23 made available to the department for the engineering and economic
	262	+	24 investigation of projects for future construction and for highway
	263	+	25 research necessary in connection therewith.
	264	+	26 (b) For the purpose of disseminating knowledge of the highway
	265	+	27 maintenance methods that are best suited to the various sections of
	266	+	28 Indiana, the county and state highway officials, in cooperation with
	267	+	29 Purdue University, may hold joint road meetings in the various sections
	268	+	30 of Indiana.
	269	+	31 (c) The aid authorized by this section shall be paid quarterly by the
	270	+	32 department to Purdue University upon proper voucher.
	271	+	33 (d) Not later than August 1 of each year, a representative of Purdue
	272	+	34 University shall prepare, in cooperation with the department under
	273	+	35 IC 8-23-2-5(e)(5), for the interim study committee on roads and
	274	+	36 transportation a report that includes updates on the following:
	275	+	37 (1) Programs or projects conducted under this section.
	276	+	38 (2) Any other information requested by the study committee.
	277	+	39 The report must be submitted in an electronic format under IC 5-14-6.
	278	+	40 SECTION 7. IC 8-23-12-5 IS REPEALED [EFFECTIVE JULY 1,
	279	+	41 2024]. Sec. 5. The department shall prepare and publish and make
	280	+	42 public a report at the end of each fiscal year. The report must contain
	281	+	EH 1090—LS 6554/DI 137 7
	282	+	1 appropriate financial data concerning receipts and disbursements, the
	283	+	2 past year's accomplishments, the current highway improvement
	284	+	3 program, a proposed program of construction to be accomplished
	285	+	4 within the following two (2) fiscal years, and an appraisal of the state's
	286	+	5 highway needs and the relative urgency of these needs.
	287	+	6 SECTION 8. IC 9-19-10-7, AS AMENDED BY P.L.262-2013,
	288	+	7 SECTION 102, IS AMENDED TO READ AS FOLLOWS
	289	+	8 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) Failure to comply with
	290	+	9 section 1, 2, or 3.1(a) of this chapter does not constitute fault under
	291	+	10 IC 34-51-2 and does not limit the liability of an insurer.
	292	+	11 (b) Except as provided in subsection (c), evidence of the failure to
	293	+	12 comply with section 1, 2, or 3.1(a) of this chapter may not be admitted
	294	+	13 in a civil action to mitigate damages.
	295	+	14 (c) (b) This subsection applies to a cause of action accruing
	296	+	15 before July 1, 2024. Evidence of a failure to comply with this chapter
	297	+	16 may be admitted in a civil action as to mitigation of damages in a
	298	+	17 product liability action involving a motor vehicle restraint or
	299	+	18 supplemental restraint system. The defendant in such an action has the
	300	+	19 burden of proving noncompliance with this chapter and that
	301	+	20 compliance with this chapter would have reduced injuries, and the
	302	+	21 extent of the reduction.
	303	+	22 (c) This subsection applies to a cause of action accruing after
	304	+	23 June 30, 2024. For a plaintiff who was at least fifteen (15) years of
	305	+	24 age or older at the time the cause of action accrued, evidence of a
	306	+	25 failure to comply with this chapter may be admitted in any civil
	307	+	26 action as to mitigation of damages. The defendant in such an action
	308	+	27 has the burden of proving noncompliance with this chapter and
	309	+	28 that compliance with this chapter would have reduced injuries.
	310	+	29 SECTION 9. IC 9-19-11-8 IS REPEALED [EFFECTIVE JULY 1,
	311	+	30 2024]. Sec. 8. Failure to comply with this chapter does not constitute
	312	+	31 contributory negligence.
	313	+	32 SECTION 10. IC 9-19-11-8.5 IS ADDED TO THE INDIANA
	314	+	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
	315	+	34 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. In a civil action seeking to
	316	+	35 recover damages for personal injuries or death experienced by a
	317	+	36 plaintiff who:
	318	+	37 (1) was in a motor vehicle that was manufactured after
	319	+	38 September 1, 1986, and equipped with at least one (1)
	320	+	39 inflatable restraint system; and
	321	+	40 (2) was fifteen (15) years of age or older at the time the cause
	322	+	41 of action accrued;
	323	+	42 evidence that the motor vehicle was not operating in compliance
	324	+	EH 1090—LS 6554/DI 137 8
	325	+	1 with section 2 or 3.6 of this chapter may be admitted as proof of
	326	+	2 failure to mitigate damages.
	327	+	3 SECTION 11. IC 9-21-5-6, AS AMENDED BY P.L.164-2018,
	328	+	4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	329	+	5 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (e) and
	330	+	6 (f), whenever a local authority in the authority's jurisdiction determines
	331	+	7 that the maximum speed permitted under this chapter is greater or less
	332	+	8 than reasonable and safe under the conditions found to exist on a
	333	+	9 highway or part of a highway, the local authority may determine and
	334	+	10 declare a reasonable and safe maximum limit on the highway. The
	335	+	11 maximum limit declared under this section may do any of the
	336	+	12 following:
	337	+	13 (1) Decrease the limit within urban districts, but not to less than
	338	+	14 twenty (20) miles per hour.
	339	+	15 (2) Increase the limit within an urban district, but not to more than
	340	+	16 fifty-five (55) miles per hour during daytime and fifty (50) miles
	341	+	17 per hour during nighttime.
	342	+	18 (3) Decrease the limit outside an urban district, but not to less
	343	+	19 than thirty (30) miles per hour.
	344	+	20 (4) Decrease the limit in an alley, but to not less than five (5)
	345	+	21 miles per hour.
	346	+	22 (5) Increase the limit in an alley, but to not more than thirty (30)
	347	+	23 twenty (20) miles per hour.
	348	+	24 The local authority must perform an engineering and traffic
	349	+	25 investigation before a determination may be made to change a speed
	350	+	26 limit under subdivision (2), (3), (4), or (5) or before the speed limit on
	351	+	27 a highway with a functional classification of arterial or major
	352	+	28 collector within an urban district may be decreased to less than
	353	+	29 twenty-five (25) miles per hour under subdivision (1). An engineering
	354	+	30 and traffic investigation is not required to decrease the speed limit
	355	+	31 to twenty (20) miles per hour on a highway with a functional
	356	+	32 classification of minor collector or local road in an urban district.
	357	+	33 (b) Except as provided in subsection (f), a local authority in the
	358	+	34 authority's jurisdiction shall determine by an engineering and traffic
	359	+	35 investigation the proper maximum speed for all local streets and shall
	360	+	36 declare a reasonable and safe maximum speed permitted under this
	361	+	37 chapter for an urban district. However, an engineering and traffic study
	362	+	38 is not required to be performed for the local streets in an urban district
	363	+	39 under this subsection if the local authority determines that the proper
	364	+	40 maximum speed in the urban district is not less than twenty-five (25)
	365	+	41 miles per hour.
	366	+	42 (c) An altered limit established under this section is effective at all
	367	+	EH 1090—LS 6554/DI 137 9
	368	+	1 times or during hours of darkness or at other times as may be
	369	+	2 determined when appropriate signs giving notice of the altered limit are
	370	+	3 erected on the street or highway.
	371	+	4 (d) Except as provided in this subsection, a local authority may not
	372	+	5 alter a speed limit on a highway or extension of a highway in the state
	373	+	6 highway system. A city or town may establish speed limits on state
	374	+	7 highways upon which a school is located. However, a speed limit
	375	+	8 established under this subsection is valid only if the following
	376	+	9 conditions exist:
	377	+	10 (1) The limit is not less than twenty (20) miles per hour.
	378	+	11 (2) The limit is imposed only in the immediate vicinity of the
	379	+	12 school.
	380	+	13 (3) Children are present.
	381	+	14 (4) The speed zone is properly signed. There must be:
	382	+	15 (A) a sign located:
	383	+	16 (i) where the reduced speed zone begins; or
	384	+	17 (ii) as near as practical to the point where the reduced speed
	385	+	18 zone begins;
	386	+	19 indicating the reduced speed limit; and
	387	+	20 (B) a sign located at the end of the reduced speed zone
	388	+	21 indicating:
	389	+	22 (i) the speed limit for the section of highway that follows; or
	390	+	23 (ii) the end of the reduced speed zone.
	391	+	24 (5) The Indiana department of transportation has been notified of
	392	+	25 the limit imposed by certified mail.
	393	+	26 (e) A local authority may decrease a limit on a street to not less than
	394	+	27 fifteen (15) miles per hour if the following conditions exist:
	395	+	28 (1) The street is located within a park or playground established
	396	+	29 under IC 36-10.
	397	+	30 (2) The:
	398	+	31 (A) board established under IC 36-10-3;
	399	+	32 (B) board established under IC 36-10-4; or
	400	+	33 (C) park authority established under IC 36-10-5;
	401	+	34 requests the local authority to decrease the limit.
	402	+	35 (3) The speed zone is properly signed.
	403	+	36 (f) A city, town, or county may establish speed limits on a street or
	404	+	37 highway upon which a school is located if the street or highway is
	405	+	38 under the jurisdiction of the city, town, or county, respectively.
	406	+	39 However, a speed limit established under this subsection is valid only
	407	+	40 if the following conditions exist:
	408	+	41 (1) The limit is not less than twenty (20) miles per hour.
	409	+	42 (2) The limit is imposed only in the immediate vicinity of the
	410	+	EH 1090—LS 6554/DI 137 10
	411	+	1 school.
	412	+	2 (3) Children are present.
	413	+	3 (4) The speed zone is properly signed. There must be:
	414	+	4 (A) a sign located where the reduced speed zone begins or as
	415	+	5 near as practical to the point where the reduced speed zone
	416	+	6 begins indicating the reduced speed limit and a sign located at
	417	+	7 the end of the reduced speed zone indicating the end of the
	418	+	8 reduced speed zone; and
	419	+	9 (B) if the school operates on a twelve (12) month schedule, a
	420	+	10 sign indicating that the school is an all year school.
	421	+	11 (g) Except as provided in subsection (h), a person who exceeds a
	422	+	12 speed limit established by a local authority under this section commits
	423	+	13 a Class C infraction.
	424	+	14 (h) A person who exceeds a speed limit that is established under
	425	+	15 subsection (d) or (f) commits a Class B infraction.
	426	+	16 SECTION 12. IC 9-21-5-12, AS AMENDED BY P.L.164-2018,
	427	+	17 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	428	+	18 JULY 1, 2024]: Sec. 12. (a) Except as provided in subsection (d),
	429	+	19 whenever the Indiana department of transportation determines on the
	430	+	20 basis of an engineering and traffic investigation that a maximum speed
	431	+	21 set forth in this chapter is greater or less than is reasonable or safe
	432	+	22 under the conditions found to exist at an intersection or other place or
	433	+	23 on part of the state highway system, the Indiana department of
	434	+	24 transportation may determine and declare a reasonable and safe
	435	+	25 maximum limit at the intersection or on the part of the state highway
	436	+	26 system. The differing limit is effective when appropriate signs giving
	437	+	27 notice of the limit are erected.
	438	+	28 (b) A maximum speed limit under this section may be declared to
	439	+	29 be effective at all times or at times indicated on the signs. Differing
	440	+	30 limits may be established for different times of day, different types of
	441	+	31 vehicles, varying weather conditions, and other factors bearing on safe
	442	+	32 speeds. The differing limits are effective when posted on appropriate
	443	+	33 fixed or variable signs.
	444	+	34 (c) A person who exceeds a speed limit established under this
	445	+	35 section commits a Class C infraction.
	446	+	36 (d) The Indiana department of transportation may decrease the
	447	+	37 speed limit on a highway in its jurisdiction with a functional
	448	+	38 classification of minor collector or local road in an urban district
	449	+	39 to twenty (20) miles per hour without an engineering and traffic
	450	+	40 investigation.
	451	+	41 SECTION 13. IC 36-9-42.2-9 IS REPEALED [EFFECTIVE JULY
	452	+	42 1, 2024]. Sec. 9. Not later than November 1 of each year, the
	453	+	EH 1090—LS 6554/DI 137 11
	454	+	1 department shall submit a report on the program to the general
	455	+	2 assembly in an electronic format under IC 5-14-6. A report submitted
	456	+	3 under this section must include:
	457	+	4 (1) a summary of the awarded exchanged funds to eligible entities
	458	+	5 during the previous state fiscal year; and
	459	+	6 (2) a status report on the implementation of projects funded
	460	+	7 through the program.
	461	+	EH 1090—LS 6554/DI 137 12
	462	+	COMMITTEE REPORT
	463	+	Mr. Speaker: Your Committee on Roads and Transportation, to
	464	+	which was referred House Bill 1090, has had the same under
	465	+	consideration and begs leave to report the same back to the House with
	466	+	the recommendation that said bill be amended as follows:
	467	+	Page 2, between lines 41 and 42, begin a new paragraph and insert:
	468	+	"SECTION 3. IC 8-6-7.7-3.2, AS AMENDED BY P.L.198-2016,
74	469		SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75	470		JULY 1, 2024]: Sec. 3.2. (a) A person may petition a unit (as defined
76	471		in IC 36-1-2-23) under whose jurisdiction a public railroad crossing
77	472		lies for the closure of a public railroad crossing. The unit shall conduct
78	473		a public hearing on the petition not more than sixty (60) days after the
79		-	HEA 1090 3
80	474		date on which the unit receives the petition. Notice of the public
81	475		hearing must be provided under section 3.5 of this chapter.
82	476		(b) Except as provided in subsection (c), if the unit determines that
83	477		the crossing meets the criteria adopted by the Indiana department of
84	478		transportation under section 3.1 of this chapter for closing a crossing,
85	479		the unit shall approve the petition described in subsection (a) and issue
86	480		an order to close the crossing. The unit shall provide a copy of the
87	481		unit's findings to the Indiana department of transportation.
88	482		(c) If the unit determines that:
89	483		(1) the crossing meets the criteria for closure adopted by the
90	484		Indiana department of transportation under section 3.1 of this
91	485		chapter; and
92	486		(2) a compelling reason has been shown to exist for the crossing
93	487		to remain open;
94	488		the unit may deny a petition to close the crossing. The unit shall
95	489		provide a copy of the unit's findings to the Indiana department of
96	490		transportation.
97	491		(d) If the unit determines that the crossing does not meet the criteria
98	492		for closure adopted by the Indiana department of transportation and
99	493		section 3.1 of this chapter, the unit may deny a petition to close the
100	494		crossing.
101	495		(e) Notwithstanding subsections (a) through (d), A unit and a
102	496		railroad may agree to close a crossing within the jurisdiction of the
103	497		unit. The unit must conduct a public hearing before agreeing to the
104	498		closure of the crossing. Notice of the public hearing must be
105	499		provided under section 3.5 of this chapter.
106	500		SECTION 4. IC 8-6-7.7-3.5 IS ADDED TO THE INDIANA CODE
107	501		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
108	502		1, 2024]: Sec. 3.5. The unit (as defined in IC 36-1-2-23) under whose
	503	+	EH 1090—LS 6554/DI 137 13
109	504		jurisdiction a public railroad crossing lies must provide notice of
110	505		the public hearing regarding the proposed closure as follows:
111	506		(1) By publication in two (2) newspapers of general
112	507		circulation in the unit, published not less than thirty (30) days
113	508		prior to the public hearing.
114	509		(2) By certified mail to those property owners who would be
115	510		considered interested parties under the unit's rules for
116	511		providing notice under IC 36-7-4, postmarked not less than
117		-	thirty (30) days prior to the public hearing.
118		-	SECTION 5. IC 8-23-2-5, AS AMENDED BY P.L.121-2021,
119		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120		-	JULY 1, 2024]: Sec. 5. (a) The department, through the commissioner
121		-	or the commissioner's designee, shall:
122		-	HEA 1090 4
123		-	(1) develop, continuously update, and implement:
124		-	(A) long range comprehensive transportation plans;
125		-	(B) work programs; and
126		-	(C) budgets;
127		-	to assure the orderly development and maintenance of an efficient
128		-	statewide system of transportation;
129		-	(2) implement the policies, plans, and work programs adopted by
130		-	the department;
131		-	(3) organize by creating, merging, or abolishing divisions;
132		-	(4) evaluate and utilize whenever possible improved
133		-	transportation facility maintenance and construction techniques;
134		-	(5) carry out public transportation responsibilities, including:
135		-	(A) developing and recommending public transportation
136		-	policies, plans, and work programs;
137		-	(B) providing technical assistance and guidance in the area of
138		-	public transportation to political subdivisions with public
139		-	transportation responsibilities;
140		-	(C) developing work programs for the utilization of federal
141		-	mass transportation funds;
142		-	(D) furnishing data from surveys, plans, specifications, and
143		-	estimates required to qualify a state agency or political
144		-	subdivision for federal mass transportation funds;
145		-	(E) conducting or participating in any public hearings to
146		-	qualify urbanized areas for an allocation of federal mass
147		-	transportation funding;
148		-	(F) serving, upon designation of the governor, as the state
149		-	agency to receive and disburse any state or federal mass
150		-	transportation funds that are not directly allocated to an
151		-	urbanized area;
152		-	(G) entering into agreements with other states, regional
153		-	agencies created in other states, and municipalities in other
154		-	states for the purpose of improving public transportation
155		-	service to the citizens; and
156		-	(H) developing and including in its own proposed
157		-	transportation plan a specialized transportation services plan
158		-	for the elderly and persons with disabilities;
159		-	(6) provide technical assistance to units of local government with
160		-	road and street responsibilities;
161		-	(7) develop, undertake, and administer the program of research
162		-	and extension required under IC 8-17-7;
163		-	(8) allow public testimony in accordance with section 17 of this
164		-	chapter whenever the department holds a public hearing (as
165		-	HEA 1090 5
166		-	defined in section 17 of this chapter); and
167		-	(9) subject to section 6.5 of this chapter, adopt rules under
168		-	IC 4-22-2 to reasonably and cost effectively manage the
169		-	right-of-way of the state highway system by establishing a formal
170		-	procedure for highway improvement projects that involve the
171		-	relocation of utility facilities by providing for an exchange of
172		-	information among the department, utilities, and the department's
173		-	highway construction contractors.
174		-	(b) Rules adopted under subsection (a)(9):
175		-	(1) shall not unreasonably affect the cost, or impair the safety or
176		-	reliability, of a utility service; and
177		-	(2) must require a utility to provide information concerning all
178		-	authorized representatives of the utility for purposes of highway
179		-	improvement projects and improvement projects undertaken by
180		-	local units of government.
181		-	(c) A civil action may be prosecuted by or against the department,
182		-	a department highway construction contractor, or a utility to recover
183		-	costs and expenses directly resulting from willful violation of the rules.
184		-	Nothing in this section or in subsection (a)(9) shall be construed as
185		-	granting authority to the department to adopt rules establishing fines,
186		-	assessments, or other penalties for or against utilities or the
187		-	department's highway construction contractors.
188		-	(d) Based on information provided by utilities under rules described
189		-	in subsection (b)(2), the department shall establish and publish on the
190		-	department's Internet web site website a searchable data base of
191		-	authorized representatives of utilities for purposes of improvement
192		-	projects that involve the relocation of utility facilities. A utility that
193		-	provides information described in subsection (b)(2) shall:
194		-	(1) update the information provided to the department on an
195		-	annual basis; and
196		-	(2) notify the department of any change in the information not
197		-	more than thirty (30) days after the change occurs.
198		-	(e) Not later than August 1 November 1 of each year, the
199		-	department, through the commissioner or the commissioner's designee,
200		-	shall prepare for the interim study committee on roads and
201		-	transportation a report that includes updates on the following:
202		-	(1) Transportation and infrastructure funding.
203		-	(2) Public-private agreements under IC 8-15.5.
204		-	(3) Public-private partnerships under IC 8-15.7.
205		-	(4) Reports and supplements prepared under IC 8-23-12.
206		-	(5) Programs and projects conducted in cooperation with Purdue
207		-	University under IC 8-23-9-56.
208		-	HEA 1090 6
209		-	(6) any other information requested by the study committee to aid
210		-	in the study of the study committee's assigned topics.
211		-	The report must be submitted in an electronic format under IC 5-14-6.
212		-	SECTION 6. IC 8-23-9-56, AS AMENDED BY P.L.53-2014,
213		-	SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214		-	JULY 1, 2024]: Sec. 56. (a) The department may cooperate with and
215		-	assist Purdue University in developing the best methods of improving
216		-	and maintaining the highways of the state and the respective counties.
217		-	In so cooperating with Purdue University and for the purpose of
218		-	developing and disseminating helpful information concerning road
219		-	construction and improvement and the operation of the highways of the
220		-	state and the counties, the department may expend money annually
221		-	from the funds appropriated to the department's use for the use and
222		-	benefit of Purdue University in carrying on programs of highway
223		-	research and highway extension at or in connection with Purdue
224		-	University and for the annual road school held at Purdue University. In
225		-	addition, the money may be increased by federal funds, which may be
226		-	made available to the department for the engineering and economic
227		-	investigation of projects for future construction and for highway
228		-	research necessary in connection therewith.
229		-	(b) For the purpose of disseminating knowledge of the highway
230		-	maintenance methods that are best suited to the various sections of
231		-	Indiana, the county and state highway officials, in cooperation with
232		-	Purdue University, may hold joint road meetings in the various sections
233		-	of Indiana.
234		-	(c) The aid authorized by this section shall be paid quarterly by the
235		-	department to Purdue University upon proper voucher.
236		-	(d) Not later than August 1 of each year, a representative of Purdue
237		-	University shall prepare, in cooperation with the department under
238		-	IC 8-23-2-5(e)(5), for the interim study committee on roads and
239		-	transportation a report that includes updates on the following:
240		-	(1) Programs or projects conducted under this section.
241		-	(2) Any other information requested by the study committee.
242		-	The report must be submitted in an electronic format under IC 5-14-6.
243		-	SECTION 7. IC 8-23-12-5 IS REPEALED [EFFECTIVE JULY 1,
244		-	2024]. Sec. 5. The department shall prepare and publish and make
245		-	public a report at the end of each fiscal year. The report must contain
246		-	appropriate financial data concerning receipts and disbursements, the
247		-	past year's accomplishments, the current highway improvement
248		-	program, a proposed program of construction to be accomplished
249		-	within the following two (2) fiscal years, and an appraisal of the state's
250		-	highway needs and the relative urgency of these needs.
251		-	HEA 1090 7
252		-	SECTION 8. IC 9-19-10-7, AS AMENDED BY P.L.262-2013,
	512	+	thirty (30) days prior to the public hearing.".
	513	+	Page 6, delete lines 4 through 27, begin a new paragraph and insert:
	514	+	"SECTION 8. IC 9-19-10-7, AS AMENDED BY P.L.262-2013,
253	515		SECTION 102, IS AMENDED TO READ AS FOLLOWS
254	516		[EFFECTIVE JULY 1, 2024]: Sec. 7. (a) Failure to comply with
255	517		section 1, 2, or 3.1(a) of this chapter does not constitute fault under
256	518		IC 34-51-2 and does not limit the liability of an insurer.
257	519		(b) Except as provided in subsection (c), evidence of the failure to
258	520		comply with section 1, 2, or 3.1(a) of this chapter may not be admitted
259	521		in a civil action to mitigate damages.
260	522		(c) (b) This subsection applies to a cause of action accruing
261	523		before July 1, 2024. Evidence of a failure to comply with this chapter
262	524		may be admitted in a civil action as to mitigation of damages in a
263	525		product liability action involving a motor vehicle restraint or
264	526		supplemental restraint system. The defendant in such an action has the
265	527		burden of proving noncompliance with this chapter and that
266	528		compliance with this chapter would have reduced injuries, and the
267	529		extent of the reduction.
268	530		(c) This subsection applies to a cause of action accruing after
269	531		June 30, 2024. For a plaintiff who was at least fifteen (15) years of
270	532		age or older at the time the cause of action accrued, evidence of a
271	533		failure to comply with this chapter may be admitted in any civil
272	534		action as to mitigation of damages. The defendant in such an action
273	535		has the burden of proving noncompliance with this chapter and
274		-	that compliance with this chapter would have reduced injuries.
275		-	SECTION 9. IC 9-19-11-8 IS REPEALED [EFFECTIVE JULY 1,
276		-	2024]. Sec. 8. Failure to comply with this chapter does not constitute
277		-	contributory negligence.
278		-	SECTION 10. IC 9-19-11-8.5 IS ADDED TO THE INDIANA
	536	+	that compliance with this chapter would have reduced injuries.".
	537	+	Page 6, delete lines 31 through 39, begin a new paragraph and
	538	+	insert:
	539	+	"SECTION 10. IC 9-19-11-8.5 IS ADDED TO THE INDIANA
279	540		CODE AS A NEW SECTION TO READ AS FOLLOWS
280	541		[EFFECTIVE JULY 1, 2024]: Sec. 8.5. In a civil action seeking to
281	542		recover damages for personal injuries or death experienced by a
282	543		plaintiff who:
283	544		(1) was in a motor vehicle that was manufactured after
284	545		September 1, 1986, and equipped with at least one (1)
	546	+	EH 1090—LS 6554/DI 137 14
285	547		inflatable restraint system; and
286	548		(2) was fifteen (15) years of age or older at the time the cause
287	549		of action accrued;
288	550		evidence that the motor vehicle was not operating in compliance
289	551		with section 2 or 3.6 of this chapter may be admitted as proof of
290		-	failure to mitigate damages.
291		-	SECTION 11. IC 9-21-5-6, AS AMENDED BY P.L.164-2018,
292		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
293		-	JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (e) and
294		-	HEA 1090 8
295		-	(f), whenever a local authority in the authority's jurisdiction determines
296		-	that the maximum speed permitted under this chapter is greater or less
297		-	than reasonable and safe under the conditions found to exist on a
298		-	highway or part of a highway, the local authority may determine and
299		-	declare a reasonable and safe maximum limit on the highway. The
300		-	maximum limit declared under this section may do any of the
301		-	following:
302		-	(1) Decrease the limit within urban districts, but not to less than
303		-	twenty (20) miles per hour.
304		-	(2) Increase the limit within an urban district, but not to more than
305		-	fifty-five (55) miles per hour during daytime and fifty (50) miles
306		-	per hour during nighttime.
307		-	(3) Decrease the limit outside an urban district, but not to less
308		-	than thirty (30) miles per hour.
309		-	(4) Decrease the limit in an alley, but to not less than five (5)
310		-	miles per hour.
311		-	(5) Increase the limit in an alley, but to not more than thirty (30)
312		-	twenty (20) miles per hour.
313		-	The local authority must perform an engineering and traffic
314		-	investigation before a determination may be made to change a speed
315		-	limit under subdivision (2), (3), (4), or (5) or before the speed limit on
316		-	a highway with a functional classification of arterial or major
317		-	collector within an urban district may be decreased to less than
318		-	twenty-five (25) miles per hour under subdivision (1). An engineering
319		-	and traffic investigation is not required to decrease the speed limit
320		-	to twenty (20) miles per hour on a highway with a functional
321		-	classification of minor collector or local road in an urban district.
322		-	(b) Except as provided in subsection (f), a local authority in the
323		-	authority's jurisdiction shall determine by an engineering and traffic
324		-	investigation the proper maximum speed for all local streets and shall
325		-	declare a reasonable and safe maximum speed permitted under this
326		-	chapter for an urban district. However, an engineering and traffic study
327		-	is not required to be performed for the local streets in an urban district
328		-	under this subsection if the local authority determines that the proper
329		-	maximum speed in the urban district is not less than twenty-five (25)
330		-	miles per hour.
331		-	(c) An altered limit established under this section is effective at all
332		-	times or during hours of darkness or at other times as may be
333		-	determined when appropriate signs giving notice of the altered limit are
334		-	erected on the street or highway.
335		-	(d) Except as provided in this subsection, a local authority may not
336		-	alter a speed limit on a highway or extension of a highway in the state
337		-	HEA 1090 9
338		-	highway system. A city or town may establish speed limits on state
339		-	highways upon which a school is located. However, a speed limit
340		-	established under this subsection is valid only if the following
341		-	conditions exist:
342		-	(1) The limit is not less than twenty (20) miles per hour.
343		-	(2) The limit is imposed only in the immediate vicinity of the
344		-	school.
345		-	(3) Children are present.
346		-	(4) The speed zone is properly signed. There must be:
347		-	(A) a sign located:
348		-	(i) where the reduced speed zone begins; or
349		-	(ii) as near as practical to the point where the reduced speed
350		-	zone begins;
351		-	indicating the reduced speed limit; and
352		-	(B) a sign located at the end of the reduced speed zone
353		-	indicating:
354		-	(i) the speed limit for the section of highway that follows; or
355		-	(ii) the end of the reduced speed zone.
356		-	(5) The Indiana department of transportation has been notified of
357		-	the limit imposed by certified mail.
358		-	(e) A local authority may decrease a limit on a street to not less than
359		-	fifteen (15) miles per hour if the following conditions exist:
360		-	(1) The street is located within a park or playground established
361		-	under IC 36-10.
362		-	(2) The:
363		-	(A) board established under IC 36-10-3;
364		-	(B) board established under IC 36-10-4; or
365		-	(C) park authority established under IC 36-10-5;
366		-	requests the local authority to decrease the limit.
367		-	(3) The speed zone is properly signed.
368		-	(f) A city, town, or county may establish speed limits on a street or
369		-	highway upon which a school is located if the street or highway is
370		-	under the jurisdiction of the city, town, or county, respectively.
371		-	However, a speed limit established under this subsection is valid only
372		-	if the following conditions exist:
373		-	(1) The limit is not less than twenty (20) miles per hour.
374		-	(2) The limit is imposed only in the immediate vicinity of the
375		-	school.
376		-	(3) Children are present.
377		-	(4) The speed zone is properly signed. There must be:
378		-	(A) a sign located where the reduced speed zone begins or as
379		-	near as practical to the point where the reduced speed zone
380		-	HEA 1090 10
381		-	begins indicating the reduced speed limit and a sign located at
382		-	the end of the reduced speed zone indicating the end of the
383		-	reduced speed zone; and
384		-	(B) if the school operates on a twelve (12) month schedule, a
385		-	sign indicating that the school is an all year school.
386		-	(g) Except as provided in subsection (h), a person who exceeds a
387		-	speed limit established by a local authority under this section commits
388		-	a Class C infraction.
389		-	(h) A person who exceeds a speed limit that is established under
390		-	subsection (d) or (f) commits a Class B infraction.
391		-	SECTION 12. IC 9-21-5-12, AS AMENDED BY P.L.164-2018,
392		-	SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
393		-	JULY 1, 2024]: Sec. 12. (a) Except as provided in subsection (d),
394		-	whenever the Indiana department of transportation determines on the
395		-	basis of an engineering and traffic investigation that a maximum speed
396		-	set forth in this chapter is greater or less than is reasonable or safe
397		-	under the conditions found to exist at an intersection or other place or
398		-	on part of the state highway system, the Indiana department of
399		-	transportation may determine and declare a reasonable and safe
400		-	maximum limit at the intersection or on the part of the state highway
401		-	system. The differing limit is effective when appropriate signs giving
402		-	notice of the limit are erected.
403		-	(b) A maximum speed limit under this section may be declared to
404		-	be effective at all times or at times indicated on the signs. Differing
405		-	limits may be established for different times of day, different types of
406		-	vehicles, varying weather conditions, and other factors bearing on safe
407		-	speeds. The differing limits are effective when posted on appropriate
408		-	fixed or variable signs.
409		-	(c) A person who exceeds a speed limit established under this
410		-	section commits a Class C infraction.
411		-	(d) The Indiana department of transportation may decrease the
412		-	speed limit on a highway in its jurisdiction with a functional
413		-	classification of minor collector or local road in an urban district
414		-	to twenty (20) miles per hour without an engineering and traffic
415		-	investigation.
416		-	SECTION 13. IC 36-9-42.2-9 IS REPEALED [EFFECTIVE JULY
417		-	1, 2024]. Sec. 9. Not later than November 1 of each year, the
418		-	department shall submit a report on the program to the general
419		-	assembly in an electronic format under IC 5-14-6. A report submitted
420		-	under this section must include:
421		-	(1) a summary of the awarded exchanged funds to eligible entities
422		-	during the previous state fiscal year; and
423		-	HEA 1090 11
424		-	(2) a status report on the implementation of projects funded
425		-	through the program.
426		-	HEA 1090 Speaker of the House of Representatives
427		-	President of the Senate
428		-	President Pro Tempore
429		-	Governor of the State of Indiana
430		-	Date: Time:
431		-	HEA 1090
	552	+	failure to mitigate damages.".
	553	+	Renumber all SECTIONS consecutively.
	554	+	and when so amended that said bill do pass.
	555	+	(Reference is to HB 1090 as introduced.)
	556	+	PRESSEL
	557	+	Committee Vote: yeas 10, nays 0.
	558	+	_____
	559	+	REPORT OF THE PRESIDENT
	560	+	PRO TEMPORE
	561	+	Madam President: Pursuant to Senate Rule 68(b), I hereby report
	562	+	that House Bill 1090, currently assigned to the Committee on Judiciary,
	563	+	be reassigned to the Committee on Homeland Security and
	564	+	Transportation.
	565	+	BRAY
	566	+	_____
	567	+	COMMITTEE REPORT
	568	+	Madam President: The Senate Committee on Homeland Security
	569	+	and Transportation, to which was referred House Bill No. 1090, has
	570	+	had the same under consideration and begs leave to report the same
	571	+	back to the Senate with the recommendation that said bill DO PASS.
	572	+	(Reference is to HB 1090 as printed January 23, 2024.)
	573	+
	574	+	CRIDER, Chairperson
	575	+	Committee Vote: Yeas 7, Nays 0
	576	+	EH 1090—LS 6554/DI 137