LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7468 NOTE PREPARED: Jan 7, 2025
BILL NUMBER: SB 490 BILL AMENDED:
SUBJECT: Commercial Motor Vehicle Defendant Liability.
FIRST AUTHOR: Sen. Gaskill BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that noneconomic damages awarded in a civil suit involving
a commercial motor vehicle may not be more than $1 M. The bill provides exceptions.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues: Summary - This bill could increase General Fund revenue from increases
in civil filings for accidents involving commercial motor vehicles.
Additional Information - The bill increases the amount a plaintiff can receive from a defendant for civil cases
pertaining to accidents involving commercial motor vehicles. As such, the bill could increase the number of
civil cases that could be filed following an accident involving a commercial motor vehicle.
If additional civil cases occur and court fees are collected, revenue to the state General Fund will increase.
The total revenue per case would range between $100 and $122. The amount deposited will vary depending
on whether the case is filed in a court of record or a municipal court. The following linked document
describes the fees and distribution of the revenue: Court fees imposed in civil, probate, and small claims
cases.
Explanation of Local Expenditures: By increasing the amount a plaintiff can receive from noneconomic
damages, the bill could decrease the number of civil cases that are settled instead of going to trial. Any
impact on court caseload is indeterminable.
Explanation of Local Revenues: If additional cases occur, revenue will be collected by certain local units.
If the case is filed in a court of record, the county will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
receive $37. The following linked document describes the fees and distribution of the revenue: Court fees
imposed in civil, probate, and small claims cases.
SB 490 1 State Agencies Affected:
Local Agencies Affected: Trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual
Fiscal Analyst: Bill Brumbach, 317-232-9559.
SB 490 2