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 6094 NOTE PREPARED: Oct 8, 2020
BILL NUMBER: HB 1388 BILL AMENDED:
SUBJECT: Automated Traffic Control in Construction Zones.
FIRST AUTHOR: Rep. Moseley BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
(1) Authorizes the Indiana State Police Department (ISP) to establish an automated traffic control system
pilot program to enforce highway worksite speed limits.
(2) Provides that a worksite speed limit violation recorded by an automated traffic control system may not
be enforced unless the violation exceeds 11 miles per hour above the established worksite speed limit.
(3) Replaces the terms "work zone" and "worksite zone" with "worksite" throughout the relevant statutes.
Effective Date: July 1, 2021.
Explanation of State Expenditures: This bill could increase ISP workload and/or expenditures to the extent
the ISP elects to administer an automated traffic control system pilot program at highway work zones.
Increases in workload and/or expenditures could be offset with the collection of additional civil penalties for
worksite zone speeding violations.
Additionally, the bill would increase ISP workload to accept and process Fallen State Trooper Family Relief
Funds and distribute grant payments as approved by the agency. The annual reports required to be submitted
to the Interim Committee on Roads and Transportation and the Budget Committee would also increase ISP
workload. These increases in workload are expected to be accomplished under existing resource and funding
levels.
Explanation of State Revenues: Summary - This bill could increase the number of citations issued for
speeding in a worksite zone. Increases in revenue from worksite zone violations would be deposited into the
HB 1388 1
newly created Fallen State Trooper Family Relief Fund. Total increases in revenue to the Fallen State
Trooper Family Relief Fund are indeterminable.
Additional Information - Between FY 2015 and FY 2020, an average of 1,800 guilty verdicts were entered
for speeding in a worksite zone per year. The specific speed at which the violation occurred is unknown.
Installing automated traffic control devices in highway worksite zones could increase the number of
individuals found to be in violation of the speed limits in these areas. Speeding in a worksite zone is currently
punishable as a Class B infraction with fines that vary between $300 and $1,000 per offense, depending on
mitigating and aggravating circumstances. Revenue collected from worksite zone speeding violations is
currently deposited in the General Fund.
The bill specifies that for worksite zone speeding offenses captured by automated traffic control devices, the
maximum fine cannot exceed $150. Revenue collected from worksite zone speeding violations would be
deposited into the newly created Fallen State Trooper Family Relief Fund. The Fallen State Trooper Family
Relief Fund is a nonreverting fund that consists of fines collected from automated traffic control devices,
appropriations from the General Assembly, interest earnings, as well as gifts and donations made to the Fund.
Explanation of Local Expenditures:
Explanation of Local Revenues: This bill could increase the number of court hearings in instances where
individuals contest a notice received from an automated enforcement device. To this extent, local
governments would receive additional revenue from court fees. However, any increase in revenue is likely
to be very small.
State Agencies Affected: Indiana State Police.
Local Agencies Affected: Courts.
Information Sources: BMV citation data, FY 2015 - FY 2020.
Fiscal Analyst: Bill Brumbach, 317-232-9559.
HB 1388 2


Statutes affected:
1. Introduced House Bill (H): 8-23-2-15, 9-13-2-121, 9-21-4-20, 9-21-5-11, 9-21-8-56, 33-37-4-1, 33-37-4-2, 33-37-5-14, 33-37-7-2, 33-37-7-8