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 6427 NOTE PREPARED: Dec 2, 2020
BILL NUMBER: SB 48 BILL AMENDED:
SUBJECT: Local Health Board and Officer Limitations.
FIRST AUTHOR: Sen. Tomes BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill limits the time in which an order, mandate, or prohibition issued by a
local health board or local health officer may be in effect unless approved by the relevant county executive
or city executive. The bill limits the fines that may be assessed for a violation of the order, mandate, or
prohibition. The bill also establishes a cause of action for an individual to file a court action concerning
certain enforcement actions taken by a local health officer or local health board.
Effective Date: Upon passage.
Explanation of State Expenditures:
Explanation of State Revenues: Court Fee Revenue - The bill establishes a procedure by which individuals
may file a court action relating enforcement actions taken against them by local health officials. A civil costs
fee of $100 would be assessed when a civil case is filed. If additional civil actions occur and court fees are
collected, revenue to the state General Fund may increase. A portion of the fee revenue is transferred to the
Indiana Bar Foundation, and one fee is deposited into the State User Fee Fund. Additional fees may be
collected at the discretion of the judge and depending upon the particular type of case.
Explanation of Local Expenditures: Local Health Departments - If a public health emergency is time
sensitive, the additional time required to seek approval of the county or city executive when a disaster
emergency has been declared by the Governor could increase the workload or resources needed to contain
the disaster. Ultimately, any impact on workload or resources will be determined by the circumstance of the
emergency, and if personnel or resources are currently being used to capacity.
Compensatory Damages - If a court voids an enforcement action taken by a local health department, the local
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health department may be required to reimburse the person bringing the court action under the bill for legal
expenses and other damages.
Explanation of Local Revenues: Fine Revenue - The bill establishes the following maximum fine amounts
a local health department may assess for certain violations of local orders relating to control of
communicable diseases.
For violations relating to face coverings or social distancing during the COVID-19 emergency:
• $250
For violations of any other offense:
• $500 for a first violation;
• $1,000 for a second violation;
• $1,500 for a third or subsequent violation.
These limits could result in a reduction in the amount of fines that otherwise would have been assessed by
local health departments. Additionally, fine revenue could be reduced if individuals who have been fined
have their penalties voided by a court through the process established by the bill.
Court Fee Revenue - If additional civil actions occur and court fees are collected, local governments would
receive additional revenue from both a portion of the civil costs fee and other fees that would be collected.
State Agencies Affected:
Local Agencies Affected: Local health departments; trial courts, city and town courts.
Information Sources:
Fiscal Analyst: Adam White, 317-234-1360.
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Statutes affected:
1. Introduced Senate Bill (S): 16-20-1-23, 16-20-1-25, 16-20-2-2, 16-22-8-31