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 6579 NOTE PREPARED: Dec 10, 2020
BILL NUMBER: SB 74 BILL AMENDED:
SUBJECT: Workplace Immunization Prohibition.
FIRST AUTHOR: Sen. Kruse BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
X FEDERAL
Summary of Legislation: The bill prohibits an employer from requiring, as a condition of employment, an
employee or prospective employee to receive any immunization if the immunization is medically
contraindicated for the employee or receiving the immunization is against the employee's religious beliefs
or conscience. It allows for a civil action against an employer for a violation.
Effective Date: Upon passage.
Explanation of State Expenditures: All Agencies as Employers: If the state as an employer violates the
provisions of this bill, the state may be required to pay actual damages, punitive damages, court costs, and
reasonable attorney’s fees to the prevailing employee or prospective employee. [This bill has the potential
to impact all agencies as employers, thus impacting all funds that provide operating funds to agency staff.]
Explanation of State Revenues: Court Fee Revenue: If additional civil actions occur and court fees are
collected, revenue to the state General Fund may increase. A civil costs fee of $100 would be assessed when
a civil case is filed, 70% of which would be deposited in the state General Fund if the case is filed in a court
of record or 55% if the case is filed in a city or town court.
In addition, some or all of the judicial salaries fee ($20), public defense administration fee ($5), court
administration fee ($5), and the judicial insurance adjustment fee ($1) are deposited into the state General
Fund. Revenue from the pro bono services fee ($1) is transferred by the State Auditor to the Indiana Bar
Foundation for use to assist with pro bono legal services programs in Indiana, and proceeds from the
automated record keeping fee ($20) are deposited into the State User Fee Fund.
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Additional fees may be collected at the discretion of the judge and depending upon the particular type of
case.
Explanation of Local Expenditures: All Units as Employers: If local units violate the provisions of this
bill as an employer, the unit may be required to pay actual damages, punitive damages, court costs, and
reasonable attorney’s fees to the prevailing employee or prospective employee.
Explanation of Local Revenues: Court Fee Revenue: If additional civil actions occur, local governments
would receive revenue from the following sources. The county general fund would receive 27% of the $100
civil costs fee that is assessed in a court of record. Cities and towns maintaining a law enforcement agency
that prosecutes at least 50% of its ordinance violations in a court of record may receive 3% of court fees. If
the case is filed in a city or town court, 20% of the court fee would be deposited in the county general fund
and 25% would be deposited in the city or town general fund. Additional fees may be collected at the
discretion of the judge, depending upon the particular type of case.
Persons filing a civil case are also required to pay the following fees that are deposited in local funds.
The document storage fee ($5) is deposited into the clerk record perpetuation fund.
The following fees are deposited into the general fund of the county in which the court is located:
• Document fees ($1 per page) are charged for preparing transcripts or copies of record or certificate
under seal.
• A civil garnishee defendant service fee ($10) is collected from the filing party for each defendant
beyond the first three garnishee defendants cited in the lawsuit.
State Agencies Affected: All agencies as employers.
Local Agencies Affected: Trial courts, city and town courts, all units as employers.
Information Sources:
Fiscal Analyst: Camille Tesch, 317-232-5293.
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