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 6994 NOTE PREPARED: Jan 5, 2021
BILL NUMBER: HB 1378 BILL AMENDED:
SUBJECT: Emergency Evictions.
FIRST AUTHOR: Rep. Lauer BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill specifies that a landlord includes a property owner. It authorizes a
landlord to seek an emergency possessory order if an occupant has no contractual relationship with the
property owner or other interest in the property.
Effective Date: July 1, 2021.
Explanation of State Expenditures:
Explanation of State Revenues: This bill expands the circumstances under which a court may be asked to
issue an emergency possessory order and will likely increase the number of civil suits filed in Indiana courts,
thereby increasing the revenue associated with such filings. A civil costs fee of $100 is assessed when a civil
case is filed, 70% of which is 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. Additional fees may be
collected at the discretion of the judge and depending upon the particular type of case.
Explanation of Local Expenditures: This bill will likely increase the number of civil suits filed in Indiana
courts, creating an increase in workload for the courts system. This additional workload is within the
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system’s routine administrative functions and should be able to be met with no additional appropriations,
assuming near customary agency staffing and resource levels.
Explanation of Local Revenues: An increase in civil actions would increase court fee revenue to local
governments. The following fees are assessed:
If a civil action is filed in a county court, the county would receive 27% of the $100 court 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 costs fees. If the case is filed
in a city or town court, 20% of the court costs 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 a document storage fee of $5, which is deposited into the
Clerk Record Perpetuation Fund. Document fees of $1 per page are charged for preparing transcripts or
copies of record or certificate under seal and 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:
Local Agencies Affected: Trial courts, city and town courts.
Information Sources: Indiana Trial Court Fee Manual
Fiscal Analyst: Alexander Raggio, 317-234-9485.
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