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 6619 NOTE PREPARED: Dec 16, 2020
BILL NUMBER: HB 1456 BILL AMENDED:
SUBJECT: Use of Public Restrooms.
FIRST AUTHOR: Rep. Borders BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill makes it a Class B misdemeanor if: (1) a male knowingly or intentionally
enters a restroom that is designated to be used only by females; or (2) a female knowingly or intentionally
enters a restroom that is designated to be used only by males. It provides for certain defenses.
Effective Date: July 1, 2021.
Explanation of State Expenditures:
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both
the Common School Fund and the state General Fund would increase. The maximum fine for a Class B
misdemeanor is $1,000. Criminal fines are deposited in the Common School Fund.
If the case is filed in a circuit or superior court, 70% of the $120 court fee that is assessed and collected when
a guilty verdict is entered would be deposited in the state General Fund. If the case is filed in a city or town
court, 55% of the fee would be deposited in the state General Fund. In addition, the automated record keeping
fee ($20) is deposited into the state user fee fund, and the judicial salaries fee ($20), public defense
administration fee ($5), court administration fee ($5), judicial insurance adjustment fee ($1), and the DNA
sample processing fee ($3) are deposited into the state General Fund.
Explanation of Local Expenditures: A Class B misdemeanor is punishable by up to 180 days in jail. The
average cost per day to incarcerate a prisoner is approximately $54 based on the per diem payments reported
by U.S. Marshals to house federal prisoners in 16 county jails across Indiana during federal FY 2017.
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Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, local
governments would receive revenue from the following sources: The county general fund would receive 27%
of the $120 court 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. Persons found guilty of a felony or
misdemeanor are also required to pay the document storage fee ($5), which is deposited into the clerk record
perpetuation fund, and the jury fee ($2) and the law enforcement continuing education fee ($4), which are
both deposited in the county user fee fund.
State Agencies Affected:
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources:
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
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