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 6717 NOTE PREPARED: Dec 29, 2020
BILL NUMBER: SB 411 BILL AMENDED:
SUBJECT: Environmental Nuisance Actions.
FIRST AUTHOR: Sen. Ford Jon BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: The bill specifies that a civil action brought for monetary or injunctive relief due
to the discharge of a contaminant in substantial compliance with a permit issued by the United States
Environmental Protection Agency (EPA) or the Indiana Department of Environmental Management (IDEM)
may be brought only as a nuisance action. It defines "stigma damages" and specifies that in a nuisance action
brought in connection with a discharge that substantially complies with an EPA or IDEM permit, the
plaintiff: (1) must establish certain damages by clear and convincing evidence; and (2) is not entitled to
stigma damages.
Effective Date: July 1, 2021.
Explanation of State Expenditures:
Explanation of State Revenues: Court Fee Revenue: If less civil actions occur and court fees are not
collected, revenue to the state General Fund and State User Fee fund may decrease. The bill may also reduce
the amount of revenue collected from environmental penalties and deposited in the Environmental
Management Special Fund.
Explanation of Local Expenditures: The bill’s provisions could reduce the number of civil actions filed,
thereby reducing the workload of the courts. The number of individuals who might be affected by this bill
is unknown. However, any impact is expected to be minimal.
Explanation of Local Revenues: Court Fee Revenue: This bill may reduce court fee revenue from civil
actions. Typically, local governments would receive revenue from the following sources. The county general
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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:
Local Agencies Affected: Trial courts; city and town courts.
Information Sources: Trial Court Fee Manual, Indiana Supreme Court.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
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