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 6297 NOTE PREPARED: Dec 2, 2021
BILL NUMBER: HB 1041 BILL AMENDED:
SUBJECT: Participation in School Sports.
FIRST AUTHOR: Rep. Davis BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill requires, for purposes of interscholastic athletic events, school
corporations, public schools, nonpublic schools, state educational institutions, private postsecondary
educational institutions, and certain athletic associations to expressly designate an athletic team or sport as
one of the following:
(1) A male, men's, or boys' team or sport.
(2) A female, women's, or girls' team or sport.
(3) A coeducational or mixed team or sport.
The bill prohibits a male, based on the student's biological sex at birth in accordance with the student's
genetics and reproductive biology, from participating on an athletic team or sport designated as being a
female, women's, or girls' athletic team or sport.
The bill also requires school corporations, public schools, certain nonpublic schools, state educational
institutions, certain private postsecondary educational institutions, and certain athletic associations to
establish grievance procedures for a violation of these provisions. It establishes a civil action for a violation
of these provisions. The bill also provides that school corporations, public schools, certain nonpublic schools,
state educational institutions, certain private postsecondary educational institutions, and certain athletic
associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting
in compliance with these provisions.
Effective Date: July 1, 2022.
Explanation of State Expenditures: State educational institutions would need to review and potentially
HB 1041 1 change their policies, as well as create a grievance procedure, to be in compliance with the bill. The bill
would result in a small workload increase that would be completed with existing staff and resources. [State
educational institutions receive state funding through General Fund appropriations.]
Explanation of State Revenues: Court Fee Revenue: Any impact on state revenue is expected to be
minimal. 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. 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: Public schools would need to review and potentially change their
policies as well as create a grievance procedure to be in compliance with the bill. The bill would result in
a small workload increase that would be completed with existing staff and resources.
Explanation of Local Revenues: Court Fee Revenue: Any impact on local revenue is expected to be
minimal. 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: State educational institutions.
Local Agencies Affected: Trial courts, city and town courts; Public schools.
Information Sources:
Fiscal Analyst: Austin Spears, 317-234-9454.
HB 1041 2