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 6119 NOTE PREPARED: Feb 1, 2024
BILL NUMBER: HB 1019 BILL AMENDED:
SUBJECT: Child Operated Refreshment Stands.
FIRST AUTHOR: Rep. Johnson BILL STATUS: 2
nd
Reading - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: Government: The bill provides that a local health department, the Health and
Hospital Corporation of Marion County, a county, a municipality, or a township may not adopt or enforce
a law, rule, ordinance, or resolution that prohibits or regulates, including by requiring a license, permit, or
fee, the sale of lemonade or other nonalcoholic beverages from a stand on private property by an individual
who is less than 18 years of age.
Requirements: It provides that the individual who operates the stand must comply with certain requirements.
The bill provides that a stand is not considered a food establishment and does not require a certified food
protection manager.
Homeowners Association: The bill provides that the governing documents of a homeowners association may
not prohibit or regulate, including by requiring a permit or fee, the sale of lemonade or other nonalcoholic
beverages from a stand on property located in the subdivision by an individual who is less than 18 years of
age. It provides that a homeowners association:
(1) does not owe a duty of care to persons participating in a beverage sale; and
(2) is not liable for any injury to persons participating in a beverage sale; except for willful or
wanton acts or gross negligence of the homeowners association.
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues:
HB 1019 1 Explanation of Local Expenditures: Depending on how a local unit or local health department enforces
requirements on the operations of a children’s lemonade stand, permitting or inspection workload could be
reduced.
Explanation of Local Revenues: Permitting or inspection fee revenue may be reduced for any local unit
or local health department that charges for a child operated refreshment stand to be permitted or inspected.
State Agencies Affected:
Local Agencies Affected: Local units or local health departments.
Information Sources:
Fiscal Analyst: Jasmine Noel, 317-234-1360.
HB 1019 2