LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7478 NOTE PREPARED: Jan 10, 2025
BILL NUMBER: HB 1424 BILL AMENDED:
SUBJECT: Causes of Action.
FIRST AUTHOR: Rep. Lehman BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill limits a civil cause of action concerning a public nuisance. It prohibits
certain causes of action against a property owner, a business owner, or a third party business operator for a
criminal act committed by another person: (1) on the property; (2) at the business; or (3) on a premises,
owned by another person.
Effective Date: July 1, 2025.
Explanation of State Expenditures: The bill could potentially increase the workload of the Office of the
Attorney General (AG) to represent the state in cause of actions concerning a public nuisance.
Explanation of State Revenues: If the AG files a public nuisance cause of action and prevails, the AG may
only seek prospective injunctive relief for abatement of the public nuisance. A governmental entity may not
recover economic, noneconomic, or exemplary damages or costs associated with a potential future harm.
Court Fee Revenue: If fewer civil actions are filed and fewer court fees are collected, revenue to the state
General Fund will decrease. The total revenue per case would range between $100 and $122. The amount
deposited will vary depending on whether the case is filed in a court of record or a municipal court. The
following linked document describes the fees and distribution of the revenue: Court fees imposed in civil,
probate, and small claims cases.
Explanation of Local Expenditures: Civil Actions: If civil actions are filed against a political subdivision,
local expenditures may increase to pay for the cost of litigation and court fees. The specific impact would
depend on local action. A private person that brings a public nuisance cause of action may seek prospective
injunctive relief for abatement of the public nuisance and compensatory damages.
Explanation of Local Revenues: Court Fee Revenue: If fewer cases occur, less revenue will be collected
by certain local units. If the case is filed in a court of record, the county will receive $32 and qualifying
municipalities will receive a share of $3. If the case is filed in a municipal court, the county receives $20,
and the municipality will receive $37. The following linked document describes the fees and distribution of
HB 1424 1 the revenue: Court fees imposed in civil, probate, and small claims cases.
State Agencies Affected: All; Office of the Attorney General.
Local Agencies Affected: All local units; trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1424 2