LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6389 NOTE PREPARED: Nov 26, 2024
BILL NUMBER: SB 131 BILL AMENDED:
SUBJECT: Access to Employee Restrooms.
FIRST AUTHOR: Sen. Ford J.D. BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that if a retail establishment has a restroom facility on its
premises for the use of the retail establishment's employees, a customer who suffers from an eligible medical
condition must, upon request, be allowed to use the restroom facility during normal business hours if certain
conditions are met. It specifies that a customer who uses the retail establishment's employee restroom facility
is responsible for leaving the restroom facility in the same condition as when the customer entered the
restroom facility.
The bill provides immunity from civil liability for any act or omission in allowing a customer to use an
employee restroom facility if all of the specified conditions for use of the facility are met, provided that the
act or omission: (1) is not willful or grossly negligent; and (2) occurs in an area of the retail establishment
that is not accessible to the public.
The bill also imposes a maximum $100 civil penalty on an owner, operator, or employee of a retail
establishment for violating these provisions.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues: Penalty Provision: A Class C infraction is established if an owner,
operator, or employee of a retail establishment denies a customer access to a restroom facility in violation
of the bill’s requirements. The maximum judgment for a Class C infraction under this bill is $100, which
would be deposited in the state General Fund. The total court fee revenue per case would range between
$85.50 and $103. The amount of court fees 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 criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures:
SB 131 1 Explanation of Local Revenues: Penalty Provision: If additional court actions occur and a judgement is
entered, more revenue will be collected by certain local units. If the case is filed in a court of record, the
county will receive $33.90 and qualifying municipalities will receive a share of $2.10. If the case is filed in
a municipal court, the county receives $20, and the municipality will receive $33.50. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected:
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Nate Bodnar, 317-234-9476.
SB 131 2