The 2020 Indiana legislative session ran from January 6th to March 11th and Governor Eric Holcomb signed 167 new state laws; most of which take effect July 1.
Here are a few of the new laws you should know about:
Distracted Driving – It’s illegal for drivers to hold or use a handheld mobile device while operating a moving vehicle, unless the device is mounted on a dashboard, another surface in their vehicle, or otherwise operated in hands-free mode. Motorists caught holding a phone in a moving vehicle can be fined up to $500 and possibly lose their driver’s license for repeated violations. (House Enrolled Act 1070)
Smoking Age – Hoosiers under age 21 are prohibited from buying or possessing cigarettes, electronic cigarettes or vaping products under state law, as well as federal statutes. Indiana retailers who sell tobacco products to underage purchasers may face fines of between $400 and $2,000, double the previous fines. New tobacco retailers cannot be located within 1,000 feet of a school. (Senate Enrolled Act 1)
Teacher Evaluations – This new law retroactively absolves Indiana schools and teachers from accountability consequences tied to last year’s poor student performance on the new ILEARN standardized exam. Under the new law, schools will be assigned the same A-F letter grade they received during the 2017-2018 school year for both their 2018-2019 and 2019-2020 acceptability rating, unless they earned a better grade. Without this ‘hold harmless’ law more than half the schools in the state would have received a D or F rating and numerous educators would have been ineligible for performance pay awards that are partially linked to student test results.
Only 37% of Hoosier students earned passing scores on both the ILEARN math and English exams during the 2018-2019 school year. (HEA 1002)
Out-of-State Prescriptions – Indiana pharmacists are obligated to fill a prescription issued by an advance practice registered nurse or physician assistant licensed in another state, just as they would fill a prescription written by an out-of-state physician, podiatrist, dentist or veterinarian. (SEA 21)
Access to Public Defender – Judges in all 92 counties must now consider the same criteria — assets, income and necessary expenses — to determine whether a criminal defendant lacks sufficient financial resources to hire a private attorney and is entitled to use the public defender. (SEA 302)
School Water – Officials responsible for a school building must have its water fountains and taps tested for lead by Jan. 1, 2023, unless it previously has been tested and found in compliance since 2016. (HEA 1265)
Microchipping – Employers are prohibited from mandating the implantation of any identity or tracking device in a worker or job candidate, unless the person voluntarily consents to having something put into his or her body. (HEA 1143)
Healthcare Pricing – Hospitals, same-day surgery centers and urgent care clinics are required by March 31, 2021 to post on their websites the costs of their most frequently used services. The Indiana Department of Insurance is directed to begin the process of creating an all-payer claims database to improve health care pricing transparency. (SEA 5)
Online Eye Exam – Hoosiers between ages 18 and 55 may procure a prescription for eyeglasses or contact lenses through telemedicine, so long as they’ve undergone an in-person eye exam and/or contact lens fitting in the previous two years. Only two online eye exams are permitted in a two-year period before a subsequent in-person exam is required. (SEA 19)
Child Sex Crimes Statute of Limitations – The statute of limitations for filing charges against perpetrators of sex crimes against children can be extended five years beyond the victim’s 31st birthday if prosecutors discover new DNA evidence, a recording of the crime or the perpetrator confesses. The deadline for victims to seek assistance from the Violent Crimes Victim Compensation Fund also is extended. (SEA 109)
Chinese Technology Purchases – Every state agency and department, including universities, and every local unit of government in Indiana, is barred from spending public funds to purchase services or products, including 5G networking equipment, produced or provided by Huawei Technologies or ZTE Corporation, due to their alleged surveillance and espionage work on behalf of the Chinese government. (SEA 197)
Marriage Age – The minimum age to marry in Indiana is increased to 16 years old from 15. Children ages 16 and 17 only can marry if their partner is no more than four years older and a juvenile court judge grants permission for the marriage. (HEA 1006)
Small Claims Limit – The maximum value of a case eligible for judgment in a small claims court is increased to $8,000 from $6,000. (HEA 1313)
