By Seth Fleming
TheStatehouseFile.com
INDIANAPOLIS—The 2018 session of the Indiana General Assembly is notable for Sunday alcohol sales, designating Say’s Firefly as the official state insect and going into overtime with a one-day special session in May.
But other legislation passed and some of those new laws go into effect on July 1:
School safety: The legislature, in the special session, allocated $5 million to improve school safety. House Enrolled Act 1230 was passed in the aftermath of the school shooting in a Florida high school. Other provisions of the bill include teacher training for cyberbullying and human trafficking and a requirement that schools be audited for safety by Aug. 1, 2019.
Sunscreen: Senate Enrolled Act 24allows students to possess and use non-spray sunscreen while on school grounds or at a school-sponsored event, without a prescription or doctor’s note. Also, a teacher can help a student apply sunscreen only if they have written consent from a parent or guardian.
Tax on software: Senate Enrolled Act 257 clarifies when sales tax can be levied on software. Remotely accessed pre-written software, which is delivered over the internet, is generally not taxable. Software purchased in a physical store is still subject to the state’s 7 percent sales tax. It is estimated that the state will lose between $5.7 and $13.4 million in taxes that would have been collected in the 2019 fiscal year under current law.
Civil forfeiture: Senate Enrolled Act 99 establishes some limits when the property is seized by law enforcement. The law requires an affidavit to be filed by the prosecuting attorney within seven days of the seizure explaining why the property was seized and deems that the property will be returned to the owner if no probable cause is determined.
Foster care: Senate Enrolled Act 233 is described as the “Foster Parent’s Bill of Rights†and requires that the state provide foster parents with a summary of their rights and responsibilities. Senate Enrolled Act 184 increases the number of children who can legally reside with one foster family from five to six children.
Death of a fetus: A person who commits a felony that results in the loss of a fetus can receive an addition 6 to 20 years in prison. Senate Enrolled Act 203 specifically states that this does not include abortion.
Drug deaths: House Enrolled Act 1359 increases penalties for manufacturing or selling illegal drugs that lead to the death of the user. It is a Level 1 felony or an average sentence of 29 years, if the drug is cocaine, methamphetamines or a schedule I, II or II controlled substance; a Level 2 felony, which has an average of 10 years, for a schedule IV substance; and a Level 3 felony, or an average of seven years, if the controlled substance is a schedule V substance or a synthetic drug.
FOOTNOTE: Seth Fleming is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
