The Indiana Statehouse in Indianapolis is pictured on June 1, 2023.
Daily Journal File Photo
Indiana Gov. Eric Holcomb signed more than 170 bills into law during this year’s legislative session, many of which go into effect Monday.
New laws going into effect July 1 include age verification for pornographic websites, “happy hours” and alcohol carry out, holding back 3rd-graders who fail to pass a state reading assessment and more.
Here is a look at some of the notable laws that will impact Johnson County residents.
Porn website age verification
A temporarily-blocked law would require pornographic websites to verify a site visitor’s age in order to ensure children may not access inappropriate material.
Senate Enrolled Act 17 prohibits the person conducting the age verification from retaining identifying information of site visitors and permits a visitor whose identifying information is retained to seek financial damages. Additionally, website operators are required to use “commercially reasonable” methods to secure all information collected and transmitted.
Parents are also allowed to seek financial damages from websites if their children are allowed access.
Adult industry organizations — including PornHub, other explicit content providers and a free speech group — have challenged the upcoming law. In a lawsuit filed earlier this month, the organizations said the legislation violates the First Amendment and was unenforceable. They asked a federal judge in Indianapolis to issue a preliminary injunction against the law, the Indiana Capital Chronicle reported.
Indiana Attorney General Todd Rokita defended SEA 17 as a “commonsense” way to protect children.
PornHub, meanwhile, has advocated for “device-based” age verification. It uses a device’s built-in features to verify a user’s age, the Indiana Capital Chronicle reported.
Late Friday evening, a U.S. District Court Judge Richard L. Young granted the request for a preliminary injunction, blocking the law from going into effect. The Southern District of Indiana judge found the law was likely unconstitutional as a whole under the First Amendment. He preliminary forbid state officials from enforcing the law as well, according to court documents.
‘Happy hours,’ alcohol carry-out
New “happy hour” guidelines will give bars and restaurants the ability to offer discounted drinks for up to four hours a day but for no more than 15 hours a week, if they desire.
House Enrolled Act 1086 also allows bars and restaurants to sell alcoholic beverages to carry-out customers, provided they are served in a sealed package.
Indiana bars and restaurants are currently limited to offering all-day alcoholic beverage specials. In 1985, lawmakers banned the happy hour tradition of cheap drinks sold for a limited time in 1985, during a time that saw several states outlaw the practice because of drunk driving and binge drinking-related concerns.
But the bill passed in March paves the way forward for alcoholic beverage specials and carry-out drinks starting Monday. All retailers will be required to maintain liquor liability insurance as part of the new happy hour law.
Also beginning Monday, 18-year-olds can serve alcohol in Indiana restaurants. This was made possible by SEA 146, which also allows 18-year-olds to ring up sales of alcoholic beverages in the course of their employment.
Holding back 3rd-graders
Schools will be required to hold back third graders who can not pass the IREAD-3 state reading assessment, unless the student receives an exception, beginning in the 2024-25 school year.
SEA 1 provides exemptions for English language learners and students who have individualized education plans or excel in the math portion of the state’s assessment. It also requires schools to start conducting proficiency testing in second grade and to offer extra tutoring, resources and summer courses to students at risk of failing the IREAD exam.
Another law, SEA 6, requires the Indiana Department of Education to identify students in fourth through eighth grade who are not reading proficiently. The department will also need to develop guidelines for schools to support these students.
Lawmakers enacted the laws after IREAD results revealed nearly one in five Indiana third graders struggle to read at their recommended level.
Work-based learning expansion
More Hoosier high school students can apply for a Career Scholarship Account to pursue internships, apprenticeships and other work-based learning opportunities starting Monday.
Indiana established the CSA program last year. This year’s CSA-related bill, HEA 1001, expanded it.
The $5,000 scholarship covers certain expenses like training, career coaching, driver’s education, certification and credentialing exams. Those interested in learning more about the scholarship can go to in.gov/tos/csa or call 317-232-0723.
Student cell phone use
K-12 students will be prohibited from using wireless communication devices — like cell phones, tablets, computers and gaming devices — during instructional time.
Under SEA 185, students can only use their devices if permitted by a teacher for educational purposes, in the case of an emergency or if a device is included in a student’s IEP. Districts will also be required to publish wireless communication device policies on their websites.
Religious instruction
Schools will be required to allow students to attend religious instruction for a portion of the school day if parents submit a formal request to their child’s principal. This is being enacted as part of HEA 1137.
Disaster relief fund
Indiana’s disaster relief fund will be more accessible on July 1.
SEA 190 also increases the maximum amount of individual aid and enables governments to apply for funds proactively for the first time. It was authored by Sen. Cyndi Carrasco, R-Indianapolis, and Sens. Kyle Walker, R-Lawrence, and Linda Rogers, R-Granger, have been added as additional authors.
Carrasco told the Daily Journal the bill was written in response to tornadoes that affected Johnson County last year and conversations with state officials about how to make the relief system more efficient.
Wetlands protections
Protections will be reduced for some of the state’s wetlands through HEA 1383.
The law reduces protections for some wetlands by reclassifying many Class III wetlands — the most protected group — as Class II. The law’s passage comes two years after Holcomb signed another law that rolled back protections for the state’s smaller wetlands and a year after a U.S. Supreme Court ruling removed federal protections for most of Indiana’s wetlands.
Sponsors of HEA 1383 described it as a compromise between protecting wetlands and keeping the costs of buying a home and operating a business or farm low. However, it received criticism and pushback from environmental groups, which argued the reclassification would further contribute to wetland loss in the state. They also felt it would pose significant flooding, water supply and ecosystem risks, news outlets reported.
Editor’s note: This story was updated at 5:46 p.m. Friday after a preliminary injunction was issued for Senate Enrolled Act 17, which requires age verification for porn websites.
