A New Year Brings New State Laws

A brand-new year always ushers in new additions to the state lawbooks. Despite the ongoing pandemic in 2020, states not only address the ongoing COVID-19 crisis, but also continue to serve the needs of their constituents in areas such as elections, taxation, domestic violence, equal rights, health, education and criminal justice. Below is a sampling of laws that went into effect on Jan. 1, 2021 (unless otherwise noted) in each of the 50 states and the District of Columbia.

ALABAMA | Gas Tax Increase – HB 2

Increases the gas tax by 2 cents per gallon. It is part of a multi-year, 10 cent increase that began in 2019. The 2021 increase is the last scheduled increase and will bring the tax rate to 28 cents for gas and 29 cents for diesel. * goes into effect Oct. 21, 2021

ALASKA | Minimum Wage Increase – Alaska Statute 23.10.065(A)

The minimum wage will increase from $10.19 to $10.34. The increase is the result of a 2014 ballot initiative passed by voters requiring the minimum wage to be adjusted annually for inflation. The adjustment is based on the Consumer Price Index for urban consumers in the Anchorage metropolitan area for the previous calendar year.

ARIZONA | Cell Phone Use While Driving – HB 2318

Drivers can be fined if not using their phone in hands-free mode while driving. Drivers can be pulled over for the offense even if no other traffic laws have been violated. First offense fines range from $75 to $149 and repeat offense fines are $150 to $250.

ARKANSAS | Tax Competitiveness and Relief Act – Act 182

The final phase of the Act goes into effect in 2021. It reduces the top income tax rate in the state from 6.6% to 5.9%. In 2020, the first phase reduced the rate from 6.9% to 6.6%.

CALIFORNIA | Transgender Respect, Agency and Dignity Act – SB 132

Requires the Department of Corrections and Rehabilitation to ask those entering custody to specify their gender identity. It allows transgender, non-binary and intersex inmates to be both housed and searched according to their gender identity.

COLORADO | The Immigrant Tenant Protection Act – Sb 20-224

The act prohibits landlords from asking tenants about their citizenship status. It also forbids landlords from including a citizenship status question on housing applications.

CONNECTICUT | Diabetes Supplies – HB 6003

If a patient has less than a one-week supply of insulin or diabetes-related supplies, pharmacists are required to dispense one 30-day emergency prescription per year. The prescription covers insulin and supplies such as syringes and glucose test strips.

DELAWARE | Single Use Plastic Bags – HB 130

The law prohibits stores with more than 7,000 square feet of retail space or chains with three or more stores each having 3,000 square feet or more of retail space, from providing single use plastic bags at checkout. Retailers may charge customers for reusable or paper bags, but it is not required under the law.

FLORIDA | Greyhound Racing – Amendment 13

An amendment approved by 69% of voters in November 2018 bans the act of greyhound racing in the state. An attempt at overturning the ban was unsuccessful and the lawsuit was dismissed in federal court in June 2020.

GEORGIA | Lacee ’s Law – HB 1125

Requires state health insurance plans to provide coverage for additional screening to anyone considered high risk for breast cancer due to circumstances such as family history. Previously only those 35 and older were covered. The law is named for teacher Lacee Landrum who was diagnosed with stage 3 breast cancer at age 29.

HAWAII | Sunscreen Ban – SB 2571

Passed and signed in 2018, the newly effective law bans the sale of sunscreen containing oxybenzone and octinoxate. Both chemicals have been proven to be harmful to coral reefs. Hawaii is the first state in the nation to have such a ban.

IDAHO | Idaho Patient Act – HB 515

Establishes steps for health care providers to follow before initiating bill collection litigation against patients. Requires health care providers to bill to a patient’s health insurance company within 45 days of providing a service. Also limits the amount of attorney fees that can be assessed against a patient in collection cases.

ILLINOIS | The Violence Act – 750 ILCS 61

Allows victims of domestic violence to use a substitute address instead of their actual address in public records to help prevent perpetrators from finding them.

INDIANA | Transparency in Health Care Pricing – SB 5

Requires hospitals, urgent care facilities and same-day surgery centers to post information on their websites about provided services and associated costs. Information posted must include the weighted average of negotiated charges for the services. Service providers must have the information posted to their website by March 31, 2021.

IOWA | Online Sports Betting Registration – SF 617

Legalizes online registration for sports betting from anywhere in the state. It allows for registration via gaming apps and sports betting websites. Previously, citizens were required to register inside a casino before placing a sports-related bet online.

KANSAS | Commercial Industrial Hemp – Senate Substitute for HB 2167

Allows for the legal cultivation of commercial industrial hemp. Previously hemp was only grown for research purposes. Persons wishing to grow commercial industrial hemp are required to obtain a license and follow regulations established by the Department of Agriculture. * went into effect January 8, 2021

KENTUCKY | Savings and Loan Associations Tax Repeal – HB 458

Repeals the savings and loan tax that previously existed. All savings and loan associations are subject to the corporation income tax and the limited liability entity tax instead of the savings and loan tax.

LOUISIANA | Drivers Education Courses – Act 223

Requires drivers’ education courses to include information and instruction relating to handicapped accessible parking spaces and aisles. Also requires that information to be included on tests taken to receive a driver’s license.

MAINE | Mandatory Paid Leave – SP 110/LD 369

Requires private employers with more than 10 employees to provide one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours of paid leave per year. The leave may be used for any reason. It does not apply to seasonal workers, independent contractors, employees working fewer than 120 days in a calendar year, and any employee subject to a collective bargaining agreement during Jan. 1, 2021 and the expiration of the agreement.

MARYLAND | Health Insurance Coverage for In Vitro Fertilization – HB 781

Allows unmarried individuals to have their in vitro fertilization treatments covered by insurance if certain requirements are met. It also reduces the wait time from two years to one year for treatment coverage after an unsuccessful attempt for married and same-sex couples.

MASSACHUSETTS | Nicky’s Law – H 4074/S 2367

Establishes a registry of providers and caregivers with histories of proven abuse. The registry will be managed by the Disabled Person Protection Commission. Any person on the registry cannot be hired or work for the Department of Developmental Services or any of its licensed or funded providers.* went into effect January 31, 2021

MICHIGAN | Multi-Bill Legislative Package “ Clean Slate” Expungement Legislation

Reforms and simplifies the state’s expungement processes. Expands the types of offenses eligible for expungement. Changes include an automatic procedure for expunging certain misdemeanors after seven years and certain non-assaultive felonies after 10 years. Also allows a person to set aside marijuana offenses if they would not have been a crime after the use of recreational marijuana became legal. * goes into effect April 11, 2021

MINNESOTA | Sexual Assault Kits – HF 1

Requires both law enforcement agencies and hospitals to submit unrestricted sexual assault kits to the Bureau of Criminal Apprehension within 60 days. Kits must be stored by the BCA for at least 30 months. Previously, kits were destroyed by agencies at three or six months.

MISSISSIPPI | Ending Prohibition – HB 1087

Legalizes the possession of alcoholic beverages throughout the state. Mississippi was considered a completely dry state under previous state law, even though counties have been allowed to vote to become wet. The new law does not legalize the sale of alcohol in every county — they are still required to vote to become wet.

MISSOURI | Raise the Age Act – SB 793

Raises the age at which a person can be tried in court as an adult from 17 to 18. The law does allow for certain instances where someone between the age of 12 and 18 can be certified as an adult. Prohibits anyone under the age of 18 from being detained in an adult jail unless they have been certified as an adult.

MONTANA | Legalization of Marijuana – Ballot Initiative I-190

Adults over the age of 21 are legally allowed to grow and possess marijuana under the new law. Citizens can possess up to one ounce of marijuana or eight grams of concentrates and can grow up to four plants at their homes. It does not allow for cannabis to be sold commercially until January 2022.

NEBRASKA | Indoor Vaping Ban – LB 840

The smoking of electronic cigarettes, also known as “vaping”, is now prohibited in indoor businesses including retail, restaurants, bars and offices. The law amends Nebraska’s 2008 Clean Indoor Act to include an electronic smoking ban where cigarette smoking is prohibited. * went into effect Nov. 14, 2020

NEVADA | Sexual Assault Survivors’ Bill of Rights – AB 176

Partially enacted on July 1, 2020 and fully enacted Jan. 1, 2021, this new law ensures that every survivor of a sexual assault received is given access to a victim advocate/sexual assault counselor during the entire process of evidence collection. The law also includes a tracking program for forensic kits that also allow victims to receive updates.

NEW HAMPSHIRE | Aggravated DWI for Commercial Drivers – HB 1182

Any person caught driving a vehicle weighing over 10,000 pounds and registering a blood alcohol level of 0.08 or higher, will automatically be charged with an aggravated DWI. Penalties for aggravated DWI in New Hampshire include mandatory fines and mandatory jail time.

NEW JERSEY | Daniel’s Law – A 1649

The law prohibits disclosing the home of address of any federal, state or municipal officer, prosecutor, law enforcement — current or retired — or their immediate family members. Daniel’s Law is named for U.S. District Judge Esther Salas’ 20-year-old son Danial Anderl who was fatally shot and killed by a gunman who had found Judge Salas’ address online. * went into effect Nov. 20, 2020

NEW MEXICO | The Disclosure Requirements for Private Colleges Act – HB17

All state-authorized private universities and colleges must provide the total estimated cost to attend, median amount of student debt incurred and median earnings of recent graduates. The information must also be posted on the institution’s website.

NEW YORK | Child-Parent Security Act – AB 6959

The Child-Parent Security Act establishes parental rights to those who use assisted reproductive technology (using third party surrogacy or donation) to conceive a child. Parents choosing to use assisted reproductive technology, known as “intended parents”, have legal rights from the moment or birth. *went into effect on February 15, 2021

NORTH CAROLINA | Mental Health Needs of Students – SB 476

Requires the state board of education to adopt a school-based mental health policy and requires all K-12 schools to implement a plan that includes mental health training and a suicide risk referral protocol. Topics covered by the training program should include youth mental health, suicide prevention, substance abuse, sexual abuse prevention, sex trafficking prevention and teen dating violence.

NORTH DAKOTA | No new laws.

OHIO | Porch Piracy Act – HB 2777

Those convicted of stealing delivered packages left outside a residence, also known as “porch pirates,” will face misdemeanor charges that carry a potential $500 fine and up to a year in prison. The third offense within 60-days carries a possible felony charge. Also, restitution also must be paid to victims.

OREGON | Drug Addiction Treatment and Recovery Act – Ballot Measure 110

This law decriminalizes small amounts of illegal drugs meant for personal use. Those guilty of minor possession will only be charged a fine of up to $100 but must also submit to a mandatory health assessment. After the assessment, drug treatment and recovery program referrals will be provided. *went into effect on February 1, 2021

PENNSYLVANIA | Autonomous Delivery Robots – SB 1199

Personal delivery devices, or PDDs, weighing up to 550 pounds are now legally classified as pedestrians. These devices can use sidewalks, pedestrian areas, roadways and shoulders. The devices are required to yield the right-of-way to human pedestrians and cyclists.

RHODE ISLAND | Parentage Act – H 7541

The Rhode Island Parentage Act repeals the state’s previous paternity law that was viewed as only protecting heterosexual partners who conceived through traditional means. The new law provides protections for all individuals — including members of the LGBTQ community — when establishing parentage, using surrogacy and seeking other assisted reproduction methods.

SOUTH CAROLINA | Administration of Opioid Antidotes – H 3728

This act requires all South Carolina health care facilities and all first responders to report every time an opioid antidote is administered to the state health department. Information reported should include patient information (name, address and birth date) along with the date and type of antidote administered.

SOUTH DAKOTA | Age of Consent for Forensic Medical Exams – HB 1103

Anyone age 16 or older may consent to a forensic medical exam without the consent of a parent or guardian. However, health providers should take reasonable steps to notify parents or guardians that the exam has taken place.

TENNESSEE | T- CPR Delivery – SB 1958

This act requires the emergency communications board to provide frontline, emergency dispatchers with training and guidelines for telecommunicator cardiopulmonary resuscitations, or T-CPR. Dispatchers are also required to offer T-CPR instruction over the phone to emergency callers or bystanders although callers may decline instruction.

TEXAS | Voter Approval for Increased Tax Revenues – HB 693

New property tax law requires cities, counties and localities wanting to raise tax revenue by more than 3.5% in a year, to put it before voters in the November general election for approval. The previous rate cap was 8%.

UTAH | Straight-Ticket Voting – HB 70

Utah will no longer offer the ability to “straight-vote” on ballots. Voters will have to vote for their preferred candidate in each race instead of being offered the ability to auto-populate ballots with only the candidates of their preferred party.

VERMONT | Hunting and Fishing Licenses for Indigenous Tribes – H 716

Native Americans belonging to state-recognized indigenous tribes will be issued free hunting and fishing licenses. In order to qualify, tribe members will need to provide a certified form by their appropriate tribal official along with state-acceptable proof of identification.

VIRGINIA | Driver Privilege Cards for Undocumented Immigrants–HB 1211

Allows undocumented immigrants to obtain driver’s license if they have reported income or can be claimed as a dependent on an individual tax return filed with the Commonwealth of Virginia. It does not grant undocumented immigrants the ability to vote or permit an individual to waive any part of the driver examination.

WASHINGTON | Abusive Litigation – SB 6268

Creates a process that prevents those who have abused an intimate partner from using the judicial system to further abuse a person through lawsuits, proceedings and paperwork. This law gives “considerable discretion” to the courts when deciding to dismiss or deny further litigation from those deemed as intimate partner abusers.

WEST VIRGINIA | Students’ Right-to-Know Act– SB303

Requires the state board of education to provide certain information to students and parents to help with planning for employment after high school. Post-secondary education costs, job prospects, potential job earning and military service information are all included.

WISCONSIN | Veteran-Related Tuition Grants – SB 537

Provides a grant for tuition and fees for veterans attending private nonprofit institutions that are members of the Wisconsin Association of Independent Colleges and Universities. *went into effect on March 3, 2020

WYOMING | Microbreweries – HB 158

Allows for Wyoming microbreweries, those brewing between 50 and 50,000 barrels a year, to have more than one location for producing malt beverages. The previous law required that all production take place at a single location. *went into effect on March 24, 2020

DISTRICT OF COLUMBIA | Foam Ban

D.C. has amended the ban on businesses serving food and beverage in polystyrene, or Styrofoam, to include additional measures. Stores and retail establishments may no longer sell foam food service items, foam coolers/ice chests or foam “packing peanuts.”

CSG Shared State Legislation

Launched in 1941, The Council of State Governments Shared State Legislation (SSL) is a member-driven process detailing topics of current importance to the states. The program’s goal is to facilitate the sharing of legislative ideas among members. Learn more at csg.org/ssl.

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