Written by: Sarah Johnson | February 15, 2018

The legislation this month started the year off with a bang. Ranging from some of the most contentiously debated topics to other incredibly important, less in the public eye topics, our trending bills this month clued us in on the legislative trends we will see throughout the year. Let’s dive in!

NJ S1163 -This bill requires a school district or private school for students with disabilities that chooses to utilize physical restraint on students with disabilities to ensure that: a student is not restrained in the prone position unless the student’s primary care physician authorizes the use of this restraint technique and that staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint. Their training must be updated annually and the parent or guardian of a student must be immediately notified by telephone or through some means of electronic communication when physical restraint has been used on their child. This bill passed.

MS HB1100 died in committee but aimed to require moment of quiet reflection each day and that classrooms display and preform a daily recitation of Ten Commandments. The bill states there will be no content-based censorship of American or Mississippi history, heritage or culture based on any religious references contained in the documents, writings or records. The school board would have had to require the teachers to have the Ten Commandments recited aloud at the beginning of the first hour of class each day. Any student or teacher who objects to reciting the Ten Commandments would have been excused from participating without penalty.

HI HB1996 – Relates To Pretrial Release. According to the Bureau of Justice Statistics, over sixty percent of all jail inmates are awaiting court action on a current charge. Another study found that five out of six individuals detained until case disposition were detained because they could not afford bail, not because they were found to be dangerous or a flight risk. This bill aims to require courts to order any person charged with a criminal offense to be released on personal recognizance pending trial, unless the person is a flight risk, unlikely to appear for trial or a danger to others. The bill is currently in committee. For more information about bail reform, read this post.

CA AB1008 – Employment discrimination and conviction history. This bill would repeal the prohibition on a state or local agency from asking an applicant to disclose information regarding a criminal conviction. The bill would, instead, provide it is unlawful for an employer with 5 or more employees to include on any application for employment any question that seeks the disclosure of an applicant’s conviction history. They would also not be allowed to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer.

US S447 – Uncompensated Survivors Today (JUST) Act of 2017. Saturday January 27th was International Holocaust Remembrance Day. The JUST act aims to help Holocaust survivors and the families of victims obtain restitution or the return of Holocaust-era assets. The measure requires the US State Department to report on the progress of certain European countries toward the return of or restitution for wrongfully confiscated or transferred Holocaust-era assets, including property, art and other movable property. It also requires a report specifically on progress on the resolution of claims for US citizen Holocaust survivors and family members. It passed the Senate and was referred to the House Committee on Foreign Affairs.

US S1624 – Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017. This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit the sale of any food that contains the organophosphate pesticide, chlorpyrifos. The Environmental Protection Agency (EPA) would have to offer a contract to the National Research Council to conduct an organophosphate pesticide risk assessment. If the EPA finds pesticide exposure that does not meet FFDCA standards, the EPA must take regulatory action no later than 90 days after becoming aware of the exposure. The bill is currently in committee.

MO HB1382 aims to eliminate the requirement that concealed carry permit holders must receive permission from the minister or people representing religious organizations in order to carry concealed firearms in churches or places of worship. The bill is currently in committee.

NJ A1451 – This bill requires that the New Jersey Economic Development Authority (EDA) make direct loans to qualified businesses located in an area designated as being an “urban center”. This means qualified businesses located in areas designated as a “regional center” or metropolitan “planning area.” Qualified businesses in these areas would be permitted to receive direct loans under the “Urban Plus Program.” A “qualified business” is defined in the bill as a business that is established by the EDA as a small, woman-owned, or minority-owned New Jersey-based business, manufacturer, redeveloper or non-profit organization that is unable to obtain funding from conventional sources. This bill was signed.

TN HB0892 – the “Tennessee Natural Marriage Defense Act”. This bill is currently in committee, but states “it is the policy of the state of Tennessee to defend natural marriage as recognized by the people of Tennessee, in the Constitution and laws of the state of Tennessee, consistent with natural law, and the written United States Constitution”. The bill defines “natural marriage” as one between one man and one woman. Further, the bill states no state or local agency or official shall give force or effect to any court order that has the effect of violating Tennessee’s laws protecting natural marriage.

CO HB1067 – Right To Rest Act. The bill would safeguard the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is allowed, to occupy legally parked vehicles and to have a reasonable expectation of privacy and private property.

 

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