Wow, 2017 was quite the year here at BillTrack50. We always enjoy keeping an eye on what bills are being clicked on the most, and we have dedicated a year’s worth of slices of life to share these trends with you. We thought it would be fun to look back over all of the bills that got a lot of traffic and pick out some overarching themes for this 2017 wrap up.
Trending Legislation Surrounding Marijuana.
Following national trends throughout the last few years, marijuana has been an incredibly popular topic for legislation searches on our site. Many different states proposed bills ranging from legalizing the commercial use of hemp products to legalizing the plant. Let’s take a look!
Nebraska proposed the Industrial Hemp Act. This act is meant to help Nebraska to move to the forefront of industrial hemp production, development and commercialization of hemp products in agribusiness, alternative fuel production and other business sectors (both nationally and globally). It would develop a commission to oversee a five-year research project conducted with the University of Nebraska looking into seed research and the planting, cultivation, and analysis of industrial hemp demonstration plots. This bill did not see very much action in 2017, but the title was printed for a carryover bill on January 3rd, 2018.
Wyoming proposed HB0230 also related to hemp farming. This act, similar to that of Nebraska, authorizes industrial hemp farming. The bill was passed in March and approves farming hemp for research purposes and provides an affirmative defense for marijuana prosecutions. If a person meets their requirements, they can plant, grow, harvest, possess, process or sell industrial hemp (classified as an agricultural crop). Their licensure requirements do not apply to the University of Wyoming. Farmers agree the bill is a huge boost for Wyoming agriculture as well as for farmers and landowners. It is not expected to take effect until 2019 because the state needs to procure equipment to test hemp and make sure it doesn’t contain THC levels higher than 0.3 percent.
Hemp is thought to be a much better crop than cotton, wood, and plastic; it can be used for: fiber, paper, cardboard, plastic substitutes, soy substitutes, non-toxic diesel fuel, paint and more. One acre of hemp will produce as much fiber as two to three acres of cotton and as much paper as two to four acres of trees. Stay tuned for more updates on bills like these – for more information about hemp read this blog.
Iowa proposed SF266. This bill defines marijuana possession as one ounce or less. People who do not have a valid “written recommendation” can be found guilty of possession. This legislation aims to give people permission to recommend the administration of cannabidiol. Cannabidiol or CBDs are hemp oil products that are non-psychoactive and are believed to have significant health benefits. The bill calls for fines for possession to be deposited into a fund which will be used by the judicial branch to establish, administer and maintain drug courts throughout the state. This bill was introduced and referred to the judiciary committee but has had no further actions.
New Jersey proposed A4193 which aims to legalize marijuana and allow for records expungement for certain past marijuana offenses. The bill would have the state treat marijuana products similar to tobacco products, including the use of civil penalties for providing marijuana to persons under 19 years of age. This is different from many other states which have 21 as the age of legality for marijuana consumption. This bill was referred to the Assembly Judiciary Committee and has had no further action.
California proposed AB420, providing for a personal income tax deduction with commercial cannabis activity. The Personal Income Tax Law disallows a deduction or credit for business expenses of a trade or business whose activities consist of trafficking specified controlled substances, like marijuana. This bill specifically provides for nonconformity to the federal law disallowing a deduction, but only for commercial cannabis activity. Californians would be allowed to file for a deduction for business expenses for a cannabis or marijuana business under the Personal Income Tax Law. This bill crossed over in May and has been held under submission since September. Starting in January 2018, California now has legalized recreational marijuana sales and consumption. Bills pertaining to the business aspects of marijuana legalization will likely continue to increase as more states ditch the prohibition.
For more information about marijuana legislation and what is currently happening under Sessions, read this post. For some history on marijuana and legislation throughout the last couple years, read this post or this post.
Trending Legislation Surrounding Protesting.
2017 started with the largest protest in American history with the Women’s March taking place on January 21st (see this post by Sarah Evelyn covering the march). Many different bills were trending around the states pertaining to the different aspects of increased protesting throughout the year. Check out this post for a more detailed look at the national legislation.
Two bills specifically were very popular this year, one in Arizona and one in Minnesota. Arizona SB1142 related to riots and the planning, participation, and racketeering involved with them. This bill aimed to expand Arizona’s racketeering laws to include rioting, they are currently aimed at organized crime. The bill also redefined what “constitutes” rioting to be actions that result in damage to the property of others. Opponents of the bill say it allows the state to prosecute “guilty by association” and gives the government the right to criminally prosecute and seize the assets of people who participate and plan protests. The bill passed the senate and was assigned to the house rules committee, where it died.
Minnesota HF1066 pertained to increasing penalties for obstructing the highway. This bill defines a public nuisance as “maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public.” If you are a nuisance on a public highway or right-of-way, or waters used by the public, the penalty for “maintaining a public nuisance” is a misdemeanor. This bill also did not pass but was referred to Senate and House Judiciary and Public Safety Finance and Policy.
Finally, there were many issues with protests and riots breaking out on college campuses this year in lieu of the political atmosphere. A Wisconsin bill, the Campus Free Speech Act, reflected this issue. This bill aimed to recognize that the Wisconsin Constitution gives people the right to speak freely and prohibits laws abridging the liberty of speech. The legislature believes institutions have abdicated their responsibility to uphold the right to free speech principles and that these failures make it appropriate for the system to restate and confirm its “commitment to enforcing the right of free speech”. This topic has become especially relevant to issues of free speech on college campuses in regards to the election last year and with sponsored partisan speakers. Organizations like FIRE are committed to upholding this right, and many others, on college campuses all over the United States. For more information on this issue nationally, read this post.
Trending Legislation Surrounding Abortion.
Arkansas proposed the Arkansas Unborn Child Protection From Dismemberment Abortion Act. This bill was signed on January in 2017 and became Act 45. This bill effectively bans the majority of second-trimester abortions (after 13 weeks or 3 months) in Arkansas and gives control of women’s bodies to other people in their lives. “Dismemberment Abortions” also known as a dilation and evacuation (D&E) procedure is the safest way for a woman to have an abortion in the second trimester. This act makes D&E procedures a felony punishable by a $10,000 fine or six years in prison. The second part of this bill allows women to be barred from having an abortion by their spouse or family member, even in instances of spousal rape or incest.
The US proposed No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act. This bill aimed to make the prohibition on the use of federal funds (including funds from District of Columbia) for abortion or health coverage that includes abortion permanent. The prohibition would not apply to abortions in cases of rape, incest, or where a physical condition endangers a woman’s life unless an abortion is performed. This bill crossed over in January and was referred to the Committee on Finance.
Rhode Island proposed the Reproductive Health Care Act. This bill aimed to prohibit the state from interfering with a woman’s decision to prevent, commence, continue or terminate a pregnancy prior to fetal viability. It also aimed to prevent the state from restricting the use of “medically recognized” methods of contraception or abortion and the manner in which medically recognized methods of contraception or abortion are provided. The bill was given to the committee and had a measure recommended to be held for further study and was marked dead in December.
For more information about bills relating to abortion this year read this post or this post.
Trending Legislation Surrounding Immigration and Immigrants.
This year, from the DACA fight to the Muslim ban, the topic of immigrants and their ability to be in the United States has been heated.
Sanctuary cities were in the public eye for much of this year. Many states worked to propose legislation surrounding them, including Virginia. HB2000 was proposed to prohibit sanctuary policies. This bill aimed to block localities from adopting any ordinance, procedure or policy that restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. The bill was passed and then vetoed by Governor Terry McAuliffe. This bill and issue gained a particular national spotlight because of the gubernatorial race in Virginia and claims against Democrat Ralph Northam that he was was the “deciding vote” in “favor of sanctuary cities that let dangerous illegal immigrants back on the streets” by Republican gubernatorial candidate Ed Gillespie. For more on sanctuary cities, read this post.
The United States proposed the Protect and Grow American Jobs Act. This bill would require third-party employers to provide assurance to H-1B employers they have not displaced a US worker in the 90 days before hiring someone and they won’t displace US workers during the placement period. Along with assuring no US workers have been displaced, the bill would require employers to submit a report summarizing recruiting efforts following the H-1B application detailing:
- The good faith steps taken to recruit US workers
- The number of US workers who applied for the job
- The number of such workers who were offered for the job and, if so, whether workers accepted the offers
- For each worker not offered the job, the reason the job was not offered.
This bill is in committee and was referred to the Subcommittee on Immigration And Border Security and was ordered to be amended by Voice Vote.
Finally, one of the most contentious immigration bills throughout the year, especially at the end of the year as part of the budget process, is the Dream Act of 2017. The DREAM Act is a bill which directs the Department of Homeland Security (DHS) to cancel “removal and grant lawful permanent resident status on a conditional basis to an alien who is inadmissible or deportable” or is in temporary protected status. It is pretty much a path to citizenship for immigrants to this country who are undocumented and have proved to be valuable, contributing members of our society. Many of the people who this act would benefit are those who have DACA status, which was rescinded by Trump earlier this year. Democrats have been pressured to negotiate for the passage of the DREAM Act through the budget reconciliatory process, but so far there have not been any moves made and it is still in committee. For a more comprehensive post about DACA, read this post.
Trending Legislation Surrounding LGBTQ related issues.
Like always, LGBTQ rights bills got a lot of clicks from our visitors this year.
New Jersey passed S3067 and requires the Commissioner of Education to develop guidelines for school districts regarding transgender students. This bill follows a string of other bills across the US regarding what protections and rights should be afforded to transgender students within schools across the nation. Some bills, such as this bill, aim to provide direction for schools in addressing common issues concerning the needs of transgender students. S3067 would assist schools in establishing policies and procedures that would ensure a supportive and nondiscriminatory environment for transgender students while at school.
Texas SB6 pertains to regulations and policies for entering or using a bathroom or changing facility. This bill is following a trend in the United States’s since North Carolina’s HB2 last year (check out more info on that here) to dictate which restroom people may use in schools. The bill opens with “the federal government’s mandate requiring Texas public schools to provide students access to restrooms, showers, and dressing rooms based on an individual student’s internal sense of gender is alarming and could potentially lead to boys and girls showering together and using the same restroom” and proceeds to outline mandates requiring people to use the restroom that corresponds with their “biological sex”. The bill also outlines when people whose “biological sex” does not correspond to the facility can enter: for a custodial, maintenance or inspection purpose, to render medical or other emergency assistance and to accompany or receive assistance in using the facility for a student or person. The bill died in May of this year.
Colorado proposed SB283 aimed at clarifying discrimination and right to disagree. This bill is quite interesting; it aimed to clarify the circumstances where “disagreement” is not discrimination. The bill specifies it is not a “discriminatory practice” for a private business to decline to provide goods or services if they convey a message or event with which the business or business owner chooses not to associate itself or disagrees with. By aiming to clarify the distinction between discrimination and the fundamental right to disagree, this bill addresses issues of “religious freedom” allowing or disallowing businesses to perform services or supply goods based off “good faith” morals. This bill is in response to another news story gaining national attention this year where a bakery in the state refused to make a wedding cake for a same-sex marriage that has made it all the way to the Supreme Court. The bill died in May of this year.
The United States proposed the Equality Act. This bill amends the Civil Rights Act of 1964 to add sex, sexual orientation and gender identity to the prohibited categories of discrimination or segregation in places of public accommodation. The bill defines: “sex” to include a sex stereotype, sexual orientation or gender identity, and pregnancy, childbirth or a related medical condition; “sexual orientation” as homosexuality, heterosexuality or bisexuality; and “gender identity” as gender-related identity, appearance, mannerisms or characteristics, regardless of individual’s designated sex at birth. The bill was referred to the subcommittee on the Constitution And Civil Justice in June. For more information about religious freedom and discrimination read this blog or this blog.
Massachusetts proposed H1190 regarding conversion therapy and minors. This bill aims to prohibit state-licensed mental health professionals from subjecting minors to conversion therapy practices to change their sexual orientation and/or gender identity. These practices involve any attempts to impose a change of an individual’s sexual orientation or gender identity; including efforts to change behaviors/gender expressions or attempting to eliminate or reduce sexual or romantic attractions/feelings toward individuals of the same sex. The bill was referred to the committee on House Ways and Means with the amendment pending in November. For more posts relating to LGBTQ issues, go here.
Trending Legislation Surrounding Health Care.
Who could look past the countless debates surrounding healthcare throughout 2017 and the numerous attempts at repealing the Affordable Care Act?
California had the Healthy California Act cross over this year. This bill would create the “Healthy California program” to provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state (including undocumented residents) – effectively replacing private medical insurance. If this bill is implemented, California would consolidate existing federal funds (payments for Medicare, Medicaid, and tax revenues) to support the universal health insurance. The bill was tabled in June because it lacked precise details about how to pay its estimated $400 billion price tag.
Senator Bernie Sanders introduced a new “Medicare for all” health care bill with almost a third of the Senate Democratic caucus by his side, it’s still in committee. This bill more or less offers a blueprint for moving the country to a government-run, single-payer health care program, fundamentally reshaping the American system. If this bill passes, Americans would receive a “Universal Medicare card”. This card is the gateway to comprehensive healthcare services – like hospital stays, doctor visits, substance abuse treatment, dental, vision and reproductive care. For more information about what is happening in the healthcare space and what universal coverage is, read this post, for trends for 2017 in healthcare, read this post.
Trending Legislation Surrounding Monuments.
Debates surrounding monuments have also been an incredibly contentious theme throughout the year. For information covering the debate over civil war monuments, read this post, for national monuments, read this post.
Texas proposed HB1359 regarding monuments and memorials for Texas heroes and other persons and events of historical significance. This bill died but would have provided that monuments may be erected on land owned or acquired by the state (or an institution of higher education) and anyone who intentionally removes, relocates or alters a monument or memorial is committing a criminal offense. The bill would have required any legally removed monument to be relocated to an equally prominent location approved by the legislature, the Texas Historical Commission or the State Preservation Board. For more information on issues with the Confederate history in the United States, read this blog.
Alabama passed the Memorial Preservation Act. This bill prohibits the relocation, removal, alteration, renaming or any other disturbance of monuments located on public property that have been in place for 20 or more years. The bill also puts forth mechanisms for the relocation, removal, alteration, renaming or other disturbance of monuments and the renaming of certain memorial streets, architecturally significant buildings and memorial buildings. Finally, the bill creates the Committee on Alabama Monument Protection to oversee all of the proceedings involving monuments. These types of bills have been proposed throughout the last few years and have recently gained national attention from the events in Charlottesville earlier this year. Many different cities and states have been making moves to remove many of their civil war monuments, along with attempting to protect them. For an opinion piece from Sarah Evelyn about these events and more legislation surrounding Charlottesville, read this post.
Trending Legislation Related to the Second Amendment.
2017 has continued with the general theme of being an incredibly deathly year due to mass shootings, in fact, it has been deemed the deadliest year so far. Bills have ranged from ones to allow concealed carry to ones that disallow bump stocks in response to the tragedy in Las Vegas in October of this year.
South Carolina proposed the Constitutional Carry Act of 2017 and Alabama proposed SB24. These bills are still in committee but are similar in that they address possession and carrying of firearms. Pretty much they state it is lawful for anyone to carry on their person any handgun, whether concealed or not, unless otherwise specifically prohibited by law. Carrying a gun is also prohibited if the person is otherwise prohibited from owning, carrying or purchasing a firearm by state or federal law. Having a gun in a residence or dwelling of another person without the express permission to have one from the owner or person in legal control is also prohibited. These laws don’t apply to law enforcement officers or people given express permission. Oklahoma and Kentucky also had similar bills this year.
Mississippi passed the Mississippi Church Protection Act. This bill allows for churches to establish a “security program” where designated members are authorized to carry firearms for the protection of the congregation of the church or a place of worship. Further, the bill allows any member of the security program to be immune from civil liability for any “action taken” if the action occurs during the “reasonable exercise” of and within the “course and scope” of the member’s official duties as a member of the security program. A person who uses defensive force, under the bill, will be presumed to have “reasonably feared imminent death or great bodily harm”, or the “commission of a felony upon him or another or upon his dwelling, a vehicle, place of work or place of worship”. This bill comes at a time where shootings at places of worship are becoming increasingly popular.
After the Las Vegas shooter used a bump stock to commit the largest mass shooting in recent American history – firing more than 1,100 rounds and leaving 58 people dead and 546 injured – a couple different bills were proposed to attempt to ensure events like this could not happen as easily, both ended up in committee.
First of these bills was the Automatic Gunfire Prevention Act. This bill aims to make it unlawful for any person to import, sell, manufacture, transfer or possess a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment or accessory that is designed or functions to accelerate the rate of fire of a semi-automatic rifle. It does not pertain to devices used convert semiautomatic rifles into machine guns.
The second bill was the Keep Americans Safe Act. This bill wanted to prohibit the transfer or possession of large capacity ammunition feeding devices. A large capacity ammunition feeding device is a magazine, belt, drum, feed strip or similar device that has a capacity, or can be readily restored or converted to accept more than 10 rounds of ammunition. The bill would make it unlawful for any person to import or bring a large capacity ammunition feeding device into the US. The bill does not apply to US and state departments or agencies. For more firearm related posts, go here.
Trending Legislation Surrounding Various Specific National Events.
Finally, there were many trending bills that reflected some of the top news stories in 2017. Below is a description of a few of them.
The Presidential Conflicts of Interest Act of 2017. This bill called for the divestiture of all personal financial interests for the President and Vice President of the United States of America that pose a conflict of interest. It also called for the disclosure of financial interests and for the spouse and family members of the President and Vice President to divest. The bill was read twice and referred to the Committee on Homeland Security and Governmental Affairs. It was proposed after many different groups filed suits against the president in January of last year, claiming he is violating the Emoluments Clause. For more information on this issue throughout the year, read this blog.
Restricting First Use of Nuclear Weapons Act of 2017 – “First-use nuclear strike” means a nuclear weapons attack against an enemy that is conducted without the President determining that the enemy has first launched a nuclear strike against the United States or a U.S. ally. This bill aimed to prohibit the President from using the Armed Forces to conduct a first-use nuclear strike alone. The strike would have to be conducted pursuant to a congressional declaration of war expressly authorizing a nuclear strike before the strike order could be made. This bill was read twice and referred to the Committee on Foreign Relations. The topic of nuclear war has been on everyone’s minds this year with issues with North Korea and their nuclear program heating up. For more information on Nuclear First Strike Policy, read this post.
In response to the Russia investigation we have been hearing about all year, the Foreign Agents Registration Modernization and Enforcement Act was proposed. This bill sought to “preserve the integrity of American elections” by providing the Attorney General with investigative tools to identify and prosecute foreign agents who “seek to circumvent Federal registration requirements and unlawfully influence the political process.” The bill also stated that whenever the Attorney General has reason to believe any person or enterprise may be in possession, custody or control of any documentary material relevant to an investigation, they can serve a written demand for the person to produce the material. The demand has to do two things:
- State the nature of the conduct and applicable law constituting the alleged violation under investigation
- Describe the class or classes of documentary material required to be produced with “definiteness and certainty” so the material can be fairly identified.
This bill was read twice and referred to the Committee on Foreign Relations.
This year of political activism has led to record traffic on BillTrack50, which let us follow these different legislative trends. We are interested to see where the next year will take us and the next new trends that emerge. Thank you for using BillTrack50 to research legislation in 2017, and we’re looking forward to tackling 2018 with all of you!
About BillTrack50 – BillTrack50 offers free tools for citizens to easily research legislators and bills across all 50 states and Congress. BillTrack50 also offers professional tools to help organizations with ongoing legislative and regulatory tracking, as well as easy ways to share information both internally and with the public.