Some pretty horrible stuff happened in October 2017, much of the trending legislation reflected that. There was also some positive and interesting legislation proposed around the county. From the horrific shooting in Las Vegas to the positivity surrounding National Coming Out Day to addressing issues with marijuana taxes, the United States is one big melting pot of legislation.
NC H357 – Modernize Dietetics/Nutrition Practice Act. This act protects the public from being harmed by unqualified people through providing different guidelines for the licensure and regulation for people practicing dietetics or nutrition. The bill defines “dietetics” as the integration and application of principles derived from the science of nutrition, biochemistry, physiology, food and management and from behavioral and social sciences to achieve and maintain a healthy status “medical nutrition therapy”. The bill also creates and board to oversee these professions and requires members be US citizens who have practiced for at least three years and are licensed.
CO HB1121 – Patient Safety Act. This bill is aimed at protecting patients from issues with medical professionals the following medical fields: podiatrists, dentists and dental hygienists, medical doctors, physician assistants, anesthesiologists; nurses and certified nurse aides; optometrists and veterinarians. Applicants to become one of these medical professionals are required to submit their finger prints taken by an official agency for a background check. If someone has committed an act defined as “unprofessional conduct” the board can dismiss them. Some of these types of acts include: unlawful sexual behavior, diversion or the transfer of a substance similar to a controlled substance from a licit to an illicit channel of distribution or use.
TN HB0395 – restraint systems for buses. This is an interesting, positive bill which aims to create legislation for protecting students and people on Tennessee buses. It states any bus owned, operated or leased by a public or private elementary or secondary school used to transport students to or from school or extracurricular activities and other school events has to be equipped with a restraint system approved by the national transportation safety board. These apply to the driver and all passengers and buses ordered or purchased on or after July 1, 2018. (listen to this NCSL Podcast for much more info about school bus safety legislation)
US HR2282 – 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 also prohibits the word “establishment” from being construed to be limited to only a physical facility or place.
US S625 – Foreign Agents Registration Modernization and Enforcement Act. This bill seeks to “preserve the integrity of American elections” by providing the Attorney General with the investigative tools to identify and prosecute foreign agents who “seek to circumvent Federal registration requirements and unlawfully influence the political process.” The bill also states 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: one, state the nature of the conduct and applicable law constituting the alleged violation under investigation, and two, describe the class or classes of documentary material required to be produced with “definiteness and certainty” so the material can be fairly identified.
CA SB384 – Sex offenders registration: criminal offender record information systems. This bill would establish procedures for termination from the sex offender registry for a tier one or tier two offender who completes his or her mandated minimum registration period under specified conditions. For a person required to register as a tier three offender, based solely on his or her risk level, they can petition the court for termination from the registry after 20 years from their release from custody, if certain criteria are met. For more information about sex offenders and social media, read this post.
CA AB420 – Personal income tax deduction: commercial cannabis activity. The Personal Income Tax Law, by conformity to federal income tax laws, 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 now be allowed to file for a deduction for business expenses for a cannabis or marijuana business under the Personal Income Tax Law. For an update on what is happening with marijuana, read this post.
Many bills were trending throughout the month having to do with different aspects of gun legislation after what happened in Las Vegas, here are a couple of highlights:
OK HB1550 – Firearms; modifying where people are allowed to carry. One of many trending gun bills this month addresses where people can carry in Oklahoma. This bill makes it illegal for people to carry guns in: buildings owned or leased by a city, town, county, state or federal government, courthouse/courtrooms, prisons, schools, sports arenas and places where gambling is authorized. Pretty much anywhere where someone could cause immense harm to big groups of people. KY SB7 amends one of their gun laws to allow people not otherwise prohibited by other laws to carry concealed weapons without a license, but they can also not carry in similar areas to the Oklahoma bill.
US HR3947 – 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 the semiautomatic rifle into a machine gun. The Las Vegas shooter used a bump stock.
Finally, there was interest in how Louisiana made some headway in attempting to combat our recent opioid epidemic. For more information on this epidemic and what other states are doing, read this post.
LA HB490 – Creates the Advisory Council on Heroin and Opioid Prevention and Education. The bill allows the council engage and solicit input, recommendations and guidance pertaining to heroin and opioid prevention and education from interested parties and stakeholders. They will need to establish an “Interagency Heroin and Opioid Coordination Plan” and a “central online location to disseminate information and resources”.
LA HB192 – Provides for limitations on the prescribing of opioids. This bill states a medical practitioner cannot prescribe more than a seven-day supply to an adult patient when issuing a first-time opioid prescription for outpatient use. When it comes to minors, they cannot issue a prescription for an opioid for more than a seven-day supply at any time. They also will need to discuss with a parent, tutor or guardian of the minor risks associated with opioid use and the reasons why the prescription is necessary.
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