Written by: Michael OBrien | November 18, 2015

Wih a dysfunctional Congress, state legislatures are where big policy issues are being debated and passed. That does not look like it will change in 2016. States will continue to tackle the big issues in healthcare, the environment, the economy and many leading social issues.

What do I think will be the top legislative issues of 2016?

  • Police Body Cams – States will debate if and how to fund the purchase of these cameras, along with the pressing privacy issues that go along with them. Beyond the budget and privacy issues, there will be discussions surrounding police accountability and whether this increased accountability will lead to an increase in crime.
  • Energy Issues – Energy debates will continue to including hydraulic fracturing (fracking), but also how to leverage more sustainable, clean renewable energy – mainly wind and solar. Biofuels will also be part of the mix, especially if the Federal renewable fuel standard gets rolled back.
  • Criminal Justice Reform – With incarceration rates and costs at unsustainable levels, states will have to find ways to save money and implement real changes. There will be many facets to this, including drug courts focusing on getting offenders into treatment instead of prisons, moves away from traditional bail and pre-trial programs, anmesty for people reporting overdoses, early release programs for non-violent offenders, banning the box and other programs designed for successful reentry for those leaving prison.
  • Guns – The debate of gun control vs. the need for reform in how we recognize and treat mental health issues in this country will continue. With former mayor Michael Bloomberg funding anti-gun advocacy groups and the NRA funding pro-gun groups I expect to see debates in nearly every state.
  • Drones and Driverless Cars – Drones and driverless cars are coming. The technology is advancing too fast to deny it any longer. States will have to determine the rules of for unmanned vehicles on their roads and in their skies.
  • The Sharing Economy – Short-term rental platforms (like Airbnb) and transportation network companies (like Uber, Lyft and Sidecar) continue to face legislative challenges in the states. While there may still be an occasional bill to ban these types of businesses, most issues will focus on insurance, taxes and fees and data collection and privacy.
  • Right to Try vs Right to Die – In 2015, several states took up right to try legislation, giving hope to many terminally ill patients. On the other side of that spectrum, some states took up assisted suicide legislation, giving terminally ill patients the right to die on their terms. I expect to see more legislation on both fronts.
  • Marijuana – Medical, de minimis possession (partial decriminalization) and legalized recreational use consideration could be on the agenda in states in 2016. Medical marijuana has broad public support and de minimis possession could pass as part of criminal justice and sentencing reforms. Full decriminalization, or legalized recreational use bills face a tougher battle, especially given uncertainty at the federal level and states wanting to wait and see the results of experiments in Colorado and Washington.
  • Medicaid – States will continue to look at Medicaid, as states that expanded programs under the Affordable Care Act will debate continuing those programs, and a few states that didn’t make another legislative push. Medicaid reform will also be a hot topic, as states move from fee-for-service and make other changes designed to improve outcomes and reduces cost.

Other topics worth noting: state preemption and local government rights; water; internet voting and health tech with a focus on telemedicine and patient privacy.

Keep watching this blog as we will be taking a deeper dive into some of these issues and others that throughout next year. Please leave a comment on what topics you would like to see covered.

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