With the 2022 coming to an end, it is time to look back on our year and dive into the top 10 most read bills on BillTrack50 in 2022 (Mobile Access Code:IYAJJZ). From gun control to "parental rights" to trans youth to drug decriminalizations, this year has yet again proved to be an intriguing, turbulent time.
#1: The Georgia Constitutional Carry Act of 2021
First up is GA SB319 (read 16,961 times this year), which eliminates the requirement for a gun permit. This bill was proposed in March of 2021 and signed in April of 2022. Senate Bill 319 allows eligible Georgians (people who are not convicted felons or anyone adjudicated to have a mental illness) to carry handguns without obtaining a license or permit.
The bill states "The Second Amendment to the United States Constitution recognizes the right of the people to keep and bear arms and that such right shall not be infringed; and (2) The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided that the right of the people to keep and bear arms shall not be infringed but that the General Assembly shall have power to prescribe the manner in which arms may be borne."
In Georgia, residents will be allowed to purchase a firearm without a license. Licenses are required if someone wants to carry a weapon openly within the state. If someone is in their home, vehicle, or business, or is fishing or hunting, or the gun is unloaded in a case, a license is not required when concealed. The bill does not include courthouses, schools, and other "school safety zones".
For more updates on concealed carry laws across the States this year, check out this blog.
#2: Florida Parental Rights in Education
Second is FL H1557 (read 13,417 times this year), dubbed the "Don't Say Gay" bill by opponents. This bill prohibits classroom instruction about sexual orientation or gender identity in K-3 classrooms. After 3rd grade, these conversations need to be "developmentally or age-appropriate".
The provision reads: “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.” Parents may enforce this provision by suing the school district for injunctive relief, damages and attorneys’ fees. There is no definition or standards present in the bill which dictate at what age talking about sexual orientation or gender identity is "age appropropriate".
The bill also states that in accordance with the rights of parents the district school board will "adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student." The Trevor Project had this to say about this portion of the bill "these provisions appear to undermine LGBTQ support in schools and include vague parental notification requirements, which could effectively require teachers to 'out' LGBTQ students to their legal guardians without their consent, regardless of whether they are supportive."
This bill was proposed in January this year and was signed the end or March.
#3: Pennsylvania National Popular Vote Act
PA HB270 (read 13,037 times this year), the Agreement Among the States to Elect the President by National Popular Vote Act, was referred to the State Government but has not moved out of committee this year. This bill would authorize Pennsylvania to join the agreement among the states to elect the president of the United States by the popular vote, eliminating any confusion when it comes to election results. This year, after January 6th we saw a lot of discussion about certifying election results. For more on legislation related to "insurrections", check out this blog from this year.
The bill's sponsor, Chris Rabb, had this to say about the legislation, "We need to ensure that the voice of the people is heard, and that no election official can bow to public pressure to change the results of an election. We must defer to the collective will of voters irrespective of the victor’s party affiliation and uphold our constitutional imperative with rigor and integrity."
Back in 2016, I wrote about the National Popular Vote Interstate Compact. States that pass legislation to join the NPVIC agree to select their electors for the winner of the national popular vote (rather than the winner of their state). The Compact only takes effect once enough states have joined to account for 270 electoral votes.
#4: Washington High-Capacity Magazine Limitations
WA SB5078 (read 11,720 times this year) prohibits the making, distribution, and sale of firearm magazines that can hold more than 10 rounds.The bill also outlines some exceptions for items legally acquired before effective date in the bill (July 1, 2022). For a deeper dive on this legislation, check out this blog Washington SB5078 - Ban on Large-Capacity Magazines.
This bill does not ban the possession of high-capacity magazines, but instead prohibits the sale and distribution of high-capacity magazines. "Distribution" can also mean "sale" as the bill makes selling a high-capacity magazine, or offering one for sale, a violation of the state's Consumer Protection Act - thus allowing the attorney general's office to take legal action against those who violate it. High-capacity magazines are defined in the bill as magazines that can accept and feed more than 10 rounds of ammunition. Violations will be a gross misdemeanor, punishable by up to 364 days in county jail and a maximum fine of up to $5,000, or both.
This bill was introduced in January 2022 and was signed March 23rd.
#5: Ohio the Save Adolescents from Experimentation (SAFE) Act
OH HB454 (read 9,786 times this year) aims to “protect the health and safety of its citizens, especially vulnerable children.” This bill was introduced in October of 2021 and then referred to the committee Families, Aging, and Human Services where it has had 5 hearings total throughout 2022. Opponents of the bill say the bill takes away life saving health care for children and teens experiencing gender dysphoria.
The bill aims to do a few things:
- Prohibit nurses, counselors, teachers, principals, or other official or staff at a public or private school frin encourage or coerce a minor to withhold from the minor's parent or legal guardian the fact that the minor's perception of his or her gender is inconsistent with his or hersex or withhold from a minor's parent or legal guardian information related to the minor's perception that his or her gender is inconsistent with his or her sex
- Prohibit referrals for medicalized treatments for minors with gender dysphoria
- Bar Medicaid from covering the cost of SRS for minors and any requirement for private insurers to cover medicalized treatments for gender dysphoria in adolescents
- Prohibit Hormone blockers for Gender Dysphoria prior to the age of 18 and any surgical interventions or Sex Reassignment Surgery (SRS) for minor
Many states have proposed SAFE Acts in the last couple years, Arkansas is the only state to have successfully passed the legislation (enacted in April of 2021).
#6: COVID-19 retirement credit to essential public-sector workers
MA H2808 (read 8811 this year) was introduced in March of 2021 and has had a few hearings with the committee on Public Service. If passed, public employees in Massachusetts who worked in-person during the COVID-19 state of emergency would receive a three-year bonus retirement credit.
The bill states that "all employees of the state, its political subdivisions, and its public colleges and universities, a bonus of three years “added to age or years of service or a combination thereof for the purpose of calculating a retirement benefit," if, at any point between March 10, 2020 and December 21, 2020, they had "volunteered to work or who [had] been required to work at their respective worksites or any other worksite outside of their personal residence."
Under the bill, the secretary of administration and finance would be tasked with identifying the public employees who volunteered or worked at job sites or outside of their homes during the COVID-19 state of emergency. They would then work with state government to create a list of these essential workers to provide to the State Retirement Board. After receiving the list, the board would notify each worker who is eligible for the credit. The credit would be available for use at any time on or after June 30, 2021.
Bill sponsor, Jonathan Zlotnik, had this to say during a hearing, "This was the time when these essential services were most important, the people being asked to perform them were most at risk coming into contact with members of the public and with co-workers. They continued to do their jobs, often exhibiting flexibility and creativity and an effort to ensure that those needs were met. It is in recognition of that effort that we offer this bill."
During this hearing, there was general support for the bill. But, a huge question remained around whether or not a financial or fiscal analysis had been conducted to understand the cost to the state if the bill was passed. This year, Study Order H5206 authorized the committee on Public Service to sit during a recess of the General Court to make an investigation and study of this bill and others relative to credible service, divestment, pensions, benefits and retirement on or before December 31, 2022.
#7: New York Decriminalization of Hallucinogens
NY A06065 (read 8,631 times this year) legalizes adult possession and use of certain natural plant or fungus-based hallucinogens; grants certain protections for individuals lawfully using such hallucinogens. The bill was introduced in March 2021 and referred to the health committee in January of 2022 where it currently sits.
The bill states that the “possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing” of psychedelics like psilocybin, ibogaine and mescaline would be legal for adults 21 and older. The bill would also remove such hallucinogens from the list of schedule I controlled substances, effectively legalizing them.
People can use these hallucinogens for ceremonial and therapeutic reasons. The bill would authorize the “provision of supervision, guidance, peers engaging in risk mitigation, religious, spiritual, or related supportive services with or without remuneration," by people 21 or older to people 21 "who are engaging in the intentional and consenting use of natural plant or fungus-based hallucinogens."
The bill also allows for "the possession, use, cultivation, production, creation, analysis, administration, gifting, exchange and/or sharing of natural plant or fungus-based hallucinogens...by a religious organization for religious and ceremonial use or other non-commercial organizations."
This year, Colorado voters passed a proposition that decriminalizes psychedelic mushrooms. It will also allow the supervised use of two of the drugs found in the mushrooms, psilocybin and psilocin, at state-regulated “healing centers” by 2024.
#8: North Carolina Compassionate Care Act
NC S711 (read 7,553 times) would allow individuals with qualifying debilitating medical conditions to register to use and safely access medical cannabis through a regulated medical cannabis supply system. This bill was filed in April of 2021, crossed over in July of 2022, and then referred to the committee Rules, Calendar, and Operations of the House.
If approved, the bill would allow physicians to prescribe medical cannabis to patients for conditions including cancer, epilepsy, HIV, AIDS, Parkinson's disease and multiple sclerosis. PTSD is listed as a debilitating medical condition, but a person would be required to prove military service in an active combat zone and that they experienced one or more traumatic event. Patients would apply for a registry identification card, which must be carried by the patient when the cardholder possesses cannabis or cannabis-infused products and must be provided to law enforcement upon request.
Other conditions which commonly use medical cannabis like chronic pain, glaucoma, and anxiety are not included in the bill. A Compassionate Use Advisory Board would be established, consisting of physicians, an expert in the field, a pharmacist, patients, and others. This board would have the ability to add qualifying debilitating medical conditions.
The legislation would also allow for eligible patients younger than 18 years old to consume medical cannabis through a non inhalation method. This would only be allowed if they patient has consent to use by a legal guardian who also agrees to serve as a designated caregiver and control the medical use of cannabis by the qualified patient.
The bill also addresses requirements for licensed cannabis producers and requirements for certifying physicians. A Medical Cannabis Production Commission would be setup and allowed to issue 10 supplier licenses, each of which allowed eight potential dispensaries within the state. Physicians would be required to take continued medical education course.
#9: The Alabama Vulnerable Child Compassion and Protection Act
AL SB184 (read 7291 times) was proposed in February of 2022 and signed in April, but was blocked by a Federal Judge in May. This bill would make it a Class C felony, punishable by up to 10 years in prison and a fine of up to $15,000, for doctors to perform gender altering treatments and surgeries to “minors” (defined as anyone under 19) within Alabama.
The bill bars doctors from performing castrations, vasectomies, hysterectomies, prescribe super ordinary hormone treatments, or prescribe puberty blockers to any individuals who are not adults even with parental permission.
This year, Alabama became the third state to ban or otherwise restrict gender-affirming care for trans youth. Arkansas was first with the aforementioned SAFE Act. Arizona passed SB 1138 in March of this year, it is set to go into effect in March of 2023. This bill was the 10th most read bill this year, read 7,045 times. SB 1138 requires people to be over the age of 18 before getting “irreversible gender reassignment surgery.” Governor Ducey wrote a letter about the bill and stated, "S.B. 1138 delays any irreversible gender reassignment surgery until the age of 18. The reason is simple, and common sense – this is a decision that will dramatically affect the rest of an individual’s life, including the ability of that individual to become a biological parent later in life."
#10: Arizona Parents' Bill of Rights
Last on the list is AZ HB2161 read 6,429 times this year. This bill was introduced in January 2022 this year and signed the end of April and expands upon a "Parents' Bill of Rights" passed in 2010. The bill allows parents to sue any government entity or official that "interferes with or usurps the fundamental right of parents to direct the upbringing, education, health care and mental health of their children.”
This bill also dictates that parents have access to all records concerning their child, requiring teachers and school counselors to tell a student’s parents anything the child discloses in confidence, including anything relevant to their physical, emotional, or mental health. The bill also requires schools to allow access to all educational records and to a counselor’s notes. The bill would also give parents access to a list of books and materials their children check out.
The rights outlined in the bill are:
- The right to direct the education of the minor child.
- All rights of parents identified in title 15, including the right to access and review all records relating to the minor child.
- The right to direct the upbringing of the minor child.
- The right to direct the moral or religious training of the minor child.
- The right to make all health care decisions for the minor child, including rights pursuant to sections 15-873, 36-2271 and 36-2272, unless otherwise prohibited by law.
- The right to request, access and review all written and electronic medical records of the minor child unless otherwise prohibited by law or unless the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released.
- The right to consent in writing before a biometric scan of the minor child is made pursuant to section 15-109.
- The right to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, except as required by section 36-694, or before any genetic testing is conducted on the minor child pursuant to section 12-2803 unless authorized pursuant to section 13-610 or a court order.
- The right to consent in writing before the this state or any of its political subdivisions makes a video or voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceeding, by law enforcement officers during or as part of a law enforcement investigation
- The right to be notified promptly if an employee of this state, any political subdivision of this state, any other governmental entity or any other institution suspects that a criminal offense has been committed against the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of notifying the parent would impede a law enforcement or child safety services investigation. This paragraph does not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that is routinely addressed as a student disciplinary matter by the school.
- The right to obtain information about a child safety services investigation involving the parent
2022 was an interesting ride. What kinds of legislative trends do you think we'll see in 2023?
Cover Photo by Clay Banks on Unsplash