This Week in the States

For the Week of March 18, 2024

View our legislative session calendar here.     

  • In session or committee meetings: Blue
  • Upcoming or in special session: Red
  • Adjourned or in recess: Grey 

Also meeting: DISTRICT OF COLUMBIA, PUERTO RICO, GUAM, NORTH MARIANA ISLANDS and UNITED STATES VIRGIN ISLANDS. 

Issue Spotlight: Psilocybin, MDMA, and Therapeutic Psychedelics

Every Monday, Stateside staff highlights a notable issue from the past week. This week, we explore states' efforts to establish legislative frameworks for the medicinal use of psilocybin, methylenedioxymethamphetamine (MDMA), and other psychedelic drugs. 

Indiana's HB 1259, signed by Governor Eric Holcomb (R) on March 13, establishes a therapeutic psilocybin research fund. This fund supports qualified research institutions in conducting clinical studies on psilocybin's potential as an alternative treatment for mental health conditions such as PTSD, anxiety, depression, chronic pain, or migraines.

Similarly, Utah's SB 266 awaits approval from Governor Spencer Cox (R). If signed, the bill allows qualified in-state healthcare systems to develop a behavioral health treatment program utilizing FDA Phase 3 tested forms of psilocybin or MDMA for investigational drug use. Governor Cox's decision is due by March 21.

Increased media and clinical attention on psychedelic drugs for mental health treatment follows the FDA's June 2023 draft guidance on clinical trials with psychedelics and a Phase 3 clinical trial examining MDMA-assisted psychotherapy's effectiveness in treating PTSD.

Maryland's HB 548, passing the House by a vote of 136-1, establishes a task force on the responsible use of natural psychedelic substances. Similar measures in Arizona, Alaska, and Vermont received legislative action last week, with potential further action this week (VT Senate Bill 114's hearing is anticipated upon the agenda's release). 

Though not actively advancing, California's SB 1012 could have a significant impact.

For updates or insights on state oversight of medicinal psychedelics, please contact Matthew Lidz.

STATE AND LOCAL HIGHLIGHTS 

STATE AND LOCAL LEGISLATURES MEETING THIS WEEK:

ALASKA

The House State Affairs Committee will hold a hearing on March 19 regarding HB 306. This measure requires state agencies in Alaska to conduct regular inventories and impact assessments of systems employing artificial intelligence (AI) for consequential decisions, ensuring these systems are managed responsibly and transparently. State agencies are obligated to notify individuals affected by AI systems, obtain consent for using sensitive personal data, provide an appeals process involving human review, and meet specific security requirements. The measure also prohibits the use of AI systems in certain areas, such as biometric identification and social scoring, and restricts the use of data hosted in countries deemed a risk to data security.

Contact: Alex Aceto

 

The House Health and Social Services Committee will hold a hearing on March 19 regarding HB 344. This measure directs the state to apply for a Medicaid 1115 waiver to cover the "health-related needs," of Medicaid recipients. It includes social or economic conditions such as nutrition and food security, workforce development, transportation, temporary housing, or case management within health-related needs.

Contact: Dylan Hughes

 

The House Judiciary Committee will hold a hearing on March 20 and 22 regarding HB 358. This measure provides that a person may not use artificial intelligence to create or alter a voice representation or likeness representation with the intent to cause harm.

Contact: Alex Aceto

 

CALIFORNIA

The Assembly Natural Resources Committee will hold a hearing on March 19 regarding AB 2236. This measure, beginning January 1, 2026, revises the single-use carryout bag exception to include a bag used solely to contain or wrap specified uncooked foods and other specified items to avoid contamination, prevent damage from moisture, or for sanitary, public health, or environmental protection purposes. 

Contact: Stephanie Obieroma

 

The Senate Committee on Health will hold a hearing on March 20 regarding SB 1120. A health care service plan requires a licensed physician to supervise the use of artificial intelligence decision-making tools when those tools are used to make decisions to approve, modify, or deny authorization requests for a health care service. This applies to decisions made either before the service is provided or during the service. 

Contact: Allison Collins

 

GEORGIA

The Senate Science and Technology Committee will hold a hearing on March 18 regarding the following. For more information on these measures, contact Alex Aceto.

  • SR 476: This measure creates the Senate Study Committee on Artificial Intelligence to undertake a study of the conditions, needs, issues, and problems surrounding AI, such as potential misuse or unintended consequences of AI, as well as the displacement of jobs,  and recommend any action or legislation which the committee deems necessary or appropriate.
    Contact: Alex Aceto
     
  • HB 988: This measure requires the Georgia Technology Authority, to perform an annual inventory of artificial intelligence usage by state agencies.
    Contact: Alex Aceto

 

HAWAII

The Joint Senate Committee on Government Operations and Committee on Energy, Economic Development, and Tourism will hold a hearing on March 19 regarding HB 1829. This measure requires that all new state building construction that includes parking provide that at least 25% of parking stalls be electric vehicle charger-ready.

Contact: Maxwell Klein

 

The Senate Committee on Public Safety and Intergovernmental and Military Affairs will hold a hearing on March 20 regarding SCR 95. This measure encourages the United States Congress to pass the NO FAKES Act and the No AI FRAUD Act to safeguard artists and individuals against artificial intelligence technology.

Contact: Alex Aceto

 

IDAHO

The Senate Health & Welfare Committee will hold a hearing on March 18 regarding HB 398. This measure requires legislative approval of any Medicaid state plan amendment or waiver submissions.

Contact: Dylan Hughes

 

ILLINOIS

The House Energy & Environment Committee will hold a hearing on March 20 regarding the following: 

  • HB 5042: This measure amends the Illinois PFAS Reduction Act and mandates that manufacturers of products containing intentionally added PFAS (per- and polyfluoroalkyl substances) provide detailed information to the Environmental Protection Agency (EPA) by January 1, 2026. This information includes product descriptions, PFAS purposes, quantities (with chemical abstracts service registry numbers), and manufacturer contact details. Manufacturers can report on product categories instead of individual items, with required updates for new products or significant information changes. Failure to comply results in sales restrictions within the state.
    Contact: Stephanie Obieroma
     
  • HB 4860: This measure prohibits state agencies and local governments from restricting the use or sale of motor vehicles based on their energy source. It also amends the Illinois Vehicle Code to prevent the Environmental Protection Agency and the Illinois Pollution Control Board from adopting California's motor vehicle emissions standards--established under a waiver from the federal Clean Air Act.
    Contact: Maxwell Klein
     
  • HB 4196: This measure requires that a Fleet Electrification Incentive Program be established to provide a fleet owner and operator in the State grants to promote the use of eligible electric vehicles. The program shall offer increased grant incentives of an additional 15% of the base amount for the purchase of vehicles that will be located within an equity investment-eligible community and 65% of the base amount for the purchase of a school bus that will serve a public district.
    Contact: Maxwell Klein

 

The House Health Care Availability & Accessibility Committee will hold a hearing on March 20 regarding HB 4472. This measure establishes the Health Care Availability and Access Board. The purpose of the Board is to protect State residents, State and local governments, commercial health plans, health care providers, pharmacies licensed in the State, and other stakeholders within the health care system from the high costs of prescription drug products.

Contact: Erin Fitzpatrick

 

The House Finance Committee will hold a work session on March 20 regarding HB 1649. Beginning on July 1, 2028, the following PFAS-added consumer products are prohibited from being offered for final sale or use or distributed for promotional purposes in the state: (1) Carpets or rugs,  (2) cosmetics,  (3) textile treatments,  (4) feminine hygiene products, (5) food packaging and containers, (6) juvenile products, (7) personal protective equipment, (8) upholstered furniture and (9) textile furnishings.

Contact: Stephanie Obieroma

 

The House Judiciary - Civil Committee will hold a hearing on March 21 regarding HB 5321. This measure amends the Consumer Fraud and Deceptive Business Practices Act by requiring that each generative artificial intelligence system and artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated content, includes on the AI-generated content a clear and conspicuous disclosure that satisfies specified criteria.

Contact: Alex Aceto

 

The House Cybersecurity, Data Analytics, & IT Committee will hold a hearing on March 22 regarding HB 4836. This measure requires all State agency artificial intelligence systems or State-funded artificial intelligence systems to follow the trustworthiness, equity, and transparency standards framework. This framework has been established by the National Institute for Standards and Technology and is known as the AI Risk Management Framework. The measure requires all agencies to adopt and implement such framework standards no later than one year after the effective date. 

Contact: Alex Aceto

 

KANSAS

The Overland Park Mayor and Council will consider the adoption of the Electric Vehicle Readiness Plan on March 18. The EV Readiness Plan contains information on current electric vehicle initiatives and recommendations for how to transition the City’s fleet and install the charging infrastructure necessary to support an electric fleet. The plan also contains recommendations for engaging the community, utility coordination, seeking funding opportunities, and internal implementation. 

Contact: Stephanie Rojo

 

LOUISIANA

The House Ways and Means Committee will hold a hearing on March 18 regarding HB 403. This measure exempts infused, injected, or topical prescription drugs that treat ocular inflammation and pain following ophthalmic surgery from local sales and use taxes.

Contact: Dylan Hughes

 

The House Transportation, Highways, and Public Works Committee will hold a hearing on March 19 regarding HB 341. This measure prohibits state agencies or political subdivisions from adopting measures that restrict the use, sale, or lease of motor vehicles based on their energy source. This measure does not prohibit state agencies or political subdivisions' power to regulate engines, as long as the regulations do not stop or restrict the use, sale, or lease of engines, or preempt state or federal law.

Contact: Maxwell Klein

 

The House Appropriations Committee will hold a hearing on March 19 regarding HB 201. This measure prohibits the total number of all-electric vehicles in the vehicle fleet exceeding 3% of the total vehicle fleet. Neighborhood electric vehicles shall not be counted toward the cap or the vehicle fleet total.

Contact: Maxwell Klein

 

MAINE

The Joint Committee on Environment and Natural Resources will hold a hearing on March 18 regarding LD 1960. This measure extends the deadline by which manufacturers of products containing perfluoroalkyl and polyfluoroalkyl substances are required to submit to the Department of Environmental Protection certain information about those products.

Contact: Toni McMillian

 

The Joint Veterans and Legal Affairs Committee will hold a work session on March 20 regarding LD 1914. This measure permits qualified individuals over 21 to receive medicinal psilocybin and creates the Maine Psilocybin Advisory Board.

Contact: Matthew Lidz

 

MINNESOTA

The House Human Services Policy Committee will hold a hearing on March 18 and 20 regarding HF 4392. This measure prohibits an employer, on or after August 1, 2026, from hiring a new employee with a disability, or, on or after August 1, 2028, paying an employee with a disability at a wage less than the applicable minimum wage, regardless of whether the employer has a special certificate from the United State Department of Labor.

Contact: Robbie Adhikari

 

The House Judiciary Finance and Civil Law Committee will hold a hearing on March 19 regarding HF 3577. This measure requires a producer to implement and finance a statewide stewardship program for packaging and paper products that encourages packaging redesign to reduce the environmental impacts and human health impacts as well as the generation of waste through reduction, reuse, recycling, and composting. The program must also provide for the negotiation and execution of agreements to collect, transport, and process used covered materials for reuse, recycling, and composting.

Contact: Stephanie Obieroma

 

NEW HAMPSHIRE

The House Election Law Committee will hold an executive session on March 19 regarding HB 1596. This measure requires the disclosure of deceptive synthetic media and deceptive and fraudulent deep fake usage in political advertising.

Contact: Alex Aceto

 

The House Executive Departments and Administration Committee will hold an executive session on March 20 regarding HB 1688. This measure prohibits state agencies from using artificial intelligence to manipulate, discriminate, or surveil members of the public.

Contact: Alex Aceto

 

NORTH CAROLINA

The Buncombe County Planning Board will hold a public listening session on March 18 regarding proposed amendments to the county's short-term rental regulations. The measure would modify development standards and prohibitions for new STRs in unincorporated areas of the county. Amendments align with the first phase of the county’s 2043 Comprehensive Plan aiming to increase the number of affordable ownership and rental units. 

Contact: Stephanie Rojo

 

RHODE ISLAND

The House Health and Human Services Committee will hold a hearing on March 19 regarding the following:

  • HB 7877: This measure requires all health insurance contracts, plans, or policies; nonprofit hospital service contracts, plans, or insurance policies; nonprofit medical service contracts, plans, or insurance policies; and any health maintenance organization service contract plan or policy to provide insurance coverage for the diagnosis and treatment infertility, including preimplantation genetic testing (PGT) in conjunction with in vitro fertilization (IVF).
    Contact: Olivia O'Donnell
     
  • HB 7365: This measure bans health insurers and PBMs from refusing to authorize, approve, or pay participating providers for providing covered clinician-administered drugs to enrollees.
    Contact: Matthew Lidz

The Senate Environment and Agriculture Committee will hold a hearing on March 19 regarding SB 2152. The measure states on and after January 1, 2027, no person may manufacture, sell, or offer for sale in the state any covered product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.

Contact: Stephanie Obieroma

 

TENNESSEE

The Senate Health and Welfare Committee will hold a hearing on March 19 regarding the following:

  • SB 2450: This measure authorizes the governor to negotiate with CMS to expand Medicaid as authorized in the Affordable Care Act. It requires the governor to emphasize increasing resources and healthcare in rural and marginalized communities in the state.
    Contact: Dylan Hughes
     
  • SB 2419: This measure requires Medicaid to consider a patient's overall condition when making a coverage determination. This provides an exception to the general expectation of providing the least costly treatment or diagnosis. Overall condition considerations include movement ability, awareness and communication ability, need for nursing supervision, and need for life-sustaining equipment.
    Contact: Dylan Hughes
     
  • SB 2139: The measure requires the state to authorize certain pharmacies to receive specialty medication for inspection and restock and re-dispense unopened, unused, and unexpired specialty medication.
    Contact: Matthew Lidz

 

The Business & Utilities Subcommittee of the House Commerce Committee will hold a hearing on March 19 regarding the following. For more information on these measures, contact Alex Aceto.

  • HB 2823: This measure requires the Tennessee Advisory Commission on Intergovernmental Relations to conduct a study on how other states and other nations are approaching the regulation of artificial intelligence.
  • HB 2707: This measure requires a person to include a disclosure on certain content generated by artificial intelligence that the content was generated using artificial intelligence.
     
  • HB 2340: This measure makes it a violation under the Tennessee Consumer Protection Act for a person or entity that alters the appearance, action, or speech of an individual through the use of synthetic media in a communication that is knowingly distributed publicly with the intent to malign, slander, defame, or otherwise intentionally mislead the public and damage the reputation of the individual.
  • HB 682: This measure designates social media platforms as common carriers. The measure requires social media platforms to register with the state. The measure prohibits de-platforming and shadowbanning. The measure provides for enforcement by the Public Utilities Commission and provides for a private right of action.

 

The Senate State and Local Government Committee will hold a hearing on March 19 regarding SB 2461. This measure requires each department of the executive branch to develop a plan to prevent the malicious and unlawful use of artificial intelligence.

Contact: Alex Aceto

 

The Nashville Metropolitan Council will meet on March 19 to consider the resolution requesting the Metropolitan Planning Department, Metropolitan Department of Codes and Building Safety, Historic Preservation Offices, Metro Water Services, and Nashville Department of Transportation and Multimodal Infrastructure to conduct the necessary technical studies, as determined by the departments, to provide a comprehensive analysis of recommended changes to the Metropolitan Code of Laws that would increase allowable density in Nashville and Davidson County and make recommendations regarding land use policy which incorporates affordable and workforce housing strategies that can be supported by existing and planned infrastructure.  

Contact: Stephanie Rojo

 

The House Health Committee will hold a hearing on March 20 regarding HB 2897. This measure permits a pharmacist to inform a customer about the lowest available cost of the prescription drug, including a generic alternative, under a prescription discount or rebate plan, program, or card, or through a different manufacturer, or compounded.

Contact: Erin Fitzpatrick


INFRASTRUCTURE FUNDING AND POLICY HIGHLIGHTS

For weekly updates on funding, policies, programs, and deployment related to infrastructure, click here.

 

GROUPS

 

National Emergency Management Association (NEMA)

Mid-Year Forum

Washington, DC

March 17-21

Contact: Meghan Holihan

 

National Hispanic Caucus of State Legislators (NHCSL)

Spring Executive Committee and BBA Meeting

March 22-24

Atlanta, GA

Contact: Johnathan Lozier