Tracking Abuse of Preemption Legislation in the States: February 15, 2022
During the 2022 state legislative session Local Solutions Support Center (LSSC) will publish a weekly digest summarizing notable abusive preemption bills and their progress through session. These reports are authored by PHCollaborative and the Public Rights Project. An archive of our previous updates is here.
If you would like additional information on these bills or if you would like to discuss potential opportunities for tracking collaboration, please contact tracking@supportdemocracy.org.
(1) Tracking Weekly Round-Up
LSSC is continuing to meet with its external, subject matter experts to identify tracking collaboration opportunities. We have completed initial discussions with experts in public health, environmental justice, LGBTQ+ advocacy, and workers rights, amongst others. As discussed immediately above, please contact the LSSC tracking team if your organization would be interested in holding a similar conversation.
LSSC is moving to an automated bill tracking service that will strengthen its ability to respond to technical assistance requests and issue reports on preemption trends. LSSC aims to be completely moved over to an automated bill tracking service by the end of the 2022 session.
(2) Current Trends
Trend 1: Local Public Health Authority Preemption
MO SJR47: Would prohibit the passage or implementation of any law, order, ordinance, regulation or public policy of the state or any political subdivision of the state that infringes upon the unquestionable right of individuals to refuse any medical procedure or treatment, including, but not limited to, injections, vaccines, or prophylactics. This proposed constitutional amendment had its first reading. See text here.
TN HB1871: Would prohibit governmental entities, local education agencies, schools, and private businesses from adopting or enforcing laws, rules, or practices that fail to recognize natural immunity as providing a level of immune protection that is at least as protective as a COVID-19 vaccine or treat individuals with natural immunity differently than individuals who have received the COVID-19 vaccine. This bill is in committee. See bill here.
OK SB1095: Would prohibit any state entity, political subdivision, private entity, or hospital from requiring the receipt of the vaccine for SARS-CoV-2 or COVID-19 for any reason, including as a condition of employment, professional licensure, certification, admittance to any place of business or entertainment or access to any mode of transportation. This bill is in committee. See bill here.
Trend 2: LGBTQ+ and inclusive education policies preemption
GA SB435: Would prohibit GA public school students or teams from competing against a GA public school that permits transgender students to participate in athletic programs. This bill is in the Senate for the second read. See bill here.
TN SB1216: Would prohibit the state textbook and instructional materials quality commission from recommending or listing, the state board of education from approving for local adoption or from granting a waiver for, and local education authorities and public charter schools from adopting or using textbooks and instructional materials or supplemental instructional materials that acknowledge lesbian, gay, bisexual, or transgender issues. See bill here.
AZ HB2281: Would establish that all parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution. This bill is currently introduced. See bill here.
(3) Other Notable Updates
Beyond the trends outlined above, other noteworthy proposed bills include:
Gun Safety – TN HB2521: Would revise various provisions governing the prohibition or restriction of weapons at meetings or on property owned by a private or government entity, including eliminating the prohibitions a local government can place on possession of a handgun in certain locations such as libraries, child care agencies, buildings containing a law enforcement agency, and facilities that administer a Head Start program; removes the limitation of the concealed carry restriction to only persons with an enhanced handgun carry permit; makes other related changes. This bill is in committee. See bill here.
General Preemption – FL SB620: Would authorize certain businesses to claim business damages from a county or municipality if the county or municipality enacts or amends certain ordinances or charter provisions; limit the amount of business damages that may be recovered; specify ordinances and charter provisions that do not result in liability for business damages; require businesses and counties or municipalities to follow certain pre-suit procedures before businesses file an action for business damages, etc. This bill has crossed over. See bill here.
Minimum Wage – FL SB1124: Would revise prohibitions relating to political subdivisions enacting, maintaining, or enforcing wage mandates in an amount greater than the state or federal minimum wage; would specify that any wage mandate that conflicts with such prohibitions is void, etc. This bill is in committee. See bill here.