Tracking Abuse of Preemption Legislation in the States: February 23, 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
The legislative session is underway in five of LSSC’s six core states: Arizona, Florida, North Carolina, Pennsylvania, and Tennessee. LSSC is continuing to work with its local state partners to track and report on abusive preemption bills. We are currently tracking just over two hundred (200) bills in these five states.
(2) Current Trends
Major Trend: Gun Safety Preemption
OK HB3104 (Firearms): Would confirm that the state legislature preempts the legislation field as related to firearm and ammunition components. The bill was introduced. See bill here.
OK HB2984 (Firearms): Would prohibit state officers or employees for a state subdivision (e.g., cities and counties) from enforcing any federal ban or regulation on firearms, firearm accessories, or ammunition. The bill is in committee. See bill here.
OK HB3104 (Firearms): Would permit a court to award civil damages from a municipality, agency or political subdivision to a person whose rights to carry a firearm have been violated due to an order, policy, ordinance, or other regulation promulgated or enforced by that municipality, agency, or other political subdivision. The bill was introduced. See bill here.
(3) Other Notable Updates
FL HB1557 (“Don’t Say Gay Bill”): Would prohibit classroom discussion about sexual orientation or gender identity in certain grade levels; would authorize a parent to bring action against a school district to enforce this prohibition by obtaining declaratory judgment and additional awards of injunctive relief, damages, and reasonable attorney fees and court costs. This bill is being scheduled for a House vote. See bill here.
FL HB943 (Minimum Wage): Would prohibit local governments from enacting, maintaining, or enforcing wage mandates in an amount greater than the state minimum wage rate. The bill is in committee. See bill here.
MO HB2695 (Broadband): Would prohibit political subdivisions from using federal funds for the construction of retail broadband internet infrastructure in certain circumstances. This bill was introduced. See bill here.
FL HB403 (General Preemption of Local Ordinances): Would require local governments to suspend the enforcement of certain ordinances that are subject to certain legal challenge. If the challenger prevailed, would authorize courts to award reasonable attorney fees and costs and damages from local governments. This bill is in committee. See bill here.