Tracking Abuse of Preemption Legislation in the States: February 3, 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.
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 now underway in four of LSSC’s six core states: Arizona, Florida, Pennsylvania, and Tennessee (North Carolina began its session on February 3 and Texas is not currently in session). LSSC is continuing to work with its local state partners to track and report on abusive preemption bills. We are currently tracking 98 bills in these four states and anticipate that this number will only grow as session continues.
Additionally, we are tracking key preemption bill developments across other state legislatures. We anticipate that these bills will address similar areas as those discussed below, including bills that preempt local efforts to implement criminal justice reform, race conscious education, and public health response efforts.
(2) Updates and Trends in Our Top States
Even this early in the session, the legislative session will be dominated by several recurring trends. These trends are identified immediately below. We anticipate that we will expand this list of trends and example pieces of legislation as the session progresses. The legislation included with each trend below is intended to provide specific examples of the kinds of bills, policies, and approaches we are observing, but is not intended to be an exhaustive list.
Trend 1: Local public health authority preemption
MO HB 1543: Would prohibit places of public accommodation from requiring vaccination against COVID-19 to access services. It is currently in committee.
AZ SB 1245: Would establish that the regulation of the sale and marketing of alternative nicotine products, tobacco products, and vapor products is a matter of statewide concern and is not subject to further regulation by city, town, or county in the state. It is currently in committee.
Trend 2: Criminal justice reform preemption
PA HB 2243: Would require municipalities that reduce or eliminate their police services pay the state government an amount equal to the reduction or elimination. It is currently in committee.
Trend 3: Race conscious education preemption
FL HB 57: Would prohibit state agencies, counties, municipalities, and public K-20 educational institutions from providing mandatory training for employees or students which espouses certain “divisive concepts”, including the concept of unconscious bias or that a meritocracy may have racist undertones. It is currently in committee.
(3) Other Noteworthy Developments
Beyond the trends outlined above, other noteworthy proposed bills include:
FL SB 1842: Would require school districts or schools within a district to notify and request the written consent of parents and guardians before the teaching of reproductive health or any sexually transmitted disease; prohibiting schools from allowing students to be exposed to such teaching without the written consent of their parents or guardians; prohibiting a student whose parent or guardian does not give such written consent from being penalized, etc. It is currently in committee.
AZ HB 2009: Would require that the state attorney general investigate any ordinance, regulation, order or other official action adopted or taken by the governing body or governing board of a county, city, or town, school district or charter school or any written policy, written rule or written regulation adopted by any agency that allegedly violated any provision of state law or the Constitution of Arizona. If a violation is found, the state treasurer may withhold state funding from the local jurisdiction or the secretary of education may withhold funds from the school district or charter school. It is currently in committee.
MO SB 776: Would create a “Parents’ Bill of Rights,” under which no school district shall deny to the parent or guardian of a minor child certain rights. Such rights includes the ability to fully review the curricula, books, and other educational materials used by the school attended by their child as well as the ability to access information on teachers, guest lecturers, and outside presenters who engage with students at the school. It is currently in committee.