Tracking Abuse of Preemption Legislation in the States: March 16, 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. An archive of our previous updates is here. Additional information on what abusive preemption is and how LSSC is working to combat it can be found here.
If you would like additional information on these bills or if you would like to discuss potential opportunities for tracking collaboration, please contact legal@supportdemocracy.org or tracking@supportdemocracy.org.
(1) Updates and Trends in Our Top States
Trend: Education
MO SB 647: Would allow a parent or guardian to file with the school board a formal objection to any school policy, practice, or procedure which applies to the parent, guardian, or his or her child, including instructional materials or methods not required by state law. This bill is in committee. See bill here.
OK SB 1470: Would allow a parent or guardian to file an action against a public school for occurrences when a public school allegedly promotes positions in opposition to closely held religious beliefs of the student. Would also declare a state of emergency around this issue. This bill is in committee. See bill here.
OK SB 615: Would require that schools and district superintendents approve and make available for public inspection certain materials related to sexual orientation and gender identity. Would also allow parents to object to these materials in writing. This bill passed the state senate and is currently before the state house. See bill here.
(2) Other Noteworthy Preemption
FL SB 518: Would limit the ability of local governments to require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property. This bill passed both the state house and state senate and is before the governor for signature. See bill here.
MO SB 697: Would preempt the entire field of legislation regarding in any way the control or regulation of specific breeds of dogs to the complete exclusion of any order, ordinance, policy, or
regulation by any village, town, city, including any home rule city, or county in this state. Accordingly, would prohibit villages, towns, cities, and counties from regulating dogs in a breed-specific manner. This bill is in committee. See bill here.
OK SB 1094: Would preempt any ordinance and regulation by any municipality, city, or town to infringe upon the rights of a United States citizen of the State of Oklahoma from flying the flag of the United States on their personal property. Would also declare a state of emergency around this issue. This bill is in committee. See bill here.