Tracking Abuse of Preemption Legislation in the States: April 5, 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 1: Education-Related Bills
GA HB 1178 (Education): Prevents certain rights of parents related to their child from so-called “undue infringement” by a state or local government entity, local board of education or other governing body, or any officer, employee, or agent thereof. This bill has been passed by both the state house and state senate and sent to the governor for signature. See bill here.
MO SB 657 (Education): Would establish procedures for recall elections for school board members. This bill has moved out of committee and is scheduled for a senate vote. See bill here.
MO SB 781 (Education and LGBTQ+ Athletics): Would block state funding to middle or high schools that allow transgender women to participate on women’s sports. See bill here.
Trend 2: Local Public Health Authority
MO SB 1203 (Public Health Authority): Would only allow local governing bodies to issue certain pandemic response local public health orders, rather than local public health authorities. However, would only allow local governing bodies to issue such orders after receiving approval from the governor and the state department of health. This bill is in committee. See bill here.
GA SB 514 (Public Health Authority): Prohibits local boards of education from issuing mask mandates. The bill was signed and enacted by the governor on 03/29/2022. See bill here.
(2) Other Noteworthy Preemption Developments
MO SB 678 (Law Enforcement Funding): Would require Kansas City to provide 25% of its general revenue per fiscal year to fund the Kansas City Board of Police. This bill has passed the state senate and been sent to the state assembly. See bill here.
MO SB 1227 (Immigration): Would fine any municipality that enacts or adopts an immigration sanctuary policy $25,500 for each day on which the municipality has such sanctuary policy in effect. This bill is in committee. See bill here.
MO SBSB 1158 (Smoking Regulation): Would preempt any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision of the state regulating the sale of tobacco products, alternative nicotine products, or vapor products. This bill is in committee. See bill here.