Tracking Abuse of Preemption Legislation in the States: March 8, 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) Tracking Weekly Round-Up
The legislative session is now formally 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 nearly three hundred (300) bills in these five states.
Additionally, we are tracking key bill developments in the other 45 state legislative sessions. We anticipate that this number will grow significantly as we continue to build out our relationships with external tracking partners. We anticipate that these bills will address similar areas as those described below, including elections/voting rights, abortion, and vaccines.
(2) Updates and Trends in Our Top States
Trend 1: Education
GA SB449 (Education): Would create a “Parent’s Bill of Rights” that requires local governments and schools to provide certain records and allow parents to exercise certain controls over this child. This bill passed the state senate and is now being considered by the house. See bill here.
GA SB435 (LGBTQ+ Athletics): Would require schools to require student athletes to participate in school sports based on their biological sex indicated on their birth certificate. If the school did not comply with this requirement, authorizes other parents or students a private right of action against the school. This bill passed the state senate and is now being considered by the house. See bill here.
Trend 2: Public Health
GA SB514 (Education and pandemic response): Would prohibit local school boards from requiring a student to wear a face mask/ covering while present on school property. Would also prohibit schools from punishing any students who did not comply with a mask mandate. This bill passed the state senate and is now being considered by the house. See bill here.
TN HB1871/SB1982 (Anti-vaccine): 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. The bill is in committee. See bill here.
TN HB1960/SB1884 (Anti-vaccine repeal): Would repeal a previous anti-vaccine mandate, which currently prohibits COVID-19 vaccine mandates by governmental entities, schools, and local education agencies. The bill is in committee. See bill here.
(3) Other Noteworthy Preemption Legislation:
FL H0403 (Local Ordinances Generally): Would authorize courts to award reasonable attorney fees and costs and damages in certain civil actions filed against local governments; would require boards of local governments to prepare business impact estimate before enactment of ordinance; would require local government to suspend enforcement of ordinance that is subject of certain legal action if certain conditions are met. This bill is in committee. See bill here.
MO H2855 (Law Enforcement Funding): Would prohibit the increase in the rate of property taxes in any municipality or political subdivision that decreases the amount of public funding available to one or more local law enforcement agencies operating within the municipality or political subdivision by more than five percent of the amount of public funding made available to such local law enforcement agency or agencies by the municipality or political subdivision for the most recent previous fiscal year. This bill was introduced. See bill here.
MO H 2858 (Home Inspections): Would prohibit local governments subdivisions from requiring a home inspection before the sale of residential property. The bill was introduced. See bill here.
AZ SB1376 (Environmental Regulation): Would prohibit local governments from prohibiting the use of certain refrigerants. This bill passed the state senate and is now being considered by the house. See bill here.