On June 29, Florida Governor Ron Desantis signed a bill (SB 170) that would require local governments to suspend enforcement of ordinances when legally challenged. Many environmentalists are concerned about this bill because it could limit local governments from addressing issues such as water quality or climate change.

According to the Human Rights Campaign, the sprawling preemptive bill could also be detrimental to minorities and the LGBTQ+ community because it could discourage “cities from passing non-discrimination ordinances by raising the barriers to proposing ordinances and making it easier for individuals and businesses to challenge ordinances in court.”

Earlier this year Texas passed a massive preemption bill being called the “Death Star Bill,” which blocks local governments from regulating in eight different areas, including labor, safety, finance and predatory lending, and the environment. This bill will go into effect September 1, 2023.

These are some of the most comprehensive preemption bills the United States has seen over the past year, but they are far from the only ones.

Arkansas this past legislative session passed Act 96, undercutting the ability of local governments to set tax and budget policies that work in their local communities. While most of Arkansas’s preemption bills failed, there is growing concern nationwide as many other states successfully pass legislation usurping local control.

Earlier in June, the U.S. Conference of Mayors condemned the undermining of city authority by state preemption laws. Stating that “many these actions are directed squarely at the diverse population of our cities…” The state of Mississippi passed legislation expanding state control over local policing and criminal court matters in Jackson – a city with the highest percentage of Black residents of any major U.S. city.

The Local Solutions Support Center reports more than 650 pre-emption bills in state legislatures this year.

The following is not by any means an exhaustive list, below are some of the most prolific areas of preemption: 

In Public Health policy:

• 9 states prohibited nutrition measures like calorie count displays
• 43 states preempted local pesticide regulation
• 19 states prohibited local mask or vaccine requirements;
• 14 states now limit local public health authority to issue emergency orders

In Housing:

• 31 states preempted local action regarding rent regulation and rent control
• 10 states preempted local action regarding restrictions on short-term rentals

Arkansas had a host of housing pre-emption bills this year, including HJR1002, an amendment to the constitution that would allow the legislature to eliminate property taxes in Arkansas. And SB197 which would have taken away the ability of local decision-makers to set housing and rental policies that work best in their communities. Both of these measures failed.

In Workplace Protections:

• 27 states barred local minimum wage requirements
• 23 states barred local laws that would require paid sick, family or medical leave
• 9 states preempted local fair scheduling laws

Arkansas Advocates for Children and Families will continue to keep you updated on preemption as it continues to be an issue of growing concern around the nation. If you’re interested in being more involved on this issue please email Governmental Affairs Director, Val Habrock at VHabrock@aradvocates.org