Tuesday, April 27, 2021

From the National League of Cities: City Rights in an Era of Preemption: A State-by-State Analysis

A report from an interest group highlighting an issue of concern.

". . we are continuing to observe aggressive moves by state legislatures nationwide to usurp local authority. Ultimately, people who live in cities want control over their own destinies. But when states seek blanket policies that run counter to the values of its cities, local leaders do not stand down.

State-level politicians are actively working to overturn the will of people in cities—both through preemption and Dillon’s Rule provisions. As a result, the work of city leaders and the mandate of the people is undermined. Taking stock of the last year, it is abundantly clear that the overall uptick in preemption laws and the general antagonism toward local control by disconnected state lawmakers must stop
."

- Click here for the study.

It offers the following definition of preemption:

"Preemption is the use of state law to nullify a municipal ordinance or authority. State preemption can span many policy areas including environmental regulation, firearm use and labor laws. States can preempt cities from legislating on particular issues either by statutory or constitutional law. In some cases, court rulings have forced cities to roll back ordinances already in place."

It focuses on the following areas: 

- Minimum Wage
- Paid Leave
- Anti-Discrimination
- Ride Sharing
- Home Sharing
- Municipal Broadband
- Tax and Expenditure Limitations

It highlight Texas' attention to 
- Minimum Wage
- Ride Sharing
- Tax and Expenditure Limitations