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City Rights in an Era of Preemption: New Report from National League of Cities
NLC & State Municipal League Report Examines Preemption in Seven Critical Policy Areas
National League of Cities (NLC) in partnership with the state municipal leagues released a new report
entitled, "City Rights in an Era of Preemption." The report examines the prevalence of state
preemption across the country in seven key policy areas: minimum wage, paid leave, anti-discrimination, home sharing, ride sharing, municipal broadband,
and tax and expenditure limitations (TELs).
"Preemption efforts - where state law nullifies a municipal ordinance or authority - lead to a loss of local control and can have far-reaching economic
and social impacts in our communities," said NLC's CEO and Executive Director Clarence E. Anthony. "Local leaders should be empowered to
adapt policies to meet the needs of their residents, ensuring cities have the tools they need to build stronger economies, promote innovation and move
the country forward."
In recent years, the report finds that state legislatures have gotten more aggressive with preemption efforts. Preemption bills often concern politically
divisive issues and rely on single party dominance to pass through state legislatures. As of the 2016 election cycle, Republicans have 25 government
trifectas, meaning they control both legislative chambers and the governor's office, while Democrats have trifectas in six states and control a larger
portion of city halls.
States can preempt cities from legislating on issues either by statutory or constitutional law, and in some cases, court rulings.
The report finds:
- 24 states preempt local minimum wage ordinances
- 17 states preempt local paid leave ordinances
- 3 states explicitly preempt local anti-discrimination ordinances
- 37 states limit local authority to regulate ride sharing
- 3 states limit local authority to regulate home sharing
- 17 states preempt localities from establishing municipal broadband service
- 42 states limit local fiscal authority through tax and expenditure limitations (TELs)
"Our research points to the complex, and sometimes tenuous, relationship between cities and state legislatures," said NLC's Senior
Executive and Director of the Center for City Solutions and report co-author Brooks Rainwater "People who live in cities want control
over their own destinies and when states seek blanket policies that run counter to the values of its municipalities, local leaders do not stand
down. We see many instances where state-level politicians work to usurp 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."
NLC recommends that cities facing preemption challenges should engage in active communication with their state legislatures, choose preemption
battles wisely, and address the preemption narrative directly.
Click here for the full report.
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League of Arizona Cities and Towns
1820 W. Washington St.
Phoenix, AZ 85007
Phone: 602-258-5786
Fax: 602-253-3874
http://www.azleague.org
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