A bill pending in the Oklahoma Legislature would prevent local communities from banning or taxing plastic bags, cups or straws used in retail or fast-food businesses.
Senate Bill 1001 pits the interests of pro-environment local governments against businesses, and the retailers are winning. The Senate passed the proposal 35-9 last week. The measure is currently pending in the state House.
The most important question to ask about any legislative proposal is almost always the same: Why? If a bill can’t pass that test, it’s a mistake.
In this case, the explanation is that retailers need a uniform playing field from border to border. A patchwork of taxes and rules is bad for business. Bags taxed in Tulsa! Straws banned in Muskogee! Chaos!
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That’s not very convincing. Oklahoma already has hundreds of sales-tax rates from city to city, and it doesn’t seem to be inhibiting anyone’s commerce. Would a few bag taxes really increase the confusion level?
One city in Oklahoma, Norman, is considering a 5-cent fee on single-use plastic and paper bags, and at least 349 cities, counties and states across the nation have taken similar steps, but, frankly, we don’t think many other places in our state will go for local eco-regulation. If they want to, however, that ought to be their option.
Incoming Norman Mayor Breea Clark calls the proposed pre-emption law a gross example of governmental overreach, and we agree.
The argument that it creates a confusing marketplace for retailers doesn’t hold water and certainly doesn’t override the more important belief in local control: Without a compelling reason, the state should leave local governments free to respond to the desires of their constituents.
There are areas where state pre-emption makes sense to us — the unified state minimum wage comes to mind — but banning taxes and restrictions on single-use plactics is unnecessary legislative micromanagement and the wrong policy for Oklahoma.






