National
Preemption of Democracy by ALEC, its Corporate Funders, and Republican & Democratic Corporatists
The Huffington Post, 2/17/16
Corporate Interests Take Aim at Local Democracy
PR Watch, 2/3/16
The Center for Media and Democracy covers the current state of preemption of paid sick days & minimum wage, fracking, LGBTQ rights, plastic bag bans, sanctuary cities, & firearm super-preemption.
Federal law pre-empts California meat labeling/packaging law
Food Safety News, 2/16/16
California cannot enforce the “slack fill” label and packaging requirements of the state’s Business and Professional Code because the state law is preempted by the federal Meat Inspection Act and the federal Poultry Products Inspection Act.
The U.S. Court of Appeals for the 9th Circuit on Feb. 12 upheld the Aug. 19, 2013, decision by U.S. District Court Judge Lawrence J. O’Neill that “permanently enjoined and restrained” California officials from enforcing the slack fill requirements.
Benicia Blocks Oil-By-Rail Plan
East Bay Express, 2/12/16
The little town of Benicia is looking to become the next link in the chain barring crude oil from traveling by rail to the West Coast…the Benicia Planning Commission on Thursday unanimously rejected Valero refinery’s proposal to build a rail spur…
Bradley Hogin, a lawyer whom the city hired on contract to advise on this project, said federal law prevents local governments from interfering with railroads, a principle referred to as “preemption”… local governments are not permitted to take actions that “have the effect of governing or managing rail transport,” even indirectly. And they are not allowed to make decisions about a project based on impacts of rail shipping connected with that project.
“Hogin is making a case that would affect cities across the nation dealing with crude by rail,” said environmental activist Marilyn Bardet in an interview. “They were going to create a legal precedent on preemption here.”
Aviation Bill Harbors Pro-Trucking Reform
TruckingInfo, 2/7/16
Intended to keep states from preempting federal motor-carriage regulations, a proposal that that did not make it into the highway bill has resurfaced in reauthorization legislation for the Federal Aviation Administration, which has begun wending its way through Congress.
Proponents have been pushing hard for Congress to more directly address state preemption ever since a Supreme Court ruling last May upheld a California statute requiring a paid 10-minute rest break every four hours and a paid 30-minute meal period every five hours for truck drivers.
Aviation Innovation Reform & Reauthorization Act (AIRR)
Challenge to FCC Preemption of State Prohibition on Municipal Broadband to be Heard in March
Lexology, 2/3/16
The Sixth Circuit Court of Appeals has set oral argument for 9:00 a.m., Thursday, March 17, 2016 on the appeals brought by the States of Tennessee and North Carolina challenging the FCC’s order striking down provisions of those states’ laws that would otherwise prevent municipalities from providing broadband service. The court allotted 15 minutes per side, to be shared by the parties and the intervenors on both sides of the issue. The details of the order on review are available here and here.
Alabama
Committee approves bill blocking Alabama cities from raising minimum wage
WBMA; Local ABC affiliate, 2/11/16
HB 174 – This bill would establish the Alabama Uniform Minimum Wage and Right-to-Work Act. It would further specify Alabama’s status as a right-to-work state and prevent local governmental entities from requiring minimum leave, wages, or other benefits for employees, and provide the Legislature with the authority to establish uniform employment policies and regulations of collective bargaining under federal labor laws.
Arizona
Bill targets local governments that violate state law
AZ Central, 2/1/16
Senate Bill 1487, introduced by Senate President Andy Biggs, would allow any lawmaker to direct the attorney general to investigate an alleged violation. If the attorney general found the community in violation and it was not addressed, the state treasurer could then withhold state shared monies until the problem was resolved.
SB 1487
Senate committee OKs bill to let guns in public buildings
Arizona Daily Sun, 2/3/16
Arizona lawmakers want to allow concealed-carry permit holders to carry firearms into some public buildings…
Kavanagh sponsored this year’s legislation that would allow holders of concealed-carry permits to take their weapons into public buildings such as libraries, city halls and the Legislature.
Florida
Editorial: Florida lawmakers big-foot local government
Tampa Bay Times, 2/12/16
HB 191 and SB 318, would preempt any local authority to regulate the “exploration, development, production, processing, storage, & transportation of oil & gas.” Local resistance to these bills has been vocal: The Hillsborough County Commission unanimously passed a resolution opposing parts of the bills, which may have encouraged Sen. Tom Lee (R-Hillsborough) to seek greater clarity on the impacts of the proposed legislation. Several other state Senators (across party lines) have voted against, or are questioning, the bill.
This past week, while in the Appropriations committee, consideration of SB 318 was delayed by Committee Chair Tom Lee (R-Bradenton) “demanding the Florida Department of Environmental Protection provide more scientific details on the impact of hydraulic fracturing.” Needless to say local newspaper editorials, and local and national advocates, continue to oppose the legislation, citing links to the industry front group ALEC.
Bills preempting local smokefree ordinances, polystyrene container bans, and sanctuary cities are also pending in the Florida legislature. HB 4063 would repeal state preemption over local tobacco ordinances, and is currently in the Business and Professions and Health Quality Subcommittees. HB 7007 is an agricultural bill that was amended to “prohibit any future municipal or county regulations on the use or sale of polystyrene products,” and opponents are actively making their case against this provision. Finally, HB 675 would subject local government employees who enforce a sanctuary city ordinance to fines and other actions.
Florida lawmakers struggle with local governments over who should have more control on some issues
Naples News, 2/17/16
With fracking, ride-hailing, state lawmakers challenge local control
The Tampa Tribune, 2/16/16
Idaho
Opinion pieces addressing preemption and state government overreach have been making the rounds in local newspapers; our favorite headline being: Our View: Idaho’s Legislature is Becoming the Federal Government it Hates.
HB 463 preempts local minimum wage ordinances and ballot measures to increase the minimum wage.
HB 372, which has passed the House, prevents “cities, counties or other local governments from banning or taxing plastic grocery bags or other types of containers.”
Illinois
Chicago Pre-Empted from Adopting Tobacco Tax
Convenience Store and Fuel News, 2/3/16
Indiana
KENNEDY: What Flint should tell us about HB 1082
Indianapolis Business Journal, 2/6/16
…the House is considering HB 1082, which would make it illegal for Indiana’s environmental agency to pass policies that set stricter standards for public health than the rules administered by the Environmental Protection Agency, at least in areas where the EPA has set standards. HB 1082 has thus been called the “no more stringent than” bill.
That might sound innocuous, but it isn’t. Consider Flint.
HB 1082
Kansas
HB 2595 is a broad nutrition and agriculture preemption bill that covers “consumer incentive items and nutrition labeling for food and nonalcoholic beverages that are menu items in restaurants, retail food establishments or vending machines” and prevents the state and all lower levels of government from:
“(4) condition[ing] any license, permit or regulatory approval for a food service operation upon the existence or nonexistence of food-based health disparities;
(5) [regulating] where food service operations are permitted to operate, ban, prohibit or otherwise restrict a food service operation based upon the existence or nonexistence of food-based health disparities as recognized by the department of health, the institute of health or the centers for disease control, [and]
(7) restrict[ing] the growing or raising of livestock or grain, vegetables, fruits or other crops grown or raised for food and approved for sale by the United States department of agriculture or other federal or state”
HB 2576 would preempt local ordinances requiring higher minimum wages, paid sick days and other family leave, as well as benefits higher than the state minimum.
Massachusetts
Massachusetts Considers Gun Reform Law
Before It’s News, 2/2/16
A pro-gun opinion piece in favor of firearm preemption in Massachusetts.
Michigan
Firearm Super-Preemption Moving in MI House
Michigan Coalition to Prevent Gun Violence
HB4795, is a firearms super-preemption bill, considered by the Local Government Committee on February 17, 2016, and would give statutory standing to special interest groups and levy fines against local government officials who enforce local gun laws preempted by the state law.
Mississippi
SB 2227, is a smokefree preemption bill that would exempt bars, bar areas of restaurants, cigar bars, private clubs, gaming facilities, private functions, and several other public spaces, was referred to the Public Health and Welfare, and Appropriations committees.
Nebraska
Two opinion pieces by Nebraska State Senator John Kuehn (R-38), which aim to garner support for LR 378CA, a bill which he authored, that would establish a state constitutional “right to farm and ranch” in Nebraska and preempt local authority over Factory Farms (CAFOs).
Nebraska needs to protect its farm families
The Grand Island Independent, 2/14/16
The Right to Farm is fundamental
Beatrice Daily Sun, 2/13/16
New Mexico
HB 211 would preempt local authority to mandate a minimum wage, workplace scheduling requirements, paid leave or benefits higher than the state minimums.
Bill to preempt local government on labor decisions advances
New Mexico Political Report, 2/9/16
Pressure prompts lawmakers to end effort to roll back local minimum wages
Santa Fe New Mexican, 2/6/16
New York
Erie County won’t enforce microbead ban immediately
The Buffalo News, 2/11/16
Erie County retailers must remove all beauty and body products containing tiny, plastic beads from their shelves starting Sunday, everything from toothpastes to facial scrubs, under a law passed by the County Legislature last summer…
But when President Obama signed the Microbead-Free Waters Act in December, to the delight of environmentalists… A section of the county microbead ban law states the county law is “null and void” if the state or federal government passes a law with “substantially similar provisions.”
Similar language exists in the federal act. The federal law states that no state or local government can have its own microbead law in place of the federal law unless it’s identical to the federal law. Erie County’s is not.
HR 1321, Microbead-Free Waters Act of 2015
Ohio
Towns that restrict guns won’t stop crime
The Columbus Dispatch, 2/3/16
Opinion piece against local control and opposed to the proposed repeal of state preemption in Ohio.
Oklahoma
Battle lines drawn on state measure
Pauls Valley Daily Democrat, 2/10/16
The battle lines look to be drawn on a state question set to go before Oklahoma voters during this November’s general election.
It’s State Question 777, known as the Oklahoma Right to Farm amendment, that if passed by voters would amend the Oklahoma Constitution.
According to the amendment, it would grant the rights of citizens and lawful residents of Oklahoma to engage in farming and ranching practices with those rights “forever granted.”
Opponents say the measure would take away the power of the Legislature and municipal governments to regulate agricultural products.
They also say SQ 777 is vaguely written and would only protect large corporate farming and ranching interests.
Oregon
Two GMO-related bills are currently under consideration in the Oregon legislature. HB 4122, “requires labeling of genetically engineered fish sold or offered for sale for human consumption.” HB 4041 removes local preemption of GMO-seed and crop bans passed in 2013; biotech supporters are against the repeal, local farmers appear to support the bill. Meanwhile, Oregon’s recently “passed state law that gives local jurisdictions the authorityto put a variety of restrictions on marijuana growers” may be at odds with the state’s right-to-farm law.
Pennsylvania
Eldred Township asks, Who’s water is it?
Pocono Record, 2/6/16
The Delaware River Basin Commission is the main gatekeeper for large water withdrawals. It, along with the Pennsylvania Department of Environmental Protection, sets the rules and acts as watchdogs, to make sure the public trust is served.
“Large water withdrawals can have a hydraulic effect on surrounding areas,” Garrison said. “You do need to be permitted, and these agencies will look at the impact of the withdrawals on surrounding areas.”…
Still, the local municipality has a powerful role too. It may not be able to determine who owns the water, but it could say where the wells are located…
However, because the DCRB is both a federal and state agency derived from both federal and state law, its authority can pre-empt that of a municipality. “If there are state laws already regulating something, it has pre-emption,” Garrison said. It gives Pennsylvania’s regulators the final say.
Water rights are still a hot topic. “Whether a township can regulate or prohibit it is less sure,” Garrison said. “As to if the townships have the right to limit the use of water rights is something the courts will ultimately decide.”
Tennessee
Nashville fair board sticks with gun show decision
The Tennessean, 2/16/16
The Metro Board of Fair Commissioners isn’t backing down from its controversial decision to eventually halt gun shows at Nashville’s fairgrounds if gun operators don’t accept new rules.
And as a result, the largest gun show operator at the city-owned fairgrounds says a lawsuit against Metro is likely…
Cooper, unveiling his formal legal opinion for the first time, said no law requires Metro to hold gun shows at city-owned facilities such as the fairgrounds…
“The state law pre-emption provisions pre-empt the regulation, sale and transfer of firearms, but do not require particular venues to host gun shows at all,” Cooper said. “In fact there is a state law provision that allows local government to prohibit guns at government facilities.
Vermont
Shelburne residents vow to fight rail project
Brattleboro Reformer, 2/10/16
Residents are incensed that Vermont Rail System cleared 19 acres of forest to make way for a planned rail spur and storage facility without seeking state and local approval.
Company officials say state and local permit requirements are pre-empted by federal laws governing railroads. The town and the company are locked in a legal battle over Shelburne’s authority over the project.
Resolution greases skids for Burlington charter changes, upsets gun groups
Vermont Watchdog, 2/8/16
The resolution, H.R.11, proposes amending House rules so municipal charter bills can go straight to the floor without first undergoing transparent vetting within the committee process. The move has alarmed pro-gun Vermonters committed to stopping Burlington’s charter changes and defending the state’s preemption statute, the Sportsmen’s Bill of Rights.
Washington
Bills would standardize state wage, leave laws
The Columbian, 2/2/16
Opinion piece supporting state preemption of minimum wage and paid sick day standards in Washington state.
Vermont
Shelburne residents vow to fight rail project
Brattleboro Reformer, 2/10/16
Residents are incensed that Vermont Rail System cleared 19 acres of forest to make way for a planned rail spur and storage facility without seeking state and local approval.
Company officials say state and local permit requirements are pre-empted by federal laws governing railroads. The town and the company are locked in a legal battle over Shelburne’s authority over the project.
Resolution greases skids for Burlington charter changes, upsets gun groups
Vermont Watchdog, 2/8/16
The resolution, H.R.11, proposes amending House rules so municipal charter bills can go straight to the floor without first undergoing transparent vetting within the committee process. The move has alarmed pro-gun Vermonters committed to stopping Burlington’s charter changes and defending the state’s preemption statute, the Sportsmen’s Bill of Rights.
Wisconsin
Soglin condemns state preemption of local government
The Daily Cardinal, 2/11/16
Madison Mayor Paul Soglin criticized the state legislature for its preemption of local governments’ authority during a press conference Wednesday morning.
Soglin specifically outlined ride-sharing, firearms and online rentals. The press conference comes after the nonpartisan Legislative Fiscal Bureau released a memo stating lawmakers have enacted 99 provisions that represent unfunded mandates or restrict the decision-making power of local governments over the last three legislative terms.
“It’s time that we have some respect for local government and stop this trend,” Soglin said, “of greater and greater preemption or in some instances changing the way state laws are administered.”
Audit reveals over 100 preemption, other actions to shut down local democracy in Wisconsin
Liberty Free Foundation, 2/11/16
According to this review by Wisconsin’s nonpartisan Legislative Fiscal Bureau, the state legislature in that state has enacted over 100 unfunded mandates and preemptions of local government authority since 2011.
Link to review
Knife Rights’ Wisconsin Knife Law Reform Bill Signed!
AmmoLand, 2/8/16
Knife Rights’ Wisconsin Knife Law Reform Bill including Knife Law Preemption, AB 142, was signed on Saturday by Governor Scott Walker.
Wisconsin is the eleventh state in which Knife Rights has repealed a switchblade ban and the tenth in which we have passed Knife Law Preemption. The law goes into effect as soon as it is officially published, which is expected to occur this week.
AB 142
Immigrant Advocates Blast Proposed Limits On Local ID Card
Wisconsin NPR, 2/3/16
