National
Nutrition
Industry Hails House Passage of Common Sense Nutrition Disclosure Act
Progressive Grocer, 2/6/2018
In 2010, Congress adopted a federal restaurant menu labeling law that preempted stronger state and local menu labeling laws. Adopted as part of the Affordable Care Act, federal menu labeling preemption was adopted at the insistence of the National Restaurant Association with the support of several nutrition and public health organizations.
While federal preemption went into effect immediately, the FDA has never adopted or enforced federal menu labeling requirements. The compliance date for federal menu labeling rules has been repeatedly delayed, first to December 2016, then to May 2017, and finally to May 2018.
As the fast food industry intended, federal menu labeling preemption has created a regulatory void, or “passive preemption,” in which state and local elected officials are prohibited from taking action on behalf of the voters, while federal regulators are apparently paralyzed.
Predictably, the same lobbyists who succeeded in preempting state and local menu labeling laws are seeking to weaken future menu labeling rules (if those are ever adopted and enforced), while preserving the void in public health measures at the local and state levels. HR 772, passed by the House in February, would do just that.
Civil Rights
Legislative Action Center
The Equality Federation, 2/12/18
The Equality Federation tracks pending and adopted state laws that preempt, either directly or indirectly, local LGBTQ nondiscrimination ordinances.
Transgender Rights Targeted by Multiple Ballot Measures Across the United States
The Seattle Lesbian, 2/12/2018
A listing of several “bathroom bills” currently filed in state legislatures.
Note: State laws directed at undermining civil rights protections for LGBTQ people typically preempt local nondiscrimination policies adopted by schools, municipalities, and other subdivisions of the state.
Around the Region: Anti-LGBTQ bills introduced in WI, SD, and IA
The Column, 2/5/2018
Republicans in Wisconsin have introduced a bill to ban nondiscrimination ordinances that are more expansive than the state’s, the Badger Herald reports:
A Republican-backed bill that would standardize employment laws across the state would also prohibit local municipalities from creating their own discrimination laws and protecting their workers.
Broadband
To kill net neutrality, FCC might have to fight more than half of US states
Ars Technica, 2/16/2018
The legislatures in more than half of US states have pending legislation that would enforce net neutrality, according to a new roundup by advocacy group Free Press. So far, the states that have taken final action have done so through executive orders issued by their governors. Those are Vermont, Hawaii, Montana, New Jersey, and New York…
The potential role of states in regulating net neutrality is uncertain. The Federal Communications Commission repealed its own net neutrality rules and is attempting to preempt state and local laws that regulate net neutrality. (Emphasis added)
Firearms
What the Media Doesn’t Want You to Know: Enactment of National Reciprocity is Closer than Ever!
NRA-ILA, 2/2/2018
The Concealed Carry Reciprocity Act has already passed the House with a bipartisan majority. Your NRA is now laying the groundwork for success in the Senate.
The Concealed Carry Reciprocity Act would preempt state gun laws by allowing concealed carry permit holders from other states, with weaker CCW laws, to carry firearms in states with stronger protections.
Other
Federal Rent-a-Bank Bill May Harm Financially Distressed Consumers
Pagosa Daily Post, 2/12/2018
Recently, it was announced that the U.S. House of Representatives is likely to vote, the week of February 12, on H.R. 3299, the so-called “Madden fix” bill which would preempt state interest rate caps and open the flood gates to online predatory lending. The bill is spearheaded by U.S. Reps. Patrick McHenry (R-N.C.) and Greg Meeks (D-New York).
Preemption: Why It’s A Big Deal in Public Health (Webinar recording)
The Public Health Law Center, 1/31/2018
Bill would bar Arizona cities from taxing sugary drinks
Houston Chronicle, 2/7/2018
A proposal in the Arizona House that would bar cities and counties from joining a growing national trend of taxing sugary drinks got a glowing reception Wednesday.
The proposal… doesn’t specifically mention taxes on sugary drinks, only saying any tax on food products must be uniform. But testimony from a supermarket industry lobbyist made it clear that’s what the bill is all about.
Arizona: Gun Bills to Be Heard Tomorrow
NRA-ILA, 2/13/2018
Senate Bill 1374, introduced by Senator Kate Brophy McGee (R-28), would significantly weaken Arizona’s state firearm preemption statute or potentially render it ineffective. This legislation would limit who would be allowed to request an Attorney General investigation of a violation of the state preemption statute, and adds unnecessary time delays making the states preemption statute less effective.
SCR 1016 would preempt local authority to set higher minimum wage and paid sick days requirements than the state.
Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements
The National Law Review, 2/14/2018
HB 1206 is a “religious freedom” bill that would preempt local nondiscrimination policies by allowing private business owners and government employees to deny service to same-sex couples seeking marriage certificates or marriage related business services. Source: Equality Federation
Note: State laws directed at undermining civil rights protections for LGBTQ people typically preempt local nondiscrimination polices adopted by schools, municipalities, and other subdivisions of the state.
Florida gun law can punish local officials personally
CNN, 2/21/2018
If local Florida officials want to pass firearm restrictions in response to the latest mass killing with an assault weapon, they risk being suspended from office, fined and sued personally for damages…
Florida has fewer rules about guns than some states, and a broad state statute gives the state sole authority to regulate firearms. It prohibits any local gun ordinances and allows for personal punishment of officials through fines of up to $5,000, lawsuits and removal from office.
A brief history of Gov. Rick Scott doing jack shit about Florida gun violence
Orlando Weekly, 2/16/2018
A timeline of Florida Gov. Rick Scott’s record on gun laws, beginning with his support for firearms and ammunition “super-preemption” in 2011.
Controversial Bill Targeting ‘Sanctuary Cities’ Stalls in Senate
Daily Business Review, 1/31/2018
A controversial measure that would ban “sanctuary cities” in Florida stalled in the Senate but is already playing a role in the 2018 gubernatorial campaign.
Sen. Aaron Bean, R-Fernandina Beach, tabled his proposed sanctuary-city ban (SB 308) as it was scheduled to be heard by the Senate Judiciary Committee. He faced bipartisan opposition to the measure aimed at requiring local governments to comply with federal immigration laws.
Opinion
Opinion: Pre-emption of local governments is going too far
Tallahassee Democrat, 2/8/2018
Opinion: Florida cities are fighting for home rule
Tallahassee Democrat, 2/5/2018
Iowa police chiefs: ‘Sanctuary City’ bill would make our communities less safe
Des Moines Register, 2/7/2018
Beyond the bill’s inefficiency, it introduces a dangerous infringement on local control of local issues. It legislates policy in an arena where no other policy is legislated, such as use of force, proper equipment, and standards of conduct. It asks local law enforcement to address an issue that is best left to federal authorities. Creating and enforcing immigration laws is the purview of our federal partners. Asking local and state law enforcement to enforce immigration laws puts a strain on already strapped police units. We simply don’t have the training or time to enforce federal immigration policy.
Debate over ban of sanctuary cities
KCRG (Iowa City ABC News Affiliate), 1/31/2018
Bills in Iowa would force grocery stores to sell eggs from caged hens
The Humane Society, 2/13/2018
The factory farm lobby has reached a new low. Agribusiness is rushing two awful bills — HSB 623 and SF 2242 — quietly through the Iowa legislature, aimed at undoing much of the progress the animal protection movement has achieved for chickens. This bizarre legislation would actually force many grocery stores to sell a product that businesses and consumers are increasingly rejecting: eggs from caged hens.
This bill would also preempt any local cage-free egg ordinances.
Iowans Lead the Charge Against Factory Farming
Food & Water Watch, 2/8/2018
Nearly 25% of Iowa counties, both rural and urban, have passed resolutions in favor of stronger local control.
Iowa currently preempts county and city authority to adopt local ordinances or exercise local zoning authority related to industrial farming.
Opinion
Will Iowa Legislature tell grocers what kind of eggs they can sell?
Des Moines Register, 2/20/2018
Senate committee votes down bill that would have relaxed local environmental rules
Nuvo (Indianapolis), 2/19/2018
A bill limiting local communities’ ability to provide oversight and impose some control on construction site run-off was narrowly defeated by a 6-5 margin Monday.
House Bill 1096, which was heard in the Senate Environmental Affairs Committee, would have barred local authorities from imposing more stringent run-off requirements than what is authorized in Indiana code. The bill had passed 70-24 in the House.
HB 2171 is a so-called “bathroom bill” requiring that students in public schools use the bathroom that correlates with their sex as “identified at birth.” Such laws preempt local nondiscrimination protections for LGBTQ students. Source: Equality Federation
Note: State laws directed at undermining civil rights protections for LGBTQ people typically preempt local nondiscrimination polices adopted by schools, municipalities, and other subdivisions of the state.
Mass. AG says state net neutrality legislation may face federal challenge
Boston Business Journal, 2/6/2018
Creation of comprehensive state net neutrality legislation hinges upon the murky question of federal preemption, Attorney General Maura Healey declared at the first hearing of the Special Senate Committee on Net Neutrality and Consumer Protection…
“They can’t simply wipe away important state laws that are in place to protect our consumers and our businesses,” Healey testified. “Unfortunately, that is the position that the FCC has taken. They, it seems, don’t want the state to be able to play at all in this area.”
HB 1241, a broad workplace preemption bill passed by the state House and sent to the Senate preempts local ordinances that relate to the “relationship between a nonpublic employer and its employees,” including minimum wages, paid sick days and other benefits, and local workplace nondiscrimination ordinances that include categories beyond those protected at the state and federal levels.
HB 1755 preempts local protections for transgender individuals using their bathroom of choice.
Source: Equality Federation
House Leadership Trying to Stop Progun Reforms
Ammoland, 2/5/2018
We have previously told you about HB 1749, which will provide an enforcement mechanism for the existing state law that prohibits cities, towns and counties from regulating, taxing or prohibiting the sale, ownership and use of firearms…
HB 1749 is a firearms “super-preemption” bill.
Ohio: House Committee on Federalism and Interstate Relations to Hear Omnibus Pro-Gun Legislation Tomorrow
NRA-ILA, 2/12/2018
Sub. HB 228, sponsored by state Representatives Terry Johnson (R-90) and Sarah LaTourette (R-76), would expand circumstances under which a person has no duty to retreat before using force in self-defense… This legislation also makes other significant changes to Ohio law:
- Strengthens firearms preemption ensuring that laws regarding firearms and ammunition are uniform across the state to guarantee that gun owners and sportsmen are able to exercise their rights equally across Ohio.
Cleveland gun regulations, registry torpedoed by Ohio high court
Guns.com, 2/1/2018
A previous ruling that found the city’s gun offender registry and extensive local ordinances on firearms were unconstitutional [under the state constitution] was upheld Wednesday by the Ohio Supreme Court.
Legislature Kills Bill to Let Oklahoma Cities and Towns Set Their Own Minimum Wage
Public Radio Tulsa, 2/19/2018
A state lawmaker’s effort to let Oklahoma cities and towns raise their minimum wages was snuffed out in committee on Monday…
Dunnington’s House Bill 1939 would have repealed the state preemption statute for minimum wage and paid leave. A subcommittee approved a motion not to pass the bill 5–3, meaning HB1939 is done for the entire session. [Emphasis Added]
Mariner East 2: Sunoco’s public utility status trumps local regulation, court says
State Impact, 2/20/2018
Sunoco won a court battle over the siting of its Mariner East 2 pipeline on Tuesday when a panel of judges ruled against an effort to assert local control over where the pipeline can be built…
In its 58-page ruling, the Commonwealth Court upheld the concept of “field pre-emption,” in which the Legislature intends the state to control all regulation, without giving any control to a local entity like West Goshen.
Most S.C. gubernatorial candidates oppose bill to ban local decisions on plastic bags
The Post and Courier, 2/9/2018
Senate panel tables bathroom bill, says it ‘leaves a lot of doors open’
Argus Leader, 2/14/2018
South Dakota lawmakers on Wednesday voted down an effort to require public restrooms to post signs indicating someone of the opposite gender could be inside.
Senate Bill 202 aimed to protect children from predators, the measure’s sponsor Sen. Phil Jensen, R-Rapid City, said. Under the proposal, those who maintain a public “multi-person or unisex restroom” would have to make clear in signage that people of the opposite sex might be in the facility.
Note: State laws like this directed at interfering with civil rights protections for LGBTQ people typically preempt local nondiscrimination policies adopted by schools, municipalities, and other subdivisions of the state.
New Bill Could Place Smoking Laws in Local Governments’ Hands
Memphis Flyer, 2/9/2018
Ramsey sponsors bill to allow local governments to curb secondhand smoke
The Daily Times (Blount County), 2/9/2018
Local governments would have the option to regulate smoking more strictly than state law under a new bill sponsored by Rep. Bob Ramsey, R-Maryville…
House Bill 2327/Senate Bill 2525, the Local Option Bill, would repeal the tobacco preemption clause from Tennessee law and insert the local option…
Tennessee has mixed record with tobacco policies
Lebanon Democrat, 1/30/2018
The American Lung Association’s 2018 “State of Tobacco Control” showed Tennessee earned mixed grades on its tobacco policies…called on Tennessee policymakers to act on repealing preemption related to smoke free public places and make sure all cessation treatments are covered under Medicaid and private insurance without barriers.
Nashville’s new affordable housing policies — slow out the gate — now face budget slash
Tennessean, 1/31/2018
Architects of the inclusionary zoning policy, including Mendes, point out the city was handcuffed mightily by a state pre-emption law…that outlawed any type of mandate on affordable housing when new residential development is built. The inclusionary zoning efforts faced opposition from real estate agents, developers and others who said the policy would stymie growth.
In the Face of Preemption Threats, Austin Passes Paid Sick Leave
The American Prospect, 2/21/2018
Salt Lake City Leaders Make a Case Against Plastic Bags
Next City, 1/31/2018
Salt Lake City leaders are growing weary of plastic bags — they get tangled in recycling machines, and the local landfills spend about $70,000 a year cleaning them out…Those fees get passed on to SLC residents.
“It’s costing us a lot of money,” Kate Whitbeck, a member of the Utah Recycling Alliance,..“When I say ‘us,’ I mean the taxpayer and local businesses.”
Whitbeck said her organization is encouraging residents to use reusable bags instead of plastic ones… But they’re going about their efforts cautiously, tempered by the state preemption laws that have banned bag bans over the last few years. [Emphasis added]
Vermont governor becomes 5th to issue net neutrality order
State Scoop, 2/20/2018
Vermont Gov. Phil Scott is the latest state governor to take a stand against the Federal Communications Commission’s rollback of net neutrality rules…
The FCC’s preemption language gives the agency authority over “any state or local requirements that are inconsistent.” It doesn’t apply to the governors’ executive orders because they aren’t setting a standard for all ISP business in the state. The thinking is, however, that most ISPs would not want to forfeit their ability to compete for state government contracts. [Emphasis added]
Net neutrality bill could face legal “throttling”
The Lens, 2/13/2018
The Washington House overwhelmingly approved bipartisan legislation February 9 imposing net neutrality policy that proponents say will protect Internet consumers and small business owners, but if enacted could get derailed due to federal preemption.
Washington: Gun Control Bills Fail to Meet Deadline
NRA-ILA, 2/4/2018
House Bill 2666/Senate Bill 6146 would have abolished Washington’s decades old state firearm preemption statute… Failed to meet committee deadline. [Emphasis added]
Wisconsin Republicans hatch another plan to undermine cities and towns
Journal Sentinel, 2/16/2018
The Wisconsin Restaurant Association and Wisconsin Manufacturers and Commerce are leading the charge to preempt local control over employment protections. They argue that it’s necessary to support food industry employers and create a simpler business environment statewide, where the rules and regulations are the same from place to place…
Assembly Bill 748 (and its Senate version, SB 634)…would preempt local control over rules related to higher minimum wage for work done with local funds, LGBTQ discrimination, wage theft recovery, fair scheduling of employees, tools to decrease gender and racial pay inequities, labor peace agreements and licensing requirements.
Jason Rae, President & CEO of the Wisconsin LGBT Chamber of Commerce, released this statement today on Wisconsin Manufacturers & Commerce (WMC) pushing anti-LGBT legislation.
“It’s shameful that WMC is pushing legislation that will roll back protections local communities in Wisconsin have enacted to protect members of the LGBT community from discrimination.
Civil Rights, Labor, Women’s Groups, LGBTQ Organizations Oppose Dangerous Attack on Local Control
Human Rights Campaign, 2/6/2018
WYOMING LEGISLATURE TO CONSIDER BAN ON SANCTUARY CITIES
KGAB, 2/6/2018
A bill to cut off funding for any Wyoming city or county that declares itself a “sanctuary city” has been filed for the upcoming legislative session.
House Bill 105 would cut off state funding and potentially some state-administered federal money as well to local governments that designate themselves as sanctuary cities.
