Research
Combatting and Preventing Preemption: A Strategic Action Model. Bare M, Zellers L, Sullivan PA; Pomeranz JL, Pertschuk M. Journal of Public Health Management and Practice. March/April 2019;25:101–103. doi: 10.1097/PHH.0000000000000956.
State Preemption to Prevent Local Taxation of Sugar-Sweetened Beverages. Crosbie E, Schillinger D, Schmidt, L. JAMA Intern Med. Published online January 22, 2019. doi:10.1001/jamainternmed.2018.7770.
State Preemption of Food and Nutrition Policies and Litigation: Undermining Government’s Role in Public Health Jennifer L. Pomeranz, JD, MPH, Leslie Zellers, JD, Michael Bare, MPH, Mark Pertschuk, JD. American Journal of Preventive Medicine (2019).
“State Preemption: Threat to Democracy, Essential Regulation, and Public Health” Jennifer L. Pomeranz, JD, MPH, Leslie Zellers, JD, Michael Bare, MPH, Patricia A. Sullivan, Mark Pertschuk, JD. American Journal of Public Health (February 2019, Vol 109, No. 2).
“Key Drivers of State Preemption of Food, Nutrition, and Agriculture Policy: A Thematic Content Analysis of Public Testimony” Jennifer L. Pomeranz, JD, MPH and Mark Pertschuk, JD. American Journal of Health Promotion (2019).
National
Repealing Preemption
Repealing state preemption in public health is a national goal among advocates working across many issues. However, to date the only successes have been in tobacco control, especially the repeal of eight state smokefree preemption laws since 2002.
Now Jodi Radke, Director of the Rocky Mountain/Great Plains Region for the Campaign for Tobacco-Free Kids, (along with many colleagues in and outside of Colorado) have achieved a long-fought and critical victory against the tobacco industry by repealing Colorado’s broad preemption of local authority over tobacco sales, promotion, and access to minors.
According to Radke, “the bill removes the preemptive strike on cigarettes being included in tobacco control regulatory policies, restores lost revenues for communities that have forfeited funds due to licensure that included cigarettes, or those who have assessed a fee, and has extended statutory authority to Colorado counties to tax, license, assess a fee or raise the age of sale of tobacco products.”
Jodi will explore the victory in a webinar on Thursday, March 14 at 1:00 PM MOUNTAIN TIME: https://zoom.us/webinar/register/WN_-mWjxydXQnCTdVD9dWMocA
Toxic Chemicals & Plastics
Opinion
Chemical and plastics industry and ALEC conspiring to block communities from acting on plastic pollution crisis
Greenpeace, 3/1/2019
Washington, DC – As communities increasingly take action on the worsening plastic pollution crisis, the chemical and plastics industry and front groups like the American Legislative Exchange Council (ALEC) have stepped up efforts to protect corporate profits through mass-produced preemption bills meant to “ban plastic bans.” This year, new bills to prevent local action on plastic pollution have been introduced in North Dakota, Oklahoma, and Florida, and reintroduced in South Carolina, Utah, and Missouri.
Broadband & Wireless
Local Officials Back Bill To Repeal FCC’s 5G Rule
Law360, 3/1/2019
Dozens of local officials threw their support behind a bill that would roll back a Federal Communications Commission rule limiting their control over the deployment of infrastructure for the next-generation network…
State rules prove sticky in privacy debate
Axios, 2/28/2019
Federal preemption of state laws will be the sticking point to watch as the debate over national privacy rules proceeds in Congress, lawmakers made clear this week…
What to watch: What kinds of compromises a group of senators from both parties who have been working on a bill for some time can settle on — if they can settle on any approach at all.
LA County wants to take control of LA River
la.curbed.com, 2/27/2019
Solis said that putting the county in charge of these portions of waterways would help local authorities respond more quickly to issues, including notifying homeless residents along the river of impending storms.
Supervisor Sheila Kuehl suggested that having the county oversee these channels would also make it easier to implement water conservation plans and habitat restoration projects, like the county’s in-progress update of the LA River Master Plan.
Opinion
Local control is key to making needle exchange programs work
Orange County Register, 2/28/2019
When addicts receive the needles, they also make contact with the public health system, possibly for the first time. Doing so gives them the opportunity to receive information on health, recovery and other programs that can help them break the addiction, or at least to live another day.
Crucial to such programs is local control. That’s because local city councils, police and health officials are the ones on the ground trying to help the addicts. Also important to consider is increased risk to public safety.
Jodi Radke, Director of the Rocky Mountain/Great Plains Region for the Campaign for Tobacco-Free Kids, (along with many colleagues in and outside of Colorado) have achieved a long-fought and critical victory against the tobacco industry by repealing Colorado’s broad preemption of local authority over tobacco sales, promotion, and access to minors.
According to Radke, “the bill removes the preemptive strike on cigarettes being included in tobacco control regulatory policies, restores lost revenues for communities that have forfeited funds due to licensure that included cigarettes, or those who have assessed a fee, and has extended statutory authority to Colorado counties to tax, license, assess a fee or raise the age of sale of tobacco products.”
Jodi will explore the victory in a webinar on Thursday, March 14 at 1:00 PM MOUNTAIN TIME: https://zoom.us/webinar/register/WN_-mWjxydXQnCTdVD9dWMocA
Industry groups, politicians seek to delay Colorado oil and gas bill
The Tribune, 3/4/2019
The bill would make a variety of changes to oil and gas law in Colorado, including the following…
- It would provide explicit local control on oil and gas development, opening the door for local government-instituted bans or moratoriums, which have previously been tied up in court battles because the industry has been considered one of state interest.
Drilling in at the Colorado Legislature
The Daily Sentinel, 3/3/2019
Key changes announced last week check many of the boxes necessary to provide some balance. They include, perhaps most importantly, altering the presumptive role of the Colorado Oil and Gas Conservation Commission. In addition to fostering development, its primary mission under existing law, the COGCC would also have to prioritize public health, safety and environmental concerns.
Another reform would allow local governments to impose their own zoning and development regulations on oil and gas activities within their jurisdictions. That’s another matter that’s seen recent attempts swept aside by courts based upon existing law prioritizing extraction and production.
Opinion
EDITORIAL: Colorado legislators nail it by pledging public safety, local control of oil-and-gas rigs
SentinelColorado.com, 3/1/2019
Colorado Democrats announce ‘sweeping’ oil and gas local control measure
TheDenverChannel.com, 2/28/2019
DENVER – Colorado Democrats, alongside the survivor of the deadly 2017 Firestone home explosion, on Thursday announced they would be introducing in coming days a “sweeping” oil and gas local control measure they say will give local governments more power to regulate the industry how they wish in their own backyards.
MARK LANE: New Legislative session starting so watch this space
Daytona Beach News-Journal, 3/5/2019
PREEMPTING LOCAL GOVERNMENT: The previous speaker of the House, Rep. Richard Corcoran, was unique among modern House speakers for his open contempt for local government. Most small-government Republicans at least try to say nice things about the level of government closest to the people…
Whether the new speaker, Jose Oliva, shares his predecessor’s fondness for telling local governments what they can’t do remains to be seen. There are more than 30 local-preemption bills filed this session of the Legislature. Many forbid local governments from banning various kinds of disposables — bags, straws, disposable bottles and cups.
Like the bill from Sen. Travis Hutson, R-St. Augustine, that would fight for the right to keep plastic straws in restaurants and ultimately on the beach for at least five years.
One exceptionally broad preemption bill, HB 3, would take a wrecking ball to an amazing wide range of local ordinances, nullifying everything from anti-discrimination ordinances to Key West’s ban on sunscreens that harm coral reefs. [Emphasis added]
Opinion
Editorial: Pre-emption makes its unwelcome return
Tampa Bay Times, 3/1/2019
The Florida Legislature’s dreaded annual tradition of hamstringing local governments is well under way. From prohibiting local bans on plastic straws to preventing any new business regulation by a city or county, state lawmakers are filing bills intended to prevent local control, even on the most local of issues. Every community in Florida has different needs, problems and priorities, and Tallahassee has no business unfairly restricting cities’ and counties’ ability to govern themselves.
Tallahassee tries – again – to assault local control
Florida Today, 3/1/2019
Opinion
Local control is about trust, accountability
Valdosta Daily Times, 3/3/2019
Every year, bills are introduced at the state Capitol that seek to undermine local control. This year, House Bill 302 and Senate Bill 172, bills that would erase cities’ ability to design cities that meet local visions, are being pushed by special interest groups. If we love our cities and love the qualities that make them unique, we must stand up to this silencing of our communities’ voices. We must say no to these bills and others that would seek to erode our trust and accountability.
Local control in arms’ reach for Skidaway Island residents
WJCL.com, 2/15/2019
In a resolution, The Landings Association board says incorporation would give them local control, more benefits from taxes, and improved service.
“We have a number of concerns that are unique to us, and we would have an ability as an incorporated area to take actions that would be best for us in the future,” said resident Rick Cunningham…
“It’s terrific that we’re finally going to be able to vote on it, but I urge everyone to figure it out for yourself. Get all the information you can, and then vote,” said Cunningham.
BILL WOULD ALLOW GUNS IN SCHOOLS
Bonner County Daily Bee, 3/3/2019
Under the current law, local school districts can allow certain persons with concealed weapons permit to carry firearms in schools upon permission from the school board.
The legislation, however, would allow citizens with an enhanced concealed carry permit to carry in public or charter schools and wouldn’t be required to tell school personnel.
Single-use plastic bag ban will not help, environmental risk specialist says
Prairie State Wire, 2/18/2019
While no bag ban appears to be pending in the Illinois legislature, taxes on the bags are in place and moves have been made to levy more taxes on them. Last fall, Illinois 30th District Sen. Terry Link (D-Vernon Hills) filed an amendment to Senate Bill 1597 that would levy a minimum tax of 5 cents for single-use carryout bags at all retail establishments in the state. The amendment would cover paper and plastic bags and would preempt home rule county regulation of carryout bags.
SSB 1190 is met with emotion: Fort Dodge Community School District is committed to doing what’s right for students
The Messenger, 3/4/2019
The thought of cutting nurses and teacher librarians in school districts was the emotional reaction to this particular bill, but that isn’t the underlining issue of the bill. SSB 1190 is about local control and who decides what is best for children.
I think that school boards, made up of locally-elected citizens, will make good decisions to educate students and protect their health. I don’t believe the state has to direct school boards to care about children. There have been an accumulating and increasing number of reporting and administrative requirements that have created a collective burden on school districts. This bill alleviates many of those burdens and gives the decision-making power back to locally elected officials. [Emphasis added]
Opinion
The triple threat to local control of our schools
ForwardKY.com, 2/4/2019
School-based decision making councils (SBDM) are a result of a Kentucky Supreme Court decision in 1990 that ultimately led to the Kentucky Education Reform Act (KERA). The Act contained sweeping legislation that not only created a more equitable funding mechanism for schools across the Commonwealth, known as SEEK funding, but also curtailed much of the corruption and “good-old-boy” cronyism that had become so pervasive and toxic in our districts.
Lockman’s bill to ban classroom ‘indoctrination’ fails amid support for local control
BangorDailyNews.com, 2/28/2019
A bill to prohibit teachers from engaging in political, religious or ideological advocacy discussions with students was unanimously rejected by a legislative committee Thursday…
Rep. Gary Drinkwater, R-Milford, said Lockman’s bill “goes against the core belief” that this issue should be “handled by [local school] administration.” [Emphasis added]
Opinion
To the Editor: Local control
Carroll E. Harper, MountDesertIslander.com, 3/1/2019
The leadership and “local” control of Art Blank has propelled MDI Hospital and its affiliated providers to a level of performance and growth like no other, but despite such leadership, it is a financially challenging daily task. We, the community must get involved and financially support this long-established community health care provider, because we don’t want to wake up some morning and read the headlines that we have lost that “local” control.
Local Control at Heart of Two Small Cell Bills in Maryland
THE FREDERICK NEWS-POST, 2/27/2019
The pair of competing bills arrived in Annapolis this session despite months of negotiations between elected officials and wireless telecommunication companies in an attempt to reach a consensus on rules for deploying the emerging cellphone technology. The parties were far from reaching one, however, with counties and municipalities supporting one bill and companies such as Verizon, Sprint and AT&T supporting another.
School board calls for local control
Sampson Independent, 2/27/2019
Lorain unions join teachers for rally against House Bill 70 (VIDEO)
The Chronicle-Telegraph, 3/3/2019
LORAIN — Members of several unions rallied Saturday morning alongside the Lorain Schools teachers union against House Bill 70, a state law they said strips local control over the city’s schools and attempts to promote for-profit charter schooling at the expense of students and unions. [Emphasis added]
‘We’re going to do this or we’re not’: North Myrtle Beach gets serious on plastic bags
MyrtleBeachonline.com, 3/4/2019
North Myrtle Beach lawmakers announced on Monday plans to move forward with legislation that would eliminate single-use plastic bags in businesses throughout the city and encourage the use of reusable shopping bags.
NEWS: House budget steers to more local control on education spending
StateHouseReport.com, 3/1/2019
Myrtle Beach officials rip SC bill limiting local control over vaping, tobacco
The State, 2/28/2019
Opinion
SC legislature wants to take away local control of plastic bags
Letter to the Editor, The Island Packet, 2/25/2019
Utah legislators advance effort to overturn Park City’s plastic-bag ban
ParkRecord.com, 2/26/2019
WVU prefers ‘local control’ on guns, official says
Charleston Gazette-Mail, 2/28/2019
A day after the state House of Delegates passed a bill that would allow students to concealed carry on college and university campuses, a West Virginia University official said Thursday the school has concerns over the bill and would “prefer local control” on the issue of guns on school property.
