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June 26, 2015
Welcome to the Preemption Watch News. We hope you find these news links and summaries useful. Please let us know if you have any news about proposed or pending preemption that you would like us to include in future updates. You can contact us at michael@grassrootschange.net or (510) 452-9419. More information can be found at PreemptionWatch.org. Thank you for your support!

National

Attorney General’s Office Urges Congress To Avoid Preemption Of Vermont’s GE Food Labeling Law
Office of Attorney General William H. Sorrell, VT.gov, 6/18/15
Both the VT Attorney General and the Consumers Union call on US Congress to reject the "Safe and Accurate Food Labeling Act of 2015," H.R. 1599 to avoid preemption of the state’s GE Food Labeling Law, Act 120.

Legality of FCC’s muni broadband preemption will be decided in Cincinnati
Tellus Venture Associates, 6/23/15
The consolidated Tennessee and North Carolina lawsuits to overturn the FCC’s decision to preempt their state laws banning municipal broadband networks will be heard by the Sixth Circuit Federal Appeals Court in Cincinnati, OH.

TSCA Reform: House Committee Passes Amended TSCA Modernization Act
JD Supra Business Advisor, 6/4/15

Arkansas

Arkansas bid to repeal anti-discrimination limits dropped
Log Cabin Democrat, 6/18/15
Act 137 preempts local authority to enforce anti-discrimination policies inconsistent with the state’s, effectively targeting LGBT protections.

Maine

House blocks LePage’s effort to keep cities from raising minimum wage
Bangor Daily News, 6/22/15
LD 1361, which would have preempted local authority to set higher minimum wages than the state’s, was passed by the state Senate on 6/18, but rejected by the state House on 6/22.

Michigan

New Pro-Gun Legislation Targeting Firearms Preemption Law Breakers in Michigan
AmmoLand, 6/17/15
HB 5500, which died in the previous legislative session, was a firearm super-preemption bill to penalize local governments for adopting or implementing gun regulations more stringent than the state’s; MI state Representative Chatfield (R) plans to file a duplicate or similar bill this session.

'Death Star' bill stopping local wage, benefit ordinances passes Senate
mLive, 6/11/15
House Bill 4052 (S 337) to prevent local governments from regulating wages and benefits in their communities is headed to the Governor, and he is expected to sign it.

Minnesota

Why Minnesota legislators want to block local officials' ability to increase the minimum wage
MinnPost, 6/9/15
HF 843, the “Omnibus employment and economic development bill,” would preempt all local minimum wage and benefits requirements (including paid sick days) which are higher than the state minimum.

Missouri

Columbia officials encourage governor to veto bill restricting local governments
Columbia Missourian, 6/19/15
HB 722 which preempts local minimum wage and benefits laws, as well as local plastic bag bans, has been sent to the Governor.

New Jersey
Bill to require paid sick leave in N.J. advances
NJ.com, 6/22/15
S 785 preempts local authority to set paid sick day minimums higher than the state's, but exempts laws passed prior to the passage of S 785.

North Carolina

Resolution requesting that the North Carolina General Assembly rescind preemption of tobacco regulation, including electronic cigarettes, and therefore restore local control over tobacco policies
Orange County Health Department, 6/15/15
Environmental advocates say HB 760 takes away much local control over environmental standards.

Legislation on billboard control troubles city leaders
Star News Online, 6/6/15
HB 304 limits local control of communities to regulate billboards, making it costly for local governments to regulate new outdoor advertising, and confers more property rights on billboard owners, including the right to remove trees and local vegetation, which concerns environmentalists.

Oregon

Oregon Enacts Paid Sick Leave
The National Law Review, 6/23/15
SB 454 preempts local authority to establish a higher minimum wage, or mandate paid sick days, was signed by Gov. Kate Brown (D) on 6/22/15.

Pennsylvania 

Court strikes down law allowing challenges to municipal gun ordinances
Pittsburgh Post-Gazette, 6/25/15
A Pennsylvania Commonwealth Court blocked the enforcement of Act 192, the scrap metal theft bill with a super-preemption clause added which preempted local firearms policies, and allowed for organizations to sue cities for gun control policies. The ruling stated the Act violated the single subject requirement of the state constitution. An appeal to the state’s Supreme Court is likely.

Expansion of Pennsylvania's indoor smoking ban to be revisited
Penn Live, 6/12/15
HB 682 would amend PA's Clean Indoor Air Act to include e-cigarettes, close loopholes, and repeal preemption.

Texas

HB 905, which adds air guns and knives to the state’s existing firearms preemption law, has been signed by the Governor.

    
            
                                

                                  Mark Pertschuk                                                   Michael Bare                                  
                             Director                                                     Program Manager                   
 
Grassroots Change supports grassroots public health and safety movements. We’re joined together by a shared belief in the power of grassroots movements and a commitment to improving the lives of all Americans – whether that means access to healthy foods, violence prevention, paid sick days, or reconnecting children with nature. Preemption Watch is a project of Grassroots Change.
 
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(510) 452-9419 | info@grassrootschange.net
 
Support for this project is provided by the Robert Wood Johnson Foundation.

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