Preemption

Learn more about corporations VOTING to rewrite our laws.

Follow the money in the Koch wiki.

This article is part of the Tobacco portal on Sourcewatch funded from 2006 - 2009 by the American Legacy Foundation.

This website is a community resource for posting news and information on preemption bills moving across the country in 2015.

Preemption is a strategy used by corporate lobby groups and special interests to prevent localities from introducing and passing new legislation, for instance local paid sick days laws. When special interests learn that the people of a local community are planning to pass a certain law they disagree with, they intervene by lobbying the state legislature to pass a state law prohibiting the local community from passing their own local ordinance. The technique was first used as a deliberate strategy by the U.S. tobacco industry in the 1990s to prevent localities from protecting the public from smoking (more below). In 2015, the technique is being promoted by the American Legislative Exchange Council (ALEC) to attack "Raise the Wage" and other local campaigns.

Click here for an interactive map of preemption laws in the U.S., a project of Grassroots Change.

Preemption Watch News, a project of Grassroots Change

• Preemption Watch News Aggregates news related to preemption from around the US.

• Preemption Watch News, April 13, 2016.
• Preemption Watch News, March 31, 2016.
• Building a Mental Health Movement, March 23, 2016.
• Preemption Watch News, March 17, 2016.
• Building a Grassroots Mental Health Movement," March 9, 2016.
• Preemption Watch News, March 3, 2016.
• New Movement Building Resources," February 24, 2016.
• Preemption Watch News, February 18, 2015.
• Building a Successful Nutrition Movement: Interview with Sara Soka February 11, 2016.
• Preemption Watch News, February 4, 2016.
• Preemption Watch News, January 24, 2016.
• Preemption in 2016 and Beyond, January 6, 2016.
• Preemption Watch News, December 17, 2015.
• Preemption Watch News, December 3, 2015.
• Case Study: Paid Sick Days in Seattle, December 2, 2015.
• The Rising Tide of State Preemption," November 18, 2015.
• Preemption Watch News, November 12, 2015.
• Lessons from the Paid Sick Days Movement, October 28, 2015.
• Preemption Watch News, October 22, 2015.
• Preemption Watch News, October 8, 2015.
• #GrassrootsChange Movement Building Twitter Chat October 14, October 1, 2015.
• Preemption Watch News, September 24, 2015.
• Food Bank Builds Grassroots Movement to Fight Hunger and Poverty, September 16, 2015.
• Preemption Watch News, September 10, 2015.
• Preemption Watch News, August 20, 2015.
• Successes and Challenges in Preventing Gun Violence, August 12, 2015.
• Preemption Watch News, August 6, 2015.
• Grassroots Leadership Opportunity & Preemption Watch Facebook Page, July 29, 2015
• Preemption Watch News, July 23, 2015
• Preventing Childhood Trauma; Updated State Preemption Map, July 15, 2015
• Preemption Watch News, July 9, 2015
• Updated Map Documents Rising Tide of State Preemption, July 8, 2015
• Farm to School & Lessons from the Marriage Equality Movement, July 1, 2015
• Preemption Watch News, June 26, 2015
• Ground Zero: Preemption in Texas, June 19, 2015
• Preempting a Healthy Workforce in Minnesota; Grassroots Uprisings Fight Factory Farms & Fracking, June 11, 2015
• Preemption Watch News, June 4, 2015
• The Movement for Paid Sick Days & Fracking Preemption in Texas," May 27, 2015
• Preemption Watch News, May 22, 2015
• 3 Lessons from the Children and Nature Movement, May 13, 2015
• Preemption Watch News, May 7, 2015
• Students Challenge Rape Culture and White House Champions Paid Sick Days, April 29, 2015
• Preemption Watch News, April 23, 2015
• Protecting Local Control of Civil Rights and Public Health, April 15, 2015
• Preemption Watch News, April 9, 2015
• 2015 County Health Rankings and Attacks on Civil Rights and Local Democracy, April 2, 2015
• Preemption Watch News, March 30, 2015
• Preemption Watch News, March 27, 2015
• Texas' Grassroots Fracking Movement & Preempting Workers' Sick Days, March 18, 2015
• Preemption Watch News, March 12, 2015
• What they say about grassroots & the new state preemption “feeding frenzy”, March 4, 2015
• Preemption Watch News, February 25, 2015
• Factory farms and 25 years of smokefree flights, February 19, 2015
• Preemption Watch News, February 12, 2015
• Can Tragedies Lead to Social Change?, February 5, 2015
• Preemption Watch News, January 29, 2015
• A Grassroots Call to Action on Fracking, Paid Sick Leave, and Broadband Access, January 22, 2015
• Welcome to Preemption Watch Newsfeed, January 16, 2015

Featured News Clips

July 2015

National

• "U.S. House Passes GMO Labeling Legislation," The National Law Review, July 24, 2015. HR 1599

• "Opinion: Preemption isn’t a dirty word," Joseph Perrone, Center for Organizational Research and Education, The Hill, July 22, 2015.

• "Hot Topics at ALEC's 2015 Meeting This Week in San Diego," Huffington Post, July 20, 2015.

• "House Democrats set attacks on GMO bill," AgriPulse, July 20, 2015.

• "House Ag leaders: GMO labeling bill does not preempt cultivation bans," AgriPulse, July 17, 2015.

• H.R.1599, the Safe and Accurate Food Labeling Act of 2015

• "New Report Illuminates the American Chemistry Council's Efforts to Undermine the Chemical Policies that Protect Us," Union of Concerned Scientists, July 15, 2015. See also the SourceWatch article on the American Chemistry Council.

• "State leaders say House chemical bill is better," Safer Chemicals, Healthy Families, July 14, 2015.

• "US lawmakers predict uncontentious reconciliation of TSCA bills," ChemicalWatch, July 8, 2015.

• "For conservatives, it's the 'right time' to discuss climate change," E&E Publishing, July 7, 2015. Republican strategists openly discuss their support for federal preemption of climate change policies, outlining a strategy in which federal preemption would be sought as a concession from Democrats.

• "West Virginia AG Morrisey joins multi-state letter against federal pre-emption of states’ ability to legislate and enforce laws that protect consumers from data breaches and identity theft," Huntington News, July 7, 2015.

• "State AGs clash with Congress over data breach law," The Hill, July 7, 2015. Attorneys general from all 47 states with data breach notification laws are urging Congress not to preempt local rules with a federal standard.

• "Four Ways ALEC Tried to Ruin Your State This Year," PR Watch, July 7, 2015.

Alaska

• "In Another Loss for Local Control, Alaska Supreme Court Says Voters Can’t Ban Mining," AllGov.com, July 23, 2015.

Florida

• "Can Orlando kick its polystyrene habit?," Orlando Weekly, July 15, 2015. Polystyrene, which is used by restaurants for to-go containers, has been banned in Miami Beach after they reviewed the state statute that prevented "municipalities from banning plastic bags and related products."

Hawaii

• "Maui GMO ban overturned; federal court remains consistent on preemption analysis," Lexology, July 2, 2015.

Idaho

• "Group Asks Idaho Cities One-By-One To Change Local Gun Laws," Northwest Public Radio, July 13, 2015.

Massachusetts

• "Railroads Challenge New Massachusetts Sick-Leave Law," The National Law Journal, July 1, 2015.

Michigan

• "Paid sick days would be mandatory under ballot initiative," MLive, July 13, 2015. This ballot initiative comes in response to the passing of the “Death Star bill” which preempted minimum wage and benefits, including paid sick days.

Missouri

• "States Battle Cities Over Minimum Wage," The Pew Charitable Trusts, July 13, 2015.

• "Analysis: Missouri stance on local minimum wages unclear," The Kansas City Star, July 12, 2015.

• Vetoed by Gov. Nixon (D) HB 722 would have preempted local minimum wage and benefits laws, and plastic bag bans.

North Carolina

• "Health board identifies focus areas," Reflector.com, July 14, 2015. "The Pitt County Board of Health...board members approved a resolution asking the state for more autonomy over tobacco regulation" in light of the state’s preemption of local authority over tobacco.

Ohio

• "Meeting planned on oil, gas regulations," Star Beacon, July 14, 2015.

• "Elected Officials Ask Kasich For Local Control Over Fracking Activities," WCBE Central Ohio NPR, July 9, 2015.

Oregon

• "Local GMO control initiative faces setback," Capital Press, July 15, 2015.

Pennsylvania

• "House Co-Sponsorship Memoranda," Pennsylvania House of Representatives, July 8, 2015. PA State Representative Mark Keller seeking co-sponsors for re-introduction of the firearms “super preemption” bill after the Commonwealth Court found Act 192 of 2014 unconstitutional.

Texas

• "Denton Gears Up For Bigger Fight Over Fracking," The Real News, July 12, 2015.

June 2015

National

• "A mixed bag: Comparing the preemption provisions of the House and Senate TSCA reform bills," Environmental Defense Fund, June 30, 2015.

• "U.S. Chamber of Commerce Works Globally to Fight Antismoking Measures," New York Times, June 30, 2015.

• "Legality of FCC’s muni broadband preemption will be decided in Cincinnati," June 23, 2015.

• "Big Senate Fight Set on TSCA Reform ," Occupational Health & Safety, June 20, 2015.

• "Attorney General’s Office Urges Congress To Avoid Preemption Of Vermont’s GE Food Labeling Law," Office of the Attorney General of Vermont, June 18, 2015.

• "Toxic Substances Control Act (TSCA) Reform: House Committee Passes Amended TSCA Modernization Act," Bergeson & Campbell, P.C., June 4, 2015.

Arizona

• "Court: Arizona cities can raise minimum wage," The Republic, June 30, 2015.

Arkansas

• Arkansas Act 137 preempts local authority to enforce anti-discrimination policies inconsistent with the state’s, effectively targeting LGBT protections.

• "Arkansas bid to repeal anti-discrimination limits dropped," Log Cabin Democrat, June 18, 2015.

Maine

• Maine 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.

• "House blocks LePage’s effort to keep cities from raising minimum wage", Bangor Daily News, June 22, 2015.

Michigan

• Michigan HB 5500 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.

• "Snyder signs local wage preemption law," Michigan Radio, June 30, 2015.

• "New Pro-Gun Legislation Targeting Firearms Preemption Law Breakers in Michigan," AmmoLand, June 17, 2015.

• "'Death Star' bill stopping local wage, benefit ordinances passes Senate," mLive, June 11, 2015.

Minnesota

• Minnesota 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.

• "Why Minnesota legislators want to block local officials' ability to increase the minimum wage," MinnPost, June 9, 2015.

Missouri

• HB 722 which preempts local minimum wage and benefits laws, as well as local plastic bag bans, has been sent to the Governor.

• "Columbia officials encourage governor to veto bill restricting local governments," Columbia Missourian, June 19, 2015.

Nevada

• Nevada SB 477 limits the authority of cities and counties to adopt local building codes requiring the installation of fire sprinklers in single family residences.

• Nevada SB 175 and SB 240 were signed into law June 2, 2015. Each bill contained identical provisions enhancing state preemption of local firearm laws.

• "BREAKING NEWS: Blue Cards and Local Laws Abolished, Preemption Enhanced," Nevada Carry, June 2, 2015.

New Jersey

• New Jersey 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.

• "Bill to require paid sick leave in N.J. advances," NJ.com, June 22, 2015.

North Carolina

• North Carolina 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.

• Environmental advocates say HB 760 takes away much local control over environmental standards.

• Orange County Health Department Resolution requesting that the North Carolina General Assembly rescind preemption of tobacco regulation, including electronic cigarettes, and therefore restore local control over tobacco policies. June 15, 2015.

• "Legislation on billboard control troubles city leaders," Star News Online, June 6, 2015.

Oregon

• Oregon SB 454, which mandates paid sick days while also preempting local authority to mandate paid sick days, was signed by Gov. Kate Brown (D) on 6/22/15.

• "Oregon Enacts Paid Sick Leave," The National Law Review, June 23, 2015.

Pennsylvania

• Pennsylvania HB 682 would amend PA's Clean Indoor Air Act to include e-cigarettes, close loopholes, and repeal preemption.

• 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.

• "Editorial: Pennsylvanians win with repeal of Act 192," Daily Times, June 30, 2015. Act 192, special-standing/preemption legislation that allowed gun advocates to sue Pennsylvania cities that enact their own gun control ordinances even if the laws are unenforceable, was ruled unconstitutional last Thursday by the seven members of the state appeals panel.

• "Court strikes down law allowing challenges to municipal gun ordinances," Pittsburgh Post-Gazette, June 25, 2015.

• "Expansion of Pennsylvania's indoor smoking ban to be revisited," Penn Live, June 12, 2015.

Texas

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

May 2015

National:

• "State and Local Action on Paid Sick Days," National Partnership for Women and Families, May 2015.

• "Competing TSCA Reform Bills: A Break in Partisan Fever?," Corporate Counsel, May 27, 2015.

• Theo Anderson, "The GOP and ALEC’s War on Cities," Beyond Chron, May 26, 2015.

• Amanda Frank, "Banning Fracking Bans: The Paradox of Local Control," Center for Effective Government, May 19, 2015.

• John Eggerton, "N.C. Sues FCC Over State Broadband Preemption," The Business of Television Broadcasting & Cable, May 18, 2015.

• "TSCA Reform: House Subcommittee Holds Markup of Revised Draft TSCA Bill and Passes Amended Draft," JD Supra Business Advisor, May 18, 2015.

• Laura Clawson, "Where do the presidential candidates stand on paid sick leave?," Daily Kos, May 9, 2015.

• Jonathan Cohn, "Pennsylvania's Fight Over Paid Sick Days Could Be The Presidential Campaign's Next Issue," Huffington Post, May 6, 2015.

• Lauren Etter, "Knives Are the New Guns in Lawmakers’ Second-Amendment Expansion," Bloomberg Business, May 6, 2015.

• Ramona Young-Grindle, "Railroads Fight New California Labor Law," Courthouse News, May 1, 2015.

Illinois

• Illinois SB 2130, which would repeal state preemption of local firearm and ammunition laws.

Indiana

• Mark Wilson, "Appeals court hears Evansville gun case," Evansville Courier & Press, May 6, 2015. Removed from the Mesker Park Zoo for openly carrying a handgun, a gun owner is suing the city of Evansville, asserting that the city's gun laws are invalidated by the Indiana Firearms Preemption Act.

Michigan

• Michigan HB 4052, dubbed the "Death Star" bill, preempts local regulations on employer-employee relationships.

• Michigan SB 305, which preempts local regulation of knives.

• Rick Pluta, "House Adopts Bill to Preempt Local Workplace Rules," Michigan Public Radio Network, May 21, 2015.

• Zack Ford, "Extreme Bill Would Override All Local Employment Laws, Including LGBT Protections," Today’s Workplace, May 20, 2015.

Missouri

• Missouri HB 722, which preempts local minimum wage and benefits laws, and plastic bag bans.

• Missouri "Right to Farm" amendment.

• Associated Press, "Missouri Senate passes limits on local wage, bag ordinances," Southeast Missourian, May 6, 2015.

• Jack Suntrup, "Lawyers use 'Right to Farm' amendment to defend cultivation of marijuana," The Missourian, May 6, 2015.

• Collin Reischman, "Democrats attempt filibuster over preemption bill," The Missouri Times, May 5, 2015.

North Carolina

• North Carolina HB 760

• North Carolina HB 662 would repeal North Carolina's requirement that a prospective handgun buyer obtain a pistol permit from the county sheriff. That process includes a criminal background check.

• "Deer, swine, eels in NC farm bill that gets Senate OK," Associated Press/Daily Reflector, May 19, 2015.

• Sharon McBreyer, "Advocates say environmental bill wrests local control," McDowell News, May 20, 2015.

• Laura Leslie, "Gun control group hits NC airwaves," WRAL, May 11, 2015.

Ohio

• David DeWitt, "County official attends injection well strategy session," Athens News, May 27, 2015.

Oklahoma

• Oklahoma SB 809 preempts local authority to regulate oil and gas operations.

• Barbara Hoberock, "Senate sends Fallin legislation to prohibit cities from banning drilling," Tulsa World, May 22, 2015.

• "Oklahoma Governor Signs Knife Rights’ Preemption Bill Into Law," Personal Defense World, May 6, 2015.

Oregon

• Oregon SB 454 requires that “Employers who employ at least six employees shall implement a sick time policy that allows an employee to earn and use up to 40 hours of paid sick time per year” and preempts local authority to enact higher standards for paid sick days.

• Mateusz Perkowski, "Jackson County GMO ban litigation shifts gears," Capital Press, May 29, 2015.

• Chris Gray, "Bates Says Statewide Paid Sick Leave Law Within Hours of Agreement," The Lund Report, May 27, 2015.

Texas

• Texas HB 40, which would prohibit local fracking bans.

• Texas HB 905 would add air guns and knives to the state’s existing firearms preemption legislation.

• Brian Palmer, "Yes, in Your Backyard: Texas tells local governments not to mess with oil and gas," OnEarth, May 22, 2015.

• Wade Goodwyn, "New Texas Law Makes Local Fracking Bans Illegal," NPR, May 20, 2015.

• Adam Briggle, "Crownover’s vote betrays community," Denton Record-Chronicle, May 19, 2015.

• Mike Ward, "Bill to prohibit local fracking bans heads to Abbott's desk," Houston Chronicle, May 4, 2015.

• Kai Ryssdal, "A ban on fracking bans (no, you didn't misread that)," Marketplace, May 4, 2015.

Utah

• McKenna Malan, "Utah leads way in 'right to bear knives' movement," Standard Examiner, May 8, 2015.

Vermont

• "Vermont’s GMO statute and recently enacted regulations remain effective pending continued challenges in federal court," Lexology, May 5, 2015.

April 2015

National:

• Gregory Roberts, "Toxic-chemicals bill pushed by Sen. David Vitter clears U.S. Senate committee," New Orleans Advocate, April 29, 2015.

• Monica Trauzzi and Richard Martella, "Sidley Austin's Martella talks 'toxic confusion' over Senate's TSCA reform bill," E&E TV, April 28, 2015.

• Mateusz Perkowski, "Judge: GMO labels constitutional," Capital Press, April 28, 2015.

• American Chemistry Council, "Taking a complete view of preemption and TSCA reform," American Chemistry Council blog, April 24, 2015.

• Tiffany Stecker, "BIOTECH: GMO labeling bill stalls amid interagency, committee tussle," E&E Daily, April 21, 2015.

• Tricia L. Nadolny, "Obama aide takes Philly's side in sick-leave fight," April 21, 2015.

• "'Fast, fair and open:' FCC Chairman lays out his big picture for broadband," WRAL Techwire, April 20, 2015.

• Dinesh Kumar, "TSCA reform bill vote set for 14 May," Chemical Watch, April 15, 2015.

• Susan Schoenfeld, "Paid sick leave gets a big push from the White House," April 13, 2015.

• Stanton Glantz, "Preemption in Marijuana Policy: Never a Good Idea for Public Health," Center for Tobacco Control Research and Education, University of California-San Francisco, April 13, 2015.

• Claire Gordon, "The disenfranchisement of small-town America," Al Jazeera America, April 10, 2015.

Alabama

• Alabama HB 495, A bill that would preempt local minimum wage, benefit and paid sick days ordinances that are stronger than the state’s is currently under discussion in committee, April 14, 2015.

Arizona

• Editors, "Voters already gave cities chance to set living wage," Arizona Daily Sun, April 16, 2015.

Arkansas

• "Little Rock Passes Anti-Discrimination Ordinance: Conflict with Arkansas Statute Prohibiting Local Anti-Discrimination Ordinances?," Workplace Prof Blog, April 22, 2015.

• Arkansas Act 137, which overrides local anti-discrimination ordinances.

California

• Richard Nemec, "Lawsuit Withdrawal Emboldens Some California Local Control Advocates," NGI Shale Daily, April 13, 2015.

• California SB 14, which created a regulatory framework for hydrofracturing and other oil and gas operations, includes protections for local regulation of oil and gas industry.

Florida

• Florida HB 1205, a fracking ban preemption bill.

• Chris Joseph, "Bills That Would Have Allowed Fracking in Florida Die in Senate," Broward Palm Beach New Times, April 29, 2015.

• Ari Phillips, "Florida Lawmakers Pass Bill That Arrests Local Efforts To Ban Fracking," ThinkProgress, April 28, 2015.

• Aleese Kopf, "Town ban on wild animals not OK, state says," Palm Beach Daily News, April 11, 2015.

Idaho

• Debbie Bryce, "Idaho group pushes to end old gun laws," Idaho State Journal, April 24, 2015.

Louisiana

• Leah Libresco, "Unlike Many States, Louisiana Allowed New Orleans To Ban Smoking In Bars," April 22, 2015.

Maryland

• Kate S. Alexander, "Opinion says Maryland law trumps most of Montgomery pesticide ban," The Gazette (Maryland), April 29, 2015.

• Aaron Kraut, "MoCo Pesticide Ban May Be Vulnerable To Court Challenge, Says Attorney General’s Office," Bethesda Now, April 20, 2015.

Minnesota

• HF 843, omnibus bill that preempts all local minimum wage and benefits requirements (including paid sick days) which are higher than the state minimum.

New Jersey

• "Grapevine: A new turn for sick leave laws," New Jersey Business Journal, April 26, 2015.

North Carolina

• Jim Morrill, "New tensions emerge in war over NC billboards," Charlotte News & Observer, April 17, 2015.

• HB304, proposed preemption of local (and some state) authority over billboards.

Oklahoma

• "Oklahoma House calls for statewide Right to Farm referendum," Oklahoma News 9, April 29, 2015.

• Oklahoma SB 809, which preempts local authority over oil and gas operations, and SB 468, which penalizes local jurisdictions that regulate oil and gas operations.

• Ari Phillips, "Oklahoma Lawmakers Vote To Outlaw Fracking Bans As Earthquakes In The State Spike," ThinkProgress, April 23, 2015.

• Barbara Hoberock, "Oklahoma Senate passes 'Right to Farm' bill," Tulsa World, April 22, 2015.

• Barbara Hoberock, "County vote amendment offered on controversial 'right to farm' bill in Oklahoma," Tulsa World, April 17, 2015.

• HJR 1012, "right to farm" bill.

Oregon

• Editors, "Two Oregon ballot measures offer recipe for chaos," Capital Press, April 15, 2015.

• Chris Gray, "Steiner Hayward Renews Efforts to License Tobacco Vendors, Curtail Sales to Minors," The Lund Report, April 14, 2015.

• Mateusz Perkowski, "Proposal aims to override Oregon’s GMO pre-emption," Capital Press, April 8, 2015.

Pennsylvania

• Mary Wilson, "Wolf would use veto to keep Philly's sick-leave law," NewsWorks, April 24, 2015.

• Mike Dunn, "Reaction To State Senate Pushback On Philadelphia Paid Sick Leave Law," CBS Philly, April 20, 2015.

• Angela Couloumbis, "Pa. Senate votes to stop Phila. sick-leave law," Inquirer, April 16, 2015.

• SB 333, sick leave preemption bill.

• Aaron Auperlee, "Pennsylvania court weighs legality of law that lets NRA sue to overturn gun control rules," Trib Live, April 15, 2015.

South Carolina

• South Carolina SB 3431, a minimum wage and paid sick days preemption bill.

Texas

• Stacey Cameron, "The Height of Hypocrisy: Cities vs. State," News 4 San Antonio, April 30, 2015.

• Jim Mitchell, "Be worried cities, another pre-emption bill is on the way," Dallas Morning News, April 21, 2015.

• "Anti-local fracking control bill advances in Texas," Platts McGraw Hill Financial, April 20, 2015.

• Rachel Rice, "Senate Bill 1673 riling cities, Austin American Statesman, April 17, 2015.

• Bryan Kirk, "College system votes for local gun control," Houston Chronicle, April 14, 2015.

• Lauren Etter, "Texas Tries to Stop Safeguards for Gays as Rural Areas Hold Sway, April 10, 2015.

• HB 3263, would pre-empt the right of cities to establish rules to regulate businesses licensed by the state

• HB 40, would pre-empt local control over fracking

• SB 1673, "an adaptation of the earlier SB 343" seeks to preempt all local control to "adopt ordinances that regulate anything preempted by state law."

Washington

• Jerry Cornfield, "The Petri Dish: Local battles over marijuana," Central Kitsap Reporter, April 16, 2015.

• HB 2136, would preempt local enactment or enforcement of "a moratorium or prohibition on the production, processing, researching, or retail sale of marijuana." However, the bill would allow for a citizen petition process to place proposed bans on the local ballot as initiatives.

March 2015

• Mary Bottari and Brendan Fischer, "The ALEC-Backed War on Local Democracy," PR Watch, March 31, 2015.

• Wisconsin E-Cigarette Policy Preemption Bill, L.R.B. 1116/5

• Tennessee Fire Sprinkler Requirement Preemption Bills, H.B. 787 and S.B. 474

• Jon Brodkin, "Tennessee fights for its right to squash municipal broadband expansion," Ars Technica, March 24, 2015.

• David Hudnall, "Missouri House passes bill banning plastic bag bans ," The Pitch, March 20, 2015.

• Eileen Appelbaum, "Pennsylvania Lawmakers Should Not Kill Philadelphia's Earned Paid Sick Days," Huffington Post, March 19, 2015.

• Matthew Daly, "Chemical regulation overhaul bill faces opposition in Senate," Standard Examiner, March 19, 2015.

• "Preemption 'critical' TSCA issue for White House, says EPA," ChemicalWatch, March 19, 2015.

• Tony Iallonardo, "Major Flaws Exposed in Senate’s Vitter-Udall Chemical Bill," EcoWatch, March 18, 2015.

• James Quintero, "Bills to preempt fracking bans moving in Austin," Star-Telegram, March 18, 2015. See also S.B. 1165 and S.B. 440.

• "With Newly Approved GE Potato on Horizon, Idaho Seed Preemption Bill Would Remove Essential Local Autonomy Regarding GE Crops, Pesticide Restrictions," eNews Park Forest, March 17, 2015.

• Adam Briggle, "Why Local Control Matters," Grassroots Change, March 16, 2015.

• John Eggerton, "FCC Releases Muni Pre-emption Order," Multichannel News, March 12, 2015.

• "Frank R. Lautenberg Chemical Safety for the 21st Century Act," U.S. Senate, March 10, 2015.

• Peggy Heinkel-Wolfe, "Filed legislation could affect city's frack ban," Denton Record-Chronicle (Texas), March 10, 2015.

• Tom Benning, "Housing vouchers are latest front in Texas Legislature’s battle over local control," Dallas Morning News, March 10, 2015.

• Ellen Bravo, "How corporate lobbies are trying to delay justice," Grassroots Change, March 9, 2015.

• "Sheriffs and prosecutors from Colorado, Nebraska and Kansas announce federal-preemption legal challenge to Colorado's 'recreational-marijuana' law," High Plains Journal (Kansas), March 5, 2015.

• Kathryn Oehlschlager, "California’s Fracking Preemption Battle Moves Forward in San Benito County," J.D. Supra Business Advisor, March 4, 2015.

• Theresa Campbell, "Leesburg wins lawsuit over gun ordinance," Daily Commercial, March 4, 2015.

• Nina Liss-Schultz, "GOP-Led Pennsylvania Legislature Goes After Philadelphia Paid Sick Leave Ordinance," RH Reality Check, March 4, 2015.

• Editors, "Editorial board: Leave gun policy in local control," Casper Star-Tribune (Wyoming), March 4, 2015.

• Doug Ritter, "Knife Rights' Idaho Knife Law Preemption Bill Introduced - Call & Write TODAY!," BladeForums online forum, March 3, 2015.

• Matthew Reichbach, "Preemption of local oil and gas laws heads to House floor," New Mexico Political Report, March 3, 2015.

• State Rep. Brian Renegar, "Home / all-mobile-opinion / Renegar: State shouldn’t wrest control from cities," The Journal Record (Oklahoma), March 3, 2015.

• John Wright, "UPDATED: Lawmaker’s Gay Son Responds To Anti-LGBT Bill," Texas Observer, March 3, 2015.

• Hugh R. Morley, "Biz groups sue to stop Trenton paid sick leave law," NorthJersey.com, March 2, 2015.

• Mike Searson, "Nevada Senate Judiciary Committee discusses knife preemption laws," Examiner.com, March 1, 2015.

• Editors, "Editorial: Wolf starting strong, but more needs to be done, Delco Daily Times (Pennsylvania), March 1, 2015.

• Local Control Texas, http://www.localcontroltexas.org/, new organization founded in 2015.

February 2015

• Steve Lohr, "F.C.C. Moves to Free Up Community Broadband Services," The New York Times, February 27, 2015.

• GovTrack, Rep. Marsha Blackburn, R-Tenn., and Sen. Thom Tillis, R-NC introduce bill to stop FCC from preempting State broadband laws. (H.R. 1106), February 26, 2015.

• Christine Vendel, "Dauphin County judge strikes down three of Harrisburg's gun ordinances," The Patriot-News (Pennsylvania), February 25, 2015.

• "NRA News Cam and Company," "Daniel Reid: Improved State Firearms Preemption Bill Advances in Arizona," The Sportsman Channel, February 25, 2015.

• Virginia State Legislature, HB 1608 Local government; prohibits practices that would require contractors to provide benefits, passed State House January 28, 2015; State Senate February 19, 2015.

January 2015

• Nebraska Legislature, LB 289, New bill that would revise Nebraska statutes to preempt local gun ordinances, particularly naming concealed carry laws. January 15, 2015.
• Pew Charitable Trusts, Cities Forge Policy Apart from States, Stateline, January 15 2015.

2014

• Brendan Fischer, "Fat on Restaurant Cash, Democratic Lawmakers Float Minimum Wage Preemption in IL," PRWatch.org, November 18, 2014.
• Brendan Fischer, "An Embattled ALEC, Buoyed by Election Results, Lays Blueprint for 2015," PRWatch.org, November 17, 2014.
• Rebekah Wilce, "Oregon's GMO Sellout," PRWatch.org, May 21, 2014.

2013

• Brendan Fischer, "Efforts to Deliver "Kill Shot" to Paid Sick Leave Tied to ALEC, PRWatch.org, April 3, 2013.

2012

• Mary Bottari, "Hang onto that Paycheck! ALEC 'Sharpens Focus on Jobs,'" PRWatch.org April 19, 2012.

ALEC Preemption Bills from ALECexposed.org, a project of the Center for Media and Democracy

• "Living Wage Mandate Preemption Act"
• "Prevailing Wage Repeal Act"
• "Starting (Minimum) Wage Repeal Act"
• "State Pesticide Preemption Act"
• "Pre-emption of Local Agriculture Laws Act"

External Resources

• CMD's Primer on Preemption: Mask Off: The National Restaurant Association and American Hotel and Lodging Association Push ALEC Agenda to Block Minimum Wage Hikes and Earned Sick days

• NPR's Fresh Air: "From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws," interview with CMD's Lisa Graves.

• Memo: "How to talk about preemption and its consequences."

• Updated Toolkit (October 2015): Protecting Local Control: A Research and Messaging Toolkit

• Toolkit: Protecting Local Control a Research and Messaging Toolkit

Preemption Strategies Used by the Tobacco Industry

The tobacco industry developed and implemented a variety of corporate and lobbying strategies to thwart legislation, regulations or public organizing activity that they perceived would be detrimental to business, before such action started. The industry's preemptive strategy was first noticed around 1991, when a confidential memo written by Michael J. Kerrigan of the Smokeless Tobacco Council revealed a new strategy the tobacco industry was using to head off smoking bans across the country: Instead of flatly opposing all anti-smoking laws, the industry had started pushing states to adopt weak, or loosely-written smoking laws that prevented towns, cities and counties from approving tougher, local anti-smoking ordinances of their own. The approach had worked in several states by that time, including Iowa, where a new state law had prevented localities from passing any anti-smoking rules at all. Kerrigan's memo states that, in order to pass, the preemptive legislation must give the appearance of being a comprehensive tobacco control regulatory scheme.

Philip Morris' Use of Preemption Strategy

Philip Morris employed a preemption strategy widely in 1994 when it introduced its "Accommodation Program," in which the company worked to compel the establishment of separate smoking and non-smoking sections in public venues like restaurants, hotels and bowling centers. PM rolled out its Accommodation Program as a response to a proposed smoking ban in Pennsylvania. The idea was to convince business owners to establish smoking sections so the public would feel as though something had been done about the problem of secondhand smoke; this in turn would convince legislators that legislation to regulate tobacco smoke would be unnecessary.

Philip Morris, however, took the strategy further, working to enact legislation in all 50 states to preempt local smoking restrictions.

In a 1994 draft speech to the Philip Morris USA Trade Council, Ellen Merlo, Senior Vice President of Corporate Affairs at PM, describes a major PM strategy to thwart public health efforts to restrict indoor smoking: shift the argument away from the health effects of secondhand smoke exposure and onto "accommodation" and indoor air quality in general. She describes PM's strategy to enact what the company calls "accommodation legislation," which will "serve to pre-empt local smoking restrictions which tend to be more severe."

Other Forms of Corporate Preemption

Introduction and Passage of Weak Legislation

As indicated above, a common preemptive tactic is the introduction and passage of weak legislation that has little if any effect on corporate operations, sales, etc.

Lawsuits

Corporate preemptive efforts can take several different forms, including lawsuits. In the case of efforts by localities to pass bans on plastic grocery bags, groups funded by the plastics industry have emerged and sued to repeal such laws.

PR Campaigns and "Public Education" Programs

A memo from Wendy Leavell of Philip Morris' (PM) public relations firm of Karsh and Hagan in Colorado discusses strategies of how to do a test "rollout" of two Philip Morris programs aimed at heading off legislation: the Accommodation Program and a "youth smoking prevention program." The key line showing that PM' youth anti-smoking program is a strategy to preempt further legislation comes in the fifth paragraph of the memo, where Leavell says:

While we accept that both programs [Accommodation and the youth program] have significant value as major tactics in a strategy to achieve a kind of pre-emption, we believe the clutter of messages ... in one community will make measuring success of either program difficult.

Sourcewatch resources

• Accommodation Program
• Website of Grassroots Change and the “Preemption Watch” newsletter
• Website of Local Solutions Support Center
• Center for Science in the Public Interest, tracks ABA spending on the soda tax issue and is suing Coke and the ABA for deceptive advertising practices.