House Labor and Industry Committee

January 28, 2014

Sample Letter Opposing Sick Leave Preemption Bill

Help Stop ALEC

Help Stop ALEC

Yesterday afternoon, the Pennsylvania House Labor and Industry Committee forwarded a sick leave preemption bill — HB 1960 — to the floor of the Pennsylvania House of Representative without amendment.  I have previously written about this ALEC-initiated bill and a similar one on this blog.

The vote on the amendments and on referral of the bill “as committed” was completely along party lines.  All 15 Republicans voted to limit local control and disallow exceptions to the bill for pregnant women and victims and survivors of domestic violence, sexual assault and stalking; all 10 Democrats voted for the amendments and against the bill.

Now the bill goes to the full floor for debate.  In Pennsylvania, bills can be amended from the floor ONLY on “Second Consideration.”  And that is expected as early as tomorrow, Wednesday, January 29.

Every legislator—Republican and Democrat—needs to know our concerns about this type of  bill.

So in an effort to assist my readers on contacting their representatives about a preemption bill such as this one, I decided to post my letter to Representative Kerry Benninghoff (R-171, Centre & Mifflin Counties) on this blog. FYI, he is a conservative Republican, but is not a member of ALEC.

If you live in Pennsylvania, now is the time for you to write a similar letter OR call your state Representative(click here to find your Representative).

This bill is also being “shopped” around the country by ALEC. So… if you live elsewhere in the country, keep this in mind, as a sick leave preemption bill is likely to show up in your state.

Hi Kerry,

I’m writing to strongly urge that you oppose and vote NO on  HB 1960 when it comes up for second consideration as well as on final consideration.  Voting and debate on several amendments is expected on the House floor tomorrow, January 29 under the rules for Second Consideration.

I want you to vote NO on HB 1960 because:

  1. Laws that preempt local decision-making strip cities and counties of their right to adopt policies that will benefit their communities, in violation of core conservative and democratic principles;
  2. It represents attempts by national businesses to circumvent policy at its most basic level; and
  3. Local innovation is the lifeblood of progress. Preemption efforts, driven by special interests, should not stand in the way of local innovation or self-rule. Bills like this represent an ominous attempt to remove power from locally elected officials and make the voters mere bystanders in the democratic processes that define the character of their communities.

I’m particularly concerned about its effect on victims of domestic violence, sexual assault and stalking.  This proposed law will threaten the lives of victims and survivors of domestic violence, sexual assault, and stalking who need this form of leave to receive critical services to protect their and their families’ lives – like medical treatment, counseling, and dealing with all court and law enforcement related business.  If local communities can’t make laws that allow victims who work for employers with less than 50 employees, you will be potentially sending these victims back into the hands of their violent perpetrators because they will be unable to financially stand on their own two feet.

Even if preemption bills seem to have a narrow focus, passage of this type of legislation could result in preemption of a wide range of local ordinances in municipalities throughout the state. These include efforts to expand protections for those who have experienced domestic violence, laws prohibiting wage theft, consumer protection initiatives, and many more.

Based on all of these concerns, I am therefore also requesting that you vote for any amendment that makes this bill less onerous.  I understand that several such amendments will be offered, including ones that

  • Allow municipalities to have paid or unpaid leave programs with respect to victims of domestic violence, sexual assault or stalking.
  • Allow municipalities to have paid or unpaid leave programs with respect to maternity leave.
  • That grandfather in any existing local ordinance.

Please vote for all of these life-protecting amendments.  And when the bill comes up for a final vote, VOTE NO!  on HB 1960.

Please let me know what you will do regarding this bill. Thank you.

January 24, 2014

Underhanded Attempt to Pass a Paid/Unpaid ALEC Sick Leave Preemption Bill?

Help Stop ALEC

Help Stop ALEC

In December, I posted a blog about some Pennsylvania legislators’ connections to ALEC, the American Legislative Exchange Council.  Among those legislators is Representative Seth Grove of York County, PA.  In that blog, I focused on his paid and unpaid sick-leave preemption bill that would prohibit any local control over paid or unpaid leave of any type.  His bill – HB 1807 – ran into a lot of opposition after a party-line vote in the House Labor and Industry Committee in mid-December.  This bill has been placed on – and pulled off – of the floor calendar after 14 other Representatives offered at least 24 amendments for floor debate.

So on January 16, 2014, Representative Grove introduced a “new” version of his bill – HB 1960 – in what looks to me like an effort to avoid any changes to his original legislation.  And this bill was introduced without, as far as I can tell from the General Assembly website, any circulation of a “Co-Sponsorship Memo.” I have been reviewing legislation on this website for years.  This is the first time I have ever seen a bill introduced since co-sponsorship memos started being posted that has not included such a memo.  HB 1807 had one; HB 1960 does not.

Differences in the Two Preemption Bills

Upon reading both bills, there appears to be little if no difference at all.  Except for the addition of one new cosponsor (Rep. Fred Keller (R-85, Snyder & Union Counties)), the style of wording to prohibit paid or unpaid sick leave ordinances at the local level is the only change I can see. The result is exactly the same. The original bill – HB 1807 – creates the preemption with a one paragraph “Mandate prohibition.” The new bill – HB 1960 – creates the preemption by changing the prohibition wording to three paragraphs within two subsections titled “General Rule” and “Inconsistent mandate.”  Both bills prohibit any local jurisdictions to pass ordinances that

“mandate requiring an employer to provide an employee or class of employees with vacation or other forms of leave from employment, paid or unpaid, that is not required by Federal or State law.”

Both bills grandfather any currently enacted ordinance but prohibit all future local paid or unpaid sick leave legislation.

So by adding one new cosponsor and reorganizing the way the bill is presented without circulating a co-sponsorship memo allows Representative Grove and his cohorts a “do-over” chance to ram this bill through the House without the current “baggage” of 24+ amendments.

Is there some subterfuge going on here? Is Representative Grove trying to get this ALEC-initiated bill passed under the radar?

If so, this under-the-radar effort doesn’t appear to be working.  Both progressive members of the legislature as well as members of the Coalition of Healthy Families and Healthy Workplaces have found out about this bill and are starting to push back.

Status of Bills

Due to the high number of amendments on HB 1807, the leadership of the Pennsylvania House of Representatives has apparently decided not to bring forth the bill for floor debate.  So the new bill will be a start-over.  And eleven days after its introduction (January 16, 2014), HB 1960 will be heard AND voted on in the House Labor and Industry Committee (scheduled for Monday January 27, 2014).

This bill has no more leadership backing than original. That’s a good thing.  This means that there is not likely to be a GOP caucus push to have all Republicans vote for this bill.

All legislators – Democratic and Republican — can therefore either vote their conscience OR their constituents’ views without fear of repercussion from leadership.

What You Can Do

As of right now, the focus will be to attempt a majority no vote in the House Labor and Industry Committee.  So if you personally know OR are a constituent of a member of this Committee, please contact her/him by Monday morning at 11 am EST.  Tell this legislator that you are a voter and that you want her/him to vote NO on HB 1960 because:

  1. It violates of core conservative and democratic principles,
  2. It represents attempts by national businesses to circumvent policy at its most basic level, and
  3. It will threaten the lives of victims and survivors of domestic violence, sexual assault, and stalking who need this form of leave to receive critical services to protect their and their families lives

For more talking points on this preemption bill, click here.

Here’s a list of the targeted members of the House Labor and Industry Committee. Each link will take you to the legislator’s personal legislative web page where you can find full contact information – addresses, phone numbers, faxes, and email.  And for some of the legislators, you will also have links to either their Facebook and/or Twitter accounts so you can contact them that way as well.

Officers

Scavello, Mario M.

Chair

Keller, William F.

Democratic Chair

Majority

Minority

Thanks for taking time to help stop this bill and to stop this underhanded attempt to ram through a proposed law that threatens, among others, the lives of victims and survivors of domestic violence, sexual assault, and stalking who need time off from work to create a safety plan or obtain needed services and protections.