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Home My WebLink AboutCOM 0393.002 2012-2014 Margaret Wille .•ti:,.o�;,� Phone No. Hilo: (808)961-8027 o•• `:,'-• Phone No. Waimea: (808) 887-2043 Council Member ;:'_�� .. ��'�'''' Fax No.: (808)887-2072 District 9-,forth and South Kohala ��`��' tn\'l. �: .• ;�...r:•�; E-Mail: mwille @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i /-lanai'i County Building Holomua Center Kest 1lawai'i Civic Center Bldg. A 25:lupuni Street 64-1067:14amalahoa Highway, Suite C-3 74-3044.-lne Keohokalole Hwy. Hilo, Hawai 7 96 720 H uniea, Hawaii 96743 Kailua-Kona, Hanoi'i,96740 w ':D C) e/) —O r*i 71: TO: J Yoshimoto, Chair —° ,_ And Members of the Hawaii County ncil u, - -� FROM: Margaret Wille, Council Member DATE: September 5, 2013 w = SUBJECT: President Obama Memorandum Please find attached a copy of a May 20, 2009 President Obama Memorandum for reference during the Bill 113 discussion at the Public Safety and Mass Transit Committee meeting on 9-6- 13. Thank you. M W/dh att Comm. No. 39 3. 2- Ref.To: PIrSM TL Serving the Interests of the People of Our Island Ref. Date tGP 0 6 1013 Hmvai`i County Is An Equal Opportunity Provider And Employer THE WHITE HOUSE Office of the Press Secretary For Immediate Release May 20, 2009 May 20, 2009 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES SUBJECT:. Preemption Fmmou/ Nation's fnondmB, the American constitutional order has been a Federal system, ensuring a strong role for both the national Government and the States, The Federal Government's role in promoting the general welfare and guarding individual liberties is critical, but State law and national law often operate concurrently to provide independent safeguards for the public. Throughout our history, State and local governrients have frequently protected heaim, safety, and the environment more aggressively than has the national Government. An understanding of the important role of State governments in our Federal system is reflected in longstanding practices by executive departments and agencies, which have shown respect for the traditional prerogatives of the States. In recent years, however, notwithstanding Executive Order 13132 of August 4, 1999 (Federalism). executive departments and agencies have sometimes announced that their regulations preempt State law, including State common law, without explicit preemption by the Congress or an otherwise sufficient basis under applicable legal principles. The purpose of this memorandum is to state the general policy of my Administration that preemption of State raw by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption. Executive departments and agencies should be mindful that in our Federal system. the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and pin iciples that reflect these circumstances and values As Justice Brandeis explairred more than 70 years ago, "Ht is one of the happy incidents of the federal system that a single courageous state may, it its citizens choose, serve as a wbo,am9, and try novel social and econoir'uc experiments without risk to the ea/ Nthecovntry. To ensure that executive departments and agencies include statements of preemption in regulations only when such stakeme,obhave a sufficient legal bass 1 Heads of departments and agencies should not include in regulatory preambles statements that the departnrent or agency intends to preempt State law through the regulation except where preemption provisiorrs are also included in the codified regulation. 2. Heads of departments and agencies should not include preemption provisions in codified regulations except where such provisions would be justified under legal principles governing pmemphon, including the principles outlined in Executive Order 13132. 3. Heads of departments and agencies should review regulations issued within tfre past 10 years that contain statements in egu|ami y preambles or pr v`si000 intended by the department or agency m preempt State law, in order to decide whether such statements or provisions are justified under applicable legal principles governing preenrptron Where the head of a department or agency determines that a regulatory statement of preemption or codified regulatory provision cannot be so justified, the head of that department or agency should initiate appropriate actinn, which may include amendment o(tho relevant regulation Executive departmer its and agencies shall carry out the provisions of this memorandum to the extent permitted by law and consistent with their statutory authorities, Heads of departments and agencies should consult as necessary with the Attorney General and the Office of Management and Budget's Office al Information and Regulatory Affairs to determine how the requirements of this memorandum apply to particular vimmiono This memorandum is not intended m, and dues not, create any right or benefit, substantive or procedural, enforceable at ow or ni equity by any party against tfre United States its departments agencies or entities imwhcen, e*p|oyees, orwgen\s. oranyothe/p*mox The Director of the Office of Management arid Budget is anihorrzed and directed to publish this menial widow m the Federal Register 8ARACK0&(MA