SB 1266 allows for enforcement of the state preemption statutes. Some local governments have been ignoring the preemption law because there were no penalties provided. SB 1266 provides for penalties so that the preemption statute can be enforced. The penalties are not insignificant, and has a provision for terminating employment of a person who ignores the preemption law. Here is the change in the statute. From cqstatetrack.com:
H. Any ordinance, regulation, tax or rule that is enacted by a political subdivision in violation of this section is invalid and subject to a permanent injunction against the political subdivision from enforcing the ordinance, regulation, tax or rule. It is not a defense that the political subdivision was acting in good faith or on the advice of counsel.Other states have had to enact similar statutes to enforce Second Amendment rights against infringement by recalcitrant and scofflaw local governments. Such a law has been very successful in Florida. Another, similar statute was passed with overwhelming margins in Pennsylvania, but is being challenged in the courts, funded by disarmist dollars.
I. If a court determines that a political subdivision has knowingly and wilfully violated this section, the court may assess a civil penalty of up to fifty thousand dollars against the political subdivision.
J. If a court determines that a person has knowingly and wilfully violated this section while acting in the person's official capacity through enactment of any ordinance, regulation, tax, measure, directive, rule, enactment, order or policy, the person may be subject to termination from employment to the extent allowable under state law.
K. A person or an organization whose membership is adversely affected by any ordinance, regulation, tax, measure, directive, rule, enactment, order or policy that is in violation of this section may file a civil action for declaratory and injunctive relief and actual damages against the political subdivision in any court of this state having jurisdiction over any defendant in the action. If the plaintiff prevails in the action, the court shall award both:
1. Reasonable attorney fees and costs.
2. The actual damages incurred not to exceed one hundred thousand dollars.
©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
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