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NCSL NEWS

July 23, 2004

State Lawmakers Take Strong Stand Against Federal Preemption

Annual NCSL business meeting sets agenda for lobbying activity 

SALT LAKE CITY - The nation's state lawmakers renewed their fight against the federal preemption of states' rights by enacting policies that will guide the National Conference of State Legislatures' lobbying activity on Capitol Hill.

Of particular concern to lawmakers this year, were issues relating to financial services, electronic commerce, welfare reform and drug reimportation.

"Over the last several years, state legislatures have faced a number of public policy challenges - not the least of which has been the ongoing budget crisis," said incoming NCSL President John Hurson, a member of the Maryland House of Delegates.  "The last things states need to deal with at this point is continued federal preemption and unfunded mandates.  The policies enacted today strengthen NCSL's position as the premier advocate for states' rights and gives us the tools to work with our colleagues on Capitol Hill."

NCSL's annual business meeting is an opportunity for state lawmakers from around the country to exchange ideas and debate ideas being considered in Washington that will have an impact on state public policies.

Key resolutions enacted at the business meeting include:

Communications, Technology and Interstate Commerce Committee

  • NCSL Urges Congressional Adoption of the Streamlined Sales and Use Tax Act - S. 1736 / HR 3184 As Introduced:  This resolution calls on Congress to swiftly consider and approve the Streamlined Sales and Use Tax Act giving states the authority to require remote sellers (online, catalogue, etc.) to collect state sales taxes.

Financial Services Committee

  • State-Federal Framework for Insurance Regulatory Modernization:  This resolution establishes NCSL's committment to work with Congress on the creation of a state-federal framework for insurance regulation.  The resolution also renews NCSL's belief that insurance regulation is a function of state government and states should continue their effort to modernize and streamline the regulatory process.
  • Banking Regulation:  The NCSL Banking Regulation resolution renews state lawmakers committment to the dual banking system which preserves the states' right to charter and regulate banks and thrifts.
  • State Sovereignty in Financial Services:  This resolution affirms the states' right to regulate banking, insurance, securities and credit unions in order to meet the needs of local economies and respond to the values and concerns of local citizens.

Health Committee

  • Drug Reimportation, Regulation of Internet Pharmacies and Drug Safety:  NCSL believes that it should be a national priority to expand access to affordable prescription drugs.  The resolutions calls on the Food and Drug Administration to clarify its policy regarding the "criminalization" of drug reimportation for personal use.  The policy also calls on Congress to establish standards for internet pharmacies.

Human Services and Welfare Committee

  • Consideration of Welfare Reform Reauthorization:  States have been left in the lurch since the historic welfare reform program expired in September, 2003.  Numerous extensions have kept the program going but has created a great deal of uncertainty for states.  This resolution encourages Congress to reauthorize the welfare reform program or enact the longest possible multi-year extension of the current program.

NCSL is the bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.

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Bill Wyatt
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202-624-8667

Nicole Moore
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