December 13, 2005
States Enact Policies to Protect Sovereignty
Eminent domain, financial security, long-term care top list of priorities
WASHINGTON, D.C. - Congress continues to step on the toes of state legislatures, according to several policies enacted last week at the National Conference of State Legislatures' 'Winds of Change' Fall Forum.
State legislators from across the country gathered in blustery Chicago to debate policy resolutions on the most pressing state and federal policy issues. Eminent domain, financial security, long-term care and redistricting were among the most prominent issues debated.
"Unfortunately, Congress is backing state legislatures into a corner," said Illinois Senator and NCSL President Steve Rauschenberger. "The policy resolutions enacted in Chicago all share the same underlying theme: don't tread on state turf."
Over the past two fiscal years, Congress has shifted more than $51 billion worth of costs to state budgets according to NCSL research. Programs such as No Child Left Behind, Medicaid, Medicare and the Individuals with Disabilities Education Act are all examples of federally-sanctioned endeavors that are costing states money. Additionally, Congress and the administration continue to propose legislation and regulations that would preempt current state laws and threaten state sovereignty.
Key NCSL policy resolutions enacted in Chicago include (sorted by NCSL's committee of jurisdiction):
Environment and Natural Resources (joint with Law and Criminal Justice)
- Takings and Land Use Authority: The U.S. Supreme Court decision in Kelo v. New London has created a flurry of activity in Congress on the issue of eminent domain. This policy resolution renews state legislatures' opposition to federal encroachment into what are state and local land use and zoning decisions. The policy also reaffirms state sovereignty under the 11th Amendment.
Health
Financial Services
- Financial Information Security: This amendment to NCSL's Financial Information Security policy tightens existing language regarding data security breaches. The amendment expresses NCSL's support of federal legislation that requires notification of individuals whose identifiable data has been breached when the breach creates a reasonable risk of identity theft.
Redistricting and Elections
- Redistricting: NCSL supports the right and enduring practice of state legislatures to conduct Congressional redistricting in accordance with the United States Constitution. This resolution expresses NCSL's opposition to any federal legislation that would mandate a particular method of redistricting on the states.
According to many state lawmakers, federal preemption and cost shifts have become a growing concern. Senator Rauschenberger said that his legislative colleagues are spending more time talking to their congressional delegations about federalism issues.
"State lawmakers would prefer to devote more time to working in partnership with Washington to craft effective, innovative pulblic policy rather than lobbying against Congress' power grab and fiscal irresponsibility," Rauschenberger said.
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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