April 6, 2006
Federal Preemption of State Authority a Disturbing and Growing Trend
State lawmakers characterize regulatory preemptions as pandemic
WASHINGTON, D.C. - Attempts by unelected, federal regulators to summarily preempt state laws is a backdoor way to impose the will of special interests on state public policy, state lawmakers said at a press conference today.
"Federal preemption of state authority is a growing concern," said Georgia Senator Don Balfour, chair of the National Conference of State Legislatures' Standing Committees. "These unwarranted power grabs by the federal government subvert the federal system, choke off innovation and ignore diversity among states."
Of particular concern to state legislators is the rise of federal preemptions through the regulatory process. State lawmakers say that federal regulators are preempting state laws without even giving states an opportunity to comment on the regulations.
"Federal regulatory preemption is nothing more than a backdoor, underhanded means by which unelected federal bureaucrats impose their will on the states," said New York Senator Michael Balboni, a member of NCSL's Executive Committee. "No single, unelected individual should be able to wield such power with the stroke of a pen."
State legislators point to a rule proposed by the National Highway Transportation Safety Administration designed to improve automotive roof-crush standards. The proposed rule would preempt all state common and product liability laws which hold automobile manufacturers to a stricter standard than prescribed in the regulations.
A study commissioned by state lawmakers says that the federal preemptions contained within the NHTSA rule will cost states $60 million per year. The report indicates that while the automotive industry gets immunity from state tort claims through the issuance of the rule, states get higher costs to care for those who become permanently disabled and have no recourse to recover their medical costs.
NCSL also released an updated Preemption Monitor, a document designed to draw attention to congressional proposals that usurp state authority. The latest edition highlights 72 bills or amendments that would step on the toes of state policy makers. This represents a 35 percent increase over the number of bills and amendments in the previous Preemption Monitor issued in January 2006.
"Federal preemption is nothing more than a one-size-fits-all approach to public policy," said NCSL President-elect and Texas Senator Leticia Van de Putte. "Our federal system of government was designed so that each state could address the needs of its own people. These blanket solutions to multi-faceted problems just don't work."
State lawmakers will spend the next three days at NCSL's annual Spring Forum discussing federal preemption in several policy areas. Legislators will consider policy resolutions that will shape NCSL's anti-preemption lobbying activity on Capitol Hill and the administration.
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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Listen to the Press Conference