August 24, 2006
State Lawmakers Take Stand Against Federal Preemption
Resolutions on drivers license security, telecommunications, energy enacted
NASHVILLE - State lawmakers at the National Conference of State Legislatures' 2006 Annual Meeting took a firm stand against federal intrusion on state policy last week, enacting several policy resolutions that will guide NCSL's lobbying activity in Washington, D.C.
Issues of particular concern this year were the REAL ID Act, telecommunications, homeland security, education funding and food labeling, among others.
"The federal government continues to place obstacles in the way of innovative state public policy," said Texas Senator Leticia Van de Putte, NCSL's newly elected president. "Federal preemption and unfunded mandates hamper state legislators' ability to meet the needs of their constituents. It is our hope that the policies enacted this week will send a message to our colleagues on Capitol Hill that their one-size-fits-all approaches to public policy is out of touch with the rest of the country."
NCSL's annual business meeting is an opportunity for state lawmakers from around the country to exchange ideas and debate issues being considered in Washington that will have an impact on state public policies.
Key resolutions enacted at the business meeting include:
Budgets & Revenue Committee
- Homeland Security and Emergency Preparedness: An Underfunded National Expectation: State lawmakers are concerned about the level of federal funding to state and local governments for homeland security and emergency preparedness. This policy proposes a "Partnership for Preparedness" that improves and maintains funding streams for homeland security, natural disaster preparedness and response.
Commerce, Technology and Interstate Commerce Committee
- NCSL Opposes Congressional Efforts to Preempt State Laws with Regard to Municipal Broadband Networks: This resolution expresses state lawmakers strong opposition to the federal government's intrusion in the regulation of municipal broadband networks.
Education Committee
- Federal Funding for Special Education: State lawmakers have long sought for the federal government to fulfill their promise to fund special education at 40 percent of the average per pupil expenditure. This resolution calls on Congress to do so and opposes efforts to eliminate Medicaid services for special education services.
- Federal Preemption of State Postsecondary Tuition Eligibility Requirements: This resolution calls for the amending or repeal of the Illegal Immigration Reform and Immigrant Responsibility Act that preempts state laws regarding postsecondary education benefits (in-state tuition) for immigrant students.
Energy and Electric Utilities Committee
- State Primacy in the Regulation of Used Oil and Gas: State legislators believe that the regulation of used oil and waste generated in oil and gas exploration is a state right and responsibility which should not be infringed upon by the federal government.
Environment and Natural Resources Committee
- Multi-Pollutant Legislation: This resolution expresses state lawmakers support for the implementation of the Clean Air Act Amendments of 1990 and urges Congress to act quickly on legislation that would further reduce emissions.
Executive Committee
- Immigration Reform: NCSL's Executive Committee policy on immigration reform endorses an approach to the issue that strikes a balance between preserving the safety and security of our nation, encouraging the economic strength of our states and communities and recognizing our history as a nation of immigration.
- Federal Preemption of State Authority Over National Guard: This resolution opposes attempts in Congress to give the president the authority to federalize the National Guard without the consent of the governor.
Health Committee
- Long Term Care: This policy advocates the development of a comprehensive, long-term care program for elderly and disabled people. State lawmakers believe that a long-term care program should be a state-federal partnership that would include the expansion of private long-term care insurance, incentives for employers to offer health savings accounts and assistance to family members who are caregivers.
- Medicaid Rulemaking Action Policy: State lawmakers are opposed to regulations being proposed by the federal government that would reduce federal support for the Medicaid program. Many changes have been submitted as legislative proposals but rejected by Congress. State lawmakers take particular issue with this back-door approach to policy making.
- Food Labeling: NCSL strongly opposes the enactment of the National Uniformity for Food Act, a measure which would preempt state food safety laws. In many cases, the federal standard would reduce the level of safety that a state has enacted.
Human Services and Welfare Committee
- Retaining States' Flexibility in TANF Regulations and Technical Corrections: This resolution expresses state lawmakers' concern with several provisions of new welfare reform regulations. Specifically, legislators are concerned with regulations that strip states of the flexibility that has been the hallmark of the program.
Law and Criminal Justice
- Federalism: State lawmakers renewed this policy which is a cornerstone of the National Conference of State Legislatures. This resolution urges Congress to allow states flexibility in any state-federal partnership and reminds them that state laws should never be preempted without significant justification.
Transportation Committee
- REAL ID: This resolution outlines state legislators' position on the regulations that the Department of Homeland Security is developing to implement the REAL ID Act. It reflects legislators’ concerns about federal unfunded mandates and urges repeal of the act if Congress does not provide full funding by December 31, 2007.
NCSL is the bipartisan organization that serves the legislators and staff 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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