The most recent effort to jam federal metals theft legislation through the U.S. Senate this month got a significant and public rebuff from state lawmakers who urged senators to slow down and consider the unnecessary and detrimental implications a federal law could have on the states.
In a June 11, 2015 letter to Senator Amy Klobuchar issued by the National Conference of State Legislatures (NCSL), the association representing all 50 state legislatures, NCSL made its strongest statement yet on the subject indicating that a federal metals theft law is not warranted.
The bi-partisan letter signed by NCSL President Nevada State Senator Debbie Smith (D) and incoming NCSL President Utah Senator Curt Bramble (R), recited policy concerns with the over-federalization of metals theft and the enforcement complications that would likely arise with another layer of regulation over that of state law. Pointing out the fact that all 50 states have enacted some form of metals theft law, NCSL commented on how each state law differs based on the particular needs and circumstances of the individual states. It also recited a concern that the Klobuchar legislation could preempt some state laws as well as hinder the work that is underway in the states to battle this problem of metals theft.
In addition to the preemption issue, NCSL raised unique arguments on the negative impact federal legislation could have on state enforcement efforts. Specifically, NCSL stated that a federal law on metals theft “raises the concern of diversion of state penalty money from the state to the federal treasury” and “the enforcement sections of [the Klobuchar] bill undermine state authority by requiring state attorneys general to file burdensome notice requirements to their federal counterparts and these provisions are completely unnecessary as states have been actively engaged in curtailing metals theft on the state level for years.”
The letter was circulated via email to all U.S. Senators and personally delivered to Senator Klobuchar’s office by NCSL on June 11 during the NCSL national “fly-in” at which state legislators were on Capitol Hill to discuss state policy matters with their federal legislators. To learn more about the genesis of this letter or ISRI’s partnership and work with NCSL, contact Danielle Waterfield.