[Congressional Record Volume 141, Number 124 (Friday, July 28, 1995)]
[Senate]
[Page S10900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                         ADDITIONAL STATEMENTS

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             THE NATIONAL CONFERENCE OF STATE LEGISLATURES

   Mr. SHELBY. Mr. President, I rise today to bring to the 
Senate's attention a resolution adopted by the National Conference of 
State Legislatures in opposition to the preemption of State tort law. 
The conference stated that ``no comprehensive evidence exists 
demonstrating either that State product liability laws have created a 
problem of such dimension that a Federal solution is warranted or that 
Federal legislation would achieve its stated goals.'' Mr. President, 
the conference went on to state that they ``strongly oppose[s] all 
legislation before Congress that would have the effect of preempting 
State laws regulating recovery for injuries caused by defective 
products.''
  I believe that the Senate would be wise to listen to position of the 
conference of State Legislatures, made up of legislators from all 50 
States. The Senate should not federalize our Nation's tort system and 
destroy over 200 years of State law. I urge my colleagues to heed the 
advice of our Nation's State legislators. I ask that a resolution 
adopted by the National Conference of State Legislatures be printed in 
the Record.
  The resolution follows:

 National Conference of State Legislatures Resolution Adopted July 20, 
                                  1995

       NCSL has reviewed proposed federal legislation that would 
     preempt state law by severely restricting the rights of 
     persons injured by defective products to seek recovery in 
     state courts. Such legislation fails to meet the standards 
     necessary for federal preemption.
       In particular, no comprehensive evidence exists 
     demonstrating either that state product liability laws have 
     created a problem of such dimension that a federal solution 
     is warranted or that federal legislation would achieve its 
     stated goals. NCSL believes that the proposed legislation 
     would create serious new problems in the field of product 
     liability by dictating a single set of rules controlling the 
     timeliness of claims and the admissibility of evidence. It 
     would conflict with long-standing state laws governing tort 
     liability, workers' compensation and insurance regulations. 
     By doing so, such proposals would place state legislatures 
     and state courts in an intolerable legal straightjacket.
       Therefore, in conformance with our general policy in 
     opposition to federal preemption of state law and in the 
     conviction that it is particularly improper for the federal 
     government to attempt to restrict citizen access to state 
     courts, the National Conference of State Legislatures 
     strongly opposes all legislation before Congress that would 
     have the effect of preempting state laws regulating recovery 
     for injuries caused by defective products.
     

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