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ALEC Model Legislation for the State

ALEC Model Legislation for the States

 

Restoring the Balance of Power

We have assembled ALEC Model Legislation and Resolutions that can be introduced at the state level to encourage a return to the proper balance of power between the state and federal governments. These pieces are divided by issue area, and we hope they will prove valuable to you in your efforts to reassert state sovereignty.

Federal Relations

Resolution Reaffirming Tenth Amendment Rights 

This Resolution serves as a notice to the federal government of state resolve to maintain the state/federal balance of power as described in the U.S. Constitution, this Resolution can be tailored to specific states.

Resolution Requesting U.S. Congress to Enact Legislation that Requires Congress to Specify the Constitutional Authority for the Enactment of Laws

This Resolution petitions the U.S. Congress to enact legislation that prohibits federal agency rules or regulations from preempting or otherwise interfering with state or local powers without express statutory authority.

State Regulatory Responsibility Act

This Act clearly establishes the role of the state agency when confronted with attempted intrusive and unauthorized actions by the federal government representatives. The purpose of the Act is to ensure the division of governmental responsibilities between the federal government and the states under the principles of “federalism,” so those state agencies are free to implement their powers without unauthorized federal interference.

Civil Justice

Resolution Urging Congress to Enact the Federal Consent Decree Fairness Act

This Resolution urges Congress to enact the Federal Consent Decree Fairness Act to ensure that federal consent decrees are narrowly drafted, limited in duration, and respectful of state and local interests. Federal consent decrees are federal, court-ordered mandates pushed on state legislatures effectively thwarting their authority.

Commerce and Transportation

ALEC’s Recommendation for 2009 Transportation Reauthorization

This Resolution urges the U.S. Congress to increase funding for federal-aid surface transportation programs and to provide states enhanced funding flexibility without additional responsibilities, preemption of state law, or unfunded mandates.

Resolution Opposing Federal Mandates on Unemployment Insurance

This Resolution opposes forcing states, as a condition of federal funding, to change state unemployment insurance laws. It also counters measures that would change state unemployment insurance into a federally controlled public assistance social welfare program.

Elections

Resolutions in Support of the Electoral College

The current Electoral College system respects small states, rural areas, and the principle of federalism, and this Resolution calls on states to recognize it as the best way to elect the President of the United States.

Resolution Opposing Federal Takeover of State Election Procedures

This Resolution opposes federal unfunded mandates in the administration of elections.

Environment and Land Use

Eminent Domain Authority for Federal Lands Act

This Resolution authorizes the state to exercise eminent domain authority on property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the U.S. Constitution.

Sagebrush Rebellion Act

This Resolution establishes a mechanism for the transfer of ownership of unappropriated lands from the federal government to the states.

State Sovereignty for Air Quality and Visibility Act

This Act reaffirms the right of relevant state departments to evaluate which activities of the federal government are adversely impacting visibility and air quality and determine if anything is being done to remedy the impact. At any time the state may make reasonable requests for information necessary for the state to enact regulations to combat the problem.

State Sovereignty through Local Coordination Act

In instances where the federal or state government imposes a law or regulation that is more restrictive than a local law or regulation, this Act gives city and town governments the authority to demand that the federal or state government coordinate its law or regulation with that of the local government.

Health

Freedom of Choice in Health Care Act

This Act states that the legislature may not compel anyone to participate in any health care system or plan. It also prohibits the imposition of penalties or fines on any person for choosing to obtain or decline health care coverage or for participating in any particular health care system or plan.

Patients First Medicaid Reform Act

This legislation would put patients in charge of their care and provide them with incentives to control their medical dollars. Although not spelled out in the legislation itself, as with all waivers and model legislation, it can be a narrowly targeted pilot program or a full-scale effort to reform the state’s entire Medicaid system, as in Rhode Island. This Act consolidates and updates ALEC’s Access to Medicaid Act, which offers vouchers for private insurance coverage, as well as ALEC’s Market Based Medicaid Reform Act, which establishes consumer-directed medical accounts.

Resolution on Medicaid Funding Through a Federal Block Grant

This Resolution supports the adoption of Federal Medicaid and Welfare Block Grants which would transfer both the financial authority and decision making power to the states to operate the programs as they see fit.

Resolution on Preserving State’s Rights to Regulate Health Insurance

This Resolution urges Congress not to institute federal review, oversight, or preemption of state health insurance laws. Congress is considering legislation that would impose restrictions on the states’ ability to regulate health plans, including an override of already adopted state policies. The creation of a new federal system of regulation for health insurance would be inefficient, unnecessary, not cost-effective and further burden the health care delivery system.

Tax and Budget

Resolution Urging Congress to Reject Authorization of the Streamlined Sales Tax Project

This Resolution urges Congress to reject SSTP which would violate the constitutional principles of federalism and state sovereignty by diluting the power of state officials to shape and manage tax policy.

Education
Finance
The Public School Financial Transparency Act
   
Higher Education
Academic Bill of Rights for Public Higher Education Resolution
Resolution Supporting Quality Higher Education
Academic Bill of Rights for Public Higher Education Act
Resolution Supporting Training and Continuing Education for Higher Education Governing Boards
Higher Education Sunshine Act
Resolution Supporting United States History Education
College Funding Accountability Act
140 Credit Hour Act
College Savings Account Act
College Opportunity Fund Act
English Fluency Among Lectures in State Institutions
Inclusive College Savings Plan Act
Higher Education Accountability Act
Credit Articulation Agreements Act
Intellectual Diversity in Higher Education Act
Higher Education Scholarships for High School Pupils Act
The Lifelong Learning Accounts Act
Higher Education Accountability Act
Resolution Calling for Greater Productivity in American Higher Education
Resolution in Support of Private Sector Colleges and Universities
Resolutions Urging Congress
Individuals With Disabilities Education Act Resolution
Resolution on Title 1 of the Elementary and Secondary Education Act
Proposed Resolution on Straight A””s: Academic Achievement for All
   
School Choice
Charter Schools Act
The Family Education Tax Credit Program Act
Education Enterprise Zone Act
The Foster Child Scholarship Program Act
Family Education Savings Act
Autism Scholarship Program Act
Great Schools Tax Credit Act
Virtual Public Schools Act
Military Family Scholarship Program Act
The Innovation Schools and School Districts Act
Next Generation Charter Schools Act
Resolution Supporting Private Scholarship Tax Credits
Parental Choice Scholarship Accountability Act
The Smart Start Scholarship Program
Parental Choice Scholarship Program Act (Means-Tested Eligibility)
The Student-Centered Funding Act
Parental Choice Scholarship Program Act (Universal Eligibility)
Online Learning Clearinghouse Act
Parental Choice Scholarship Program Act (Universal eligibility, means-tested scholarship amount)
Special Needs Scholarship Act
Parental Choice Scholarship Tax Credit Accountability Act
Open Enrollment Act
Parental Rights Amendment
Parent Trigger Act
School Board Freedom to Contract Act
The A-Plus Literacy Act
Student Curriculum and Protection
Channel One Resolution
The Personal Financial Literacy Act
Civic Literacy Act
Protection of Minors’ and Students’ Rights Act
Common Sense in Medicating Students Act
Student Right to Learn Act
Education Accountability Act
Resolution on Non-Verified Science Curriculum Funding
Full Faith and Credit for Properly Constructed IEPs Act
Resolution Supporting the Principles of No Child Left Behind
Longitudinal Student Growth Act
Resolution Urging Health, Nutrition, and Physical Education
One-to-One Reading Improvement Act
Founding Principles Act
Teacher Certification, Quality, and Right to Know
Alternative Certification Act
Teacher Choice Compensation Act
Career Ladder Opportunities Act
Teacher Quality and Recognition Demonstration Act
National Teacher Certification Fairness Act
Teachers’ Right to Know
Public School Employee Union Release Time Act
Great Teachers and Leaders Act
School Collective Bargaining Agreement Sunshine Act
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