Model Legislation

The Exchange Council provides a unique opportunity for state legislators, business leaders and citizen organizations from around the country to develop model policies based on academic research, existing state policy and proven business practices. Included below are all model policies supported by the American Legislative Exchange Council. These policies are the result of task force research and debate, and are intended as academic documents for individual study. While these policies are meant to support pro-growth, state-based solutions, one size does not fit all, and legislators have the opportunity to determine—in consultation with their constituents—what works best for their communities.

In May 2014, Exchange Council members met in Kansas City to discuss and debate new model policies. To see a list of the newly adopted policies from the 2014 Spring Task Force Summit, please click here.

Read more about the Exchange Council 2013 priorities for the states: ALEC 2013:  Jobs, Innovation, and Opportunity in the States.

All model policies are subject to review and reaffirmation every five years.

21st Century Commercial Nexus Act

 21st Century Commercial Nexus Act  Summary The productivity enhancing gains of the “new economy” have led to unprecedented levels of economic growth in the United States. The Internet and other telecommunications services allow business and consumer to conduct transactions in seconds, even though they may be located thousands of miles apart. And yet, under the rules of the “old economy,” the technology of the “new economy” threatens to make many consumers and businesses subject to taxation in multiple jurisdictions. State governments must act now to protect the “new economy” from over-regulation. States can accomplish this by adopting bright line rules […]

72- Hour Budget Review Act

 72- Hour Budget Review Act Section 1. {Title} (A) This Act shall be known and may be cited as the “72-Hour Budget Review Act.” Section 2. {Statement of Purpose} (A) The Legislature finds that public participation in the legislative process improves the quality of proposed legislation by allowing the opportunity for its detailed review by interested parties. The opportunity for a detailed review by the public prior to hearings or votes on legislation helps increase public trust in government and enhances respect for the Legislature by ensuring that its operation is conducted with the openness, order, and dignity befitting [insert […]

Resolution Calling for a Federal Balanced Budget Amendment

 Resolution Calling for a Federal Balanced Budget Amendment Summary It took the United States 205 years to fall $1 trillion in debt. By the end of 1992, the national debt was over $4 trillion. Each baby born in the United States today enters the world owing $40,000 on the federal debt. Our country is approximately $13 trillion in debt. We are on a path that will lead to almost $20 trillion in debt by 2015. The debt is now 89 percent of the total country’s production, or GDP. Our debt level is expected to surpass GDP by 2012, which means […]

Resolution in Support of Energy Security, Production, Distribution, Environmental Protection and Economic Growth in the United States

Whereas, energy affects all aspects of American life and is indispensable for quality of life, economic growth, and the sustainability of modern society, and Whereas, access to energy and the supply of energy will only become more important in the future as energy demand continues to increase, and Whereas, according to the U.S. Energy Information Administration, overall energy consumption in the United States will grow by 14 percent between 2008 and 2035, electricity demand will increase by 30 percent, and demand for liquid transportation fuels such as gasoline and diesel will increase by nearly 14 percent, and Whereas, the American […]

Resolution Supporting Efforts of Telehealth Working Group

 Resolution Supporting Efforts of Telehealth Working Group WHEREAS, the cost of healthcare has grown an average of 2.4 percent faster than GDP since 1970 and currently represents 18 percent of the United States’ total GDP; and WHEREAS, the lack of access to health care in rural areas is contributing significantly to these increasing costs; and WHEREAS,  21 percent of the American population lives in rural areas, but only 11 percent of medical specialists practice in those areas, which frequently results in patients in these areas being dramatically underserved; and WHEREAS, an integrated National medical response capability is essential to assist […]

Resolution to Align Pay and Benefits of Public Sector Workers with Private Sector Workers

 Resolution to Align Pay and Benefits of Public Sector Workers with Private Sector Workers Model Resolution WHEREAS, states will have faced $296.6 billion in budget gaps between fiscal year 2009 and fiscal year 2012, and WHEREAS, states will face $127.4 billion in budget gaps for the remainder of fiscal 2010, fiscal 2011, and fiscal 2012, and WHEREAS, the U.S. Supreme Court has ruled it permissible for states to modify contractual obligations for a significant and legitimate public purpose, such as the remedying of a broad and general social or economic problem WHEREAS, states face approximately $3 trillion in unfunded pension […]

Resolution Upholding Longstanding Policy Maintaining Agriculture Commodities and Product Comprehensiveness of US Trade Agreements

 Resolution Upholding Longstanding Policy Maintaining Agriculture Commodities and Product Comprehensiveness of US Trade Agreements Summary This resolution urges those negotiating trade frameworks on behalf of the United States of America to ensure that these frameworks are comprehensive and that no commodities or agricultural products be “carved out” in the name of public policy. Model Resolution WHEREAS, the American Legal Exchange Council (ALEC) recognizes that the Jeffersonian ideals of free markets, limited government and federalism form the essence of the success of this union of states; and WHEREAS, free trade is a boon to the economic success of the United States by extending […]

A Resolution Concerning Tax Treatment of Affiliated Reinsurance

A Resolution Concerning Tax Treatment of Affiliated Reinsurance  Summary The Resolution lays out the importance of offshore affiliated reinsurance in risk-spreading and management throughout the insurance business.  The Resolution opposes new taxes on reinsurance which would reduce its supply and raise prices for consumers and business which use primary insurance. Model Resolution WHEREAS, reinsurance plays a vital role in managing and spreading risk for companies in nearly all segments of the insurance business; and WHEREAS, as a means of managing capital, all large insurers make use of “affiliated” reinsurance purchased from companies within the same group; and WHEREAS, such affiliated […]

A Resolution Concerning the Use of Credit Information in Personal Insurance

A Resolution Concerning the Use of Credit Information in Personal Insurance  Summary This resolution opposes any state laws or regulations that ban or impose significant limits on the use of credit information in personal insurance rating and underwriting decisions. Model Resolution WHEREAS, insurance is the most important area of economic activity regulated almost entirely at the state level in the United States and; WHEREAS, a functioning insurance market depends on the fair, effective use of data relevant to risk; WHEREAS, studies by the Federal Trade Commission, the Texas Department of Insurance, and academic researchers at the University of Pennsylvania and […]

A Resolution on Network Neutrality

A Resolution on Network Neutrality WHEREAS, it is the mission of the American Legislative Exchange Council (ALEC) to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, ALEC recognizes the unprecedented advances a free and open Internet has fostered across all aspects of end user customers’ lives, and WHEREAS, the exponential growth of the Internet has flourished as a result of both the government’s ‘hand’s off’ approach, ever increasing competition, as well as fierce consumer interest, and WHEREAS, regulation of the Internet may interfere with future investment and innovations benefiting the health and well-being […]

A Resolution Opposing Government Intervention in the Multichannel Video Programming Distribution Marketplace Through A La Carte or Tiering Requirements

A Resolution Opposing Government Intervention in the Multichannel Video Programming Distribution Marketplace Through A La Carte or Tiering Requirements WHEREAS, it is the mission of the American Legislative Exchange Council to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, ALEC believes that a competitive marketplace, not multiple layers of regulation, will most efficiently drive the price and diversity of programming available to consumers in the multichannel video marketplace, and WHEREAS, the multichannel video programming industry is essential to the nation’s economy, commerce and technological growth, and imposing government-mandates on the way this industry […]

A Resolution Regarding the Regulation of Broadband Information Services in Innovative and Expanding Competitive Markets

A Resolution Regarding the Regulation of Broadband Information Services in Innovative and Expanding Competitive Markets WHEREAS, it is the mission of the American Legislative Exchange Council to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, broadband information services sector is critical to growing the nation’s economy, enhancing quality of life through new and innovative applications, and enabling greater job creation, and WHEREAS, the rise of private investment in broadband technologies has dramatically transformed the way consumers work, live, learn, and conduct their daily lives, and WHEREAS, ALEC believes that innovation, private investment, and […]

A Resolution Relating to Residual Markets and Reinsurance Funds

A Resolution Relating to Residual Markets and Reinsurance Funds WHEREAS, some states have established government-run reinsurance programs (“catastrophe funds”) in an attempt to reduce insurance premiums; WHEREAS, some states have established government-run residual homeowners’ insurance markets, including “beach plans,” and “wind pools,” and “insurers of last resort” intended to provide high-premium coverage for those unable to obtain coverage otherwise in the private market; WHEREAS, government-imposed price controls on insurance products make it difficult for many private companies to offer insurance and still meet obligations to shareholders and policyholders; WHEREAS, state-run insurance companies that offer subsidized insurance products oftentimes fail to […]

A Resolution Supporting Additional Commercial Spectrum

A Resolution Supporting Additional Commercial Spectrum Summary For the purpose of urging Congress to continue to deploy commercial spectrum on a predictable, expedient basis, with no government intervention in the form of excessive regulation, fees or taxes and allowing free market principles of consumer demand to dictate the efficient use of all commercial spectrum. Model Resolution WHEREAS for the first time in United States history, at the end of 2011, the number of total wireless subscriber connections (316 million) has surpassed the population (315.3 million) of the United States and its territories (Puerto Rico, Guam and the U.S. Virgin Islands);[i] […]

A Resolution Supporting the Development of an Updated National Spectrum Policy That Expands Unlicensed Access to Spectrum in the 5GHZ Band to Meet Increased Demand for Wireless Broadband Technologies

A Resolution Supporting the Development of an Updated National Spectrum Policy That Expands Unlicensed Access to Spectrum in the 5GHZ Band to Meet Increased Demand for Wireless Broadband Technologies WHEREAS, the rapid deployment of Wi-Fi offers significant benefits to the public; and WHEREAS, every day we see remarkable new uses for Wi-Fi that provide consumers with convenient and cost-effective connectivity, businesses with new opportunities and those in need with access to publicly available connections; and WHEREAS, schools, public safety organizations and emergency responders increasingly will depend on fast and reliable Wi-Fi every day; and WHEREAS, <Insert Name> agrees that the […]

Access to Financial Services for Unbanked and Underbanked Consumers

Access to Financial Services for Unbanked and Underbanked Consumers WHEREAS, there is a substantial population of American consumers that do not have access to traditional sources of consumer credit or banking services, and WHEREAS, consumers that do not have or maintain traditional bank accounts are considered “Unbanked”, and WHEREAS, consumers that have limited or insufficient credit files are considered financially “Underbanked”, and WHEREAS, estimates indicate that over 75 million American consumers are considered to be Underbanked or Unbanked, and WHEREAS, this constitutes approximately one out of every three adult consumers, and WHEREAS, financial products and financial companies serving these consumers, […]

Admissibility in Civil Actions of Nonuse of a Seat Belt Act

Section 1.  {Short Title} This Act is titled and may be known as the Admissibility in Civil Actions of Nonuse of a Seat Belt  Section 2. In any civil action, a violation of [the mandatory seatbelt usage statute] shall not establish negligence as a matter of law or negligence per se for comparative fault purposes, but such violation may be considered in a civil action as evidence of comparative negligence or as evidence of failure to mitigate damages and such evidence may serve to reduce liability based upon an apportionment of damages as to the extent of the injury caused […]

Advanced Voice Services Availability Act of 2007

Advanced Voice Services Availability Act of 2007 Summary The purpose of this legislation is to promote the availability of competitive advanced voice services, such as Voice over Internet Protocol (VoIP) services, to all consumers and businesses in [state] by establishing a common-sense regulatory framework that promotes choice and competition. Model Legislation Section 1. {Title} This bill may be referred to as the Advanced Voice Services Availability Act of 2007. Section 2. {Purpose} The purpose of this legislation is to promote the availability of competitive advanced voice services, such as Voice over Internet Protocol services, to all consumers and businesses in […]

Affordable Health Insurance Act

Affordable Health Insurance Act Model Policy Section 1. Short Title.  This Act may be cited as the “Affordable Health Insurance Act.” Section 2.  Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under {insert appropriate provision of state law} with respect to references to the practices of illegal inducements, unfair discrimination, and rebating. Section 3. (A)  There shall be no required relationship between preferred provider and […]

Affordable Housing Tax Credit Act

Affordable Housing Tax Credit Act Summary In order to increase the supply of low income housing, this act provides a tax credit for business firms that invest in low-income rental housing production within the state. Model Policy {Title, enacting clause, etc.} Section 1. The legislature hereby finds and declares that the inadequate supply of sales and rental housing units for persons and families of low income, the deterioration of older dwellings, the elimination of substandard dwellings by governmental action, and a shortage of suitable housing for elderly and disabled individuals threaten the welfare of the citizens of this state. The […]

After-Market Crash Parts Act

After-Market Crash Parts Act Summary Since only bodily injury claims are litigated, no-fault insurance only saves money in the bodily injury component of insurance premiums. However, savings can be achieved in the property damage component of premiums, as well. Often, the price of a replacement part reflects whether or not the original manufacturer has competition from a non-original manufacturer. Naturally, insurers have sought to utilize these less expensive non-original equipment manufacturer crash parts (fenders, quarter panels, hoods, etc.), and as the market develops, it is likely that its beneficial effect will be seen through the lowering of the costs to […]

Agriculture Bio-Security Act

Agriculture Bio-Security Act  Purpose This Act provides civil liability and criminal sanctions against the intentional acts of damaging or destroying any field crop or food product that is subject to testing or product development conducted under contract with a state college, university or other federal, state or local government agency. This Act includes those food products undergoing field testing by private sector corporations. Section 1. {Short Title} This Act shall be known as the Agriculture Bio-Security Act. Section 2. {Definition} For the purposes of this act, Product is defined as: field crops, forests, livestock including poultry and aquaculture, and any […]

ALEC Agriculture Principles

Introduction The proper role of government involvement in agriculture is to limit and remove barriers for agricultural production, trade, and consumption throughout our innovative food system. In developing public policy options for agriculture, forestry, and related sectors, policymakers should recognize that the United States currently possesses the safest, highest quality, and most innovative food system in the world. Global demand for agricultural and forest products are expected to increase substantially in the coming decades, and legislators should seek policy options that will allow our system of high-yield, modern agriculture to flourish in order to help meet this demand while meeting environmental and land use challenges. ALEC also […]

ALEC Chemical Policy Principles

ALEC Chemical Policy Principles Mission: To promote human progress, health, and safety by advancing a free-and-open marketplace in which competition and innovation guide the development and application of valuable chemical products. Introduction Free markets and resulting competition has advanced the development of numerous chemical technologies that provide critically important benefits to society. Market disciplines supported by well-functioning legal systems ensure that private companies have substantial incentives to ensure public health and safety and that the benefits of their products far outweigh any risks. Chemicals in consumer products pose very low risks. The best available evidence indicates that the risks associated […]

ALEC Electricity Transmission Principles

Mission Energy production and transmission are critical components of our nation’s economic infrastructure. For economic growth to continue, the expansion and protection of our electricity transmission infrastructure system must be a priority of the states and nation. To that end, the state governments and federal government must provide regulatory flexibility that recognizes state sovereignty and individual property rights. Purpose To ensure that the electricity transmission system is coordinated in a manner that satisfies current needs and future growth, and that provides energy consumers with the necessary levels of system security, overall reliability, and access to the most economic and diverse sources of electricity. Introduction The U.S.’s electricity […]

ALEC Energy Principles

Mission: To define and promote a comprehensive strategy for energy security, production, and distribution in the states consistent with the Jeffersonian principles of free markets and federalism. Introduction: A National Energy Strategy Energy affects all aspects of American life. It is indispensable for economic growth. Access to energy and the supply of energy will only become more important in the future as energy demand continues to increase. Energy Use Will Continue to Grow. According to the Energy Information Administration (EIA), overall energy consumption in the United States will grow by 14 percent between 2008 and 2035 increasing from 100 quadrillion […]

ALEC Principles of Taxation

ALEC Principles of Taxation The proper function of taxation is to raise money for core functions of government, not to direct the behavior of citizens or close budget gaps created by overspending. This is true regardless of whether government is big or small, and this is true for lawmakers at all levels of government. Taxation will always impose some level of burden on an economy’s performance, but that harm can be minimized if policymakers resist the temptation to use the tax code for social engineering, class warfare and other extraneous purposes. A principled tax system is an ideal way for […]

ALEC Resolution Opposing Overregulation of Payroll Cards

ALEC Resolution Opposing Overregulation of Payroll Cards Summary Payroll cards provide a safe, convenient, and cost-effective method of wage payment for both employees and employers—bringing underserved citizens into the financial mainstream. Existing laws on payroll cards provide important consumer protections. This resolution opposes recent efforts to over-regulate payroll card laws, such as unreasonable mandates on employers to provide programs that require free banking services which will ultimately increase the cost of payroll card provision, reduce the likelihood of their use, and consequently, their benefits. Model Resolution WHEREAS, a payroll card is a reloadable prepaid card issued to an employee by […]

ALEC Resolution Opposing State and Local Mandates Requiring Warning Labels on Wireless Devices and Packaging

ALEC Resolution Opposing State and Local Mandates Requiring Warning Labels on Wireless Devices and Packaging Summary For the purpose of opposing state and local legislation and regulations that would require either health-related warning labeling, including but not limited to specific absorption rate levels, on wireless devices and packaging, or mandate disclosure of any health-related information about wireless devices at the point-of-sale. Model Resolution WHEREAS the Federal Communications Commission (FCC) has set limits on public exposure of radiofrequency (RF) energy absorbed by users of wireless devices; WHEREAS these limits are given in terms of a unit referred to as the Specific […]

ALEC Statement of Principles on Road Transportation Financing

ALEC Statement of Principles on Road Transportation Financing Preamble: Government policy should encourage a market-driven highway system, one that responds to the needs of users, on a user-pays basis. Traffic congestion imposes enormous costs on the U.S. economy. Because of future deficits in the Highway Trust Fund, the federal government will be unable to adequately fund needed improvements for our roads. Hence, innovative financing methods, such as public-private partnerships, have a vital role to play in solving our current transportation problems. Private investment in highway projects generates new sources of money, ideas, and efficiency. 1. [insert state here] supports tolling of single […]

ALEC’s Statement of Principles on Fixing State and Local Government Defined-Benefit Plans

ALEC’s Statement of Principles on Fixing State and Local Government Defined-Benefit Plans Summary To solve the funding crises in state and local defined-benefit plans for public employees {insert state} recommends that defined-benefit plans be replaced by defined-contribution plans.  However, should a state or locality choose to continue with a defined-benefit model, the following reforms are designed to fix the cost and labor market problems defined-benefit plans tend to create: Primary Reforms Cap employer cost to a maximum amount of salary state will pay towards employee benefits Require the full ARC (or Normal Cost) of the plan to be paid each calendar […]

ALEC’s Balanced Budget Amendment Policy

ALEC’s Balanced Budget Amendment Policy Summary These amendments provide an Article V Constitutional convention process in order to discuss adopting a Balanced Budget Amendment to the U.S. Constitution. Model Legislation {Title, enacting clause, etc.} For a Convention to Propose a Balanced Budget Amendment Be it resolved by the legislature of the State of {insert name}: Section 1. The legislature of the State of {insert name} hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing an amendment to the Constitution of […]

Alternative Certification Act

Alternative Certification Act Summary Teacher quality is crucial to the improvement of instruction and student performance.  However, certification requirements that correspond to state-approved education programs in most states prevent many individuals from entering the teaching profession.  To obtain an education degree, students must often complete requirements in educational methods, theory, and style rather than in-depth study in a chosen subject area.  Comprehensive alternative certification programs improve teacher quality by opening up the profession to well-educated, qualified, and mature individuals.  States should enact alternative teacher certification programs to prepare persons with subject area expertise and life experience to become teachers through […]

Alternative Dispute Resolution Act

Summary The Multi-Door Courthouse Act provides parties to a lawsuit with choices for resolving their dispute that save time and money, when compared to formal court proceedings, by encouraging alternative dispute resolution (ADR) procedures – limited discovery, confidential proceedings, and nonjudicial assistance in evaluating the parties’ claims. The Alternative Dispute Resolution Act permits the parties to choose from a variety of alternative dispute mechanisms, including early neutral evaluation, mediation, arbitration, minitrial, and summary jury trial. Although the parties may elect from an assortment of ADR procedures, they are not required to do so. This voluntary approach avoids the danger of […]

Alternative Method of Court Appearances Act

Alternative Method of Court Appearances Act Summary This bill would designate certain crimes as crimes with bail restrictions. Those crimes would include offenses such as murder, kidnapping, burglary, arson, drug-related crimes, racketeering and robbery. Under the bill, persons charged with a crime with bail restrictions would only be permitted to post bail in one of these forms: full cash; a surety bond executed by a licensed corporation, or a bail bond secured by real property. Model Policy Section 1. {Title} This act shall be known and may be cited as: An ACT concerning bail for persons charged with certain offenses. […]

An Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation

(A) Findings and Purpose. The Legislature finds that the planning and zoning authority granted to rural counties may encourage land use regulation which is overly centralized, intrusive and politicized. The Legislature further finds that rural counties, local elected officials and their citizens may reasonably prefer transitioning to a system of decentralized land use regulation based on restrictive covenants and the common law of private nuisance. Accordingly, the Legislature herewith intends to grant rural counties the legal authority to abandon their planning and zoning authority in order to transition to decentralized land use regulation consisting of restrictive covenants and the common law of private nuisance. (B) Legal Authority. Any […]

An Act Providing for the Detection and Prevention of Fraud, Waste, Abuse and Improper Payments in State Government

An Act Providing for the Detection and Prevention of Fraud, Waste, Abuse and Improper Payments in State Government Summary This Act would improve government efficiency and accountability by detecting and preventing fraud, waste, abuse and improper payments in state government. This Act would establish an Enterprise Fraud Program Office with the authority to develop and implement an automated fraud detection system across state agencies. Model Policy {Title, Enacting Clause, etc.} Section 1. {Legislative Findings} (A)  Fraud, waste, abuse and improper payments are pervasive, and often on the rise, in many government programs. (1)   According to The Centers for Medicare and […]

An Act Relating to Recovery Audits for Government Overpayments of Tax Dollars

Section 1. {Title} Section 2. {Statement of Purpose} (A) The Legislature finds that overpayments are a serious problem for state agencies given the magnitude and complexity of state operations. Overpayments waste tax dollars and detract from the efficiency and effectiveness of state operations by diverting resources from their intended uses. An overpayment occurs when an individual, vendor or other entity receives a government payment in error or in excess of the legal amount entitled. In order to improve the economy and efficiency of government operations, the state shall contract for recovery audits to recoup any overpayments made of state or […]

Anti-Phishing Act

Anti-Phishing Act Summary This Act will help ensure that phishing and pharming are illegal and that the state has the ability to prosecute the bad actors that prey on the residents of this state.  Phishing or Pharming are acts that defraud someone by using a false web site or pretending to be a legitimate business on the Web and fraudulently obtaining identifying information.  This act also enables lawsuits by Internet service providers and owners of web pages or trademarks that are used without authorization in the conduct of a violation.   It includes an immunity provision narrowly tailored to only those […]

Appeal Bond Waiver Act

Model Legislation Section 1. {Appeal Bond Waived} (A)    In any civil action in which a plaintiff obtains a judgment, the state supersedeas bond requirements shall be waived as to that portion of the judgment that exceeds $1,000,000 if the party or parties found liable seek a stay of enforcement of the judgment during the appeal. (B)     If the party seeking the appeal is a small business organized and doing business under the laws of this state, the state supersedeas bond requirements shall be waived as to that portion of the judgment that exceeds $100,000 while any appeals are pending. A […]

Application under Article V of the U.S. Constitution For a Convention to Propose a Balanced Budget Amendment and Further Fiscal Restraints

 Application under Article V of the U.S. Constitution For a Convention to Propose a Balanced Budget Amendment and Further Fiscal Restraints Summary The resolution will address a specific amendment to be voted on at an Article V Convention. The amendment would require that in the absence of a national emergency, total federal appropriations made by Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year. The presently out-standing applications in many states regarding balanced budget applications are considered of the same subject matter. They shall be included with those outstanding amendments […]

Asbestos and Silica Claims Priorities Act

Asbestos and Silica Claims Priorities Act Title __ of the [    ] Code is amended by adding Chapter __ to read as follows: Chapter __.  Claims Involving Asbestos or Silica Exposure Section 1. {Short Title} This chapter may be cited as the “Asbestos and Silica Claims Priorities Act.” Section 2. {Findings and Purposes} (A) Findings. – The legislature finds that- (1) Asbestos is a mineral that was widely used prior to the mid-1970’s for insulation, fireproofing, and other purposes; (2) Many American workers were exposed to asbestos, especially during World War II; (3) Long-term exposure to asbestos has been associated […]

Asbestos Claims Transparency Act

Asbestos Claims Transparency Act Model Policy Title __ of the [   ] Code is amended by adding Chapter ___ to read as follows: Chapter __.  Claims Involving Asbestos Exposure Section 1. {Short Title}  This chapter may be cited as the “Asbestos Claims Transparency Act.” Section 2. {Findings and Purposes}  (A) Findings. The legislature finds that:   (1) The United States Supreme Court has described asbestos litigation in this country as a “crisis”;   (2) Asbestos litigation has forced an estimated eighty-five employers into bankruptcy.  The rate of asbestos-driven bankruptcies has accelerated in recent years.  Between 2000 and 2004, there were more asbestos-related […]

Asbestos in Educational Facilities and/or Public Buildings Act

Summary ALEC’s model Asbestos in Educational Facilities and/or Public Buildings Act is designed to protect the public from unwarranted remedial asbestos actions that may increase the risk of asbestos exposure. Key components of the bill include: accreditation of consultants, contractors and workers, and regulation of levels of airborne asbestos in educational facilities and/or public buildings. Model Policy Section 1. {Title} This act shall be known and may be cited as the Asbestos in Educational Facilities and/or Public Buildings Act. Section 2. {Legislative findings and declarations} The Legislature finds and declares that: (A) Significant public concern exists about the presence of asbestos-containing construction materials in public buildings and […]

Asset Forfeiture Process and Private Property Protection Act

Asset Forfeiture Process and Private Property Protection Act Summary Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today.  Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—often without so much as charging you with a crime.  This model improves and expands upon ALEC’s “Comprehensive Asset Forfeiture Act” (2000). The “Asset Forfeiture Process and Private Property Protection Act” protects individual liberty and property rights by standardizing forfeitures across all crimes, simplifying procedures, and addressing  counterproductive incentives in the […]

Assumption of Risk Act

Summary In recent years, courts in some states have held that when the legislature adopted a comparative fault statute, which bases the award to the plaintiff on the defendant’s percentage of responsibility for the injury to plaintiff, the legislature abolished the defense of assumption of the risk. About half of the states do not recognize assumption of the risk as a defense to liability. As part of the civil justice reform effort, however, legislators in some states have introduced bills to affirm that assumption of the risk remains a defense to liability. Because courts in some states have abolished the […]

Audit Equity and Process Simplification Act

Audit Equity and Process Simplification Act  Summary  Typically, a state tax auditor does not review every transaction in an audited period.  Instead, the auditor uses a sample of transactions to ascertain an underpayment or “error rate.” The auditor then projects the error rate over the audited period to arrive at an amount of tax due. Auditors generally endeavor to review accounts that may include tax underpayments, as reviewing certain tax-paid accounts are not efficient.  Although this practice works well for assessments, it does not provide an equal opportunity to identify and obtain credits for taxes paid in error.  To procure […]

Automatic Income Tax Rate Adjustment Act

Automatic Income Tax Rate Adjustment Act Summary The Automatic Income Tax Rate Adjustment Act provides for a biennial reduction in the state adjusted gross income tax rate on residents, nonresidents, and corporation if year-over-year revenue from the adjusted gross income tax exceeds certain amounts. The Budget Agency shall make the determination before July 1 of each even-numbered year and for the rate reduction to take effect in taxable years beginning in the immediately following odd-numbered year. Model Legislation Section 1. {Adjustment Rate} (A) The tax rate of adjusted gross income imposed on residents, nonresidents and corporations is the same rate […]

Bail Agent Education and Licensing Act

Bail Agent Education and Licensing Act Summary This Act would establish a state bail bond regulatory board to monitor and license bail bondsmen. The Act would also set educational standards for licensed bail bondsmen and establish penalties and conditions for license revocation. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the Bail Agent Education and Licensing Act. Section 2. {Definitions.} As used in this Act: (A) “Applicant” means any person applying for a license hereunder. (B) “Bail bond” or “bond” means cash deposit and any similar deposit or written undertaking to ensure appearance. […]

Bail Bond Expiration Act

Bail Bond Expiration Act Summary This act would establish that a bail bond expires thirty-six months after it is posted if the bond has not been declared forfeited in the interim. Model Policy Section 1. {Title}  This Act may be cited as the Bail Bond Expiration Act. Section 2. {Definition} “An undertaking” means the issuance of a surety bail bond to insure appearance. Section 3.  {Expiration} (A). An undertaking is valid if it states: (1) the court where the defendant is to appear; (2) the amount of bail; and (3) that it was made before an official authorized to take the bond. (B). A surety […]

Bail Forfeiture Notification Act

Bail Forfeiture Notification Act Summary This act requires the court to send prompt notice of bail forfeiture to the surety, depositor of money, and bail agent posting the bond.   Model Policy Section 1: {Notification of Bail Forfeiture} (A) Upon a forfeiture of bail exceeding $400, the clerk of the court declaring such forfeiture shall, within thirty (30) days, send notice of the forfeiture via certified mail to, (1)  the bond surety or depositor of money posted as bail; and (2)  the bail agent listed on the bond; and (3) any other party to be notified in case of forfeiture listed […]

Bail Forfeiture Payments Act

Bail Forfeiture Payments Act Summary This Act requires a bail agent to pay all forfeiture judgments in a timely manner. No further bonds may be accepted from that agent anywhere in the state until the judgment is satisfied. This legislation intends to eliminate fly-by-night bonding practices. Model Policy Section 1. {Definitions} Section 2. {Forfeiture upon Failure to Appear} Upon the defendant having failed to appear at a required court appearance, the court shall declare the bail bond to be forfeited. The clerk of the court shall mail a notice of the forfeiture to both the surety and bail agent within […]

Bail Forfeiture Relief and Remission Act

Bail Forfeiture Relief and Remission Act Summary This Act grants a bail agent a remission period to recover a fugitive that has skipped bail, even after the time deadline for a bail agent to recover that person has passed and the bail agent has paid the forfeiture judgment. If the bondsman recovers the fugitive during the remission period, the bondsman can recover all or part of the forfeiture judgment paid. This bill is designed to enhance public safety by giving the bail agent a financial incentive to locate and recover the fugitive, in addition to serving both the interests of […]

Bail Fugitive Recovery Persons Act

Bail Fugitive Recovery Persons Act Summary This Act will create standards of operation for those individuals who act as a bail recovery agent. Model Policy Section 1. {Short Title} The article shall be known as the Bail Fugitive Recovery Persons Act. Section 2. {Definitions} For purposes of this article, the following terms shall have the following meanings: (A) “Bail fugitive” means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has […]

Balanced Budget Certification Act

 Balanced Budget Certification Act Summary Proposing a constitutional amendment requiring {Appropriate Statewide Elected Official Not Involved in Writing or Approving the State Budget} to estimate state revenues and certify that all spending proposed by the Legislature is funded with available revenue. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF {insert state}: Section 1. Article xx, {insert state} Constitution, is amended by adding Section xx to read as follows: Section xx: {Financial Statement and Estimate by {Appropriate Official}; Limitation of Appropriations} (A) It shall be the duty of the {Appropriate Statewide Elected Official Not Involved in Writing or Approving […]

Biotechnology Resolution

Biotechnology Resolution WHEREAS, biotechnology refers to any technique that uses living organisms or parts thereof to make or modify a product or plants, animals, or microorganisms for specific uses and has been used by humankind for thousands of years to improve plant, animals and microorganisms. WHEREAS, in the last three decades scientific advances in molecular biology have resulted in what is known as recombinant DNA technology or “genetic engineering” with the ability to readily move genetic material between more distantly related organisms. WHEREAS, pest and disease resistant crops developed through biotechnology will preserve and improve the environment by reducing the need for herbicides and pesticides. WHEREAS, […]

Biotechnology State Uniformity Resolution

Whereas, ALEC has stated its support for the responsible use of the beneficial qualities of agricultural biotechnology such as in improved crop production techniques, pharmaceuticals, anti-immune disease control, biodegradeable plastics, and other potential benefits to people intheir states, the nation, the world and the global environment through high-yield agriculturalproduction; and Whereas, Agricultural biotechnology is thoroughly regulated by the coordinated framework of three federal agencies working in cooperation with the fifty state governments to ensure health and safety for people, wildlife and the environment; and Whereas, These necessary and valuable tools are already well regulated and too important to American growers […]

Budget Reserve Account Act

Budget Reserve Account Act Summary To help protect a state from sudden, unanticipated revenue shortfalls, budget reserve accounts should be implemented. These special funds provide a cushion for states in the event of economic hard times. Instead of immediately raising taxes, borrowing money, or slashing budgets, the budget reserve account can be tapped. This Act calls for a constitutional provision to establish a budget reserve account where, within forty-five days after the end of any fiscal year, excess funds from the year are to be deposited. It limits the deposit to no more than 5 percent of estimated general fund […]

Business Activites Tax Simplification Act

Business Activities Tax Simplification Act Summary Direct state and local taxes on business, also known as “business activity taxes,” such as income, franchise, net worth, business license, business and occupation, single business, capital stock, and like taxes, impose great burdens on businesses engaged in interstate commerce. To ensure a healthy national economy, states need to simplify business activities taxes to ensure that only businesses with physical presence in a state will be required to remit these taxes. Model Legislation {Title, enacting clause, etc.} Section 1. {Short Title} This Act may be cited as the “Business Activity Tax Simplification Act.” Section […]

Business Exit Interview Act

Business Exit Interview Act Summary To require the Department of Development to compile a report of companies that relocated out of this state and to attempt to determine the motivation behind the relocations. Model Policy Section 1. {Short Title.} This Act may be cited as the Business Exit Interview Act. Section 2. (A) The director of development shall compile a report identifying companies formerly based in [insert state] that, beginning five years ago, relocated outside of this state. Information to be included in the report shall include, but not be limited to, all of the following: (1) The name of […]

Business Ombudsman Act

Business Ombudsman Act   {Title, enacting clause, etc.}  Section 1. {Short Title} This act may be cited as the Business Ombudsman Act Section 2. {Definitions} For purposes of this section, the term— (a) “Ombudsman” means the Business Ombudsman designated under section 3. (b) “Agency” means any government department, organization, board, commission, council, bureau, administrative tribunal, facility, institution or other governmental entity of (name of state), Section 3. {Ombudsman Enforcement Powers} (1) Not later than 180 days after the date of enactment of this act, the Governor shall appoint and the legislature confirm a Business Ombudsman, who shall report directly to […]

CAFR Accounting Responsibility Act

CAFR Accounting Responsibility Act Summary In order to provide accountability in state retirement systems, The Act applies standards similar to Sarbanes-Oxley to the principal executive and financial officers of the State. Officers are charged with certifying that the Comprehensive Annual Financial Report (CAFR) is, to the best of their knowledge, accurate. They are further required to establish effective internal controls for monitoring state retirement systems. Knowingly violating any provision of this Act shall result in a fine, imprisonment, or both. Model Policy {Title, enacting clause, etc.} Section 1 {Title} This act may be cited as the CAFR Responsibility Act. Section […]

Cancer Drug Donation Program Act

Cancer Drug Donation Program Act Model Policy Section 1. Title.  This Act shall be known as the “Cancer Drug Donation Program Act.” Section 2. Definitions.  For purposes of the Cancer Drug Donation Program Act, the following definitions apply: (A) “Cancer drug” means a prescription drug used to treat cancer or its side effects or used to treat the side effects of a prescription drug used to treat cancer or its side effects.  “Cancer drug” does not include drugs for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with federal […]

Capital Gains Tax Elimination Act

       Capital Gains Tax Elimination Act Summary Capital gains taxes, the tax on profits from investments, are detrimental to capital investment and economic growth. High capital gains taxes have devastated industries such as banking, housing, and real estate. The result has been reduced employment opportunities for all Americans – particularly the poor. Many economists believe that greater economic activity spurred by lower capital gains taxes will generate enough state tax revenues to pay for the revenue loss caused by the tax cut. This Act repeals all state taxation on capital gains of corporations and individuals. Model Legislation {Title, enacting clause, […]

Career Ladder Opportunity Act

Career Ladder Opportunity Act Summary Both merit pay and career ladder systems have at their roots the larger idea of a performance-based reward system, a concept of rewarding teachers in some manner for performance. The performance measured could be that of an individual teacher, a group of teachers, or the meeting of school-wide or district-wide goals. The reward is usually defined in dollars, but could include tuition assistance, sabbaticals, or other bonuses. Currently, many states and localities claim full implementation of career ladder/teacher incentive programs on a state level through teacher salary increases based on improved student performance, or by […]

Charity Health Care Tax Credit Act

 Charity Health Care Tax Credit Act  Summary This Act provides state tax credits for individuals ($1,000/year), families ($2,500/year), and nonprofit charity organizations (up to 75% of income tax liability) who provide healthcare services to the uninsured. Model Legislation Section 1. Title. This Act shall be known as the “Charity Health Care Tax Credit Act.” Section 2. Definitions. For the purposes of this Act: (A)  “Charity health care organization” means a nonprofit corporation supporting {insert number} charity health care clinics providing health care services to the uninsured and qualified as exempt from federal income taxation under Section 501(c)(3) of the Internal […]

Charter School Growth with Quality Act

Charter School Growth with Quality Act Summary The Charter School Growth with Quality Act would expand quality public education opportunities for all children by establishing a state public charter school commission to serve as an independent statewide charter authorizer. Model Legislation Section 1. {Legislative findings} (A) The Legislature finds that: (1) alternative designs of public schooling are needed to address the challenges of ensuring that more students graduate with the necessary skills and knowledge to succeed in life; and (2) current shortcomings and future global economy and information age require new models of delivering education at the individual student level, […]

Checks and Balances in Government Amendment

Checks and Balances in Government Amendment Article 1 Title. This article is known as the “Checks and Balances in Government Amendment.” Article 2 Denial of State Personnel and Resources to Unconstitutional Acts. A.  The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject. B.  To protect the people’s freedom and to preserve the checks and balances of the United States Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with […]

Child Protection Reporting Requirement Act

Child Protection Reporting Requirement Act Summary This Act requires that an individual representing the state or working for the state, in a position of authority over minors, who witnesses the physical or sexual abuse of a minor [as defined by the state] submits an oral or written report about the incident to local child protective services agency or the appropriate law enforcement agency, providing exceptions. Model Policy {Title, enacting clause, etc.} Section 1. {Title.} This Act may be cited as the “Child Protection Reporting Requirement Act.” Section 2. {Reporting of Abuse or Neglect – By Individuals Representing the State.} (A) […]

Citizens’ Right to Know: Pretrial Release Act

Citizens’ Right to Know: Pretrial Release Act Summary This Act demands that pretrial service agencies reveal their budgets and staffing, number and kind of release recommendations made, number of defendants released and under what type of bond, number of times a defendant has been released, his FTA record, and crimes committed while on release, and report the above in a timely and intelligible way and make it available to the public. This innovative ALEC model bill will provide a great service to the public by holding government agencies more accountable to taxpayers and potentially reducing crime. Model Policy Section 1.  […]

Civil Liability for Employers Hiring Ex-Offenders Act

Civil Liability for Employers Hiring Ex-Offenders Act  Summary This legislation would immunize employers who hire ex-offenders without a violent or sex offense from being sued on that basis alone. Model Policy {Title, enacting clause, etc.} Section 1. {Title.}  This Act may be cited as the “Civil Liability for Employers Hiring Ex-Offenders Act.” Section 2. {Limitations on Liability for Hiring Employee or Independent Contractor Convicted of a Nonviolent, Non-sexual Offense.} (A) A cause of action may not be brought against an employer, general contractor, premises owner, or other third party solely for hiring an employee or independent contractor who has been […]

Civil Rights Act

Civil Rights Act Summary The Civil Rights Act prohibits any state entity from discriminating or giving preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin. As a result, all set-aside contracts and affirmative action programs targeted at such individuals or groups would be void. Model Policy Section 1. {Short Title.} This Act shall be known as the Civil Rights Act. Section 2. {Legislative Declarations.} (A) The civil rights achievements of the 1960′s were designed to ensure that all citizens are treated in a race- and gender-neutral fashion. (B) Since it is […]

Class Actions Improvements Act

Class Actions Improvements Act Summary This Act makes several revisions to the basic class action statute or rule that has been adopted in some form by most states (i.e., Rule 23 of the Federal Rule of Civil Procedure).[i]  For the most part, the revisions clarify Rule 23 by making more explicit key interpretations of the rule that have been offered in recent years by federal (as some state) courts.  In particular, the Act tracks Rule 23, principally making five changes that states could adopt in an effort to achieve modest (but significant) improvements to their statutes and/or court rules governing […]

Climate Accountability Act

Section 1. {Intent}  The legislature finds that in order to improve efficiency and the use of scarce resources, the state must receive the greatest return on the environmental investments it makes. Projects that do not return the expected environmental benefits waste not only the funds given to the project but also prevent funding from being available for projects that would have a positive environmental impact. The legislature additionally finds that reliable information and accountability are critical to ensuring that environmental projects are effective. By setting clear goals, the state can determine what projects best promote environmental sustainability and allow the state to hold contractors and agencies accountable […]

Clinical Trial and Results Registries Act

Clinical Trial and Results Registries Act Model Legislation Section 1. Short Title.  This Act shall be known as the “Clinical Trial and Results Registries Act.” Section 2. Summary.  This bill establishes an agreement for {insert state} to adopt and abide to federal legislation for Clinical Trial and Results Registries (CTRR). Section 3. Background.  In 1997, the FDA Modernization Act (FDAMA), Section 113 (“FDAMA 113”) mandated the posting of Phase II to Phase IV industry-sponsored clinical trials conducted under an Investigational New Drug (IND) application for serious and life-threatening illnesses onto a public registry, maintained by the National Library of Medicine […]

Commission on Federalism Act

Commission on Federalism Act Summary This bill creates a Commission on Federalism to review, evaluate and respond to federal actions that infringe upon the constitutional jurisdiction of the state.  It provides the standard for such review and a mechanism for coordinating the review, evaluation and response together with other states, and with the congressional delegation from the state. [Section 101] Creation of Commission on Federalism — Membership — Vacancies — Meetings — Staff — Reports — Per diem, travel expenses, and funding. (1)  There is created the Commission on Federalism comprised of the following seven members: (a) the president of […]

Committee to Reduce Government Waste & Nonessential Expenditures

Committee to Reduce Government Waste & Nonessential Expenditures Summary As a way to pay for World War II without raising taxes, the Joint Committee on Reduction of Nonessential Federal Expenditures was created at the federal level in 1941. The committee was proposed by Sen. Harry F. Byrd (D., Va.) and worked like an anti-appropriations committee. During the postwar years, the committee saved the equivalent of $38 billion in today’s dollars. It was because of the committee that the Civilian Conservation Corps was eliminated and the Work Progress Administration was scaled back. The state of {insert state} believes that a similar […]

Commonsense Consumption Act

Summary The Commonsense Consumption Act prevents the legislative and regulatory functions of the State of _____ from being usurped by civil lawsuits against a food manufacturer, packer, distributor, carrier, holder, seller, marketer, advertiser or trade association for claims of [actual or potential] injury resulting from weight gain, obesity, or any health condition related to weight gain, obesity, or cumulative consumption.  Section 1. {Short Title} This act may be known as the Commonsense Consumption Act.  Section 2. {Legislative Intent}  To prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory […]

Community Corrections Performance Incentive Act

Community Corrections Performance Incentive Act Summary The provisions of this act are intended to reduce crimes committed by probationers and the number of probationers revoked to prison by giving probation departments a share of the savings to the state  in reduced incarceration costs when they reduce both new offenses by probationers and revocations to prison. Model Policy Section 1. {Intent} The provisions of this act are intended to reduce crimes committed by probationers and the number of probationers revoked to prison by giving probation departments a share of the savings to the state  in reduced incarceration costs when they reduce […]

Community Corrections Performance Measurement Act

Community Corrections Performance Measurement Act Summary This Act implements a systematic performance measurement model for community corrections agencies, which includes measures of outcomes in key performance areas. This model provides regular, objective and quantitative feedback on how well agencies are achieving their goals. Such information will help agency managers and staff as well as the public judge how well the agency is performing, and will provide managers with accurate and reliable information on which to base their management decisions. This comprehensive performance measurement system will address the many tasks that community corrections agencies are responsible for: tracking performance at multiple […]

Compact for America: Balanced Budget Amendment

Compact for America: Balanced Budget Amendment Summary The Compact for America initiative condenses four state legislative acts (the Article V application, delegate appointment, prohibition on an invalid convention conducted without authority, ratification) into one legislative act – the Compact for America.  The Compact itself would ultimately unite the 38 signing states into proposing, voting on and ratifying a Balanced Budget Amendment at a convention and appoints all delegates for the signing states, defines the convention rules, and prohibits any signing state from ratifying or participating in any convention that disregarded its state-assigned agenda.  The Compact is designed to give the […]

Comparative Fault Act

Summary This Act adopts a modified comparative fault system which bars a plaintiff’s recovery whose fault exceeds that of the defendants and nonparties. This ensures that only deserving plaintiffs are compensated. A key part of this Act is the assessment of the fault of nonparties, which guarantees that named parties are not assigned artificially high percentages of responsibility. To apply comparative fault, the jury must allocate fault or responsibility to each party. This allocation also provides the information necessary to allocate responsibility for damages if the state has eliminated or modified joint and several liability. If the state has a […]

Computer Protection Act

Computer Protection Act Summary Prohibits a person from using specified protected computers to relay or retransmit commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider under specified circumstances; prohibits a person from materially falsifying header information in commercial electronic mail messages under specified circumstances; prohibits a person from registering for electronic mail accounts or domain names under specified circumstances; provides for specified penalties and fines; etc. Model Legislation An Act to amend and reenact [insert appropriate sections] Be it enacted by state of [insert state]: That [insert appropriate sections] are amended […]

Computer Spyware Protection Act

Computer Spyware Protection Act Summary Spyware is a catch-all term for computer programs that can track computer users’ movements online. There are hundreds of programs that range from innocuous “ad-ware,” which generates pop-up advertisements, to more dangerous programs that can record a user’s keystrokes to gather personal information such as credit card numbers and passwords without their knowledge and forward this information to another entity without the consumer’s consent. Spyware is a serious problem that can create substantial privacy risks, increase the risk of identity theft, and cause serious degradation to personal and business computers that can cost millions of […]

Conditional Early Release Bond Act

Conditional Early Release Bond Act Summary This Act would create a means whereby a State can, after conviction, release a person. The Act would also establish how conditions on the release may be set and how the private sector may be used in determining whether or not those conditions are met. Model Policy Section 1. {Title} This Act may be cited as the Conditional Post-Conviction Release Act. Section 2. {Definitions} As used in this Act: (A) “Releasing Authority” means any State official, State board, or State subordinate governmental unit having legal authority to release a prisoner onto probation, furlough or […]

Conditional Federal Funds Control Act

Conditional Federal Funds Control Act Summary     The purpose of this legislation is to coordinate the acceptance of federal conditional funds among the several states. Conditional federal fund programs (such as Medicaid) now account for 40 percent of the average state budget. The conditions attached to such funds diminish the states’ flexibility and erode the responsiveness of state government to local preferences. Individual states that refuse federal funds in order to escape the conditions face the onerous penalty of losing billions of their residents’ tax dollars to other states. An effective solution would be to use “reciprocal legislation” to forge […]

Conditioning Regulation of Non-Pollutant Emissions on Science Act Summary

Summary The following language may be used as a freestanding bill or amendment to a bill, (e.g., a bill to regulate carbon dioxide). It requires [State EPA] Administrator to perform an assessment that considers certain criteria prior to formally proposing or implementing regulation of any emission not listed as a “pollutant” under the Clean Air Act. Under this approach, to propose regulation of carbon dioxide emissions, or to implement a statutory emissions cap, whether or not it is required by other state authorities, the Administrator must first report whether the proposal: reasonably demonstrates that the authority is necessary to protect […]

Congressional Delegate Mandate Constitution Act

Congressional Delegate Mandate Constitution Act Summary Unfunded federal mandates on state and local governments have become a tremendous financial burden. It has been estimated that during the 1990s, state and local governments will spend more than $200 billion to comply with current federal waste water mandates alone. The state of Ohio expects to spend almost $3 billion complying with environmental mandates over the next decade, and New York City estimates it will spend $4.6 billion for unfunded mandates on ocean dumping and safe drinking water. This Act requires that all members of the state’s Delegation to the U.S. Congress are […]

Constitutional Amendment For Victim’s Rights

Constitutional Amendment For Victim’s Rights Summary This Act would establish a bill of rights for victims of violent crimes. Model Policy {Title, enacting clause, etc.} Section 1. {Title.} “This Act may be cited as the Constitutional Amendment for Victims Rights” Section 2. {Definitions.} As used in this Act: (A) “Victim” means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person’s spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused. Section 3. {Main Provisions} (A) To preserve and protect […]

Constitutional Amendment Requiring State Approval for Increases in Federal Debt

  Constitutional Amendment Requiring State Approval for Increases in Federal Debt             Whereas, Article V of the Constitution of the United States provides authority for a  Convention to be called by the Congress of the United States for the purpose of proposing amendments to the Constitution upon application of two-thirds of the Legislatures of the several states (“amendments convention”), and, Whereas, the Legislature of the State of {insert state} favors the proposal and ratification of an amendment to said Constitution which shall provide that an increase in the federal debt requires approval from a majority of the legislatures of the […]

Constitutional Amendment Restricting the Use of Vehicle Fees and Taxes for Highway Purposes

Constitutional Amendment Restricting the Use of Vehicle Fees and Taxes for Highway Purposes NEW SECTION: All fees collected by the State of {insert state} as license fees for motor vehicles and all excise taxes collected by the State of {insert state} on the sale, distribution or use of motor vehicle fuel, and any another motor vehicle related tax or fee shall be paid into the state treasury and placed in a special fund to be used exclusively for highway purposes. Such highway purposes shall be construed to include the following: (A) The necessary operating, engineering and legal expenses connected with […]

Consumer Compensation Fund Act

Consumer Compensation Fund Act Summary The civil justice section of The 1987-88 Source Book addresses the acute shortage of adequate liability insurance and the powerful need for state tort reform.  The proposals set forth in the civil justice section confirm that the basic tenets of the judicial system should be fair compensation of victims, deterrence of wrongdoing and targeting of liability to responsible parties.  Absent reform, today’s civil justice system is crippled by frivolous lawsuits, long delays, exorbitant awards and unpredictable outcomes.  In our litigious society, professionals must be ever-mindful of the threat of malpractice actions against them. The Consumer […]

Council on Efficient Government Act

Council on Efficient Government Act Summary This legislation is designed to create a council on efficient government whose purpose is to ensure that each state agency focuses on its core mission and delivers goods and services effectively and efficiently by leveraging resources and contracting with private sector vendors if those vendors can more effectively and efficiently provide goods and services and reduce the cost of government. Additionally, the council is to evaluate for feasibility, cost effectiveness, and efficiency business cases to be outsourced before a state agency proceeds with any outsourcing of goods or services. Model Policy Section 1. {Title.} […]

Course Choice Program Act

Course Choice Program Act Summary The Course Choice Program created by this Act would allow students in public schools and public charter schools to enroll in online, blended, and face-to-face courses not offered by the student’s school, and would allow a portion of that student’s funding to flow to the course provider. This Act creates an authorization process for providers and identifies provider and course eligibility criteria. This Act requires course providers and the State Department of Education to regularly report on the key measurements of student success and enrollment. This Act gives the State Department of Education authority to […]

Credit Articulation Agreements Act

Credit Articulation Agreements Act Summary The Credit Articulation Agreements Act would require statewide degree transfer agreements (transfer agreements) to transfer associate of arts (AA) degrees and associate of science (AS) degrees from one state institution of higher education (institution) to another. A student who earns an AA or AS degree that is the subject of a transfer agreement and who is admitted to a four-year institution will be enrolled with junior status. However, an institution that admits the student may require the student to complete additional lower-level courses if necessary for the degree program to which the student transfers, so […]

Crimes with Bail Restrictions Act

Crimes with Bail Restrictions Act Summary The purpose of this act is to enhance public safety. The Bureau of Justice Statistics has shown that defendants released on unsecured bonds were the most likely not to show and thus end up as fugitives.  Around 60% of those arrested on a felony charge are released pending trial either by means of commercial bail or by other less effective methods. In turn, about one third of these released defendants will be rearrested for a new offense. The data also shows that re-arrest rates are highest for those released on their own recognizance (ROR). […]

Criminal Intent Protection Act

Criminal Intent Protection Act Summary To protect persons from unjust punishment under vague or ambiguous criminal offenses by codifying default rules of application for criminal intent (mens rea) requirements within criminal law. Model Policy {Title, enacting clause, etc.} Section 1. {Title.}  This Act may be cited as the “The Criminal Intent Protection Act.” Section 2. {Legislative Purpose and Findings.} The purpose of this Act is to enact default rules of application to ensure that criminal intent (mens rea) requirements are adequate to protect persons against unjust charges and convictions where the law has heretofore failed to clearly and expressly set […]

Defined-Contribution Pension Reform Act

Defined-Contribution Pension Reform Act Intent Section   The Legislature finds that the defined-benefit model of retirement benefits for state and municipal employees is not fiscally sustainable. It is the intent of the Legislature, therefore, to direct the [state retirement board] to create and maintain a defined-contribution program in which all state and municipal employees hired on or after [date], 2011 will automatically enroll after [X] months of employment to become eligible to accrue retirement benefits.   Short Title   This Act shall be known and may be cited as the “Defined-Contribution Retirement Act.”   Section 1.   (A) Definitions:   […]

Digital Goods and Services Tax Fairness Resolution

Digital Goods and Services Tax Fairness Resolution Summary State lawmakers are increasingly aware of the tremendous promise of a 21st century digital economy.  In search of sustainable sources of revenue, some states have begun to aggressively tax transactions involving digital goods and services.  Since 2007, thirty-one state legislatures considered bills intending to tax some aspects of digital commerce.  Currently, thirteen states have enacted statutes taxing digital goods, while at least nine other states tax digital goods through administrative guidance.  Thus far, only North Dakota has enacted a law specifically exempting digital goods and services from taxation. Federal, state, and local […]

Discount Medical Plan Organization Model Act

Discount Medical Plan Organization Model Act Model Policy Section 1. Short title.  This Act may be cited as the “Discount Medical Plan Organization Act.” Section 2. Purpose.  The purpose of the “Discount Medical Plan Organization Act” is to regulate the promotion, offer, sale, and use of discount medical plans and to facilitate the detection of and reduce the occurrence of discount medical plan organization fraud. Section 3. Definitions.  As used in this act, unless the context indicates otherwise, the following definitions apply: (A) “Administrator” means a person or entity who collects charges or premiums from residents of this state in connection […]

Disposal and Taxation of Public Lands Act

Disposal and Taxation of Public Lands Act WHEREAS, in 1780, the United States Congress resolved that “the unappropriated lands that may be ceded or relinquished to the United States, by any particular states, pursuant to the recommendation of Congress of the 6 day of September last, shall be granted and disposed of for the common benefit of all the United States that shall be members of the federal union, and be settled and formed into distinct republican states, which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other states: […]

DNA Profiling Act

DNA Profiling Act Summary This Act would require those convicted of sex offenses to submit to a DNA profile test. The DNA profile would be kept on file in the state’s criminal records repository. Model Legislation {Title, enacting clause, etc.} Section 1. {Title.} This Act may be cited as the DNA Profiling Act. Section 2. {DNA testing requirements.} (A) Any person who is convicted of or who pleads guilty to any of the following offenses shall submit to deoxyribonucleic acid (DNA) testing for law enforcement identification purposes: (1) rape, as provided in section [state's code]; (2) sodomy, as provided in section […]

Drug Liability Act

Drug Liability Act   Summary This Act establishes in statutory form certain clear limitations with the respect to the imposition of liability in actions for damages alleged to have been caused by certain drugs. Model Legislation Section 1. This Act may be cited as the “Drug Liability Act.” Section 2. The legislature finds and reports that there is a need for remedial legislation to establish in statutory form certain clear limitations with respect to the imposition of liability in actions for damages alleged to have been caused by certain drugs. The legislature also finds and declares that the lack of such […]

Drug Re-Importation Liability Act

Drug Re-Importation Liability Act To amend Chapter {___} of Title {___} of the Official Code of {insert state} Annotated, relating to general provisions of torts, so as to provide for limited liability for physicians and pharmaceutical companies from claims for damages incurred pursuant to prescriptions filled with products from outside of the United States or its territories. BE IT ENACTED BY THE GENERAL ASSEMBLY OF {insert state} Chapter {___} of Title {___} of the Official Code of {insert state} Annotated, relating to general provisions for torts, is amended by adding at the end thereof of a new Code section, to […]

Drunk Driving Prevention Act

Drunk Driving Prevention Act Summary This bill requires mandatory alcohol education for new drivers; prohibition of open containers of beverage alcohol products in motor vehicles; administrative license revocation penalties for violation of the State’s driving under the influence laws, administrative license revocation penalties for persons under 21 years of age for driving with a measurable and detectable alcohol concentration; administrative license revocation for the illegal purchase or possession of alcoholic beverage products by persons under 21 years of age; and mandatory alcohol and drug testing of drivers involved in fatal motor vehicle accidents. This bill also increased penalties for those […]

Early Intervention Program Act

Early Intervention Program Act Summary This act creates an early intervention program, targeted to at-risk students. It requires the State Board of Education to select one or more technology providers, through a request for proposals process, to provide adaptive computer software for literacy or numeracy instruction, or both, and assessments for students in kindergarten through grade three. It also requires the State Board of Education to report final testing data regarding an interactive computer software program, including student-learning gains, to the Education Interim Committee and the governor. Model Policy Section 1. Title. This Act shall be known as the “Early […]

Earned Compliance Credit Act

Earned Compliance Credit Act Summary For corrections agencies to efficiently allocate supervision, they must have the authority to focus their staff, services and sanctions on higher-risk offenders. To do so without additional funding, agencies need to be able to move lower-risk probationers and parolees to less-intensive levels of supervision—or off of supervision altogether—if they are fulfilling their obligations and conditions, including paying restitution. This act creates an “earned compliance credit” that would reduce the time that low-risk, non-violent offenders are on active supervision by 15 days for each month that they are in full compliance with their conditions of supervision, […]

Economic Civil Rights Act

Economic Civil Rights Act Summary  Among the rights Americans cherish the most are freedoms to pursue a chosen enterprise or profession. Yet of all the rights we deem fundamental, economic liberty has eroded most of all, to the extent that the “right” to receive a welfare check today enjoys greater legal protection than the right to earn an honest living. Licensing and regulation of businesses and professions – often placed in the hands of the regulated industry-artificially limit entry and reduce competition. Myriad entry-level opportunities are affected by occupational licensing laws, government- imposed monopolies in businesses such as taxicabs and […]

Economic Impact Statement Act

Economic Impact Statement Act Summary The Economic Impact Statement Act is designed to provide environmental protection while permitting the creation of wealth through requiring an economic analysis of new environmental regulations. Key components of the bill include: detailed short-term and long-term economic effects of regulation and legislative review of regulators. Model Policy Section 1. {Short title.} This act shall be known and may be cited as the Economic Impact Statement Act. Section 2. {Definitions.} The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: (A) […]

Economic Liberty Resolution

Economic Liberty Resolution Summary This resolution calls for state legislatures to establish a Joint Legislative Committee on Economic Freedom for the purposes of identifying legal and regulatory barriers to private investment and entrepreneurship, and proposing legislation on such other actions as may be necessary to remove such barriers. Model Resolution WHEREAS, a prosperous economy depends upon job creation through private investment and entrepreneurship; and WHEREAS, greater private investment and entrepreneurship is associated with greater economic prosperity; and WHEREAS, the unparalleled success of the American economy is the result of private investment and entrepreneurship; and WHEREAS, unnecessary legal and regulatory barriers […]

Education Savings Account Act

Summary The Education Savings Account Act allows parents to use the funds that would have been allocated to their child at their resident school district for an education program of the parents’ choosing. Model Policy Section 1. {Title.} The Education Savings Account Act Section 2. {Definitions.} (A) “Program” means The Education Savings Account program created in this subchapter. (B) “Eligible student” means any elementary or secondary student who was eligible to attend a public school in [state] in the preceding semester or is starting school in [state] for the first time[i] and is a member of a household whose total annual […]

Efficiency in Government Act

Efficiency in Government Act Summary This bill establishes a framework for promoting bidding and streamlining government activities at the State level. It allows State officials to consider government priorities by determining what activities are inherently governmental and which could be more efficiency provided by a private source. The process described in this bill should bring a decrease in the number of goods and services delivered by the government while ensuring that those goods and services are still available. If done prudently, privatization has the potential to increase efficiency, effectiveness, and reduce the tax burden. Working groups are established to evaluate […]

Electric Transmission Line Siting Compact

Electric Transmission Line Siting Compact ARTICLE I: PURPOSE Siting electric transmissions lines across state borders and federal lands is an issue for states, the federal government, transmission utilities, consumers, environmentalists, and other stakeholders. The current, multi-year application review process by separate and equal jurisdictions constitutes a sometimes inefficient and redundant process for transmission companies and complicates the efforts of state and federal policy-makers and other stakeholders to develop more robust economic opportunities, increase grid reliability and security, and ensure the consumers have the lowest cost electricity possible. In an effort to create more energy independence, develop more renewable and cleaner […]

Electricity Freedom Act

Electricity Freedom Act Summary: The Electricity Freedom Act repeals the State of {insert state}’s requirement that electric distribution utilities and electric services companies provide _____ percent of their electricity supplies from renewable energy sources by ____. WHEREAS, forcing business, industry, and ratepayers to use renewable energy through a government mandate will increase the cost of doing business and push companies to do business with other states or nations, thereby decreasing American competitiveness; WHEREAS, many renewable sources of power currently cost more than traditional electricity generation technologies, and are projected to do so for the foreseeable future; WHEREAS, the costs of […]

Electronic Data Privacy Protection Act

Electronic Data Privacy Protection Act Summary: The proliferation of Internet-connected and geolocation-enabled devices presents new challenges for state laws protecting personal information from unauthorized search.  This model act aims to provide some clarity for the courts, law enforcement, and consumers by stating that a warrant or exception is required prior to search of mobile devices incident to arrest, and obtaining geolocation information. Also, the act requires courts to issue a report on the number of warrants requested and exceptions granted. SECTION 1.  {Title}  This Act may be cited as the Electronic Data Privacy Protection Act. SECTION 2.  {Purpose}  The purpose of this […]

Electronic Government Services Act

Electronic Government Services Act Summary While the continued development of information technology and the proliferation of the Internet has permitted government agencies to make more efficient the necessary transactions between citizens and the government, it has also blurred the lines between commercial activities and appropriate governmental functions. The “Electronic Government Services Act” would promote legitimate, appropriate, and inherently e-governmental activities while ensuring that a framework exists to prevent government from engaging in improper commercial activities. This Act would protect the exclusive governmental services that could be provided electronically using either government employees or private sector contractors paid for by the […]

Electronic Pay Choice Act

Electronic Pay Choice Act Summary An Act relating to the method of payment of wages and salaries by employers to employees. Model Policy {Title, enacting clause, etc.} Section 1. {Short Title.} This Act may be cited as the Electronic Pay Choice Act. Section 2. Payment of wages or salaries shall be in lawful money of the United States; and by check payable at face value upon demand in lawful money of the United States; or (C) by electronic automated fund transfer in lawful money of the United States into an account in the name of the employee at a financial […]

Elimination of Double Recoveries Act

Summary  ALEC’s model Elimination of Double Recoveries Act allows the admission into evidence of proof of collateral source payments made or likely to be made as compensation for the same damages sought in the suit. The Act requires that such payments are to be considered in determining any award, and in reviewing awards for excessiveness. Model Legislation   [Title, enacting clause, etc.]  Section 1. {Title.}  This act shall be known and may be cited as the Elimination of Double Recoveries Act. Section 2. {Definitions.}  The following words, as used in this Act, shall have the meaning set forth below, unless the […]

Emergency Care Immunity Act

Emergency Care Immunity Act  Summary The purpose of this Act is to provide immunity from liability for physicians, health care providers and private citizens who in good faith provide emergency care.  The Act provides that any physician who assists in emergency care without any direct compensation would be exempt from liability.  This is true in all cases except those involving gross negligence. Model Policy Section 1.  This Act may be cited as the “Emergency Care Immunity Act.” Section 2. (A) Any person who, in good faith, renders emergency care of assistance, without compensation, to any injured person at the scene […]

Eminent Domain Authority for Federal Lands Act

Summary This bill 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 United States Constitution Article I, Section 8, Clause 17. Model Policy Section 1. The following shall be enacted as Section _______ of the eminent domain provisions of the State Code: Other Property which may be taken – State as plaintiff. (1)   Subject to Subsection (2), property which may be taken under this part includes property possessed by the federal government unless the property […]

Employee Online Privacy Act

Employee Online Privacy Act – as amended  Summary Job applicants and employees are increasingly using online accounts for their personal communication and social networking.  Potential and actual employers should not request or require access to these personal accounts, except in cases where the employer is obligated to investigate activities that may involve personal accounts.  The Model Employee Online Privacy Act protects employees and applicants’ personal Internet accounts from unwarranted access by employers.  At the same time, the Act preserves employers’ obligations to maintain a safe work environment, protect intellectual property, and comply with applicable laws. Section 1 – Title. This chapter is known as the […]

Employee Rights Reform Act

Employee Rights Reform Act Summary The purpose of this act is to: 1) limit the amount of compelled agency fees which may be exacted from public employees as a condition of continued employment; 2) provide public employees compelled to pay agency fees as a condition of continued employment with an expeditious way to protect their rights to their pro rata share of union expenditures; and 3) minimize litigation over the appropriate share of union dues that is allocated to collective bargaining, contract administration, and grievance adjustment; provided, however, that nothing herein expresses or implies approval of laws requiring workers to […]

Employee Secret Ballot Protection Act

Employee Secret Ballot Protection Act  Summary This Act provides that all qualifying union certification efforts in a state must be approved by a majority of collective bargaining unit employees who vote in a secret-ballot process. The state labor official/agency cannot recognize an exclusive bargaining representative without a majority of secret ballots having first been cast in the affirmative for that exclusive bargaining representative. The Act defines the denial of secret-ballot elections as an unfair labor practice. The Act establishes penalties and remedies for violations of the Act’s provisions. Model Policy [Note: If this model language is used in a state […]

Employment Reference Immunity Act

Employment Reference Immunity Act Summary Due to increasing threats of litigation, few employers will give job references for employees. This deprives good employees from being able to receive positive evaluations and also results in employers hiring employees they would not have hired if they were aware of the employees’ previous conduct. The Employment Reference Immunity Act is designed to encourage employers to give good faith, truthful job references about employees. The Act accomplishes this goal by granting employers absolute and qualified immunity, depending on the scope of the information, for responding to prospective employers’ requests for information. Model Policy Section […]

Endangered Species Resolution

WHEREAS, Congress enacted the Endangered Species Act in 1973 to conserve threatened and endangered plant and animal species. WHEREAS, the United States and the states have some of the world’s strictest laws which protect our environment, yet seek to strike a balance between environmental protection and resource production; WHEREAS, the Endangered Species Act may be reauthorized by Congress; WHEREAS, the current Endangered Species does not allow consideration of social or economic consequences in the listing of threatened or endangered species; WHEREAS, the current Endangered Species Act does not adequately consider a role for the states, nor the social and economic […]

Energy Efficiency and Savings Act

This act shall be known as the Energy Efficiency and Savings Act of ____. An act relating to exemptions from state and local sales and use tax, so as to provide for an exemption for certain appliances and products that meet or exceed the applicable energy efficiency requirements of the United States Environmental Protection Agency and the United States Department of Energy and that have received the ENERGY STAR rating. SECTION 1. The tax imposed by section () shall not apply to the following: “() The sale of energy efficient products. The exemption provided by this paragraph shall apply only […]

Enhanced Delinquent Debt Collection Act

Providing for Enhanced Delinquent Debt Collection Summary This Act provides additional collection flexibility to a city, county, municipality, state, or other political subdivision to contract with one or more third party collections vendors for collection of delinquent government debt at no direct cost to such government agencies, and with no increase in government taxes at any level.  This act would also provide authority to collect any and all delinquent tax, non-tax, and other delinquent debtor obligations from both individuals and businesses located both in- and out-of-state.   Model Policy   Section 1. {Short Title}  This Act shall be known and […]

Enhanced Integrity in Public Employee Pension Plan Reporting

Enhanced Integrity in Public Employee Pension Plan Reporting  Summary Under current GAAP for state and local governments some financial statement users may not realize the gravity of failure to address under-funding of state-sponsored pension plans. This Resolution calls upon the relevant standard-setting body, the Government Accounting Standards Board (GASB), to adopt reporting standards that require reporting as a liability on a governmental entity’s balance sheet any unfunded pension plan obligation for which it is responsible; reporting as a current expense the cost of any changes in benefits awarded on the basis of past service; clear disclosure of discount rates used […]

Environmental Audit Privilege and Qualified Disclosure Act

Summary This Act provides confidentiality and limited protection from civil, criminal or administrative proceedings to companies that conduct voluntary internal environmental audits to identify, prevent and correct areas of noncompliance with federal, state and local environmental statutes. The Audit Privilege is designed to give industry greater incentive to comply with environmental laws. The Audit Privilege does not apply to companies that intentionally and willfully disregard environmental laws or who have a history of continuous or repeated violations. State law enforcement authorities may make a written request or subpoena for an Audit Report and request an in camera hearing to determine […]

Environmental Corrupt Organizations – Preventative Legislation and Neutralization (ECO-PLAN) Act

Section 1. {Definitions} (1) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, website, or any other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item. (2) “Enterprise” includes any person, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities. (3) “Investigative agency” means the any federal, […]

Environmental Literacy Improvement Act

Section 1. {Title} This act shall be known as the Environmental Literacy Improvement Act Section 2. {Purpose} The purpose of this act is to enhance and improve the environmental literacy of students and citizens in the state by requiring that all environmental education programs and activities conducted by schools, universities, and agencies shall: (A) be specifically designed to enhance acquisition of knowledge. (B) be based on current scientific and economic principles, concepts, and facts. (C) provide a range of perspectives presented in a balanced manner. (D) provide instruction in critical thinking so that students will be able to fairly and […]

Environmental Priorities Act

Intent The legislature finds that there are a variety of current and potential environmental restoration projects, regulations and programs that would benefit the health of the environment, reduce pollution and improve the lifestyle and well-being of state residents. Support for these projects or regulations will help leave a legacy of environmental stewardship to future generations and improve the quality of life for current residents. The legislature additionally finds that state funding is limited and ensuring the most effective use of those limited funds is not only responsible use of taxpayer funds but also provides the greatest environmental benefit. The legislature […]

Environmental Services Public-Private Partnership Act

Summary Provides an arrangement through which government utilizes the private sector to produce goods and services that would otherwise be provided or funded completely by government. Model Legislation Section 1. {Title} This Act may be cited as the Environmental Services Public-Private Partnership Act. Section 2. {Definitions} As used in this Act: (A) “Call for competition” means a request for proposals, invitation for bids or request for competitive negotiations. (B) “Cost” means with respect to any public-private partnership project of facility related thereto: (1) All costs of designing, planning, acquiring, constructing, reconstructing, modifying, furnishing and placing in service any project, including architectural, […]

Establishing a Public-Private Partnership (P3) Authority Act

Establishing a Public-Private Partnership (P3) Authority Act Summary This Act establishes a state Partnership Committee and an Office of Public-Private Partnerships to identify and establish public-private partnerships and approve qualified bidders, requests for proposals, and template contracts. The Act is designed to improve public operational efficiency and environmental performance, promote public safety, attract private investment in the state, and minimize governmental liabilities. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the “Establishing a Public-Private Partnership (P3) Authority Act.” Section 2. {Definitions} The following definitions apply in this section: (A) “Contract” means any purchase […]

Expanded Consumer Choice In Financial Services Act

Expanded Consumer Choice In Financial Services Act Summary The Expanded Consumer Choice in Financial Services Act permits banks to fully compete in the financial services market by offering consumers a wide variety of investments and other financial services. This Act included safeguards to limit banks’ involvements in high-risk investments. Model Policy {Title, enacting clause, etc.} Section 1. This Act may be cited as the Expanded Consumer Choice Financial Services Act. Section 2. {Investment powers.} A bank may invest its funds, and a trust company may invest its corporate funds, subject to the definitions, restrictions, and limitations listed in this Act. […]

Facilitating Business Rapid Response to State Declared Disaster Act

Facilitating Business Rapid Response to State Declared Disaster Act Summary An Act to amend the public services law, state law and tax law, in relation to thresholds for establishing presence, residency or doing business in the state for out-of-state employees and businesses including affiliates of in-state businesses that temporarily provide resources and personnel in the state during a state of emergency declared by either the Governor or the President of the United States. Model Policy {Title, enacting clause, etc.} Section 1. {Short Title.}  This Act may be cited as the “Facilitating Business Rapid Response to State Declared Disasters Act of 2012”. Section 2. {Findings.} […]

Fair Share Act

Fair Share Act Summary ALEC’s model Fair Share Act provides that each defendant is liable only for damages in direct proportion to that defendant’s responsibility.  The model act also ensures that juries have an opportunity to consider the full picture of the events surrounding an injury when allocating responsibility, including the contribution of settling parties and those who were not named as defendants to the alleged harm.  Defendants are required to provide plaintiffs with adequate notice of their intent to designate one or more nonparties as wholly or partially responsible for damages.  Defendants must present sufficient evidence to support such […]

Federal Funds Commission Act

Federal Funds Commission Act Summary This bill creates the Federal Funds Commission to study and make recommendations on federal funding in a state’s budget, assess risks of a significant loss of federal funding, and contingency plans for continued services from the state in the event of a reduction of federal assistance. Model Policy {Title, Enacting Clause, etc.}   Section 1. This Act may be cited as the Federal Funds Commission Act. Section 2. {Definitions.}   (A) “Commission” means the {insert state} Federal Funds Commission. Section 3. {Commission Creation and Members.} (A) There is created an advisory commission known as the Federal […]

Federal Grant Review Act

Federal Grant Review Act Summary A major problem affecting state legislatures in maintaining fiscally sound government and reconciling competing needs for state revenues is the continuing participation of their states in federal programs that obligate state revenues and resources. State agencies have furthered the problem of onerous federal mandates on states by getting involved in federal programs that place burdens on the state. This Act is designed to help solve this problem by requiring a legislative review of all state applications for federal assistance or participation in federal programs, prior to the submission of such applications to the federal government. […]

Federal Receipts Reporting Requirements Act

Federal Receipts Reporting Requirements Act Summary This bill requires all state agencies and political subdivisions to disclose (i) total federal receipts; (ii) the percentage such receipts are of their respective budget, and (iii) what their specific contingency plan is if federal receipts are diminished. Model Legislation {Title, enacting clause, etc.} Section 1 {Title} This act may be cited as the Federal Receipts Reporting Requirements Act. Section 2 {Definitions.} (A) As used in this section: (1)   “Designated state agency” means the [list state departments]. (2)   “Designated state agency” does not include the judicial branch, the legislative branch, or an office or […]

Federal TABOR Resolution

Federal TABOR Resolution WHEREAS, the federal government now spends more than $20,000 per family in the United States, the highest level of real federal spending since World War II; and WHEREAS, federal spending is currently growing at a rate faster than any other time in the past forty years; and WHEREAS, large federal spending increases contribute to federal budget deficits and imperil the important tax-cutting agenda in Congress; and WHEREAS, federal spending crowds out investment in the private sector as well as spending on important state and local services; and WHEREAS, many of the programs and services paid for by […]

Federalism Education Requirements for Public Attorneys

Federalism Education Requirements for Public Attorneys Whereas, the High Court has reiterated time and again that the sovereignty, jurisdiction, and even the supremacy of the States in their constitutional spheres is essential to the balance between State and Federal governing partners; and Whereas, Coleman v. Thompson observes that “the Constitution divides authority between federal and state governments for the protection of individuals … [and that] federalism secures to citizens the liberties that derive from the diffusion of sovereign power” and Whereas, just last year the United States Supreme Court admonished in NFIB v. Sebelius, “The independent power of the States […]

Fiscal Note Act

Fiscal Note Act Summary The Fiscal Note Act is designed to make state legislatures more fiscally responsible by informing legislators of all costs associated with a particular bill. This Act requires a reliable estimate of the cost of any proposed legislation. It prohibits any committee of the legislature from holding hearing on any legislative instrument until a fiscal note on that instrument has been prepared by the legislative fiscal office. The fiscal note must contain an estimate of the immediate and long-range costs of the measure, as well as a listing of any revenue it will produce or savings it […]

Flat Tax Option Act

Flat Tax Option Act Summary The cost of tax compliance in the United States is staggering. Individuals and businesses waste millions of dollars each year complying with state and federal income tax codes, which contain countless deductions, credits, exemptions and exclusions. As a response to this staggering burden, ALEC developed the Personal and Business Flat Tax Act, which simplified a state’s income tax by providing for a broad based, low rate income tax. The Flat Tax Option Act builds on the model outlined in the Personal and Business Flat Tax Act but gives the taxpayer the option of choosing to […]

Food and Nutrition Act

Food and Nutrition Act Summary The Food and Nutrition Act preempts towns, counties and other political subdivisions from enacting regulation in regards to food service establishments based upon or regarding food nutrition information, customer incentive items, and a restaurant’s designation as quick-service, fast food, casual dining, or sit-down service. Model Policy Section 1. {Definitions} (A) “Food nutrition information” includes, but is not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium, and allergen content of food.  “Food nutrition information” also includes the designation of food as healthy or unhealthy. (B) “Political subdivision” means any […]

Forum Non Conveniens Act

Relating to the lawsuits arising outside or brought by persons who reside outside of [InsertState]. Section 1. {Forum Non Conveniens} (A) With respect to a plaintiff who is not a legal resident of the United States, if a court of this state, on written motion of a party, finds that in the interest of justice a claim or action to which this section applies would be more properly heard in a forum outside this state, the court may decline to exercise jurisdiction under the doctrine of forum non conveniens and may stay or dismiss the claim or action in whole […]

Founding Philosophy and Principles Act

Founding Philosophy and Principles Act Summary Whereas, the survival of the Republic requires that our nation’s children, the future guardians of its heritage and participants in its governance, have a clear understanding of the Founding Philosophy and the Founding Principles of our government for a free people, which are found in the Declaration of Independence, the United States Constitution, the Federalist Papers and the writings of the Founders, and an understanding of their preservation; Now, therefore, The General Assembly of [Insert State] enacts: Model Legislation Section 1. The act shall be known as the “Founding Philosophy and Principles Act.” Section […]

Founding Principles Act

Founding Principles Act Summary The Founding Principles Act would require during the high school years the teaching of a semester-long course on the philosophical understandings and the founders’ principles, which are the foundation of our form of government for a free people, as incorporated in the Declaration of Independence, the United States Constitution, and the Federalist Papers. Model Policy Section 1. {Title.} Founding Principles Act. Section 2. {Findings.} The legislature finds and declares: Whereas, the adoption of the Declaration of Independence in 1776 and the signing of the United States Constitution in 1787 were seminal events in the history of […]

Free Contract in Financing Act

Free Contract in Financing Act Summary The Free Contract in Financing Act removes restrictions on interest rates for all loans and sales, including those to both consumers and businesses, and allows borrowers and lending institutions to contract for a mutually agreeable interest rate. Model Policy {Title, enacting clause, etc.} Section 1. This Act may be cited as the Free Contract in Financing Act. Section 2. {Contracting for extension of credit.} Not withstanding any contrary provision of the law, the parties to any transaction involving the extension of credit may contract for any interest, finance charge or other consideration for such […]

Free Enterprise Education Act

Free Enterprise Education Act Summary The Free Enterprise Education Act mandates instruction in the free enterprise system, a course that requires an interdisciplinary study of economics, political science, history, geography, culture, and current events. This Act requires a stand-alone course in the free enterprise system that lasts at least one semester and a passing grade in order to receive a certificate or diploma of graduation. Model Policy Section 1. {Title.} This Act shall be known as the Free Enterprise Education Act. Section 2. {Purpose.} The purpose and intent of this Act are: (A) To require all public school students to […]

Free Market Constitutional Amendment

Free Market Constitutional Amendment “It is the policy of the state of ___________ that a free enterprise system shall govern trade and commerce in this state to promote the dispersion of economic and political power and the general welfare of all the people.”     Approved by ALEC Board of Directors on August 27, 2009.

Freedom of Choice in Health Care Act

Freedom of Choice in Health Care Act Model Policy Section 1. Short Title.  This Act may be cited as the “Freedom of Choice in Health Care Act.” Section 2.  The people have the right to enter into private contracts with health care providers for health care services and to purchase private health care coverage.  The legislature may not require any person to participate in any health care system or plan, nor may it impose a penalty or fine, of any type, for choosing to obtain or decline health care coverage or for participation in any particular health care system or […]

Freedom to Purchase Medical Services Act

Freedom to Purchase Medical Services Act Summary This bill protects a patient’s right to purchase health care services that are not covered by the patient’s insurance or Medicaid plan. Patients may pay out-of-pocket for such services and health care professionals may accept those out-of-pocket payments. Further, this bill stipulates that the provision of medical services purchased and provided under the provisions of the bill shall not be deemed an offer of insurance nor be regulated by the insurance laws of the state. Model Policy Section 1. Title. This Act shall be known as the “Freedom to Purchase Medical Services Act.” […]

Full & Fair Noneconomic Damages Act

 Summary Pain and suffering awards are intended to compensate an injured plaintiff for the pain and suffering resulting from an injury caused by the defendant.[1]  They are not intended as punishment for the defendant or to deter future misconduct.[2] Constitutional and statutory controls increasingly have been placed on punitive damages, but few legal guideposts exist to help jurors fix the amount of pain and suffering awards.  As a result, there is an incentive for some to seek to drive up the amount of pain and suffering awards by focusing on the defendant’s alleged misconduct.[3]  Jurors calculating the amount of these […]

Good Samaritan Drug and Medical Supply Donation Act

Good Samaritan Drug and Medical Supply Donation Act Summary The purpose of this Act is to encourage the donation of medical supplies and drugs by the private sector to nonprofit organizations for distribution to needy individuals without the threat of liability.  The Act protects a person, corporation, partnership, organization, association, or governmental entity from the civil or criminal liability arising from the nature, age, packaging, or condition or drugs or medical supplies that the entity donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.  The immunity would not apply to an injury to or death […]

Government Services Competition Act

Government Services Competition Act  Summary  This model bill provides a general model for state government privatization efforts. States should adapt this model to meet their own particular needs and circumstances regarding privatization. It prohibits state agencies, institutions, or political subdivisions supported in whole or part by any state revenues, from engaging in any activity which is in competition with private enterprise unless the agency, institution, or political subdivision can demonstrate that there is an overriding or compelling public interest served by the state’s provision of the service. It also sets standards for state agencies, authorized to engage in an activity […]

Great Teachers and Leaders Act

Great Teachers and Leaders Act Summary The Great Teachers and Leaders Act reforms the practice of tenure, known as nonprobationary status in some states. Teachers can earn tenure after 3 years of sufficient student academic growth; tenure is revocable following 2 consecutive years of insufficient growth. The council for educator effectiveness will define teacher effectiveness and come up with parameters for an evaluation system that requires 50 percent of a teacher’s evaluation to be based on student achievement using multiple measures. The Act requires principals to be evaluated annually with 50 percent of the evaluation based on student achievement and […]

Groundwater Protection Act

Summary ALEC’s model Groundwater Protection Act is designed to futher document and ensure the safety of America’s drinking water through the prevention, minimization, or mitigation of the movement of chemicals to drinking water supplies derived from ground water acquifers. Key components of the bill include: implementation of a state monitoring program, groundwater contamination assessments based on numerical standards, agricultural chemical management areas, and agricultural chemical management plans. Model Policy {Title, enacting clause, etc.} Section 1. {Short Title.} This act shall be known and may be cited as the Groundwater Protection Act. Section 2. {Legislative findings and declarations.} The legislature finds […]

Hard Science Resolution

 Hard Science Resolution Summary Free-market economies are the best method of ensuring quality products for consumers while providing goods at the lowest cost, but unnecessary regulations can encroach on this process. Ideally, regulations passed by nations should be limited to only those based on hard scientific fact to ensure the clarity and purpose of such acts. This limits the arbitrariness of regulations that lead to ever increasing disputes brought before the World Trade Organization, and harms consumers and businesses in the form of increased costs for goods and uncertainty in the marketplace. This resolution seeks to: cut down on harmful […]

Health Care Choice Act for States

Health Care Choice Act for States Model Policy Section 1. Title.  This Act shall be known and may be cited as the “Health Care Choice Act for States.” Section 2. General Provisions. (A) The {insert state legislative body} recognizes the need for individuals, employers, and other purchasers of health insurance coverage in this state to have the opportunity to choose health insurance plans that are more affordable and flexible than existing market policies offering accident and sickness insurance coverage.  Therefore, the {insert state legislative body} seeks to increase the availability of health insurance coverage by allowing insurers authorized to engage in […]

Health Care Compact Act

Health Care Compact Act Model Legislation {Insert state} enacts the Interstate Health Care Compact and enters into the compact with all other states legally joining in the compact in substantially the following form: WHEREAS, The separation of powers, both between the branches of the federal government and between federal and state authority, is essential to the preservation of individual liberty; and WHEREAS, The Constitution creates a federal government of limited and enumerated powers, and reserves to the states or to the people those powers not granted to the federal government; and WHEREAS, The federal government has enacted many laws that […]

Health Care Freedom Act

Health Care Freedom Act Summary This bill prohibits health insurers from accepting federal subsidies under the Affordable Care Act that trigger the employer mandate. Health insurers accepting subsidies shall have their license to issue new business suspended for all business on exchanges established by the Affordable Care Act. Model Policy Section 1. Title. This Act shall be known as the “Health Care Freedom Act.” Section 2. Definitions. “Health insurance issuer” means {insert appropriate state health insurance issuer definition or state code reference}. Section 3. Prohibition on Issuers. Enforcement. (A) A health insurance issuer operating in this state shall not accept any remuneration, […]

Health Care Price Disclosure Act

Health Care Price Disclosure Act Summary This Act requires health care professionals to make available the “direct pay” price for at least the 25 most common services or procedures; the Act also requires health care facilities to make available the “direct pay” price for (if applicable) at least the 50 most used diagnosis-related group codes and at least the 50 most used outpatient service codes for the facility. Over the past 45 years, health care has evolved to a point where consumers have little impact on pricing.  The most recent data on health care spending in the United States, released […]

Health Care Sharing Ministries Freedom To Share Act

Health Care Sharing Ministries Freedom To Share Act Findings And Purpose Participants of health care sharing ministries financially assist fellow participants with large medical expenses with a result usually provided by health insurance.  Due to their voluntary and ministerial nature, these ministries should be recognized in the insurance code as ministries and not as health insurance companies. A health care sharing ministry (HCSM) is a health care cost sharing arrangement among persons of similar and sincerely held beliefs, administered by a not-for-profit religious organization.  Those sharing through HCSMs are called participants, and the money sent by participants to other participants […]

Health Care Sharing Ministries Tax Parity Act

Health Care Sharing Ministries Tax Parity Act  Findings and Purpose Members of health care sharing ministries financially assist fellow members with large medical expenses with a result usually provided by health insurance.  Due to their positive contribution to our health care system, moneys spent and received for assistance by members of health care sharing ministries should have at least the same advantages under the income tax code as do health insurance premiums and reimbursements. A health care sharing ministry (HCSM) is a health care cost sharing arrangement among persons of similar and sincerely held beliefs, administered by a not-for-profit religious […]

Health Care Tax Relief Equity Act

Health Care Tax Relief Equity Act Summary The purpose of this Act is to provide state tax credits for both the purchase of individual health insurance policies and out-of-pocket medical expenses. This bill restores tax equity to the health care system. Currently, only employers are allowed to purchase health insurance with pre-tax dollars. This is not only unfair to individuals, the self-employed, and their families, but it also fosters a dependence on employer provided health care. With tax credits, individuals would be encouraged to shop around for the best plan to meet their needs. Purchasers would become more sensitive to […]

Health Freedom Compact Act

Health Freedom Compact Act  Findings and Declaration of Policy (A)  Unites States Code Section 112 gives Congressional consent “to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and the enforcement of their respective criminal laws and policies, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts.” (B)  Pursuant to their police powers to protect public health, safety, welfare, and morals, the party states have enacted or anticipate enacting laws or constitutional provisions to protect and […]

Health Savings Account Act

Health Savings Account Act Summary A bill to permit the establishment and maintenance of health savings accounts; to provide penalties and remedies; to exempt contributions from taxation; and to prescribe the requirements of and restrictions on health savings accounts. Model Policy Section 1. Title.  This Act shall be known and may be cited as the “Health Savings Account Act.” Section 2. Definitions.  As used in this Act: (A) “Eligible individual” means the individual taxpayer, including employees of an employer who contributes to health savings accounts on the employees’ behalf, whom: (1) Must be covered by a “High Deductible Health Plan” […]

High-Risk Health Insurance Pool Model Act

High-Risk Health Insurance Pool Model Act   Summary  The purpose of this Act is to provide insurance for individuals with high-risk health conditions such as AIDS, diabetes, and cancer. Approximately 1 percent of the uninsured population is denied access to individual market health insurance because of pre-existing conditions. This bill establishes a state run high-risk pool and allows individuals who have been denied traditional insurance because of health problems to buy into the pool. This program is effective because it spreads the cost of coverage among all insurance carriers doing business in a state. Two critical goals that ALEC’s high-risk pool […]

Higher Education Capital Projects Transparency Act

Higher Education Capital Projects Transparency Act Summary The Higher Education Capital Projects Transparency Act requires a public institution of higher education to develop and promulgate procedures for maximum utilization of existing facilities, to make data on the average weekly usage of classrooms and laboratories available on its website in a format clearly comprehensible to the public, and to hold public discussion of each proposed capital construction project exceeding $10,000,000 in total cost, including, but not limited to, evaluation of utilization of existing campus instructional buildings for a period not less than the three years preceding the construction proposal. Model Legislation […]

Higher Education Scholarships for High School Pupils Act

Higher Education Scholarships for High School Pupils Act Summary This bill enables a school district to adopt and offer higher education scholarships for high school pupils to any high school pupil who graduates high school early and who achieves a score in the “proficient” range or above on all subjects tested in the statewide assessment. The scholarship would be equivalent to 1/2 of the total per-pupil expenditure for high school pupils in such school district to be used to defray tuition costs at any public or private institution of higher education within or outside of [state]. Legislation Section 1. {Title} […]

Higher Education Transparency Act

Higher Education Transparency Act Summary This act details information required of institutions of higher education to publish on their public website. Model Policy AN ACT relating to requiring a public institution of higher education to establish uniform standards to make certain information available on the Internet. Be it enacted by the legislature of [STATE]: Section 1. {Internet Access to Course Information.} (A) Each institution of higher education, other than a medical and dental unit, as defined by [STATE], shall make available to the public on the institution’s Internet website the following information for each undergraduate classroom course offered for credit […]

Honest Transcript Act

Honest Transcript Act Summary The Honest Transcript Act looks to correct grade inflation by requiring all public colleges and universities to include on student transcripts—alongside the individual grade the student received for each class—the average grade given by the professor for the entire class. This would help potential employers learn whether a given high grade-point average signifies superlative talent or merely that the student completed undemanding courses. The bill does not seek to make universities do anything differently; it only asks them to make transparent for students, parents, and taxpayers what it is they are doing. Model Policy Section 1. […]

Honesty in Lawyering Act

Honesty in Lawyering Act Model Policy  Title __ of the [   ] Code is amended by adding Chapter ___ to read as follows:  Chapter __.  Attorney Misconduct  Section 1. {Short Title}  This chapter may be cited as the “Honesty in Lawyering Act” Section 2. {Findings and Purposes}  (A) Findings. – The legislature finds that – (1) State courts have held that Legislatures have constitutional authority to enact legislation affecting business or entrepreneurial aspects of the practice of law, as well as attorney misconduct that is against the public interest;[1] (2) The severity and number of high-profile episodes of unlawful or […]

Housing Affordability Impact Statement Act

Housing Affordability Impact Statement Act Summary This bill would require all future legislation introduced in the general assembly, except those making a direct appropriation, whose purpose is to increase or decrease the cost of constructing, purchasing, owning or selling a single family residence, either directly or indirectly, to have prepared for the legislation a housing affordability impact note that shall include a reliable estimate of the anticipated impact on the cost of housing. This bill would greatly impede the future passage of costly regulations on housing. Model Policy {Title, enacting clause, etc.} Section 1. This Act may be cited as […]

Ignition Interlock Device Act

Ignition Interlock Device Act Summary This bill provides for ignition interlock penalties for repeat drunk drivers and those who are found to have driven with a .15 blood alcohol content (BAC) or higher. Model Policy {Title, enacting clause, etc.} Section 1. {Short Title} This act may be cited as the Anti-Drunk Driving Act Section 2. {Definitions} (A) In this section “ignition interlock device or system” means a device that: (1) Connects a motor vehicle ignition system to a breath analyzer that measures a driver’s blood alcohol level; and (2) Prevents a motor vehicle ignition from starting if a driver’s blood […]

Inclusive College Savings Plan Act

Inclusive College Savings Plan Act Summary This Act will increase opportunities for state residents to invest in 529 college savings plans. Model Legislation {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the Inclusive College Savings Act. Section 2. {Definitions} For the purposes of this Act: (A) “Account” means an individual trust account or savings account established pursuant to [state code] as authorized by 26 U.S.C. sec 529.[1] (B) “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended. (C) “Account owner” means the person designated at the time an account is opened as […]

Independent Contractor Definition Act

Independent Contractor Definition Act Summary Many workers often characterize themselves as independent contractors due to beneficial tax incentives, etc. However, when the worker is injured on the job, the worker may want to characterize him/herself as an employee in order to draw from the workers’ compensation system, even though the worker may not have paid into the system. Confusion in the precise definition of an independent contractor has contributed to conflicting decisions by the courts on this matter. The Independent Contractor Definition Act simplifies the criteria used to define independent contractors with respect to private and public employees for the […]

Independent Performance Audits Act

Independent Performance Audits Act Intent Section The Legislature finds that it is essential that state governments establish credibility with the taxpayers by implementing independent performance audits to ensure accountability and guarantee that tax dollars are spent as cost-effectively as possible. This measure requires the state auditor to conduct independent, comprehensive performance audits on state governments, agencies, programs, and accounts. Section 1. Short Title. (A) This Act may be cited as the “Independent Performance Audits Act.” Section 2. Definitions. (A) “Government” means an agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. This includes individual agencies […]

Independent Revenue Forecasting Act

Independent Revenue Forecasting Act Summary Faulty state revenue forecasts often result in huge budget gaps. Often, these gaps are so big that lawmakers push for tax increases to close the gap. However, proper budgetary procedures such as reliable revenue forecasting can advance the goal of greater honesty in government and budgeting.This Act provides for a process that will produce accurate, timely estimates of future state revenues and enlists in that process economic and taxation experts of known ability. Model Policy {Title, enacting clause, etc.} Section 1. This Act may be cited as the Independent Revenue Forecasting Act. Section 2. {Statement […]

Indiana Education Reform Package

Indiana Education Reform Package Summary The Indiana Education Reform Package is inspired by their comprehensive set of K–12 education reforms adopted by the Indiana Legislature in the spring of 2011 and signed by Governor Mitch Daniels. The components in this Act have created the nation’s largest school voucher program, among other reforms. This bill is written as an omnibus education reform act. Some may find it most useful to introduce as an omnibus bill, while others may prefer to introduce separate measures depending upon legislative dynamics, as well as the current policies in each state. This act incorporates several of […]

Information Security Management Act

Information Security Management Act Summary An act concerning cyber security for communication and information resources in public agencies, and making an appropriation in connection therewith. Be it enacted by the General Assembly of the State of _____________: Section 1. Article _____ of title _____, ___________ Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:  PART 4 INFORMATION SECURITY Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT: (a) Communication and information resources in the various public agencies of the state are strategic and vital assets belonging to the people of (State). Coordinated efforts […]

Informed Student Document Act

Informed Student Document Act Summary To aid students and their parents, the Informed Student Document Act would publish the following outcomes by which a state’s universities can be compared: “Sticker-price” tuition relative to other institutions Net price, after grants and scholarships, relative to other institutions Retention rate relative to other institutions Graduation rate relative to other institutions Average student debt relative to other institutions Loan repayment rates relative to other institutions Employment potential relative to other institutions. Average starting salaries for each academic major (gleaned from national employment surveys). In addition to posting this information online, all potential applicants to […]

Insurance Market Conduct Surveillance Act

Insurance Market Conduct Surveillance Act Table of Contents Section 1 Short Title Section 2 Purpose and Scope Section 3 Definitions Section 4 Immunity Section 5 General Powers and Duties of Commissioner Section 6 Relations with Other States Section 7 Market Analysis Procedures Section 8 Examinations Section 9 Confidentiality Section 10 Market Conduct Surveillance Personnel Section 11 Sanctions Section 12 Severability Section 13 Rule Making Authority Section 14 Effective Date SECTION 1. SHORT TITLE. This Act may be cited as the Insurance Market Conduct Surveillance Act. SECTION 2. PURPOSE AND SCOPE. (a) The purpose of this Act is to establish a […]

Intermodal Policy Resolution

Intermodal Policy Resolution Summary [insert state here] Intermodel Policy Resolution supports the goal of an integrated transportation system that provides and enhances the Nation’s system of moving freight and people. Model Resolution WHEREAS, the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 recognizes the unique contributions of each transportation mode to the productivity of the States and the Nation, and to the ability of this nation to compete globally in the merging and existing international economies; and WHEREAS, the National Intermodal Transportation System policy declaration in ISTEA contemplates an integrated transportation system for the movement of both freight and people, with […]

Interstate Compact Sunshine Act

Interstate Compact Sunshine Act Summary Interstate compacts are a valuable and useful tool under the state and federal constitutions for the states to address public policy problems in a creative and imaginative manner. As with any form of public policy, however, interstate compacts should be both transparent and accessible to the public at large. At present, the public has little knowledge or ability to attain information on the business conducted by the governing bodies of interstate compacts. In a free society, the public has the right to have notice of the meetings of the governing bodies of interstate compacts. The […]

Interstate Insurance Product Regulation Compact Resolution

Interstate Insurance Product Regulation Compact Resolution WHEREAS, the states have successfully and effectively protected insurance consumers and ensured the safety and soundness of insurance companies operating in the United States for over 150 years; and WHEREAS, the states have regulatory authority for the regulation of insurance as provided under the McCarran-Ferguson Act and as recently affirmed by the Gramm-Leach-Bliley Financial Services Modernization Act of 1999; and WHEREAS, [insert state here] strongly believes that states should continue as regulators of the business of insurance, and WHEREAS, governors, legislators, and insurance commissioners have acknowledged the need to streamline and simplify insurance regulation […]

Interstate Research Commission on Climatic Change Act

Summary  ALEC’s model Interstate Research Commission Act on Climatic Change is designed to address scientific and economic aspects of the issue of climatic change through the development of a multistate research commission.  Key components of the bill include: state support of basic and applied research; and creation of research commission. Model Legislation. Section 1. {Short Title.} This act may be cited as the Interstate Research Commission on Climate Change. Section 2. {Legislative findings and declarations.} The legislature finds and declares that: (A)  Human activity has and will continue to alter the atmosphere of the planet. (B)   Such activity may lead […]

Intrastate Coal and Use Act

Summary The purpose of this bill is to create the Intrastate Coal and Use Act. The bill establishes that the environmental regulation of coal and certain coal products mined and used within the state are exclusively regulated by the {state} Department of Environmental Protection. The bill states the legislative authority and defines terms. Whereas the Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of {state} certain powers as they were understood at the time that […]

Intrastate Forum Shopping Abuse Reform Act

 Summary Forum shopping has become a significant problem in civil litigation.  Certain counties have become magnets for attracting claims with little or no connection to that county.  The burdens placed on these magnets courts are unfair to the residents of those counties, who are  forced to wait in line behind claims that would more appropriately be heard elsewhere.  For residents of those counties, justice delayed is justice denied.  Venue rules exist to ensure that claims are brought in the proper county within a state.  This legislation will reform existing venue rules to ensure that claims have a direct relationship with […]

Intrastate Oil and Natural Gas Use Act

Intrastate Oil and Natural Gas Use Act Summary: The purpose of this bill is to create the Intrastate Oil and Natural Gas and Use Act.  The bill establishes that the environmental regulation of oil and natural gas extracted and used within the state are exclusively regulated by the {relevant state agency}. The bill states the legislative authority and defines terms. Whereas the Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of {state} certain powers as […]

Item-Reduction Veto Constitutional Amendment

Item-Reduction Veto Constitutional Amendment Summary Currently, governors in 43 states have the authority to reduce state spending through the use of the line-item veto. This authority allows governors to prevent, or at least moderate, “pork-barrel” spending. The theory behind the line-item veto is that the executive, elected by the whole, can more easily stand up to regional and special interests than legislators. Of the 43 states with line-item vetoes, 10 states grant governors the item reduction veto. The item-reduction veto allows governors to reduce spending without striking the entire amount. The theory behind the item-reduction veto is that the executive […]

Joint and Several Liability Act

Summary ALEC’s model Joint and Several Liability Act provides that each defendant is liable only for damages in direct proportion to that defendant’s fault. The Act also provides for consideration of fault of non-parties when assessing percentages of fault. Joint liability is imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious Act. Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Joint and Several Liability Abolition Act. Section 2. {Definitions} The following words, as used in this Act, shall have the meaning set forth below, […]

Jury Patriotism Act

Model Policy Section 1. {Short Title}  This Act shall be known and may be cited as the [Jury Patriotism Act].  Section 2. {Full Participation on Petit Juries of All Citizens}  It is the policy of this State that all qualified citizens have an obligation to serve on petit juries when summoned by the courts of this State, unless excused. Section 3. {Postponements of Petit Jury Participation}  (A)  All provisions of the law of this State, or of any political subdivision thereof, that establish or recognize excuses or exemptions for postponing or excusing service as a petit juror are hereby repealed. […]

Justice Safety Valve Act

Justice Safety Valve Act Summary This act would provide sentencing judges with discretion to depart from mandatory minimum sentences for nonviolent offenders who meet specified criteria. Model Policy {Title, enacting clause, etc.} {Section 1.} Title. This Act shall be known as the Justice Safety Valve Act. {Section 2.} Sentencing. (A) Notwithstanding any other provision of law, when sentencing a person convicted of a violation for which there is a mandatory minimum sentence, but which did not: (1) Include the use, attempted use or threatened use of serious physical force by the defendant against another person or result in the serious […]

Juvenile Offender Performance Incentive Funding Act

Juvenile Offender Performance Incentive Funding Act Summary The provisions of this act are intended to incentivize the reduction of juvenile re-offending, reduce costs to taxpayers, and increase victim restitution, by giving probation departments a share of the savings to the state in reduced incarceration costs when they lower recidivism and commitments of youths to the state. Model Policy Section 1. {Intent} (A)  The provisions of this act are intended to reduce recidivism rates in juvenile offenders, while decreasing juvenile correctional costs, by giving local probation departments a share of the savings to the state when they reduce the number of […]

K-12 Technology-Based Reading Intervention for English Learners Act

K-12 Technology-Based Reading Intervention for English Learners Act Summary The K-12 Technology-Based Reading Intervention for English Learners Act calls on the State Department of Education to implement a language development software program in grades K-12 to assist those identified as English Language Learners. Model Policy Section 1. Title. This Act shall be known as the “K-12 Technology-Based Reading Intervention for English Learners Act.” Section 2. (A) The State Department of Education shall initiate a request for proposal (RFP) to select at least one literacy and language development software program to be made available to all K-12 Students identified as an […]

Labor Peace Agreement Preemption Act

Labor Peace Agreement Preemption Act Summary Local governments are under constant pressure from labor unions to require employers to adopt “labor peace” agreements as a condition for granting business licenses, zoning variances, waivers, and the like. These agreements force employers to waive their ability to express views in opposition to unionization, to forfeit their employees’ rights to vote in a secret ballot election conducted by the National Labor Relations Board (NLRB), and to forfeit procedural protections of NLRB decisions regarding appropriate bargaining units and other related issues. This legislation declares this a matter of statewide concern and prohibits local governments […]

Landowners’ Liability Act

 Summary The Landowners’ Liability Act encourages landowners to make land and water areas available to the public for educational and recreational purposes by limiting the owners liability toward persons entering thereon for such purposes. The Act provides that owners of land may be compensated for expenditures incurred in defense against frivolous or purposeless suits arising under this Act. Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Landowners Liability Act. Section 2. {Definitions} In this Act, the following words have the meanings indicated: (A) “Charge” means price or fee asked for services, entertainment, […]

Law Enforcement Officer Safety Equipment Fund Act

Law Enforcement Officer Safety Equipment Fund Act Summary The Act establishes a dedicated state law enforcement officer safety equipment fund to assist departments of public safety with the purchase of law enforcement officer safety equipment such as ballistic vests, electronic stun devices, on-officer cameras and surveillance equipment, and other law enforcement officer safety equipment.   The Act also establishes an assessment to be levied on every civil penalty or fine imposed and collected by the courts that is a result of a citation issued by a peace officer for a civil traffic violation, a violation of a misdemeanor offense or any […]

Legal Consumer’s Bill of Rights Act

Model Policy Section 1.  {Title} This Act shall be called and may be cited as the “[Legal Consumer’s Bill of Rights Act]”. Section 2.  {Purpose}  (A) For the average person, the legal process is confusing and expensive.  The often-complex path to justice is strewn with undisclosed costs, and may be further complicated by the abuse of contingent fees by some attorneys who are more concerned with pocketing a quick dollar than with giving their clients the attention and service they deserve.  When used properly, the contingent fee system provides access to courts for people of low or moderate incomes.  When […]

Legislative Budget Audit Commission Act

Legislative Budget Audit Commission Act Summary The Legislative Budget Audit Commission Act creates an independent commission charged with rooting out waste, fraud, abuse, and inefficiency in state government. The commission will make recommendations that will save taxpayers money, send more dollars into customer service and less into bureaucracy, streamline government operations, and utilize the private sector for service delivery. If successfully implemented, the commission would save government money in the short and long term and help to avert a future state fiscal crisis. Model Legislation {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the Legislative […]

Limited Immunity for Persons Responding to Oil Spills Act

Summary  ALEC’s model Limited Immunity for Person’s Responding to Oil Spills Act is designed to improve the nation’s ability to respond to large oil spills in coastal and tidal areas through reducing risk of liability for persons responding to oil spills. Model Legislation {Title, enacting clause, etc.} Section 1. {Short Title.} This act shall be known and may be cited as the Limited Immunity for Persons Responding to Oil Spills Act. Section 2. {Definitions.} The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: […]

Limits on Multiple Punitive Damages Resolution

 WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and   WHEREAS, limiting multiple punitive damages awards would open the way for the prompt resolution of claims involving many injured plaintiffs; and WHEREAS, state and lower federal courts can provide only incomplete solutions to the problems caused by multiple punitive damages awards because they lack the power or the authority to prohibit subsequent awards in other courts ;and WHEREAS, tort law should also permit subsequent claimants to overcome this limit and pursue additional punitive damages by showing new and substantial […]

Litigation Accountability Act

Summary  This Act sets forth guidelines and procedures for determining when it is appropriate to impose sanctions for frivolous actions. Under the Act, parties who bring unjustified claims will be assessed court costs and attorneys’ fees. Model Policy  Section 1. {Title} This act shall be known and may be cited as the Litigation Accountability Act.  Section 2. {Definitions} The following words, as used in this Act, have the meaning set forth below, unless the context clearly requires otherwise: (A) “Justification” means the case is not frivolous, groundless in fact or in law, or vexatious, as determined by the court; (B)  […]

Living Wage Mandate Preemption Act

Living Wage Mandate Preemption Act Summary The Living Wage Mandate Preemption Act repeals any local “living wage” mandates, ordinances or laws enacted by political subdivisions of the state. It also prohibits political subdivisions from enacting laws establishing “living wage” mandates on private businesses, including those businesses that have service contracts with and/or receive financial assistance from such political subdivisions of state government. Model Policy Section 1. {Short Title.} This Act shall be known as the Living Wage Mandate Preemption Act. Section 2. {Legislative Declarations.} This legislature finds and declares that: (A) Economic stability and growth are among the most important […]

Local Government Transparency Act

Local Government Transparency Act Summary This Act requires that a unit of local government or school district having an annual budget equal to, or more than, $500,000 must maintain and post on its website for the current calendar or fiscal year, as the case may be, and the 4 years immediately before that calendar or fiscal year the following information: (i) contact information for elected and appointed officials, (ii) notice of regular and special meetings, (iii) procedures for requesting information from the unit of local government or school district, (iv) annual budget, (v) ordinances under which the unit of local […]

Local Investment Made Easy (LIME) Act

Local Investment Made Easy (LIME) Act Summary Investment crowdfunding—raising money through small contributions from a large number of investors—provides start-ups and smaller enterprises with access to the capital they need to start new business ventures. It also provides the public with the opportunity to invest in ideas, people and businesses in their community, which fosters economic growth and job opportunities for the state. The Local Investment Made Easy Act facilitates intrastate investment crowdfunding by creating an exemption in state securities law that allows for the crowdfunding of projects within the state. The Act also establishes protections for investors and the […]

Local Occupation Freedom Act

Summary Local government is often the more egregious offender in limiting economic opportunity for those with limited means, education, and income through occupational and professional regulations of various kinds, including licensing, certification, registration, franchising, and bonding regulations. It is not uncommon that the regulations flow from the efforts of politically well-connected incumbent businesses to protect themselves from competition. This Act is intended to ensure that occupational and professional regulation at the local level is imposed for the exclusive purpose of protecting the public interest. This Act requires local governments to research the issues involved and prove that the occupational regulation […]

Long Term Asset Management Act

Long Term Asset Management Act Summary This Act encourages the state Department of Transportation to develop and implement long-term asset management strategies and programs for all transportation infrastructure assets. This Act also encourages the Department of Transportation to work in partnership with the private sector to achieve accountability, improve outcomes, and produce savings in an innovative, timely and cost efficient manner. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the “Long Term Asset Management Act” Section 2. {Definitions} The following definitions apply in this section: (A) “Long term asset management strategies and programs:” […]

Long-Term Care Tax Credit Act

Long-Term Care Tax Credit Act Model Legislation Section 1. Title. This Act may be cited as the “Long-Term Care Tax Credit Act”. Section 2. Main Provisions. (A) A taxpayer shall be allowed a credit against the state income tax in an amount equal to 10 percent to 20 percent of the premium cost paid during the taxable year for a long-term care insurance policy that offers coverage to either the individual, the individual’s spouse, or a dependent for whom the individual was allowed to deduct a personal exemption for the taxable year. (B) No taxpayer shall be entitled to such […]

Madison Amendment

Madison Amendment Summary Without making any change to the structure of the Constitution of the United States of America, the Madison Amendment guarantees that states have the power to limit the scope of an Article V Convention to just a single amendment.  The Madison Amendment eliminates the risk of an inadvertent ”runaway” Constitutional Convention and ensures that states have, as the Constitution’s authors intended, the same power as Congress to propose a single Amendment to the Constitution. Model Resolution Proposing an amendment to the Constitution of the United States allowing the States to call a limited convention solely for the […]

Mandated Benefits Review Act

Mandated Benefits Review Act  Model Legislation Section 1. Title. This Act may be cited as the “Mandated Benefits Review Act.” Section 2. Statement of Purpose. The purpose of this Act is to provide for a review of mandated benefits.  This Act requires that a proposed mandated benefit or an amendment to an existing law or an amendment to a proposal for mandated health benefits, mandated health insurance coverage, or mandated offerings of health benefits, be reviewed by the Department of Insurance.  The Department of Insurance shall provide to the legislature an actuarially-based review with regard to the proposal’s medical efficacy […]

Medicaid Block Grant Act

 Medicaid Block Grant Act Summary This Act relates to reforms designed to support state Medicaid programs, including requesting federal authorization to fund the state Medicaid program through a block grant or similar funding; establishes eligibility requirements, sliding scale subsidies, provisions for HSAs, a Medicaid reform task force, and provisions for the delivery of long term care. Model Policy Chapter 1. Title and Definitions. Section 1. Title. This Act shall be known as the “Medicaid Block Grant Act.” Section 2. Definitions. In this Act: (1) “Commission” means {insert applicable state health and human services agency or commission}. (2) “Health benefit exchange” […]

Medicaid Consumer-Directed Care Act

Medicaid Consumer-Directed Care Act  Summary The purpose of this Act is to allow consumers to be in charge of directing their own care.  In the existing system, disabled Medicaid beneficiaries have very little control over the long term care services they receive.  This legislation is designed to provide consumers more independence, flexibility, and choice in determining and arranging their care.  It challenges the notion that all Medicaid recipients are incapable of managing their own care effective and responsibly.  The Medicaid Consumer Directed Care Act is designed to provide control to eligible persons so that they might purchase the kind of […]

Medicaid Managed Long-Term Services and Supports Act

Medicaid Managed Long-Term Services and Supports Act Summary The purpose of this Act is to implement a coordinated, capitated long-term care program for Medicaid beneficiaries who are chronically ill or have disabilities and who need health and long-term care services and supports, such as home care or adult day care. The program will allow these people to stay in their homes and communities as long as possible, and delay the transition to institutional care. The plan arranges and pays for a large selection of health and social services, and provides choice and flexibility in obtaining needed services from one place, at […]

Medicaid Reimbursement for Drugs Act

Medicaid Reimbursement for Drugs Act Summary This Act repeals the ability of current or future state Medicaid programs to restrict access to drugs with closed formularies. Specifically, the legislation states that no state department, division, or agency shall maintain a drug formulary that restricts a physician’s ability to treat a patient with a drug that has been approved and designated as safe and effective by the federal Food and Drug Administration. Model Legislation Section 1. This Act may be cited as the “Medicaid Reimbursement for Drugs Act.” Section 2. A practitioner may prescribe legend drugs in accordance with this chapter […]

Medical Treatment Decision Act

Medical Treatment Decision Act Model Policy Section 1. Title.  This Act shall be known and may be cited as the “Medical Treatment Decision Act.” Section 2. Findings. The legislature finds that a competent adult has been traditionally reorganized as having the right to accept or reject medical treatment concerning his person.  The legislature also finds that recent advances in medical technology have made it possible to prolong dying through the use of extraordinary, extreme, or radical medical or surgical procedures.  The use of such medical or surgical procedures often involves patients who are unconscious or otherwise incompetent to accept or […]

Model Act On Private Enforcement Of Consumer Protection Statutes

Model Act on Private Enforcement of Consumer Protection Statutes Summary State consumer protection statutes, frequently known as “unfair and deceptive trade practices acts,” vary widely from state to state.  ALEC’s Model Act on Private Enforcement of Consumer Protection Statutes structures the private right of action under such laws to reflect sound public policy.  Legislation based on the model act must be carefully drafted to fit within the state’s existing statutory scheme.  Cross-references to the state’s existing definition of an unlawful act or practice, optional language, and language that may be altered to fit the preference of the sponsor or consistency […]

Model Fiduciary Access to Digital Assets Act

Model Fiduciary Access to Digital Assets Act Summary: Reconciling federal privacy law with requests by fiduciaries and executors for access to digital assets of deceased person, has raised serious conflict of law and preemption questions for the states and privacy questions for users of online services. This model act balances the interests of estate administrators, with the privacy of users with whom and about whom they have communicated.  This act also recognizes the duties imposed on online service providers under the federal Electronic Communications Privacy Act (ECPA). This act clarifies the procedures to gain access to or obtain copies of […]

Model Policies Annual Meeting 2013

In August 2013, ALEC members met in Chicago to discuss and debate new model policies. Below is a full list of newly adopted policies from the 2013 Annual Meeting. All model policies are subject to review and reaffirmation every five years. Commerce, Insurance, and Economic Development Task Force Temporary Help Unemployment Insurance Act Summary: This Act requires, as a condition of unemployment benefit eligibility, that temporary employees contact their temporary help employer for new work upon completion of their temporary assignment. The Act also requires that temporary employees be informed of this requirement. Communications and Technology Task Force Information Security […]

Model Policies Spring Task Force Summit 2014

In May 2014, ALEC members met in Kansas City to discuss and debate new model policies. Below is a full list of newly adopted policies from the 2014 Spring Task Force Summit. All model policies are subject to review and reaffirmation every five years. Civil Justice Task Force Public Participation Protection Act Summary: The ALEC Public Participation Protection Act is intended to encourage and safeguard public participation in civic society. Some have abused the civil justice system by filing, or threatening to file, lawsuits against those who express their views on matters of public concern. The goal of such lawsuits […]

Model Resolution on Limited Government

Model Resolution on Limited Government Summary: This resolution encourages Congress and legislatures to recognize and honor the necessary limitations of government, and to restore greater economic liberty to their citizens for the sake of freedom itself. WHEREAS, the proper role of government is to protect individual citizens’ inalienable rights to life, liberty, property, and the fruits of their own labor; and WHEREAS, citizens voluntarily bestow coercive power upon government to levy taxes insofar as it is necessary to fill that role; and WHEREAS, this privilege of coercive power must therefore not be abused to expand government beyond its proper role […]

Model Rules Governing Discovery of Electronically Stored Information and Limitations on Waiver of Attorney-Client Privilege and Work Product

Model Legislation  Rule 1. {Definitions} In these rules: (A) “Discovery” means the process of providing information in a civil proceeding in the courts of this state pursuant to [insert reference to state rules of civil procedure or these rules]. (B)  “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. (C)  “Electronically stored information” means information that is stored in an electronic medium and is retrievable in usable form. (D) “Attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications. (E)  “Work-product protection” means the protection that applicable law provides for attorney […]

Model State Administrative Tax Tribunal Act

Model State Administrative Tax Tribunal Act Section 1. Statement of Purpose To increase public confidence in the fairness of the State tax system, the State shall provide an independent agency with tax expertise to resolve disputes between the [department of revenue] and taxpayers, prior to requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer has had a full opportunity to attempt settlement with the [department of revenue] based, among other things, on the hazards of litigation. By establishing an independent tax tribunal within the executive branch of government, this Act provides […]

Model State Bill Prohibiting Wireless Handsets in Prisons*

Model State Bill Prohibiting Wireless Handsets in Prisons* Summary: Most prisons prohibit inmates from possessing mobile phones or wireless handsets due to their ability to communicate with the outside world, which raises concerns about prison security. They provide inmates with the ability to send and receive unauthorized phone calls, email and text messages, use social media, and follow news pertaining to their case. They can also be used to plan an escape or coordinate criminal activity. Therefore, mobile phones and wireless handsets are some of the most smuggled items into prisons. This bill aims to curb the smuggling of mobile phones and wireless handsets into prisons for prohibited […]

Multiple Award Schedule Contracts Act

Multiple Award Schedule Contracts Act Summary This Act allows state contracts to be awarded via Multiple Award Schedule (MAS) contracts. MAS contracts provide state agencies the freedom to evaluate vendors based upon a variety of factors including: discounts, total lifecycle costs, service, warranty, distribution channels, and past vendor performance. MAS contracts allow multiple vendors to compete and be awarded a contract based upon the value of their products or services and result in competitive pricing, transparency, administrative savings, expedited procurement, and flexibility for state purchasers. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the […]

Municipal Telecommunications Private Industry Safeguards Act

Municipal Telecommunications Private Industry Safeguards Act Summary The Legislature recognizes the importance of the widespread provision of telecommunications and advanced services and cable television services. For the vast majority of citizens these services are provided by private entities. In certain instances municipalities or their agents have sought to provide such services in competition with private providers. This act limits the authority of municipalities to own and operate telecommunications and advanced service and cable television facilities and to provide public and advanced telecommunication and cable television services to a municipality’s inhabitants. When municipalities do provide such services this act provides safeguards […]

National Teacher Certification Fairness Act

National Teacher Certification Fairness Act Summary This act creates a level and open playing field between nationally recognized teacher certification programs. Model Legislation Section 1. {Short Title.} The National Teacher Certification Fairness Act. Section 2. {Open Competition.} Wherever possible in appropriate state statute, the following language change shall be made: (A) Wherever statue, regulation, or spending bill mentions National Board for Professional Teaching Standards, insert, “or National Council on Teacher Quality.” Section 3. {Testing Fee Support.} If state testing fee support is provided to teachers seeking National Board for Professional Teaching Standards certification, the following language change shall be made: […]

Navigator Background Check Act

Navigator Background Check Act Summary This bill creates registration and reporting procedures for health care insurance navigators in {insert state}. Model Policy Section 1. Title. This Act shall be known as the “Navigator Background Check Act.” Section 2. Definitions. “Health care insurance navigator” means a person who is selected to perform in {insert state} the activities and duties identified in 42 United States Code Section 18031(i) and includes any person who receives grant monies from the United States Department of Health and Human Services, state or a health care exchange or private monies to perform any of the activities or […]

Neutrality and Integrity in Software Procurement Act

Neutrality and Integrity in Software Procurement Act Summary This Act amends the state’s procurement rules to preserve choice, competition, and integrity in the state’s selection and installation of software products. It requires that software procurement decisions made by the state consider: (1) the total cost of ownership during the full life of the software, including service and maintenance; and (2) performance criteria and value of the software based on its ability to meet the specific needs of the state. The Act also prevents the state from limiting software choice through express or implied preferences for any specific model of software […]

Non-Potable Groundwater Use Act

Non-Potable Groundwater Use Act PURPOSE :  The purpose of this act is to remediate contaminated water that is not usable as drinking water and make it available for an appropriate and beneficial use and to set standards for alternative use. Be it enacted by the Legislature of the State of ______________: Section 1.  Legislative Intent This Act contains the following essential elements: Institution of a proportionate liability system to replace joint liability for hazardous substance cleanups. Relief for parties that cannot afford to pay their share of cleanup costs. Site prioritization with greater emphasis on risk to human health and […]

Noneconomic Damage Awards Act

Noneconomic Damage Awards Act Summary The Noneconomic Damage Awards Act provides that an award for noneconomic damages shall not exceed a fixed amount adopted by the legislature or the amount awarded in economic damages, whichever amount is greater. Economic damages, such as medical expenses and lost income, are fully compensated and are not subject to the limitation. Model Policy Section 1. {Title} This Act shall be known and may be cited as the Noneconomic Damage Awards Act. Section 2. {Definitions} The following words, as used in this Act, shall have the meaning set forth below, unless the context clearly requires […]

Notice and Opportunity to Repair Act

Summary A Claimant filing a Construction Defect suit must provide written notice of each alleged Construction Defect to a Contractor 90 days before a suit is filed and provide the evidence supporting such claim.  Claimants must provide Contractors reasonable access to the Dwelling to determine the nature and extent of a defect(s). Contractors must respond to the Claimant within 30 days of the notice and may offer to remedy the defect, compromise by payment, or reject, in whole or in part, the claim. Claimants may not amend their list of defects without providing additional notice and opportunity to repair to […]

Ombudsman Act

Ombudsman Act Summary This Act insures proper safeguards are in place to protect the rights of property owners guaranteed in the U.S. Constitution and state constitutions. Model Policy Section 1.  {Short title}  This Act may be referred to as the Ombudsman Act. Section 2.  {Definitions}  The following words, in this Act, have the meaning set forth below: (A)  “Constitutional taking” or “taking” means that due to a governmental action or proposed government action private property is or will be taken and compensation to the owner of that property is required by either: (1)    the fifth or fourteenth amendment to the […]

Omnibus Concurrent Resolution

OMNIBUS CONCURRENT RESOLUTION Summary This resolution contemplates two congressional legislative acts (the Article V convention call, ratification selection), condensing them into one counterpart federal legislative act and is a companion bill to the Draft Compact for America. Model Resolution ____ Congress __ Session __.Con.Res.___ Be it resolved by the _________ of the United States of America (the ____ Concurring) in Congress Assembled, Section 1. Omnibus Concurrent Resolution to Effectuate the Compact for America (a) DECLARATION—The Congress determines and declares that this omnibus concurrent resolution calls the Convention contemplated by the Compact for America under Article V of the United States Constitution, and refers […]

Online Bidding Act

Online Bidding Act Summary This Act would allow public agencies to use on-line, electronic bidding as a means of obtaining bids from vendors for the procurement of goods, services, construction and information services. Model Policy Section 1. {Title} This Act may be cited as the “On-line Bidding Act.” Section 2. {Legislative Findings} The legislature purposes: (A) to provide increased economy in government procurement activities and to maximize to the fullest extent practicable the purchasing values of funds while ensuring that procurements are the most advantageous to public agencies; (B) to foster effective broad-based competition for public procurement within the free […]

Online Learning Clearinghouse Act

Online Learning Clearinghouse Act Summary The Online Learning Clearinghouse Act creates a clearinghouse through which school districts may offer their computer-based courses to students of other school districts. Model Policy Section 1. {Title.} Online Learning Clearinghouse Act Section 2. {Definitions.} (A) “Clearinghouse” means the clearinghouse established under Section 3. (B) “Data verification code” means a code that is assigned to each student that is unique on a statewide basis. (C) “One credit” and “half-credit” mean the customary academic unit of credit granted for secondary school courses in this state. (D) “Student’s school district” means the school district operating the school […]

Online Motor Vehicle Insurance Verification Act

Online Motor Vehicle Insurance Verification Act Summary An Act relating to motor vehicle insurance; providing for the establishment of an online verification system; providing for codification; and providing an effective date. Model Policy Section 1. {Title} This act may be cited as the Online Verification System (A)  The Department of ______________ (hereinafter “Department”) shall establish an accessible common carrier based system for online verification of the evidence of vehicle insurance, as specified; requiring motor vehicle insurers to provide policy information for the online verification system, as specified; providing an appropriation; and providing for an effective date. Implementation of an online […]

Open Contracting Act

Open Contracting Act Summary This act prohibits public agencies from imposing labor requirements as a condition of performing public works. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act shall be known and may be cited as the Open Contracting Act. Section 2. {Statement of Purpose.} The purpose of this Act is to prohibit public agencies from imposing certain labor requirements as a condition of performing public works. Section 3. {Prohibited activities.} The State and political subdivisions, agencies and instrumentalities thereof, when engaged in procuring products or services or letting contracts for manufacture of public works, or overseeing […]

Opportunity to Correct

Summary This legislation adds to the state inspector toolbox one more tool to help ensure compliance with state and federal laws.  This tool would be used prior to the issuance of a Notice of Violation (NOV).  It allows for the regulated community an opportunity to correct a violation prior to the issuance of an NOV for other and those deficiencies identified below.  It should be the goal of the state inspectors to work with the regulated community towards compliance and not to see how many NOV they can issue.  This legislation does not remove the other tool the state inspector […]

Optional Medicaid Benefits Evaluation Act

Optional Medicaid Benefits Evaluation Act Model Legislation Section 1. Title.  This Act shall be known as the “Optional Medicaid Benefits Evaluation Act.” Section 2. Definitions. (A)  “Medicaid” is the federal Title XIX Medical Assistance program administered by states and funded in part by the federal government. (B)  “Independent third party” is a public or private entity or private person having no ongoing financially dependent relationship with the {insert appropriate state agency}, the Auditor General, or the {insert name of state Medicaid Agency}, and that possesses the necessary expertise to conduct the evaluation and/or write the report as described in this […]

Organ Donation Tax Deduction Act

Organ Donation Tax Deduction Act  Model Policy Section 1. Title.  This Act may be cited as the “Organ Donation Tax Deduction Act.” Section 2. Purpose.  The purpose of the “Organ Donation Tax Deduction Act” is to create an individual income tax subtract modification for certain individuals who donate a human organ. Section 3. Scope and Definitions. (A)  Subject to the conditions in this paragraph, an individual may subtract up to $10,000 from federal adjusted gross income if he or she, while living, donates one or more of his or her human organs to another human being for human organ transplantation, […]

Out-Of-State Charity Care Act

Out-Of-State Charity Care Act Summary and Background This Act permits out-of-state health care professionals to provide charity care at free medical clinics. The health care professionals must be licensed in another state or territory and must restrict the services provided to those services he or she is licensed to provide. The health care professional must provide a copy of his or her license, to be kept by the clinic for a period of two years. This bill has been enacted into law in the State of Illinois. Model Policy Section 1. Title.  This Act may be cited as the Out-of-State […]

Parent Trigger Act

Parent Trigger Act Summary The Parent Trigger Act places democratic control into the hands of parents at school level. Parents can, with a simple majority, opt to usher in one of three choice-based options of reform: (1) transforming their school into a charter school, (2) supplying students from that school with a 75 percent per pupil cost voucher, or (3) closing the school. Model Legislation Section 1: {Short Title.} This act may be cited as the “Parent Empowerment and Choice Act” or the “Parent Trigger Act.” Section 2. {Definitions.} For purposes of this article, the following definitions apply: (A) “Parent” […]

Patient Access Expansion Act

Patient Access Expansion Act Summary This act prohibits the state from requiring any form of the Federation of State Medical Boards’ proprietary Maintenance of Licensure program, including any Maintenance of Licensure program tied to Maintenance of Certification, as a condition of medical licensure, and additionally prohibits the state from requiring Specialty Medical Board Certification and Maintenance of Certification in order to practice medicine within the state. This act also prohibits state medical boards, and any agencies or facilities accepting state funding, from discriminating against physicians who do not maintain specialty medical board re-certification. This act in no way is intended […]

Patient’s Right To Know Act

Patient’s Right To Know Act Model Legislation Section 1. Title.  This Act shall be known as the “Patient’s Right to Know Act.” Section 2. Purpose. The purpose of this legislation is to provide health care consumers with better information on the cost of their medical care and to introduce elements of competition into the marketplace. Section 3. Applicability and Scope.  This legislation shall apply to all providers of medical care in this state, and any health maintenance organization or health insurer conducting business in this state, and self-insured health plans offered by any unit of government in this state. Section […]

Patients First Medicaid Reform Act

Patients First Medicaid Reform Act Summary This legislation would put patients in charge of their care and provide them 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. Model Legislation Section 1. Title.  This Act may be cited as the “Patients First Medicaid Reform Act.” Section 2. Definitions. (A)  “Medicaid Savings Account,” or “MSA,” is an account funded by the {insert state Medicaid agency} which […]

Pension Funding and Fairness Act

Pension Funding and Fairness Act Summary The Act combines a traditional spending limit with debt paydown, rainy day fund, and taxpayer refund provisions.  First, the Act establishes a Spending Growth Index of inflation plus population growth which is used as a limit on state spending each year.  Second, the Act requires remaining general funds to be used to pay down past due debt through a Past Due Paydown Fund.  Once the state’s past debt has been paid down, revenues above the Spending Growth Index will be placed in a Budget Stabilization Fund equal to no more than 8 percent of […]

Performance Based Permitting Act

Performance Based Permitting Act SUMMARY:  An act to establish performance based environmental permitting system, to include an environmental incentives program. Be It Enacted by the State of ­___________: Section 1.  Short Title:  This act shall be known as the “Performance Based Permitting Act.” Section 2.  Purpose: (a).  Permit applicants with a history of compliance with environmental laws and regulations should be eligible for an expedited permit for extended periods of time, and automatic permit renewals. (b).  Permit applicants with a history of non-compliance with the environmental laws and regulations shall under the normal process of review and permit renewals can […]

Periodic Payment of Judgments Act

Summary The Periodic Payment of Judgments Act modifies the common law rule requiring that judgments be paid as a lump sum. The modifications provided by the Act allow a claimant to be paid in two or more installments funded by an annuity, by a casualty insurer, or by other satisfactory means. Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Periodic Payment of Judgments Act. Section 2. {Definitions} The following words, as used in this Act, shall have the meaning set forth below, unless the context clearly requires otherwise: (A) “Economic loss” means […]

Personal and Business Flat Tax Act

Personal and Business Flat Tax Act Summary This Act establishes a single, flat-rate tax on personal and business income. Though the ultimate flat tax on income is 0 percent or no income tax at all, if an income tax is imposed, a flat rate system is much preferable to a progressive rate structure. Currently, fourteen states have either a 0 percent tax on income or a flat rate tax on income. In this legislation, the single, flat-rate is determined by each individual state. The personal or business tax rate may not be increased except when 2/3′s supermajority of the legislators […]

Pipeline Replacement and Infrastructure Modernization and Enhancement Act

Section 1.  Short Title. This Act may be called the Pipeline Replacement and Infrastructure Modernization and Enhancement Act (PRIME). Section 2. Purpose. The purpose of this Act is to accelerate the replacement of any existing deteriorating natural gas pipe with upgraded pipe by allowing utilities to immediately recover eligible costs of the replacement through a plan filed with and approved by the state public utility commission.  The Act is intended to remove any limits in utilities’ ability to make needed natural gas pipelinereplacements that will improve reliability of the system and reduce repairs, maintenance costs,and service interruptions for ratepayers. Section 3.  Definitions.As used in this Act: (A) “Commission” means the state public service commission. (B) “Eligible infrastructure replacement” […]

Policy Statement on Alternative Fuels

The American Legislative Exchange Council (ALEC) resolves that government should not mandate what type of motor vehicle or fuel is best.  Instead, it should set reasonable emission performance standards and allow the private sector flexibility to develop vehicles and fuels which will meet these standards at an acceptable cost and with satisfactory vehicle performance.  ALEC believes that any alternative fuel used should be environmentally cleaner than the fossil fuel that it will replace.  There are concerns currently with the production of formaldehyde emissions from methanol fuels, and ALEC strongly feels that these environmental concerns should be fully studied. ALEC believes […]

Political Funding Reform Act

Political Funding Reform Act Summary This model bill prohibits the payroll deduction of monies used for political purposes. It also establishes penalties for a violation of this section. Model Policy Section 1. {Short Title} This Act shall be known as the Political Funding Reform Act. Section 2. {Legislative Declaration} This legislature finds and declares: A. That it is in the interest of this State’s citizens to ensure that government resources, including public employee time, public property or equipment, and supplies be used exclusively for activities that are essential to carrying out the necessary functions of government; B. That necessary governmental […]

Pollution Control or Abatement Flexibility Act

Summary The Pollution Control or Abatement Flexibility Act is designed to encourage the development and use of innovative technology that improves environmental protection. The Act would reduce regulatory burdens by letting a state environmental agency enter into a contract with a regulated entity allowing the alternative methods of compliance with a statute or state agency rule requiring the control or abatement of pollution. Key components include: requiring the alternative method to be at least as protective of the environment and the public health as the statute or agency rule that would otherwise apply, that the method not be inconsistent with […]

Pollution Prevention Act

Pollution Prevention Act Summary ALEC’s model Pollution Prevention Act is designed to ensure public health and safety through the reduction in the use and release of toxic chemicals and reduce the generation of hazardous waste. Key components of the bill include: technical assistance for waste reduction programs, toxic use and release reduction and hazardous waste reduction plans for generators, annual progress reports from generators; an advisory committee and confidentiality of programs. Model Policy {Title, enacting clause, etc.} Section 1. {Short title.} This act may be cited as the Pollution Prevention Act. Section 2. {Legislative findings and declarations.} The legislature finds […]

Power Plant Siting Act

Summary This Act creates a single Board that functions as the permitting authority for all governmental approvals necessary to site a Power Plant in the state. Model Policy Section 1. {Title} This act shall be known and may be cited as the Power Plant Siting Act. Section 2. {Findings} The legislature finds and declares: A. Demand for electricity is at an all time high. B. Reasonably priced, reliable sources of energy are vital to the well-being and prosperity of the people of this state. C. Power Plants are developed primarily through the free enterprise system, require a major commitment of […]

Pre-emption of Local Agriculture Laws Act

Pre-emption of Local Agriculture Laws Act Summary Makes legislative finding and declaration that regulation of agricultural seed, flower seed and vegetable seed and products of agricultural seed, flower seed and vegetable seed be reserved to state. Prohibits enactment or enforcement of local measures to regulate agricultural seed, flower seed and vegetable seed or products of agricultural seed, flower seed and vegetable seed. Model Policy Section 1. The Legislative Assembly finds and declares that: (1) The production and use of agricultural seed, flower seed and vegetable seed and products of agricultural seed, flower seed and vegetable seed are of substantial economic […]

Prejudgment and Post-Judgment Act

Summary The Model Prejudgment and Post-judgment Interest Act provides for the reform of statutory interest rates for both prejudgment and post-judgment interest. The Act also provides a six month exception to prejudgment interest and a provision encouraging offers of settlement. Model Legislation Section 1. {Short Title} This Act may be referred to as the Prejudgment and Post-judgment Award Act. Section 2. {Interest on Contracts} (A) Interest on an award of damages rendered on a written instrument without a specified interest rate shall be calculated for the period of time elapsed between the date of the filing of the action and […]

Prevailing Wage Repeal Act

Prevailing Wage Repeal Act Summary This act repeals all laws that require administratively determined employee compensation rates, including wages, salaries and benefits. Model Policy Section 1. {Short Title.} This Act shall be known as the Prevailing Wage Repeal Act. Section 2. {Legislative Declarations.} The legislature finds and declares that: (A) Prevailing wage laws increase the costs of government and business and diminish the number of jobs generated by the economy. (B) Prevailing wage laws raise the wages and benefits for the few at the expense of taxpayers. (C) Prevailing wage laws add as much as 30 percent to the cost […]

Principles on Online Privacy

Principles on Online Privacy The American Legislative Exchange Council acknowledges that a market environment is essential for future success of the Internet. The proposed set of policies accounts for new technologies and tools that effectively empower consumers to protect their privacy. A consumer and private-sector-driven approach via self-regulation avoids undue regulatory burden that would threaten a thriving electronic marketplace. The American Legislative Exchange Council recognizes that the Internet has flourished due in large part to the unregulated environment in which it has developed and grown. Self-regulation, industry-driven standards, individual empowerment and a market environment generally promise greater future success than […]

Prior Authorization Resolution

Prior Authorization Resolution  Summary This resolution was developed by the Health Care Task Force for state legislators to show support for open access to pharmaceuticals as an effective method of containing costs in the total Medicaid budget.  This resolution also states opposition to restrictive measures such as drug formularies and prior authorization programs. Model Resolution WHEREAS prescription medicines are vitally important to ensuring good health and quality of life for Medicaid recipients; and WHEREAS the cost-effectiveness of pharmaceuticals contribute to improved overall health care is exemplified by a reduction in emergency room visits, in-hospital days, physician visits, unnecessary surgeries, as […]

Private Attorney Retention Sunshine Act

Model Legislation Section 1. {Title} This act may be known as the Private Attorney Retention Sunshine Act Section 2. {Definitions} (A) For the purposes of this Act, a contract in excess of $1,000,000 is one in which the fee paid to an attorney or group of attorneys, either in the form of a flat, hourly, or contingent fee, and their expenses, exceeds or can be reasonably expected to exceed $1,000,000. (B)  For the purposes of this Act, “fees” shall include any compensation for legal services however measured, including but not limited to flat, hourly, and contingent fees. Section 3. {Procurement} […]

Private Enforcement of Consumer Protection Statutes Act

Private Enforcement of Consumer Protection Statutes Act Summary State consumer protection statutes, frequently known as “unfair and deceptive trade practices acts,” vary widely from state to state.  ALEC’s Model Act on Private Enforcement of Consumer Protection Statutes structures the private right of action under such laws to reflect sound public policy.  Legislation based on the model act must be carefully drafted to fit within the state’s existing statutory scheme.  Cross-references to the state’s existing definition of an unlawful act or practice, optional language, and language that may be altered to fit the preference of the sponsor or consistency with state […]

Privatization and Initiative Panel Act

Privatization and Initiative Panel Act Summary This bill establishes a privatization initiative panel to consider government priorities by determining what activities are inherently governmental and which could be more efficiency provided by a private source. The process should bring a decrease in the number of goods and services delivered by the government while ensuring that those goods and services are still available. If done prudently, privatization has the potential to increase efficiency, effectiveness, and reduce the tax burden. (An example of this bill is New York SB #8774, 1992) Model Legislation {Title, enacting clause, etc}    Section 1. {Short Title.} […]

Product Liability Act

Product Liability Act Summary The Model Product Liability Act (“Model PLA”) provides legislators with core product liability provisions reflecting the best practices of the states.  Approximately twenty states have codified their product liability laws; several did so based on the original ALEC model Product Liability Act adopted in 1995 (“the 1995 Act”).  The current Model PLA updates the 1995 Act to reflect three sets of developments:  tort law theories advanced in legislatures and courts since 1995; product liability laws adopted in state legislatures since the 1995; and the adoption of the Restatement, Third of Torts: Products Liability in 1998.  The […]

Product Liability Resolution

Product Liability Resolution Summary ALEC’s model Product Liability Resolution recognizes that most manufacturers engage in interstate commerce, and that the state product liability reform effort would be benefited by the establishment of a uniform product liability standard at the federal level. Model Resolution {Title} WHEREAS, product liability has created serious problems for interstate commerce; WHEREAS, common law or case law product liability law has created a situation where product sellers have little or no predictability with respect to their obligations in designing a warning about products. So, too, insurance underwriters are unable to set product liability rates in a rational […]

Prohibition Against Regulation of Nutritional Information Dissemination

Prohibition Against Regulation of Nutritional Information Dissemination Section 1. (1) A municipality may not regulate the dissemination of nutritional information or the content required to be placed on a menu, menu board, or food tag by a restaurant, eating establishment, or other food facility. (2) An ordinance or regulation that violates Subsection (1) is void. Section 2. (1) A county may not regulate the dissemination of nutritional information or the content required to be placed on a menu, menu board, or food tag by a restaurant, eating establishment, or other food facility. (2) An ordinance or regulation that violates Subsection […]

Prohibition on Paid Union Activity (Release Time) by Public Employees Act

Prohibition on Paid Union Activity (Release Time) by Public Employees Act Summary This Act prohibits “release time”—the practice of paying a public employee a public salary for time spent in union recruiting and representation activities. In some cases, public employees have become full-time union activists, drawing a full-time public salary and enjoying publicly paid benefits such as health insurance and pension earnings while doing so. While public employees should not be prohibited from freely associating outside of their employment duties, including hiring individuals to help represent their interests, this should occur at public employee, not taxpayer, expense. Model Policy Section […]

Promoting Transparency in State Unfunded Liabilities

Promoting Transparency in State Unfunded Liabilities It is clear that citizens are demanding greater transparency in accounting for the costs of state and local government. Given the large and growing unfunded liabilities in pension and other post employment benefit plans, it is crucial for state and local governments to meet accounting standards for these plans established by the Government Accounting Standards Board (GASB). ALEC’s intent is to make citizen access to GASB information as open, transparent, and publicly accessible as possible. Increasing transparency significantly contributes to governmental accountability, public participation, and the understanding of the cost of government services. Consumers […]

Property Investment Protection Act

Summary This act protects against the diminution of the value of a private home or other property investment when government action is taken to serve a public purpose by making changes in a property’s land use or zoning status. Model Legislation Section I. This act shall be known as the Property Investment Protection Act Section II. If any action by a [CITY, COUNTY, JURISDICTION, OR REGULATORY AUTHORITY OF THE STATE] to change the land use or zoning status of real property causes a reduction in the use or exchange value of that property, the property is considered to have been taken […]

Property Owners Disclosure Act

Summary This legislation requires that certain scientific data collected on private property by state environmental officials may not be compiled in a way that identifies the property owner’s land unless expressly authorized by the property owner to do so. Further, incidental environmental information must be disregarded by state environmental officials if such information falls outside the scope of their original reason for entering private property. Model Policy Section 1. {Short Title} This Act shall be known as the Property Owner Disclosure Act. Section 2. {Entering Private Land} (A) To enforce the game and fish laws of the state and to […]

Property/Casualty Insurance Modernization Act

Property/Casualty Insurance Modernization Act Summary This model bill establishes a use and file rate regulatory system for personal lines of insurance, a no-file system for commercial lines, and allows policies sold to large, sophisticated commercial insurance providers to be exempt from rate and regulatory requirements. This creates a more competitive and less onerous regulatory environment in the property/casualty insurance industry. This model is intended for consideration in insurance regulatory jurisdictions with a more restrictive rate filing and review system than outlined in the bill. Model Policy Section 1. {Short Title} This act shall be known as the Property/Casualty Insurance Modernization […]

Protecting Property Rights to Facilitate Species Conservation

An act relating to the authority of a political subdivision to prepare and implement a regional habitat conservation plan or habitat conservation plan or to enter into a conservation agreement. Be it enacted by the State of____________________________ : Section 1. PURPOSE. The purpose of this Act is to: (A) establish the requirements for and authority of a governmental entity to regulate wildlife through the development, financing, and implementation of a regional habitat conservation plan or a habitat conservation plan; (B)  encourage governmental entities to use the authority under this Act to develop and implement habitat conservation plans instead of regional […]

Public Employee Bargaining Transparency Act

Public Employee Bargaining Transparency Act Summary This model bill opens public-sector collective bargaining sessions and documents to the public. Model Policy A bill to amend the Code of [STATE] by adding a section related to transparency in public-sector collective bargaining. Section 1. {Short Title} This Act shall be known as the Public Employee Bargaining Transparency Act. Section 2. {Legislative Declarations} The legislature finds and declares that: A. Labor negotiations between government and government employees are an extension of the people’s business; B. Since those negotiations deal with the public employer and public employees, taxpayers have a vested interest in the […]

Public Employee Choice Act

Public Employee Choice Act Summary Government employees and any unions they may designate to represent them are excluded from National Labor Relations Act (NLRA), and are instead subject to state and local laws governing collective bargaining. Many of these laws are “monopoly bargaining laws,” meaning that even in states with right-to-work legislation —which bars payment of dues or fees as a condition of employment — employees are still forced to accept a union as their sole representative in the workplace. Similarly, unions are required to represent employees who do not wish to be represented. Employees do not have the right […]

Public Employee Freedom Act

Public Employee Freedom Act Summary Excluded from National Labor Relations Act (NLRA), public employees are subject to state and local laws governing collective bargaining. Many of these laws are “monopoly bargaining laws,” which means that even if an employee chooses not to join a union, he or she must accept the terms of the contract negotiated for unionized workers in the workplace. This act establishes the workers’ right, in mutual agreement with the public employer, to representation by a public employee’s own choosing. Model Policy Section 1. {Short Title.} This Act shall be known as the Public Employee Freedom Act. Section […]

Public Employee Paycheck Protection Act

Public Employee Paycheck Protection Act  Summary Though states have broad authority to allow deductions from individuals’ paychecks if those individuals request or allow it, a one-time permission should not suffice to allow any kind of deduction to occur for the duration of an employee’s employment, be it for charitable donations, employee benefits, or union dues. This Act would require that yearly express permission be given by individual employees to allow dues and other optional deductions from their paychecks to occur. Model Policy Section 1. {Yearly Employee Paycheck Deductions Approval Required} (A) For deductions after [insert appropriate date], a public employer in this […]

Public Lands Policy Coordination Act

Summary This bill creates a state Public Lands Policy Coordinating Office and the Public Lands Policy Coordinating Council for the purpose of creating a cohesive public lands policy and maximizing recognition of state and local interest in the federal land use management process. This bill provides for the appointment of an office coordinator to administer the office and also establishes the office coordinator’s duties as well as the membership of the council and its duties. This bill works in conjunction with the “State Standards for Federal Resource Management Act.” Bill Information This bill was originally introduced in the Utah legislatures […]

Public Participation Protection Act

Public Participation Protection Act Summary The ALEC Public Participation Protection Act is intended to encourage and safeguard public participation in civic society. Some have abused the civil justice system by filing, or threatening to file, lawsuits against those who express their views on matters of public concern. The goal of such lawsuits is not to win on the merits. Rather, the purpose of the lawsuit is to discourage, intimidate, retaliate against and, ultimately, silence critics by forcing them to spend time and money to defend themselves in litigation. The model act protects individuals and organizations that speak, petition the government, […]

Public Prerogatives Act

Public Prerogatives Act Summary Union contracts often constrain public agencies from obtaining or producing public services for the lowest cost. In the competitive private sector, the cost of contract provisions that limit contracting or the ability of management to assign work and employees efficiently may be avoided by buyers. However, taxpayers are compelled to bear the costs of restrictive contract provisions in the public sector. It should not be possible for a public agency to abdicate its duty to obtain public services for the lowest cost possible. This Act would forbid public agencies from bargaining over matters of inherent public […]

Public Transportation Consumer Protection Act

Public Transportation Consumer Protection Act Summary ALEC’s model Public Transportation Consumer Protection Act is designed to provide the lowest possible cost of public transportation, consistent with service quality and safety standards by creating a competitive environment in which both public transit agencies and private transportation providers are fairly considered for operation of services. Model Policy (Title, enacting clause, etc.) Section 1. {Short Title.} This Act shall be known and may be cited as the Public Transportation Consumer Protection Act. Section 2. {Legislative Findings and declarations.} The legislature finds and declares that: (A) Public transportation services are provided to assist the transit […]

Public Welfare Accountability Act

Public Welfare Accountability Act Summary State public welfare departments are arguably one of the fastest-growing departments in state government.  Not only is the cost of actual assistance growing exponentially, but the appropriation needed to fund the permanent welfare bureaucracy have grown substantially as well.  And, despite real reductions in caseloads during the 1980s, 1990s and 2000s, many state welfare bureaus did not reduce accordingly.  States should stop this unwarranted growth in bureaucracy. This legislation provides real financial penalties for state and county public welfare departments, as well for cash assistance programs, if a state public welfare department fails to meet […]

Punitive Damages Standards Act

Punitive Damages Standards Act Summary The Punitive Damages Standards Act establishes a standard for liability for punitive damages, raises the burden of proof to clear and convincing evidence, allows a bifurcated trial on the question of whether the defendant is liable for punitive damages, limits the amount of a punitive damages award to twice the amount of the plaintiff’s actual compensatory damages, limits vicarious liability for punitive damages, and precludes imposition of punitive damages when a product or service was approved by a government agency or complies with government regulations. Because the laws governing punitive damages vary among the states, […]

Pupil Transportation Cost-Effectiveness Act

Pupil Transportation Cost-Effectiveness Act Summary ALEC’s model Pupil Transportation Cost-Effectiveness Act is designed to reduce school bus expenditures, without reducing quality or safety, by competitively contracting out school bus services. Key components to the bill include: Model Policy Section 1. {Short title.} This Act shall be known and may be cited as The Pupil Transportation Cost Effectiveness Act Section 2. {Legislative findings and declarations.} The legislature finds and declares that: (A) It is in the public interest for school pupil transportation services to be provided subject to high safety and quality standards; (B) It is in the interests of the taxpayers […]

Quality Education and Teacher and Principal Protection Act

Section 1. {Title} This act may be known as the “Quality Education and Teacher and Principal Protection Act.” Section 2. {Legislative findings} The Legislature finds that ensuring the quality of primary and secondary public education is a compelling State interest. The educational environment of students is often not conducive to learning. Violence is sometimes a threat, while other times educators may lack the authority to maintain safety and discipline in the public schools. The filing of meritless lawsuits against school districts, teachers and administrators, and other school employees interferes with attempts to ensure the quality of public education, particularly where […]

Rational Use of a Product Act

Summary  The ALEC model Rational Use of a Product Act clarifies the law as to when a manufacturer or other seller is subject to liability for injuries stemming from misuse of its products: the alleged injury must result from the reasonable, foreseeable misuse of the product.  The model act accomplishes this goal in two ways.  First, the model act assures that the reasonableness of the consumer’s conduct in misusing the product is taken into account.  The mere fact that a misuse might, in some way, be “foreseeable” is insufficient for imposing liability when the misuse was unreasonable. Second, the model […]

Recidivism Reduction Act

Recidivism Reduction Act Summary Research and practice over the past 25 years have identified new strategies and policies that can make a significant dent in recidivism rates. Implementing these research-backed programs and procedures is called “evidence-based practice.” This Act requires that a to-be-determined percent of offenders be supervised in accordance with evidence-based practices within four years, as well as that a to-be-determined percent of state funds for offender programming be spent on programs that are evidence-based within four years. This Act also requires community corrections agencies to improve policies and practices for crime victims, to provide employees training on evidence-based […]

Recycled/Refined Oil Labeling Act

Summary:  ALEC’s model recycled/refined Oil Labeling Act is designed to reduce the amount of used oil improperly disposed and increase the amount that is reused by establishing a recycled/re-refined oil standard. Section 1. {Short title} This act shall be known and may be cited as the Recycled/Re-refined Oil Labeling Act. Section 2. {Legislative findings and declarations.} This legislature finds and declares that: (A)  A considerable amount of used oil is generated each year in the state and that this oil is a valuable resource which can be used as an environmentally acceptable source of clean, re-refined product among other uses. […]

Regional Air Quality Interstate Compact

 1) EXECUTION OF INTERSTATE COMPACT. This state enacts the Regional Air Quality Compact and enters into the compact with all other states legally joining in the compact in substantially the following form:  2) RESTORING STATE RESPONSIBILITY. Each party state shall work with the other party states to formulate plans for restoring the primary responsibility of States and local governments in the prevention of air pollution and the control of air pollution at its source, in accordance with 42 U.S.C. § 7401(a)(3) of the federal Clean Air Act.  Each party state shall work with other party states to adopt common guidance […]

Regional Health Care Coalition Act

Regional Health Care Coalition Act Summary This Act authorizes the insurance commissioner to establish a coalition of like-minded states with reciprocity agreements for the approval, offer, sale, and rating of comprehensive major medical health insurance plans.  The coalition would also adopt an alternative approval process for such plans. Model Policy Section 1. Title. This Act shall be known as the “Regional Health Care Coalition Act.” Section 2. Statement of Purpose. (A)  The {insert legislature} seeks to initiate cooperation of like-minded states to create a multistate coalition with reciprocity agreements for the approval, offer, sale, rating, medical underwriting, renewal, and issuance […]

Regulatory Class Action Reform Act

Summary Regulatory class actions—in which plaintiff attorneys seek not only to win large monetary awards, but also to regulate the marketplace and manage relations between regulated firms and consumers—empower private attorneys with personal agendas to act as de facto regulators.  Recognizing the threat to democratic principles and public accountability posed by regulatory class actions, the Texas legislature in 2003 enacted comprehensive class action reform legislation that contains a specific provision designed to ensure that regulatory authority statutorily invested in administrative agencies will not be usurped by courts through regulatory class actions. The Regulatory Class Action Reform Act mimics this provision […]

Regulatory Compliance Congruity with Liability Act

Regulatory Compliance Congruity with Liability Act Summary State legislatures and Congress have charged certain government agencies with ensuring that products are safe for public use and that services are provided in a manner that adequately protects consumers.  Government regulations provide standards for the design of automobiles, airplanes, construction equipment, bicycle helmets, swimming pools, lawn mowers, automatic garage doors, ladders and scaffolding, workplace protection, pacifiers and rattles, and even matchbooks.  The Food and Drug Administration (FDA) specifically approves each prescription drug and medical device as safe and effective before patients can benefit from what can be life-saving treatments.  Insurers, public utilities, […]

Regulatory Costs Fairness Act

Regulatory Costs Fairness Act Section 1. Diminution in value; just compensation  A. If the existing rights to use, divide, sell or possess private real property are reduced by the enactment or applicability of any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market value of the property the owner is entitled to just compensation from this state or the political subdivision of this state that enacted the land use law. B. This section does not apply to land use laws that: 1. Limit or prohibit a use or […]

Regulatory Flexibility Act

Regulatory Flexibility Act Summary A policy* to improve state rulemaking by creating procedures to analyze the availability of more flexible regulatory approaches for small businesses. Findings: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy; (2) Small businesses bear a disproportionate share of regulatory costs and burdens; (3) Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies; (4) When adopting regulations to protect the health, safety and economic […]

Regulatory Modernization Act

Regulatory Modernization Act Summary ALEC’s principles for telecommunications deregulation recognize that, since the Telecommunications Act of 1996 was enacted, the telecommunications industry has continually experienced “fits and starts” in advancing deregulation, technology, and furthering competition. Consequently, the process of bringing advanced technology to consumers has become a regulatory morass. It remains ALEC policy that free market principles must prevail. Business should expect a competitive environment unburdened by indiscriminate regulations and market uncertainty with minimal political involvement. In furtherance of these policies, the proposed model legislation would: Preserve intact Commission jurisdiction over areas where continued public interest oversight remains appropriate – such as […]

Regulatory Review and Rescission Act

Regulatory Review and Rescission Act Purpose: Section 1 of this Act institutes a system allowing state lawmakers to examine the efficacy of regulations before implementation, reviewing costs, benefits, and potential impacts on employment.  Section 2 provides a system of retrospective review of regulations three years after they take effect.  Section 2 grants the governor the power to rescind regulations after the retrospective review.   Section 1.  {Review of Future Regulations}  (A) Except as provided in subsection (E), the state budget office shall perform a cost benefit analysis upon each proposed rule and provide it to: (1) the governor; and (2) […]

Reliability in Expert Testimony Standards Act

The Reliability in Expert Testimony Standards Act  Section 1.  {Short Title}  This Act may be known and cited as the Reliability in Expert Testimony Standards Act. Section 2.  {FRE 701: Opinion Testimony by Lay Witnesses} If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences is limited to those opinions or inferences which are (A) Rationally based on the perception of the witness, (B)  Helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and (C)  Not based on scientific, technical, or other specialized […]

Renewable Energy Credit Act

Renewable Energy Credit Act Summary: This act promotes the full use of voluntary markets to satisfy existing Renewable Portfolio Standards (RPS) requirements, while maintaining the existing structure and operation of the state’s electricity market and relationships with regional and national organizations. It removes the limitation on electricity providers restricting the amount of renewable energy credits (RECs) that can be used to comply with a state based annual renewable energy mandate and allows unlimited banking of credits to be used for future requirements.  The bill also provides an avenue for RECs to fully satisfy RPS compliance schedules before their sunset year […]

Rent Control Preemption Act

Rent Control Preemption Act Summary This legislation would effectively preempt all rent control ordinances at the local level. As a result, local governments would be prohibited from enacting, maintaining or enforcing an ordinance that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. Model Policy {Title, enacting clause, etc.} Section 1. This Act may be cited as the Rent Control Preemption Act. Section 2. As used in this Act, “local governmental unit” means a political subdivision of this state, including, but not limited to, a county, city, village, or township, if […]

Rescission External Review Act

Rescission External Review Act Model Policy Section 1. Short Title.  This Act may be cited as the “Rescission External Review Act.” Section 2. Purpose.  The purpose of this Act is to assure that covered persons have an opportunity for an independent external review when coverage is rescinded. Section 3. Definitions.  When used in this Act, the following definitions apply: (A)  “Authorized representative” means a person to whom a covered person has given express written consent to represent the covered person in an external review. (B)  “Independent review organization” means an entity that conducts independent external reviews of rescission determinations. (C)  […]

Resolution Adopting the 10 Elements of High-Quality Digital Learning for K-12

Resolution Adopting the 10 Elements of High-Quality Digital Learning for K-12 Expressing the will of the Legislature to ensure the necessary conditions for expanded high-quality digital learning opportunities for the students of [State]. WHEREAS, academic success in the 21st century, and therefore the future of our state’s economy, is contingent upon our students’ access to high-quality K-12 education; and WHEREAS, today’s students have access to the internet, technology and devices unavailable to previous generations; and WHEREAS, excellent educational resources are becoming abundant in digital form, such as online and blended learning opportunities; and WHEREAS, the primary barriers preventing our students […]

Resolution Against PPACA Health Insurance Exchanges

Resolution Against PPACA Health Insurance Exchanges Summary Twenty-six states have joined in a lawsuit to have the federal Patient Protection and Affordable Care Act (PPACA) ruled unconstitutional.  Nevertheless, many of the plaintiff states continue to plan PPACA health insurance exchanges, using federal funds to do so, undermining their own position as plaintiffs.  This resolution urges state officials to stop planning PPACA exchanges and urges Congress to defund such efforts. Model Resolution WHEREAS, The federal government has enacted the Patient Protection and Affordable Care Act (PPACA) ostensibly for the purpose of making health insurance more affordable for American citizens; and WHEREAS, […]

Resolution Calling for Increased Use of Healthy Oils

WHEREAS, both trans and saturated fatty acids have been recognized as unhealthy and have been associated with increased heart and circulatory diseases, WHEREAS, heart disease is a preventable disease costing the economy millions of dollars annually, WHEREAS, numerous public agencies including schools, hospitals, and prisons feed and provide health care at public expense to portions of the population. WHEREAS, more than 1 billion pounds of trans fats in U.S. diets each year come from partially hydrogenated cooking oils used in making fried foods, WHEREAS, effective January 1, 2006, the Food and Drug Administration (FDA) requires that all food labels must […]

Resolution Calling on the Federal Government to Maximize Its Stimulus Support for Broadband Internet Adoption and Use Programs

Resolution Calling on the Federal Government to Maximize Its Stimulus Support for Broadband Internet Adoption and Use Programs WHEREAS, among the approximately 92 percent of American households that have access to broadband Internet services, only about 61 percent of U.S. households subscribe[1]   and WHEREAS, research shows that a “lack of interest” in broadband is one of the main reasons certain populations do not seek out broadband services[2]; and WHEREAS, research also shows that many non-broadband households view broadband as being either irrelevant or difficult to use,[3] and nearly half of the population that does not subscribe to broadband says it […]

Resolution Concerning EPA Proposed Greenhouse Gas Emission Standards for New and Existing Fossil-Fueled Power Plants

Resolution Concerning EPA Proposed Greenhouse Gas Emission Standards for New and Existing Fossil-Fueled Power Plants Summary: This resolution establishes a state’s responsibility for establishing emission standards and recognizes EPA’s responsibility for establishing guidelines which, when done properly, will lead to cost effective reductions in greenhouse gas emissions without requiring units retirement or a curtailment of operations. This resolution is meant to be a template made up of a series of factual statements (“WHEREAS” clauses) and actions statements (“RESOLVED”) clauses, for each state to review after which the state can select the clauses that best reflect the state’s individual priorities while […]

Resolution Concerning Oil and Gas Production on Federal Lands

Resolution Concerning Oil and Gas Production on Federal Lands WHEREAS, the Mineral Leasing Act of 1920 and the Mineral Leasing Act for Acquired Lands of 1947 give the Bureau of Land Management (BLM) responsibility for oil and gas leasing on about 564 million acres of BLM, national forest, and other Federal lands, as well as State and private surface lands where mineral rights have been retained by the Federal Government. WHEREAS, the Federal Land Policy and Management Act of 1976 charged the BLM with “manag[ing] public land resources for a variety of uses, such as energy development, livestock grazing, recreation, […]

Resolution Concerning the Prohibition of Imported Prescription Drugs

Resolution concerning the Prohibition of Imported Prescription Drugs Model Resolution WHEREAS, the use of safe and legal prescription drugs improves the quality of care and helps patients live healthier, longer, and more productive lives while keeping them out of more costly acute care settings in the long term, and WHEREAS, the Food, Drug, and Cosmetic Act (FDCA) governs the manufacture, sale, and distribution of drugs in interstate commerce, and under the FDCA, every new drug must be approved by the Food and Drug Administration (FDA) prior to marketing, and also under the FDCA, approvals are specific to each product, and […]

Resolution Demanding that Congress Convey Title of Federal Public Lands to the States

Resolution Demanding that Congress Convey Title of Federal Public Lands to the States Summary This resolution urges the US federal government to extinguish title and government jurisdiction over public lands that are held in trust by the US federal government and convey title and jurisdiction to willing states in which the federal public lands are located as was promised in congressional resolutions in 1780, the Land Ordinance of 1784 and the Northwest Ordinance of 1787, among others.  Currently, huge swaths (over 50 percent) of the land in our nation’s western states are controlled by the federal government making it impossible […]

Resolution Encouraging Congress to Maintain Local Property Tax Deduction

Resolution Encouraging Congress to Maintain Local Property Tax Deduction Model Resolution WHEREAS, state and local property taxes cost the typical American roughly $1,100 annually; and WHEREAS, 38 states levy separate state and local property taxes, but 96 percent of property tax revenue is collected by local governments to fund government operations; and WHEREAS, over the past 25 years, local property tax collections have exceeded population and inflation growth by 55 percent; squeezing homeowners and reducing economic growth; and WHEREAS, dramatically rising property taxes have led many states and local governments to consider a range of reforms to provide tax relief; […]

Resolution for Limitations on Authority of state Delegates to a ‘Convention for Proposing Amendments’ under Article V of the US Constitution

Limitations on Authority Of [insert state] Delegates to a “Convention for Proposing Amendments” (Article V, United States of America Constitution) Summary The purpose of this resolution is to place limits on the delegates appointed to a Constitutional Convention called under Article V of the US Constitution.  This resolution will eliminate the possibility of a “runaway convention” the reason most often cited by scholars for their opposition to an Article V Convention.  The resolution restricts delegates to work only on those amendments authorized in their legislative instructions and calls for the immediate recall of any delegate that works on an unauthorized […]

Resolution for Reform of Counterproductive Export Control Policies

Resolution for Reform of Counterproductive Export Control Policies Policy Summary A number of American goods and products have potentially lucrative export markets but are unable to access them because of misguided and often outdated export control restrictions.  This resolution seeks to identify export control regulations that have outlived their usefulness and resolve to address and correct these policies once identified. Whereas, Americans are deeply concerned with job creation and economic stability; and Whereas, international trade is a critical driver of economic growth; and Whereas, there are a number of goods and products that have large export markets overseas; and Whereas, […]

Resolution in Favor of a Federal Flat Tax

Resolution in Favor of a Federal Flat Tax Summary The current federal income tax system is economically destructive and inconsistent with the principles of a free society. Most economists and accountants agree that the current code is needlessly complex, and discourages savings, investment, economic growth and job creation. This resolution calls upon the U.S. Congress to replace the current income tax system with a single rate tax system with a generous personal exemption, such as a flat tax, and ease the burden on all Americans and eliminate the bias against work, savings and investment. Model Resolution WHEREAS, the current federal […]

Resolution in Favor of a Tax Credit on Charitable Donations

Resolution in Favor of a Tax Credit on Charitable Donations Summary This Resolution encourages Congress to pass legislation which would provide a charitable tax credit for charitable contributions to private and religious charities. Model Resolution WHEREAS, the power of local charitable organizations is the best conduit for improving a community’s social problems and conditions, and WHEREAS, the objective of some charitable organizations is to prevent or alleviate poverty, and WHEREAS, contributions to charitable organizations that include youth and family programs, housing and employment agencies, and disaster relief agencies have declined by 3 percent in 1995, and WHEREAS, the Charity Tax […]

Resolution in Favor of a U.S. Constitutional Amendment on Judicial Taxation

Resolution in Favor of a U.S. Constitutional Amendment on Judicial Taxation Summary This resolution calls on the U.S. Congress to adopt a constitutional amendment that would re-affirm the separation of powers established by the Constitution. The Constitution states that the function of the judiciary is to interpret law not create law. This amendment would stop the judiciary’s ongoing encroachment into areas that constitutionally belong to the legislative branch of government, providing that no court of the United States shall have the power to instruct or order a state to levy or increase taxes. To date, ten states (Alaska, Ariz., Colo., La., […]

Resolution in Opposing State Bailouts by the Federal Government

Resolution in Opposing State Bailouts by the Federal Government WHEREAS each State of the Union is a sovereign entity with a constitution and authority to issue sovereign debt; WHEREAS the legislature of each State of the Union has the authority to reduce spending or raise taxes to pay the obligations to which the State has committed itself; WHEREAS the officials of each State of the Union have the legal obligation to fully disclose the financial condition of the State to investors who purchase the debt of such State; WHEREAS Congress has rejected prior requests from State creditors for payment of […]

Resolution in Opposition to a Carbon Tax

Resolution in Opposition to a Carbon Tax Summary This resolution highlights the important role that energy independence plays in U.S. national security, and that access to electricity is both an imperative for Americans’ well-being and for economic growth.  A carbon tax would have an immediate consequence of increased prices for gasoline and electricity with a costly impact on low-income families and businesses alike.  Such a tax would also be inconsistent with ALEC’s Principles of Taxation, because it would use the tax code as a means of manipulating consumer choices.  For these reasons, the resolution concludes that ALEC should oppose a […]

Resolution in Opposition to a Consumer Financial Protection Agency

Resolution in Opposition to a Consumer Financial Protection Agency WHEREAS, Congress is considering legislation which would create a Consumer Financial Protection Agency (CFPA); and WHEREAS, the CFPA is a new federal agency that will increase spending and taxes during a time when our nation is running a record deficit; and WHEREAS, the CFPA will diminish choices for consumers, place burdensome regulations on businesses, place federal mandates on the states, and create a new patchwork of regulations for national banks; and WHEREAS, the end result of the CFPA will be that many consumers and businesses will be denied access to credit; […]

Resolution in Opposition to any Increase in the Starting (Minimum) Wage

Resolution in Opposition to any Increase in the Starting (Minimum) Wage Summary The Resolution in Opposition to Any Increase in the Starting (Minimum) Wage recognizes that increasing the starting (minimum) wage is counterproductive. An increase in the starting wage makes it more difficult for employers to bring teenagers, entry-level workers, and others who need job experience, into the workforce where they can gain skills, training and confidence. Model Resolution WHEREAS, increasing the starting wage results in higher costs for business owners, which leads to higher prices for consumers; and WHEREAS, increases in prices has an adverse impact on everyone, especially […]

Resolution in Opposition to Discriminatory Food and Beverage Taxes

Resolution in Opposition to Discriminatory Food and Beverage Taxes  WHEREAS this global recession has spread economic stress across all income levels, with lower and middle-income Americans especially hard hit; WHEREAS a frugal lifestyle and stretching the daily living expenses is a necessity for hardworking lower and middle-income Americans; WHEREAS governments faced with their own economic shortfalls reflexively pursue indiscriminate taxes rather than reigning in expenditures; WHEREAS it is vital that public policy makers help hardworking Americans retain their tenuous hold on financial security by shielding them from even more burdensome discriminatory taxes; and NOW THEREFORE, LET IT BE RESOLVED THAT: […]

Resolution in Opposition to Frivolous Complaints and Permit Extortion

Resolution in Opposition to Frivolous Complaints and Permit Extortion Summary The Resolution in Opposition to Frivolous Complaints and Permit Extortion recognizes that some unions have engaged in questionable pressure tactics to put open shop companies out of business or force them to join a union. These harassment and intimidation tactics have come in the form of frivolous and unwarranted complaints and environmental permit delays that are contrary to good public policy. This Resolution urges governments at all levels to enforce appropriate laws and to pass legislation to deter such tactics. The costs associated with defending frivolous complaints in legal and […]

Resolution in Opposition to Government Imposed Caps or Elimination of ATM Service Charges

Resolution in Opposition to Government Imposed Caps or Elimination of ATM Service Charges Summary This resolution opposes government imposed caps or elimination of ATM service charges. ATMs are widely used machines that many consumers rely upon to conveniently bank 24 hrs per day. These machines were originally installed to reduce reliance on tellers and have proliferated because of financial support derived from particular fees for usage. In any case, government imposed caps on ATM fees and surcharges are price controls, which violate the principles of free enterprise. Model Resolution WHEREAS, ATM owners have revolutionized personal banking by providing consumers access […]

Resolution in Opposition to Mandatory Unitary Combined Reporting

Resolution in Opposition to Mandatory Unitary Combined Reporting Summary Many states have adopted, or are considering adopting, mandatory unitary combined reporting (“MUCR”) into their corporate tax regimes. MUCR may be an aggressive reporting method used to determine state taxable income for a group of affiliated corporations. At its most basic level, MUCR treats a group of affiliated corporations engaged in a “unitary business” as a single taxpayer notwithstanding traditional notions of corporate separateness. This treatment results in taxing income earned outside the state. The main rationale for adopting MUCR is closing perceived corporate tax “loopholes.” However, instead of closing so-called […]

Resolution in Opposition to the EPA’s “Greenhouse Gas Tailoring Rule” and the treatment of biomass energy

 WHEREAS, the Environmental Protection Agency (EPA) is once again attempting to regulate greenhouse gases in opposition to ALEC’s 2008 resolution[1] and long-standing policies; and  WHEREAS, EPA is now attempting to make bad policies worse by making the proposed rule excessively narrow, making it risky and costly; and WHEREAS, decision-makers from both political parties[2]  and other experts[3] in the United States and abroad recognize that “carbon neutral” renewable biomass energy[4] plays a critical role in creating new American jobs while helping the environment and EPA should recognize their contribution; and WHEREAS, EPA is effectively on a path to destroy a vibrant, […]

Resolution in Opposition to Value-Added Taxes

Resolution in Opposition to Value-Added Taxes WHEREAS, a value-added tax (VAT) is a consumption tax placed on products whenever value is added and at final sale, typically with credits, complex recordkeeping, and varying rates for different products, and WHEREAS, the VAT would be another new tax which American families and small businesses would bear, and WHEREAS, the typical VAT rate in Europe has grown from less than 5 percent in the 1960s to nearly twenty percent today, and WHEREAS, the minimum VAT rate a country needs to join the European Union is fifteen percent, and WHEREAS, other taxes in Europe […]

Resolution in Opposition to Violence in Labor Disputes

Resolution in Opposition to Violence in Labor Disputes Summary The Anti-Racketeering Act of 1934 (The Copeland Act) marked the beginning of federal authority to prosecute and punish criminal acts of extortion affecting commerce. In response to union fears that the law could be applied to non-violent forms of protest, the bill was amended to read “[t]hat no court of the United States shall construe or apply any of the provisions of this Act in such a manner as to impair, diminish, or in any manner affect the rights of bona-fide labor organizations in lawfully carrying out the legitimate objectives thereof, […]

Resolution in Response to EPA’s Plan to Regulate Greenhouse Gases under the Clean Air Act

Resolution in Response to EPA’s Plan to Regulate Greenhouse Gases under the Clean Air Act WHEREAS, the President has directed EPA to issue regulations setting greenhouse gas emission New Source Performance Standards for new power plants and for modified, reconstructed, and existing power plants under the Clean Air Act; and WHEREAS, EPA has proposed regulations for greenhouse gases from new fossil fueled power plants and has announced its intention to issue proposed regulations for existing fossil fueled power plants by June 1, 2014; and WHEREAS, the U.S. Supreme Court has recently decided to review whether the EPA has the authority […]

Resolution in Support of Agriculture Research Charities

Resolution in Support of Agriculture Research Charities Whereas, federal spending on agricultural research has already recently been trending downward, and further needed spending reform is likely to result in further cuts, Whereas, agriculture will be called upon to feed a world population approaching 9.3 billion by 2050, despite shrinking land and water resources, concerns regarding fertilizer, pesticides and other productivity inputs, and increasing demand for protein, oil and other natural resources. Whereas, modern U.S. agriculture is feeding and clothing the world; providing a safe, economical food supply; reducing the U.S. trade deficit; and employing more than 800,000 people domestically, Whereas, […]

Resolution in Support of Availability of Certificate of Rehabilitation in Cases Involving Certain Nonviolent Offenses

Resolution in Support of Availability of Certificate of Rehabilitation in Cases Involving Certain Nonviolent Offenses Summary This Resolution recognizes the importance of adopting policies that provide discretion to enable those convicted of a certain nonviolent offense to obtain a certificate of rehabilitation after a reasonable period of exemplary conduct and demonstration of rehabilitation following their offense. Model Resolution Whereas, At least 20 percent of all American adults have a criminal record; and WHEREAS, those who violate the law must be held accountable and required to fully satisfy their sentence; and WHEREAS, a criminal record presents a significant obstacle to an […]

Resolution in Support of Deepening U.S-Georgia Trade Relations

 Resolution in Support of Deepening U.S-Georgia Trade Relations  Summary This resolution encourages the United States to strengthen and deepen its trade and economic relations with the Republic of Georgia including but not limited to initiating negotiations on a US-Georgia Free Trade Agreement. Model Resolution Whereas, the United States and Georgia signed the Charter on Strategic Partnership in January 2009; and Whereas, Georgia has been developing its democratic and free market institutions for over a decade; and Whereas, Georgia’s achievements have been duly appreciated by relevant international agencies and institutions; and Whereas, Transparency International’s Corruption Perceptions Index shows considerable positive movement […]

Resolution in Support of Efforts to Promote Impartial, Independent, and Highly-Qualified State Judiciaries

WHEREAS, most states select judges at some level through a form of popular election and many fill interim vacancies through appointments; WHEREAS, state judicial elections have become increasingly contentious and expensive in recent years; WHEREAS, the tone of judicial elections has substantially deteriorated; WHEREAS, such developments reduce public confidence in the impartiality and independence of state judiciaries; WHEREAS, the Conference of Chief Justices recently recognized the unique nature of judicial elections and the need to identify ways to conduct judicial elections that protect both the reality and appearance of open-mindedness and fairness, and that attract and retain quality judges; WHEREAS, […]

Resolution in Support of Electric Power Grid Modernization Principles

Resolution in Support of Electric Power Grid Modernization Principles Summary Several state legislatures and state public utility commissions are examining ways to modernize their electric power grids. These efforts to modernize electric power grids have raised significant issues relating to reliability, efficiency, privacy, and cybersecurity, among others, for policymakers and consumers to consider. To assist policymakers as they consider these issues, this resolution establishes seven foundational principles for electric power grid modernization. Model Policy WHEREAS, ALEC supports the modernization of the electric power grid to make it more efficient and offer benefits to consumers; and WHEREAS, ALEC has previously adopted […]

Resolution in Support of Evidence-based Medical Treatment for Substance Use Disorders

Resolution in Support of Evidence-based Medical Treatment for Substance Use Disorders Summary State spending on corrections has grown faster than almost any other budget item in the past 20 years, reaching nearly $50 billion dollars. Prison populations have risen dramatically and corrections costs have quadrupled. More than 50% of inmates meet the medical criteria for drug dependence or abuse[i], with adults on parole or supervised release (23%) from jail being nearly 3 times more likely to be dependent on or to abuse a substance than are their peers (8%)[ii].  The criminal justice system is the largest source of referral to […]

Resolution in Support of Expansion of Foreign Markets for America’s Small Businesses

Resolution in Support of Expansion of Foreign Markets for America’s Small Businesses Summary This resolution outlines the benefits that accrue to companies (even small ones) that engage in international trade.  Additionally, it asserts that a state’s economic growth and ability to create jobs can be significantly enhanced by its ability to develop new markets overseas. Upon review, it was determined that the ideas contained in this resolution were more relevant than ever but that some of the statistics underpinning it needed updating.  We updated the outdated statistics but retained the ideas underpinning the resolution when it was amended. Model Policy […]

Resolution in Support of Fair Recourse and Effective Deterrence Against Frivolous Claims

Summary  This resolution supports efforts to provide victims of frivolous lawsuits with an effective and fair means to seek reimbursement of their legal expenses.  A single frivolous claim can easily cripple an individual or small business.  Changes to the Federal Rules of Civil Procedure in 1993 left victims of frivolous claims with practically no recourse.  The current federal rule provides unscrupulous lawyers with the ability to demand payment, even when a claim has no basis in law or fact, or is brought for purposes of harassment, without the threat of any economic consequences.  Since many states courts conform their rules […]

Resolution in Support of Federal Pension Portability Legislation

Resolution in Support of Federal Pension Portability Legislation Summary This resolution supports federal legislation designed to improve portability and raise contribution limits to retirement programs such as 403(b), 401(k), 457 and 401(a) plans. This legislation is especially important to public employees, many of whom are not currently able to roll their retirement benefits to other qualified defined contribution plans. Model Resolution WHEREAS, under current federal law, employees are prohibited from rolling over retirement benefits from 457 deferred compensation plans into other qualified retirement accounts like 401(k) plans and 401plans; and WHEREAS, under current federal law employees contributing to 403(b) plans […]

Resolution in Support of H.O.P.E.

Resolution in Support of H.O.P.E. Summary This Resolution recognizes the progress Hawaii’s HOPE program has exhibited in lowering the crime rate amongst probationers. The resolution also supports the program and its success and aims to replicate its results in other states. Resolution WHEREAS, Hawaii’s Circuit Judge Steve Alm started the Hawaii Opportunity Probation with Enforcement (HOPE) program in 2004 in an effort to reduce drug use and crime among those probationers most at risk to commit violations; and WHEREAS, community supervision programs are a crucial area within the American criminal justice system; and WHEREAS, the number of adults on probation […]

Resolution in Support of Insurance Commissioners’ Exclusive State Regulatory Authority Over Variable Life Insurance and Variable Annuities

Resolution in Support of Insurance Commissioners’ Exclusive State Regulatory Authority Over Variable Life Insurance and Variable Annuities Model Resolution WHEREAS, variable life insurance and variable annuities are subject to a comprehensive federal and state regulatory structure, enforced by state insurance commissioners, the Securities and Exchange Commission and the National Association of Securities Dealers, which covers these products from design through their marketing and sale and WHEREAS, an overwhelming majority of the states give their insurance commissioners exclusive state jurisdiction to regulate the issuance and sale of variable life insurance and variable annuities and WHEREAS, an overwhelming majority of the state […]

Resolution in Support of Intellectual Property Rights Protection

Resolution in Support of Intellectual Property Rights Protection Summary This resolution recognizes the importance of protecting Intellectual Property (IP) both domestically and beyond our borders. Intellectual property theft has a significant impact on economies around the world, and the sale of counterfeit products poses a danger to consumer health and safety in addition to undermining national and state economies. This resolution will affirm the US government’s efforts to improve transparency in IP in international trade negotiations and calls on the Departments of State and Justice to further emphasize the protection of IP rights through overseas personnel. Additionally, this resolution encourages […]

Resolution in Support of Justice Reinvestment

Resolution in Support of Justice Reinvestment Summary State spending on corrections has grown faster than almost any other budget item in the past 20 years, reaching nearly $52 billion dollars in tight economic times. Prison populations have risen dramatically and correction costs have quadrupled. Although prison admissions have begun to decline in recent years, the recidivism rates are still rising, leaving the fiscal status of many state prison systems untenable. Recognizing these problems, justice reinvestment uses research-based policies to save money on corrections, lower recidivism rates and make communities safer. Justice reinvestment has helped states around the nation cut costs […]

Resolution in support of modernizing the federal Toxic Substances Control Act of 1976

Resolution in support of modernizing the federal Toxic Substances Control Act of 1976 WHEREAS, American consumers deserve to have confidence that the products they buy, when used for their intended purposes, are safe; and WHEREAS, a federal chemical management program should place protecting the public health – including children’s health — as its highest priority; and WHEREAS, the federal chemical management program should preserve America’s role as the world’s leading innovator and employer in the manufacture, processing, distribution in commerce and use of chemicals; and WHEREAS, the current chemical management law, the Toxic Substance Control Act (TSCA) was signed into […]

Resolution in Support of Oral Health Curriculum

Resolution in Support of Oral Health Curriculum WHEREAS, oral health is distinct from other aspects of health care in that oral health predominantly relates to two diseases—caries and periodontal disease—both of which are largely preventable; and WHEREAS, unlike in medicine, emergency room visits for oral health should be entirely avoidable; and WHEREAS, an analysis of emergency room visits in Florida from 2008 to 2010 for preventable dental conditions found the number of patients seeking emergency room dental care increased by 10,000 (9.2 percent), with charges increasing by more than $21 million (32.9 percent); and WHEREAS, more than half of the increase in […]

Resolution in Support of Preserving Reasonable Limits on Wrongful Death Actions

Summary  This resolution responds to recent attempts in several state legislatures to expand both the scope of damages authorized and the class of claimants permitted to bring claims under wrongful death acts.  These efforts, spearheaded by the personal injury bar (the Association of American Justice, formerly the Association of Trial Lawyers of America, and its state sister groups), aim to increase litigation and resulting damages through departure from over a century of well-settled law.  Such proposals seek to authorize or expand recovery available for a wide range of non-pecuniary damages, such as loss of  companionship or pure grief.  These inherently […]

Resolution in Support of Private Sector Colleges and Universities

Resolution in Support of Private Sector Colleges and Universities WHEREAS, private sector colleges enroll nearly 2.6 million students in the United States and comprise 42 percent of the 6,667 Title-IV eligible postsecondary institutions; and WHEREAS, private sector colleges serve a diverse group of students and enroll a higher percentage of minorities—40 percent compared to 32 percent at public and 22 percent at private non-profit institutions; and WHEREAS, twenty-four percent of all African-American students and 18 percent of all Hispanic students who received Associate degrees in 2008–2009 earned them at a private sector college; and WHEREAS, private sector colleges enroll a […]

Resolution in Support of Proper Timber Harvesting as a Management Tool to Ensure Better Forest Health

WHEREAS, the health of the national forests and the economies of rural communities area at risk as a result of national forest management practices; WHEREAS, the threat of wildfire, insects, and disease endangers the health, happiness and well-being of American citizens; WHEREAS, timber programs on the national forests in many western states have been almost completely eliminated; WHEREAS, the proper use of timber harvest as a management tool can effectively contribute to increased watershed flows; WHEREAS, the proper use of timber harvest as a management took can help reduce dangerously high levels of fuels which contribute to the potential for […]

Resolution in Support of Reporting Requirements for Public Sector Unions

Resolution in Support of Reporting Requirements for Public Sector Unions Summary Currently, public sector unions are not required to adhere to the same reporting requirements as private sector unions. The Resolution In Support of Reporting Requirements for Public Sector Unions calls for legislatures to pass reporting requirements for public sector unions that are similar to requirements for private sector unions. Model Resolution WHEREAS, private sector unions are required by the Labor Management Disclosure Act (LMDA) to adhere to reporting and disclosure requirements; and WHEREAS, state and local public sector unions are governed by state and local law and are not required […]

Resolution in Support of Statutes of Limitations that Promote Certainty and Fairness in Civil Litigation

Summary  All civil claims are subject to statutes of limitations. These laws are basically a legal “countdown” that begins when someone is injured. When the time period expires, a claim may no longer be brought. For example, statutes of limitations typically permit a personal injury lawsuit to be filed within two or three years after an injury, although “tolling” provisions generally allow additional time if the person is a minor at the time of the event or has another legal disability.  The decision about when to lower the legal curtain and extinguish a claim is a policy determination to be […]

Resolution in Support of the Keystone XL Pipeline

WHEREAS, The United States relies – and will continue to rely for many years – on gasoline, diesel and jet fuel despite the recent focus on renewable and alternative sources of energy, and WHEREAS, In order to fuel our economy, the United States will need more oil and natural gas while also requiring additional alternative energy sources. WHEREAS, The United States currently depends on foreign imports for more than half of its  petroleum usage, and is the largest consumer of petroleum in the world,  U.S. dependence on overseas oil has created difficult geopolitical relationships with potentially damaging consequences for our […]

Resolution in Support of the National Prison Rape Elimination Commission Standards

Resolution in Support of the National Prison Rape Elimination Commission Standards WHEREAS, in June 2009, the National Prison Rape Elimination Commission released national standards for the prevention, detection, response, and monitoring of sexual abuse in U.S. detention facilities; and WHEREAS, these standards were mandated by the Prison Rape Elimination Act (PREA), which Congress passed unanimously in 2003 to study the causes and consequences of sexual abuse in confinement and to develop standards for eliminating abuse; and WHEREAS, these standards are the product of several years of research and extensive consultation with corrections professionals, researchers, advocates, and survivors of sexual abuse […]

Resolution In Support of the PhRMA Code and Corporate Self-Regulation

Resolution In Support of the PhRMA Code and Corporate Self-Regulation Model Resolution WHEREAS, Health care is an expanding portion of state budgets; and WHEREAS, Prescription medicines, which comprise only 10 cents per health care dollar spent, are being used more frequently to treat diseases, including chronic diseases, and WHEREAS, Prescription medicines have an essential role in treating chronic diseases, as do  changes in personal behavior, such as diet and exercise; and WHEREAS, America’s pharmaceutical companies are responsible for the discovery and development of the majority of new medicines available to patients in the United States and worldwide each year; and […]

Resolution in Support of the Regulations from the Executive In Need Of Scrutiny (REINS) Act.

WHEREAS, the Constitution of the United States of America charges the Congress with all legislative powers; and  WHEREAS,Members of the United States House of Representatives and the United States Senate have excessively delegated that power to the executive branch with little oversight, review, or meaningful accountability; and WHEREAS, the results of that delegation is an annual regulatory burden of $1.75 trillion upon American  families and businesses according to the U.S. Small Business Administration’s Office of Advocacy; and WHEREAS, Congressman Geoff Davis [KY-04], Senator Rand Paul [R-KY] and many of their colleagues have introduced the REINS Act as H.R. 10 and […]

Resolution In Support Of The Second Chance Act

Resolution In Support Of The Second Chance Act WHEREAS, more and more people are being released from prison and jail in the US every year.   Two million Americans are serving time in prison and ninety-seven percent of those people will be released.   Nearly 650,000 people are released from prison each year, and over 7 million are released from jails, in the US; and WHEREAS, the increasing numbers of people released from prison and jail has had significant implications for community safety and state and local government budgets.  American taxpayers spent $9 billion for corrections in 1982; by 2002, […]

Resolution in Support of the Transportation Infrastructure Finance and Innovation Act

Resolution in Support of the Transportation Infrastructure Finance and Innovation Act Summary This Resolution urges Congress to continue and work to expand the program created under the “Transportation Infrastructure Finance and Innovation Act” (TIFIA). The TIFIA program remains one of the critical methods available in this country to advance major transportation projects by leveraging private sector funding. Model Resolution WHEREAS, the “Transportation Infrastructure Finance and Innovation Act” (TIFIA) program was created by the United States Congress to provide credit assistance, such as low-interest direct loans to leverage scarce public funds and support projects that utilize a specific local revenue stream […]

Resolution in Support of Victim-Offender Mediation

Resolution in Support of Victim-Offender Mediation Summary Victim Offender Mediation is a face-to-face meeting, in the presence of a trained mediator, between the victim of a crime and the person who committed that crime. Used mostly in cases of low-level property offenses and first-time offenders, this method allows the victim and the offender to settle their case out of court, thus saving taxpayers’ money on court costs, providing greater closure and restitution for the victim, and reducing recidivism by instilling in the offender a strong sense of the actual harm they caused to another individual. This Resolution encourages states to establish victim-offender […]

Resolution in Support of Voucher-Based Models for Selection of Counsel for Indigent Defendants in Criminal Cases

Resolution in Support of Voucher-Based Models for the Selection of Counsel for Indigent Defendants in Criminal Cases Summary This Resolution recognizes that an inherent conflict-of-interest exists when indigent counsel is selected by a court rather than the defendant, and it recognizes that while this problem can never be entirely resolved, it can be ameliorated by policies that promote voucher-based systems (similar to school vouchers) that reject top-down, government-directed systems in favor of systems that tap into the benefits of free-market forces. Model Resolution WHEREAS, the Sixth Amendment to the U.S. Constitution, incorporated by the Fourteenth Amendment, provides that “[i]n all […]

Resolution in Support of Workforce Housing in America

Resolution in Support of Workforce Housing in America WHEREAS, working families are finding it increasingly difficult to purchase or rent a home in or close to the communities where they work; and WHEREAS, many moderate-income workers are working two or three jobs to meet their monthly housing expenses; and WHEREAS, the gap between those who can afford a home and those who cannot is widening at an alarming rate, and affordable rental housing is in short supply; and WHEREAS, families working in central cities have less than a one-in-three chance of finding a home that they can afford; and WHEREAS, […]

Resolution on Alternative Fuels

Summary ALEC’s model resolution on alternative fuels opposes the use of command and control type mechanisms to encourage alternative fuel use. Model Resolution WHEREAS, Approximately 180 million vehicles are on the road using nearly 300 million gallons of fuel a day of which gasoline and diesel representing ninety-eight percent of daily fuel usage; and WHEREAS, The National Energy Policy Act and the 1990 Amendments to the Clean Air Act require states to undertake a number of steps to reduce vehicle-related pollution and increase energy security and bring themselves in compliance with federal law; and WHEREAS, Such steps include a switch […]

Resolution On Animal Antibiotic Use

WHEREAS, the treatment, prevention and control of animal disease is critically important to the health and welfare of animals and the safety of the food produced; and WHEREAS, the availability of antibiotics is a critical tool for veterinarians, livestock and poultry producers to ensure animal health and the safety of the US food supply; and WHEREAS, the use of antibiotics both therapeutically and sub-therapeutically has a long history of success in improving animal health and welfare; and WHEREAS, general and species-specific judicious-use guidelines already exist and are being implemented on a routine basis.  The guidelines were developed by the American […]

Resolution on Animal Liability and Guardianship

WHEREAS, individuals historically could not collect non-economic damages in animal litigation, and the existing legal and legislative framework that defines the relationship between livestock producers and their animals, pet owners and their pets, and animal enterprises including but not limited to those defined in Section 2 of the Animal Welfare Act, (7USCS § 2132) maintains a healthy balance between the rights of these individuals and enterprises and the responsible care and well-being of all animals; and  WHEREAS,  this balance, the dramatic advances in recent years in animal care options, and the strict, consistent and ongoing enforcement of anti-cruelty laws promotes […]

Resolution on Autonomous Vehicle Legislation and Regulation

 Resolution on Autonomous Vehicle Legislation and Regulation Summary This resolution holds that autonomous vehicle research, development, testing, and operational functionality should not be impaired by unnecessary legislative or regulatory intervention. Model Resolution WHEREAS, autonomous vehicles are motor vehicles equipped with technology that has the capability to direct a vehicle without real-time input or monitoring by a human operator. WHEREAS, autonomous vehicles greatly reduce human interaction with the direction of motor vehicles. WHEREAS, human error is a factor in approximately 90 percent of motor vehicle accidents. WHEREAS, human error is responsible for a significant portion of traffic congestion. WHEREAS, autonomous vehicles […]

Resolution on Best Available Control Technology FOR Coal-Based Electric Generation

WHEREAS, the United States Environmental Protection Agency (EPA) will shortly begin regulating greenhouse gas emissions under the federal Clean Air Act; and WHEREAS, as a result of EPA’s action, major new sources of electric generation will be mandated to obtain Prevention of Significant Deterioration (PSD) permits setting forth Best Available Control Technology requirements for greenhouse gases; and WHEREAS, major uncertainty exists because trial technologies, such as carbon capture and sequestration or integrated gasification combined cycle power plants, which hold significant prospect to reduce greenhouse gas emissions, are still years away from being proven to be economically practicable or commercially available; […]

Resolution on Binding Arbitration for Public Employees

Resolution on Binding Arbitration for Public Employees Summary Binding arbitration of labor disputes hampers the ability of local officials to make their own personnel decisions by allowing a third party, accountable to neither local officials nor taxpayers, to unilaterally decide the terms of a union contract. [Insert state] believes that this practice should no longer be used as a means of resolving impasses in collective bargaining. Model Resolution WHEREAS, binding arbitration is commonly used to resolve impasses in collective bargaining between local governments and unions, especially those representing police and fire personnel; WHEREAS, binding arbitration commonly allows a third party […]

Resolution on Certificate of Need (CON) Laws Required for the Establishment of Certain Health Care Services

Resolution on Certificate of Need (CON) Laws Required for the Establishment of Certain Health Care Services Model Resolution WHEREAS, Certificate of Need (CON) laws and similar programs are prominent government-imposed barriers to entry into the health care market that force health care firms to fulfill various over-burdensome requirements to obtain state permission to provide certain services; and WHEREAS, Government-imposed barriers to entry into the health care market thwart access to quality care and healthy competition by preventing and/or delaying entities from bringing new technologies into certain geographical regions; and WHEREAS, Barriers to entry stifle competition in the health care arena […]

Resolution on Cord and Placenta Blood Banking and Research

Resolution on Cord and Placenta Blood Banking and Research Summary This resolution recognizes the need for increased public awareness about the use and research of umbilical cord blood and placenta blood banking to provide treatment options for debilitating or terminal diseases, and encourages ongoing research and private enterprise. Model Resolution WHEREAS, Research continues to show umbilical cord blood and placenta-derived stem cells as vehicles for potential treatments of some life-threatening conditions; and WHEREAS, Stem cells obtained from umbilical cord blood and placenta blood can be used in the treatment of leukemia, multiple myeloma, sickle-cell disease, lymphoma and other terminal illnesses […]

Resolution on Country of Origin Labeling

Resolution on Country of Origin Labeling Whereas, Free markets are one of ALEC’s core guiding principles and we have much model policy that supports the enhancement of free markets and international trade; and Whereas, Canada and Mexico are the United States’ first and second largest trading partners respectively and that the growth of reciprocal trade should be encouraged as it is beneficial to all three countries; and Whereas, the US mandatory Country of Origin Labeling (COOL) is inconsistent with our World Trade Organization (WTO) obligations and has been found by the WTO to discriminate against imported livestock creating challenges for […]

Resolution on Criminal-Background Checks

Resolution on Criminal-Background Checks WHEREAS, the members of [insert state here] oppose unnecessary and burdensome government regulations on commerce and individual citizens; WHEREAS, [insert state here] supports laws that incentivize the employer community to voluntarily adopt programs and policies in furtherance of appropriate societal objectives without significant public-sector cost, regulation, enforcement, and/or staffing; WHEREAS, [insert state here] supports laws that incentivize the employer community to voluntarily adopt programs and policies in furtherance of appropriate societal objectives without placing significant new cost and procedural burdens on employers, and/or intruding unnecessarily and/or inappropriately into the private sector; WHEREAS, [insert state here] believes in tort liability reform, […]

Resolution on DNA Testing and Victims’ Rights

Resolution on DNA Testing and Victims’ Rights  Summary A Resolution supporting states require that all sexual assault kits collected, where the case meets the criteria for CODIS (Combined DNA Index System) eligibility, are tested for DNA. Model Resolution WHEREAS, a primary role of state government is to ensure public safety; and WHEREAS, the efficient use of DNA technology is paramount to helping law enforcement identify the guilty and to preserving and protecting victims’ rights to justice and due process; and WHEREAS, victims must go through the invasive and traumatizing process of having a sexual assault kit collected from their body […]

Resolution on DNA Testing Standards

Resolution on DNA Testing Standards Summary A Resolution supporting the FBI effort to “re-evaluate existing policies, standards, and protocols, including requirements for outsourcing DNA analysis to private laboratories and review of their results by public law enforcement laboratories” that ensures continued quality in forensic science. Resolution WHEREAS, the American Legislative Exchange Council (ALEC) is the nation’s largest individual membership organization of state legislators, dedicated to advancing the Jeffersonian principles of free markets, limited government, federalism and individual liberty; and WHEREAS, on March 23, 2010 the FBI announced that it is re-evaluating the “FBI Quality Assurance Standards for Forensic DNA Testing […]

Resolution on Effects of Defense Sequestration on US National Security and the US Economy

Resolution on Effects of Defense Sequestration on US National Security and the US Economy Summary This resolution addresses the bipartisan concern that defense sequestration, or the automatic spending cuts to the defense budget, will have a significant national security impact and will have severe economic consequences for the states. This resolution would call for all policy makers to work together to form a solution that averts defense sequestration. Cuts to the defense budget would come from the National Guard and affect a state’s ability to respond to natural disasters, and cuts to the manufacturing base would result in the loss […]

Resolution on Energy Conservation

WHEREAS adequate and reliable electric power is critical to the economy of the United Sates and the standard of living of all Americans; and WHEREAS the nation’s electric utilities have provided safe, reliable, economical electricity for over 100 years; and WHEREAS concerns in some regions about generation shortfalls, limited fuel supplies, and the impact of rising oil prices on electric rates have prompted an increased emphasis on energy conservation programs; and WHEREAS conservation limits wasteful and unnecessary electricity consumption, it must be recognized as only one of many electricity demand/supply alternatives; and WHEREAS utility planning must not be restricted to conservation […]

Resolution on Environmental Laboratory Privatization

Summary  This resolution endorses federal and state efforts to use private labs for routine environmental testing. It condemns the use of taxpayer dollars for the construction of new environmental laboratories. Model Resolution Section 1. {Short title} This Resolution shall be known as the Resolution on Environmental Laboratory Privatization. Section 2. {Model Resolution} WHEREAS, government has limited resources and must prioritize the services it offers and the function it performs; and WHEREAS, there is a need for accurate, unbiased, and reliable environmental testing date to protect public health and the environment; and WHEREAS, there is an increasing trend of government laboratories […]

Resolution on Expanding Access to Health Insurance

Resolution on Expanding Access to Health Insurance Model Resolution WHEREAS, {insert state legislative body here} finds that access to health insurance is important to its citizens; and WHEREAS, {insert state legislative body here} finds that the citizens of {insert state here} should be able to choose from a wide variety of plans that ensure health insurance is affordable; and WHEREAS, {insert state legislative body here} finds that many citizens of {insert state here} either do not have access to health insurance or can not afford to purchase it; and WHEREAS, {insert state legislative body here} finds that state legislators can […]

Resolution on Federal Medicaid and Welfare Block Grants

Resolution on Federal Medicaid and Welfare Block Grants Summary A Resolution supporting 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 so desire. Model Resolution WHEREAS, the growth in federal spending of the Medicaid and welfare entitlements are astronomical and spiraling, significantly increasing the federal budget costs, and WHEREAS, this growth will never be controlled unless the states have autonomous management of the programs, free from Federal mandates regarding individual entitlement, eligibility groups, benefits, payment rates, and financing structures to […]

Resolution on Federalism in Recycling Narcotics

Resolution on Federalism in Recycling Narcotics Model Resolution WHEREAS, The federal Centers for Medicare and Medicaid Services estimates that more than $1 billion in unused prescription drugs—including Schedule II controlled substances and other narcotics—are improperly disposed of each year, and; WHEREAS, Unused prescription drugs disposed of in the sewage system flow into rivers, lakes, oceans, and are spread onto farm fields as sludge, and; WHEREAS, Unused prescription drugs disposed of in the trash can be scavenged by identity thieves, poison children and animals, and seep through landfills into groundwater, and; WHEREAS, The poor, uninsured, and underinsured can benefit from the […]

Resolution on Free Online Tax Preparation & Electronic Filing

Resolution on Free Online Tax Preparation & Electronic Filing WHEREAS, a program that is important to the citizens of the United States may be in jeopardy as the result of decisions being made in the United States Congress; and WHEREAS, 50% of the states that have an individual income tax have banded together to implement an innovative solution to meet the needs of the low income and working poor taxpayers; and WHEREAS, this innovative solution, called the State Free File Alliance, has been developed  where Public need and Private corporate citizenship work together, in an era of fiscal limits and […]

Resolution on Government Tax Preparation & Electronic Filing

Resolution on Government Tax Preparation & Electronic Filing WHEREAS, a program that is important to the citizens of the United States may be in jeopardy as the result of decisions being made in the Federal Government; and WHEREAS, 50 percent of the states that have an individual income tax have banded together to implement an innovative solution to meet the needs of the low income and working poor taxpayers; and WHEREAS, this innovative solution, called the State Free File, has been developed where Public need and Private corporate citizenship work together, in an era of fiscal limits and new challenges; and […]

Resolution on Improving Quality and Lowering Costs for States Through Medicaid and Managed Care

Resolution on Improving Quality and Lowering Costs for States Through Medicaid and Managed Care Summary This resolution encourages the implementation of coordinated, risk-based, capitated programs to control costs and improve quality of care for all Medicaid beneficiaries, including those requiring long-term care services. Model Resolution WHEREAS, Medicaid is an entitlement program jointly funded by the states and the federal government and plays a significant role in state health care systems; and WHEREAS, Medicaid is the nation’s primary health insurance program for 60 million low-income Americans, including nearly 30 million low-income children and 8 million non-elderly people with disabilities; and WHEREAS, […]

Resolution on Improving the US-Africa Partnership

 Resolution on Improving the US-Africa Partnership Summary This resolution recognizes that the United States should seize the opportunity to strengthen our partnerships with the nations of Africa, a strategy that will prove mutually beneficial for both regions.  The resolution calls for the creation of joint partnerships with African nations to assist in economic and infrastructure development and working with USAID, NGOs and the private sector to establish a working framework.  The goals of the resolution include helping African governments to create sustainable economies thus reducing their dependence on foreign aid and to strengthen US economic partnerships with African nations many […]

Resolution on Invasive Noxious Weeds

Whereas, invasive species are organisms that are living in areas outside their native environment and whose introduction causes or threatens to cause economic, environmental, or medical harm.  Whereas, there are several thousand foreign plant and animal species in the United States of which hundreds have become invasive, causing an economic loss, according to Cornell University, of more than $138 billion each year.  Whereas, invasive species negatively impact nearly half the species listed as threatened or endangered under the U.S. Federal Endangered Species Act. Whereas, maintaining a reliable, abundant, and safe food supply is of paramount importance to the security of […]

Resolution on Kimberley Process Reform

Resolution on Kimberley Process Reform Summary This resolution recognizes that the Kimberley Process, put in place to prevent conflict diamonds from entering the mainstream rough diamond market, has failed.  Established by United Nations General Assembly Resolution 55/56 following recommendations in the Fowler Report, the process was set up “to ensure that diamond purchases were not financing violence by rebel movements and their allies seeking to undermine legitimate governments.”  However, it is obvious to most international observers that terrorist organizations like FARC, Hezbollah and al-Qaeda derive funding from the sale of illegally mined commodities.  This resolution will outline a more efficient […]

Resolution on Legislation that Interferes with Business Agreements

Resolution on Legislation that Interferes with Business Agreements Summary This resolution recognizes that government should not interfere with private business agreements freely and openly negotiated between the parties. Model Policy WHEREAS, a privately negotiated contract, either written or oral, is the fundamental basis for doing business in the United States, and; WHEREAS, business agreements govern the duties and obligations of the parties to the contract, and; WHEREAS, parties to business contracts have legal remedies available under common law and state and federal statutes to resolve contractual disputes, and; WHEREAS, the U.S. Constitution and most state constitutions specifically prohibit impairment of […]

Resolution on Local Jursidiction Consent of National Monument Designation

WHEREAS, the proposed designation of national monuments in the State of ______ clearly violates the spirit and letter of the Antiquities Act, which requires monument lands to be “confined to the smallest area” necessary to preserve and protect historical areas or objects: and WHEREAS, the people of the State of _________, the legislature of the State of _______, the Governor of the of _________, and the Congress of the United States have not consented or approved this designation, yet the creation of new national monuments in the state of _______ could potentially have significant economic impact on this state. Instead […]

Resolution on Maintaining Confidentiality of Patient-Identifiable Information

Resolution on Maintaining Confidentiality of Patient-Identifiable Information Model Resolution WHEREAS, recent developments in the area of information technology have stimulated public concern over confidentiality of patient-identifiable medical information; and WHEREAS, the federal Health Insurance Portability and Accountability act (HIPAA) requires the development of detailed federal standards with respect to the privacy of individuality identifiable health information; and WHEREAS, confidentiality requirements should be comprehensive in assuring patients that information identifying them and their medical condition or predisposition to any specific condition is confidential information; and WHEREAS, state and federal policies must accomplish twin objectives of protecting the privacy of individual patients, […]

Resolution on Mandatory Electricity Consumer Disclosure Information

WHEREAS, many states are deregulating the generation of electricity and encouraging the formation of a competitive electricity marketplace; WHEREAS, market forces can do a better job than any government or regulatory agency in determining the prices and varieties of electricity products and services, including the types and technologies used for generating electricity; WHEREAS, the economic efficiencies inherent in competitive markets provide the most cost-effective compliance with environmental laws and regulations; WHEREAS, consumers value the environment and are willing to vote with their dollars to promote environmental objectives; WHEREAS, electric suppliers in different regions around the country are marketing the concept […]

Resolution on Medicaid Funding Through a Federal Block Grant

Resolution on Medicaid Funding Through a Federal Block Grant Model Resolution WHEREAS, Total U.S. Medicaid spending in 2006 exceeded $303 billion; and WHEREAS, The share of federal Medicaid funding provided to the states is determined by a state-by-state matching percentage, and the actual amount of federal funding sent to the states is determined by how much the states spend in order to get those matching dollars; and WHEREAS, Medicaid policy is also heavily controlled by the federal government, requiring states to apply for waivers if they want the flexibility to reform their Medicaid programs to better meet state needs; and […]

Resolution on Negative Impact of Government-Mandated Rate Caps on Health Insurance Premiums

Resolution on Negative Impact of Government-Mandated Rate Caps on Health Insurance Premiums Summary This resolution opposes government-mandated rate caps on health insurance premiums as they are a form of price control that negatively affects the cost and quality of healthcare by increasing costs for consumers and reducing competition. Model Policy WHEREAS, a variety of factors cause health insurance costs and premiums to rise, including soaring medical costs and expanding utilization; WHEREAS, a number of changes associated with the Federal health care reform Law (Patient Protection and Affordable Care Act) will increase health care spending, and lead to greatly increased health […]

Resolution on Negative Impacts of Pharmaceutical Price Controls

Resolution on Negative Impacts of Pharmaceutical Price Controls Model Resolution WHEREAS, the current US health insurance industry is tied to the U.S. tax code by the percentage of tax deductibility for health insurance contributions whereby employers receive 100% tax deductibility for employee health insurance contributions, and the self-employed and individual purchasers of health insurance receive a certain percentage of tax deductibility for their health insurance contributions; and WHEREAS, the US health care industry is not a pure market system, because it separates the payment for healthcare through taxes and/or contributions from consumption of medical services; and WHEREAS, consumers are left […]

Resolution on Occupational Licensing

Resolution on Occupational Licensing WHEREAS, [insert state here] oppose unnecessary and burdensome government regulations on commerce and individual citizens, and; WHEREAS, [insert state here] opposes the implementation of occupational licenses, certifications, and or registrations unless needed to protect immediate health, safety, or welfare of the public, and; WHEREAS, [insert state here] believes reducing occupational licensing requirements will increase economic prosperity and employment in the states, and; WHEREAS, due to restrictive licensure requirements, states own the working “title” of hundreds of simple occupations thereby preventing individuals with on the job training, natural talent, honed skills, and formal education from using a job title without […]

Resolution on Packaging and the Municipal Solid Waste Stream

Summary ALEC’s model Resolution on Packaging and the Municipal Solid Waste Stream calls for free-market incentives and solutions to be integrated in solid waste policies. Key components to the Resolution include: recycling and source reduction. Model Resolution WHEREAS, members of the American Legislative Exchange Council (ALEC) recognize the importance of effective and integrated solid waste management policies and programs; and WHEREAS, all benefits of a package, including energy conservation, safety, nutrition and composition are important, a recognized key step in achieving effective integrated solid waste management policies and programs is reducing the amount of material at its source to ensure […]

Resolution on Pandemic Flu Preparedness

Resolution on Pandemic Flu Preparedness Model Resolution WHEREAS, Influenza pandemics occurred three times in the previous century, and history and science suggest that the United States and the world will face at least one pandemic in this century; and WHEREAS, A pandemic can cause severe illness, death, and disruption throughout the country and the world, and outbreaks can occur in many different locations all at the same time; and WHEREAS, An informed and prepared public is essential to minimizing the health effects of a pandemic and the resulting consequences to society, and this is achieved through learning important health and […]

Resolution on Partnering with Canada to Create Job Opportunities for Returning US Veterans

Resolution on Partnering with Canada to Create Job Opportunities for Returning US Veterans Summary Current unemployment rates among US veterans returning from Afghanistan and Iraq remain stubbornly high, while the unemployment rate in Alberta, Canada is just 4.4 percent.  Finding skilled workers to fill positions with starting salaries of over $100,000 a year for oil sands development projects is particularly challenging for companies in Alberta, and our returning veterans often have the skills needed by these companies.  To remedy both problems, government officials from both the United States and the province of Alberta are discussing the possibility of establishing a […]

Resolution on Patient Access to Physical Therapists’ Services Without Current Professional Practice Restrictions Regarding Referral

Resolution on Patient Access to Physical Therapists’ Services Without Current Professional Practice Restrictions Regarding Referral Model Resolution WHEREAS, physical therapy is the care and services provided by or under the direction and supervision of a licensed physical therapist as authorized by state law. Physical therapists provide services to patients who have impairments, functional limitations, disabilities, or changes in physical function and health status resulting from injury, disease, disorders or other causes. Physical therapy restores, maintains, and promotes optimal fitness, wellness, and quality of life as it relates to movement and health. Physical therapists’ services include examination, evaluation, prognosis, and interventions, […]

Resolution on Prescribing Data

Resolution on Prescribing Data Model Resolution WHEREAS, The American Medical Association (AMA) maintains a Physician Masterfile that includes current and historical data on individual physicians (whether or not the physicians are members of the AMA), but does not include physician prescribing data; and WHEREAS, The AMA licenses Physician Masterfile data to health care information organizations, which in turn match physician prescribing data, obtained from pharmacies and other sources, to Physician Masterfile data; and WHEREAS, Health care information organizations market the matched data to government agencies, academic institutions, and pharmaceutical manufacturers for a wide range of research and commercial purposes, which […]

Resolution on Protective Orders

Resolution on Protective Orders WHEREAS, proposals have been put forth in a number of state legislatures that would make it extremely difficult to maintain the confidentiality of sensitive information (e.g., trade secrets) produced during the course of discovery or contained in settlement agreements, and WHEREAS, confidentiality plays an important role in litigation, because parties in civil cases have legitimate interests in protecting privacy as well as confidential, proprietary and trade secret information, and WHEREAS, plaintiffs, defendants, and witnesses often expose very personal, sensitive information in courts, and public disclosure of this information would be an unwarranted intrusion of the right […]

Resolution on Reform of New Source Review Regulations

Wheras, The American Legislative Exchange Council believes upgrades are needed to the Clean Air Act’s New Source Review (NSR) program to make it an efficient and transparent program that is easily understood and effectively implemented; and Whereas, routine maintenance, repair and replacement that does not significantly increase actual emissions should not trigger a New Source Review; and Whereas, ALEC believes that the President’s NSR reforms will allow companies to swiftly undertake essential improvement projects, while protecting the environment.  ALEC further believes these reforms will help America continue to have the most modern and energy efficient infrastructure in the world, while […]

Resolution on Release Time for Union Business

Resolution on Release Time for Union Business Summary The Resolution on Release Time for Union Business opposes the practice of public sector union members receiving release time from their primary responsibilities to participate in union business. Model Resolution WHEREAS, many public agencies, including school districts, regularly provide release time for union leaders and negotiating team members to conduct union business; and WHEREAS, such time should be recorded in order to determine how much time an employee spends on union activity as opposed to performing his/her job duties; and WHEREAS, such union leaders are often senior level employees at the top of […]

Resolution on Renewable Energy Resources in a Competitive Electricity Marketplace

Resolution on Renewable Energy Resources in a Competitive Electricity Marketplace WHEREAS, new mandates for taxes, fees, and charges are being proposed by federal lawmakers to subsidize renewable energy projects, including the imposition of “portfolio standards,” as states act to deregulate the electricity marketplace; WHEREAS, all power generation technologies raise environmental or land management concerns, including renewable energy resources; WHEREAS, renewable energy research and development programs have demonstrated the technical and commercial viability of renewable energy resources; WHEREAS, technological advances continue to reduce the rate of air emissions from all fossil-fuel sources where vibrant market economies are allowed to exist; WHEREAS, […]

Resolution on Responsible Resource Development

WHEREAS, Over the past several years American consumers have benefited from substantially lower and more stable natural gas prices due to the development of technologies that allow energy producers to access significant supplies of domestic natural gas from shale formations and other unconventional reservoirs; and WHEREAS, Responsible development of this new natural gas supply will further benefit consumers, provide new jobs, and lead to lower net emissions of carbon dioxide, nitrogen oxide and sulfur dioxide. These benefits will be realized through the increased  use of natural gas for  such direct use applications as cooking, space heating and water heating, as […]

Resolution on Secondary Boycotts

Resolution on Secondary Boycotts Summary ALEC’s model resolution highlights the impact and problems of secondary boycotts and calls for Congress to amend the Railway Labor Act to include rail and airline unions in prohibiting this unfair labor practice. Model Resolution WHEREAS, in 1947 Congress enacted the Taft-Hartley amendments to the National Labor Relations Act prohibiting striking unions from engaging in boycotts against parties who were not involved in a dispute with the union- so called secondary boycotts; and WHEREAS, in 1986 railroad unions adopted nationwide secondary boy-cott tactics in an effort to force settlement of dispute with a regional rail-road […]

Resolution on State and Local Business Activity Taxes

Resolution on State and Local Business Activity Taxes WHEREAS, the United States Supreme Court, in Quill Corp. v. North Dakota, 504 U.S. 298 (1992), held that remote sellers lacking a physical presence may not be required to act as tax collection agents of the state; and WHEREAS, direct state and local taxes on business, also known as “business activity taxes,” such as income, franchise, net worth, business license, business and occupation, single business, capital stock, and like taxes, impose an even greater burden on businesses engaged in interstate commerce than an obligation to collect a tax from consumers; and WHEREAS, the physical presence standard promotes […]

Resolution on State and Political Subdivision Jurisdiction Act

Resolution on State and Political Subdivision Jurisdiction General Description: This joint resolution of the Legislature declares and asserts the jurisdictional right of the state of [INSERT STATE] and its political subdivisions to respond to and take action when conditions on federally managed land in the state adversely affect, or may adversely affect, the health, safety, or welfare of the people. Whereas, in its Patient Protection and Affordable Care Act decision, released June 2012, the United States Supreme Court reaffirmed the position of the states as “separate and independent sovereigns”; Whereas, the court made it clear that the federal government “must […]

Resolution on State Jurisdiction and Supremacy

Resolution on State Jurisdiction and Supremacy WHEREAS on June 28, 2012, U.S. Supreme Court Chief Justice Roberts noted in the NFIB vs. Sebelius decision, “The states are separate and independent sovereigns. Sometimes they have to act like it.” WHEREAS Jurisdiction refers to which governing entity has the authority, right, and power to govern over a particular matter; and WHEREAS jurisdiction over the health safety and welfare and the lives liberties and properties of the people are possessed by the states and not the federal government; WHEREAS the United States Supreme Court declared, “the federal government must show that a constitutional […]

Resolution on State Medical Board Sunshine and Patient Protection

Resolution on State Medical Board Sunshine and Patient Protection Model Resolution WHEREAS, State medical boards (“boards”) exist for the purpose of protecting patients by maintaining the high standards of excellence to which medical professionals in this country are held, and the public good is served by the boards’ oversight of these standards; and WHEREAS, The practices of some boards (such as acceptance of anonymous complaints, the prohibition of notes and recordings in proceedings, the lack of due process and appeals, the prohibition of public monitoring of proceedings, failures to disclose conflicts-of-interest of board members, and staff- and board-appointed expert witnesses) […]

Resolution on State Use Tax on Prescription Drug Samples

Resolution on State Use Tax on Prescription Drug Samples   Summary Many states currently impose a state use tax on prescription drug samples, while at the same time exempting the sale of prescription drugs from this tax. Free drug samples give patients the opportunity to try new therapies and begin treatment immediately. This Resolution requests that states pass legislation providing a tax exemption on prescription drug samples. Model Resolution WHEREAS, eighteen states impose a use tax on prescription drug samples; and WHEREAS, in the process of imposing a use tax, many states have also specifically exempted the sale of prescription drugs, […]

Resolution on Stop-Loss Insurance

Resolution on Stop-Loss Insurance Summary This Resolution encourages state legislators not to support legislation or regulation which would impose arbitrary limits on stop-loss coverages issued to self-funded plans. By guarding against such legislation, the preservation of a free-market, voluntary employer-based health benefit system is maintained. Model Resolution WHEREAS, one of five, or 51 million Americans, are enrolled in self-funded health benefit plans, and WHEREAS, three of four self-funded employers purchase stop-loss coverage for their health benefit plans, and these plans protect consumers by paying in excess of $100 billion in health benefits to employees and their families, and WHEREAS, one […]

Resolution on Taxation of Smokeless Tobacco Products Versus Cigarettes

Summary This resolution recognizes that tobacco harm reduction is a vital component in a successful tobacco control strategy.  While abstaining from all tobacco is the best way for smokers to reduce their risk of disease, state governments must also consider if those who will not abstain can reduce their risk by switching to tobacco products that present less risk. Research shows that 85 percent of U.S. smokers are unaware that smokeless tobacco products present less risk than cigarettes. Therefore, this resolution calls for transparency in terms of accurate and complete information on the relative risks of nicotine products that are […]

Resolution on the Enhancement of Economic Neutrality, Commercial Efficiency, and Fairness in the Taxation of Moist Smokeless Tobacco (MST) Products

Resolution on the Enhancement of Economic Neutrality, Commercial Efficiency, and Fairness in the Taxation of Moist Smokeless Tobacco (MST) Products WHEREAS, excise taxes are levied by individual states on the distribution of a variety of consumer products in the United States. WHEREAS, excise taxes are levied at various points or transactions during the distribution of these consumer products having a compounding effect on all other taxes levied further along the distribution chain, including sales taxes. WHEREAS, levy of excise taxes should be equally applied to all products of a like nature or category, as to not create a tax policy […]

Resolution on the Federal Deductibility of State Taxes and Fees

Resolution on the Federal Deductibility of State Taxes and Fees WHEREAS, in light of the states trying to address the growing property tax crisis and other revenue demands on their treasuries; and WHEREAS, many replacement revenue sources are currently non-deductible for taxpayers at the federal level; and WHEREAS, this unjustly enriches the federal government at the expense of taxpayers in the states, due to the deductibility standards of the Internal Revenue Service; and NOW, THEREFORE BE IT RESOLVED, that the state of {insert name} urges Congress to declare that any new state or local taxes, or fees that replace currently deductible taxes […]

Resolution on the Federal Employer’s Liability Act

Resolution on the Federal Employer’s Liability Act Summary ALEC’s model Resolution on the Federal Employer’s Liability Act calls for Congress to repeal the Federal Employer’s Liability Act (FELA) and place the railroad industry under no-fault worker’s compensation laws, thus avoiding costly legal expenses. Model Resolution WHEREAS, the railroad industry is covered by the Federal Employers’ Liability Act (FELA), a fault-based law enacted in 1908 to provide compensation to employees suffering work-related injuries; and WHEREAS, since the enactment of FELA, no-fault worker’s compensa-tion laws have been adopted by every state to cover virtually all other American workers; and WHEREAS, FELA imposes […]

Resolution on the Misapplication of Employee Classification Laws

Resolution on the Misapplication of Employee Classification Laws Summary This resolution recognizes that business format franchising is a major contributor to the United States economy.  The resolution also recognizes that franchising is a contractual business relationship, not akin to an employment relationship. Model Resolution WHEREAS, franchising contributes $1.2 trillion to the United States economy through 820,000 franchise businesses; and WHEREAS, franchise businesses employ over 9 million workers; and WHEREAS, franchising has been a major source of economic expansion in the United States, particularly in the retail trade and services sectors, providing entrepreneurs with a proven route to business ownership; and […]

Resolution on the National Association of Insurance Commissioners

Resolution on the National Association of Insurance Commissioners Summary The Resolution on the National Association of Insurance Commissioners (NAIC) opposes the NAIC’s current accreditation process and urges the NAIC to remain an advisor organization which does not attempt to use sanctions to force legislative action. Furthermore, the Resolution calls on the NAIC to create a mechanism whereby legislators are allowed to participate in the organization and provide input on legislative matters. Model Resolution WHEREAS, states have the primary responsibility for regulating the business of insurance through laws and regulations; and WHEREAS, the current accreditation process of the National Association of […]

Resolution on the Release of Inmates Directly from Solitary Confinement

Resolution on the Release of Inmates Directly from Solitary Confinement Summary This resolution addresses the failed practice of releasing prison inmates directly from solitary confinement to the public. Research has shown that by taking someone who has been segregated with no stimulation for 23 hours a day and then releasing them directly to general society, the rate of recidivism, and especially violent recidivism, is increased dramatically. Accordingly, prisons should step down inmates to a lower level of custody prior to their release. Model Resolution WHEREAS, tens of thousands of prison inmates in the U.S. are in solitary confinement; WHEREAS, thousands […]

Resolution on the State Regulation of Insurance

Resolution on the State Regulation of Insurance Summary The Resolution on the State Regulation of Insurance opposes any attempt by the federal government to regulate the insurance industry. Specifically, the Resolution calls on Congress to adopt a proportional liability scheme for cleaning up waste sites, giving states the maximum flexibility and capability to clean-up waste sites without passing clean-up costs to taxpayers through joint and several liability. Model Resolution WHEREAS, [insert state here] supports the continuation of state regulation of the insurance industry and opposes any attempt at federal preemption; and WHEREAS, [insert state here] is opposed to any federal […]

Resolution on Title 1 of the Elementary and Secondary Education Act

Resolution on Title 1 of the Elementary and Secondary Education Act Model Policy Since 1965, the Title 1 programs of the federal Elementary & Secondary Education Act (ESEA) has failed to boost the academic achievement of the students the program purports to serve, WHEREAS, the federal involvement in education ties the hands of the states with mandates, paperwork, and bureaucracy, WHEREAS, Congress does not allow states to consolidate the funds in the Title 1 programs of ESEA program to help existing state reforms and in some cases hinders state reform, Now therefore be it resolved that: the {legislative body} of […]

Resolution on Trade Promotion Authority

Resolution on Trade Promotion Authority Summary This resolution supports the extension of trade promotion authority (TPA) to the President of the United States, something every US President has enjoyed since 1974 until it was rejected by Congress in 2011.  TPA facilitates the expansion of markets and the negotiation of free trade agreements which have been shown to increase America’s export market and to be an important tool for the US President to have. Model Resolution WHEREAS, Americans are deeply concerned with job creation, economic stability, and expanding economic prosperity throughout the United States, and; WHEREAS, international trade is a critical […]

Resolution on Transparency and Accountability in Criminal Law

Resolution on Transparency and Accountability in Criminal Law Summary This resolution upholds the principles of transparency and accountability in government when it comes to the creation and enhancement of criminal laws.  The state of [insert state here] appreciates the vital role that criminal law plays in protecting public safety and ensuring justice for victims.  At the same time, given that criminal law entails the most coercive form of regulation a government can impose, it is critical that, before the body of criminal law in a state is modified, the proposal be fully vetted by lawmakers and the public and that […]

Resolution on Transparency in Health Care

Resolution on Transparency in Health Care Model Resolution WHEREAS, {Insert state} finds that consumers are becoming more value conscious when making decisions about their personal health care and financing of such health care and as a result are seeking greater transparency in health care information; and WHEREAS, {Insert state} finds that greater access to information about cost and quality of health care is particularly critical for the growing number of consumers enrolled in “consumer-driven health plans” such as health savings accounts, health reimbursement arrangements, flexible spending accounts, etc. which offer consumers unprecedented opportunity to determine how their health care dollars […]

Resolution on U.S. Conference of Mayors Climate Protection Agreement Accountability

Whereas, in 2005, the United States Conference of Mayors Climate Protection Agreement was created to encourage cities to reduce carbon emissions. Whereas, the announcement of the Agreement says “supporting mayors pledge to reduce carbon dioxide emissions by 7 percent below 1990 levels by 2012” the levels included in the Kyoto Protocol. Whereas, emissions in the United States were 7 percent higher in 2009 than 1990. Whereas, only nine states achieved the carbon reductions called for in the Kyoto Protocol. Whereas, major cities, including Seattle which initiated the Climate Protection Agreement, have failed to meet the Kyoto targets. Whereas, more than […]

Resolution on Unilateral Trade Sanctions

Resolution on Unilateral Trade Sanctions Summary This resolution cautions against the use of unilateral trade sanctions to achieve international policy goals.  While the bill does not prohibit their use, it discourages their use until most, if not all, other options have been exhausted.  This policy is prudent given the strong evidence that unilateral trade sanctions have yet to prove successful anywhere they have been employed. Model Resolution Whereas, the United States’ prosperity is tied to our participation in the global economy; and Whereas, the imposition of artificial barriers to free and open trade – such as unilateral trade sanctions – […]

Resolution on Use of Transportation Taxes

Resolution on Use of Transportation Taxes Summary {Insert state} urges the U.S. Congress to oppose any legislation that would spend tax dollars for any purpose other than directly towards the nation’s transportation infrastructure. Model Resolution WHEREAS, the movement of goods and people locally, regionally, nationally and internationally over this country’s highways, railroads and through our country’s airports and waterways is crucial to our nation’s economy; and WHEREAS, taxes levied upon the energy used to move goods and citizens, traditionally and historically, have been directly invested into the expansion, maintenance and rebuilding of our nation’s transportation system; and WHEREAS, there exists an […]

Resolution Opposing “Pay at the Pump” Automobile Insurance

Resolution Opposing “Pay at the Pump” Automobile Insurance Summary “Pay at the pump” plans would replace the present personal choice automobile insurance market with a government program. Each car would be covered by basic auto insurance upon registration and issuance of license tags through higher registration and tag fees, and the state would use the proceeds of a gasoline surtax of up to 50 cents per gallon to pay for future claims. States would contract with insurance companies to handle claims, and insurance companies would compete in bidding to insure blocks of motorists. Individuals could exercise choice of package provided […]

Resolution Opposing Anti-Indemnity and Anti-Additional Insured Legislation

PURPOSE:  Urging state legislatures not to adopt legislation that would prohibit or require the inclusion of indemnity and additional insured provisions in commercial contracts  WHEREAS, a number of state legislatures have passed laws prohibiting standard indemnity and additional insured contract provisions that have been in use for decades WHEREAS, the freedom of contract is among the fundamental liberties guaranteed by the United States Constitution and is an essential element of a free-market economy WHEREAS, the ability for businesses to contract freely and to consent voluntarily to commercial terms promotes prosperity and commerce by giving businesses tremendous flexibility in ordering their […]

Resolution Opposing Employer-Paid Health Care Mandates

Resolution Opposing Employer-Paid Health Care Mandates Summary A resolution in opposition to recent efforts by some state legislatures to mandate that private employers purchase health insurance for their employees. Research has shown that a recent example of such legislation would cost employers, in one state, an additional $11.4 billion per year, and would not fulfill its goal of providing insurance to the uninsured. Model Resolution WHEREAS, the state of {insert state} opposes interference in the labor market by burdensome regulations and mandates; and WHEREAS, some states have mandated or proposed that employers pay for the majority of the health care […]

Resolution Opposing EPA’s Regulatory Train Wreck

WHEREAS:  The United States Environmental Protection Agency (EPA) has proposed or is proposing numerous new regulations, particularly in the area of air quality and regulation of greenhouse gases, that are likely to have major effects on the economy, jobs and U.S. competitiveness in worldwide markets;  WHEREAS:   EPA’s regulatory activity as to air quality and greenhouse gases has become known as the “train wreck,” because of the numerous and overlapping requirements and because of the potentially devastating consequences this regulatory activity may have on the economy; WHEREAS:  Concern is growing that, with cap-and-trade legislation having failed in Congress, EPA is attempting […]

Resolution Opposing Federal Intrusion in State Education Content Standards

Resolution Opposing Federal Intrusion in State Education Content Standards WHEREAS, the mission of the American Legislative Exchange Council (“ALEC”) is, in part, to advance Jeffersonian principles, including respect for federalism and the prerogatives of the states; and WHEREAS, education is inherently a state issue since those closest to students—local schools, districts and states—have always been best equipped to make appropriate educational decisions, including choosing academic content standards; and WHEREAS, states began working together over a decade ago to identify the knowledge and skills in the foundational subjects of English language arts and mathematics necessary to succeed in college and careers […]

Resolution Opposing Government Involvement in Commercial Negotiations

Resolution Opposing Government Involvement in Commercial Negotiations WHEREAS, it is the mission of the American Legislative Exchange Council (ALEC) to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, the American economy has been and continues to be among the most vibrant in the world, creating the highest standards of living and benefits for its citizens, and WHEREAS, in America’s capitalist system disputes will sometimes arise between commercial entities and those commercial entities will negotiate to resolve their disputes, and WHEREAS, in those few instances where commercial disputes are not resolved amicably the parties have access to the courts or […]

Resolution Opposing Government Mandated Disclosure of Proprietary, Trade Secret Information

Resolution Opposing Government Mandated Disclosure of Proprietary, Trade Secret Information Summary A resolution in opposition to recent efforts by some state legislatures to mandate that Pharmacy Benefit Managers (PBMs) disclose competitive, proprietary, and trade secret information to their clients and other entities.  The Federal Trade Commission (FTC) and other federal government agencies have determined that PBMs have successfully helped employers, health plans and other healthcare purchasers significantly reduce their drug costs.  The FTC has determined that government-mandated disclosures of proprietary information would undermine the vigorous competition in the marketplace that has enabled PBMs to continue to control drug costs for […]

Resolution Opposing Increases in Minimum Wage Linked to the CPI

Resolution Opposing Increases in Minimum Wage Linked to the CPI WHEREAS, for most Americans minimum wage is entry level pay and not a way of life; it is an opportunity to learn valuable on the job training skills and to gain work experience; WHEREAS, many politicians incorrectly paint a picture that minimum wage workers are in a perpetual state and only government control of the economy will save them; WHERAS, the federal government has set a price floor for labor with future planned increases which has already contributed to the worsening of our economy and unemployment statistics; WHEREAS, most minimum […]

Resolution Opposing PPACA Medicaid Expansion

Summary This Resolution urges states to reject Medicaid expansion that is permitted, but not required, in the federal Patient Protection and Affordable Care Act, and instead reform the existing Medicaid safety net to increase access to high-quality, affordable private health coverage. Model Policy WHEREAS, Only {insert number} states have governors and legislatures in agreement to optionally expand Medicaid up to all persons earning up to one hundred thirty-eight percent (138%) of the federal poverty level beginning January 1, 2014, as outlined in the Patient Protection and Affordable Care Act (PPACA); and WHEREAS, The PPACA Medicaid expansion is largely funded with […]

Resolution Opposing Regulation Intruding on the States’ Traditional Role as the Primary Regulator of Homeowners’ Insurance

Resolution Opposing Regulation Intruding on the States’ Traditional Role as the Primary Regulator of Homeowners’ Insurance Summary This Resolution upholds the McCarran-Ferguson Act and reserves the primacy of homeowners’ insurance regulation to the states by opposing the listing of the provision and pricing of homeowners’ insurance by the U.S. Department of Housing and Urban Development as an example of a housing policy that may have a disparate impact on a specific group of persons. Model Resolution WHEREAS, the United States Department of Housing and Urban Development published notice of a proposed rule in the Federal Register on November 16, 2011, […]

Resolution Opposing the Expansion of the Federal Trade Commission’s Rulemaking Authority

Resolution Opposing the Expansion of the Federal Trade Commission’s Rulemaking Authority WHEREAS, it is the mission of ALEC to advance the Jeffersonian principles of free markets, limited government, federalism, and individual liberty; and WHEREAS, the process of government should be open, transparent and in keeping with the separation of powers as detailed by the authors of the Constitution; and WHEREAS, the Federal Trade Commission (FTC) is currently seeking to greatly expand its authority, in contradiction with the established separation of powers and federalist principles, by petitioning Congress for expanded rulemaking authority; and WHEREAS, this expanded authority would embolden a five […]

Resolution Opposing the United Nations Drive for Global Taxes

Resolution Opposing the United Nations Drive for Global Taxes Summary The Resolution urges Congress to oppose any legislation that would authorize the United Nations (UN) to levy taxes on American citizens or establish an international agency authorized to levy taxes on American citizens. Model Resolution WHEREAS, federal officials have been coordinating with other nations for the purpose of creating worldwide tax enforcement; and WHEREAS, the Secretary-General of the United Nations (hereinafter the “UN”) has declared that the UN cash resources do not meet current needs or obligations and it is essentially bankrupt; and WHEREAS, instead of initiating major cuts in spending, operations or personnel, […]

Resolution Opposing Unfair and Unbalanced Insurance “Bad Faith” Legislation

Summary  This resolution is responsive to efforts by the plaintiffs’ bar, represented by the Association of American Justice (formerly the Association of Trial Lawyers of America) and its state-level affiliates, to enact legislation that undermines settled principles of contract law by unreasonably expanding the liability of insurance companies for so-called “bad faith” in claims handling and processing.  These efforts seek to create new or expansive private causes of action, lower existing viable and fair standards that need to be met in order to file an action, and allow for recovery of additional penalties, including damages multipliers, punitive damages and one-way […]

Resolution Opposing Unfair Federal Consent Decrees

PURPOSE:  To support policy ensuring that federal consent decrees are narrowly drafted, limited in duration, and respectful of state and local interests and policy judgments.  WHEREAS, in a growing number of cases involving state and local governments across the nation, consent decrees have become a means by which federal judges make policy decisions that are best left in the hands of state and local officials; and WHEREAS, consent decrees can remain in place for decades and lock-in policies that were agreed to by state and local officials who are no longer in office; and WHEREAS, newly-elected state and local officials […]

Resolution Opposing “Card Check” and Forced, Compulsory Binding Arbitration

Resolution Opposing “Card Check” and Forced, Compulsory Binding Arbitration Summary A resolution opposing efforts to amend the National Labor Relations Act of 1935 removing the private election phase of union recognition campaigns and forcing binding arbitration on employers during union negotiations. Existing labor law provides for a two-phase process of union recognition: the signing of authorization cards and a private election overseen by the National Labor Relations Board. Model Resolution WHEREAS, the right to private elections is the cornerstone of American democracy; and WHEREAS, private ballot elections are the most democratic way to determine employees’ wishes and guarantee an outcome […]

Resolution Providing Recommendation on UN Internet Oversight

 Resolution Providing Recommendation on UN Internet Oversight Summary This resolution calls on the US delegation to the United Nations (UN) to stand in opposition to any attempts to permit UN regulation of the Internet. The Internet is currently based on a multi-stakeholder model, allowing input from the public and private sectors. Several countries have advocated for change in the current structure, proposing that the UN or one of its branches establish control over the Internet. Recognizing that the current model of open access has enhanced and encouraged communication, innovation, the flow of information and free speech, any change could threaten […]

Resolution Reaffirming Tenth Amendment Rights

 Resolution Reaffirming Tenth Amendment Rights Summary The Tenth Amendment to the Constitution of the United States limits the power of the federal government and holds that the federal government was established by the states to be an agent of the states. This resolution reaffirms those Tenth Amendment Rights and reasserts the balance of power between the states and the federal government codified in the US Constitution. Model Resolution WHEREAS, the Tenth Amendment to the Constitution of the United States specifically provides that, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, […]

Resolution Recognizing the Large and Growing Need for Commercial Nuclear Energy and Urging the President and Congress to Make Steady Progress toward a Permanent Geologic Repository for Used Commercial Nuclear Fuel and Such Nearer-Term Priorities as Interim Fuel Storage and Research into Fuel Reprocessing and Closing the Nuclear Fuel Cycle

Summary ALEC’s model Resolution Recognizes the Growing Need for Nuclear Energy and Urges the President and Congress to Make Steady Progress toward a Permanent Geologic Repository for Used Commercial Fuel and Such Nearer-Term Priorities as Interim Used Fuel Storage and Research into Fuel Reprocessing and Closing the Nuclear Fuel Cycle. Model Resolution WHEREAS, America’s 103 commercial nuclear plants generate 20 percent of the Nation’s electricity with remarkably high levels of efficiency and reliability while producing zero emissions of pollutants or greenhouse gases; and WHEREAS, projected U.S. electricity demand will increase by 40 percent by the 2030, requiring the nuclear industry to bring […]

Resolution Regarding Codification of the Judicial Cy Pres Doctrine

Summary  This resolution responds to efforts by the plaintiffs’ bar, represented by the American Association for Justice and its state level affiliates, to encourage courts to adopt or legislatures to enact state laws requiring that any residual funds at the end of a class action (after either a settlement or a verdict) be distributed to charities and non-profit groups approved by the court.  Such distributions are referred to as “cy pres” awards. The cy pres doctrine was developed at common law to redefine the purpose of a charitable trust fund if the original purpose of the trust ceased to exist […]

Resolution Regarding Codification of the Judicial Cy Pres Doctrine

Summary  This resolution responds to efforts by the plaintiffs’ bar, represented by the American Association for Justice and its state level affiliates, to encourage courts to adopt or legislatures to enact state laws requiring that any residual funds at the end of a class action (after either a settlement or a verdict) be distributed to charities and non-profit groups approved by the court.  Such distributions are referred to as “cy pres” awards. The cy pres doctrine was developed at common law to redefine the purpose of a charitable trust fund if the original purpose of the trust ceased to exist […]

Resolution Regarding Traffic Pumping

Resolution Regarding Traffic Pumping WHEREAS, Traffic Pumping (Access Stimulation) is the artificial stimulation of switched access traffic to small rural LECs with high inter- and intrastate switched access rates partnering with free calling service companies offering “free” conference calls, adult and pornographic chat, and international calling; WHEREAS, these small rural LECs collect switched access revenues from long distance carriers and share them via secret contracts with the free calling service companies; WHEREAS, Traffic Pumping is a significant and growing problem within the Telecommunications industry; WHEREAS, the FCC has amassed a large record on traffic pumping activities in its Traffic Pumping […]

Resolution Requesting that the Federal Government Confer and Consult with the States on Management of Public Lands and Energy Resources

Resolution Requesting that the Federal Government Confer and Consult with the States on Management of Public Lands and Energy Resources Summary This Resolution requests that Congress and the Administration acknowledge and respect the role of states in a federal constitutional republic. It calls on Congress and the Administration to commit to greater consultation with the states and to recognize that cost-benefit and job-impact analyses must be addressed in order to understand how federal regulations impact states and their respective citizens. Model Resolution Whereas, Management of public lands and energy resources has a direct fiscal impact on state economies and state […]

Resolution Requesting that the Federal Government Confer and Consult with the States on Management of Public Lands and Energy Resources

Whereas, Management of public lands and energy resources has a direct fiscal impact on state economies and state budgets; and  Whereas, Public lands should be managed to encourage environmentally responsible energy development and further restrictions to energy development on public lands are not only unnecessary, but also increase the United States’ reliance on foreign energy sources; and  Whereas, State governments and regulatory agencies are best positioned to address the unique management needs of local resources, wildlife and vegetation; and  Whereas, Cost-benefit and job-impact analyses are required in many states before new state rules or regulations are adopted; and  Whereas, Regulations […]

Resolution Supporting a Reasonable Compliance Timeline and Economy-wide impact study of EPA’s Mercury and Air Toxics Rule

WHEREAS, the U.S. Environmental Protection Agency (EPA) has adopted and has proposed a series of regulations establishing stringent new standards applicable to the electric power sector industry; WHEREAS, individual states, the American Legislative Exchange Council, Regional Transmission Operators and other parties have raised significant concerns on the proposed Cross State Air Pollution and Mercury and Air Toxics regulations such as  the negative impact these regulations would have on states’ ability to prepare compliance plans, electricity prices, the reliable operation of the electric power grid, the effective elimination of future electric generating plants that use clean coal technologies  and on the interests of […]

Resolution Supporting Choices for Americans with Disabilities

Resolution Supporting Choices for Americans with Disabilities Summary This resolution urges states to close state operated facilities and move persons with intellectual and developmental disabilities (ID/DD) to home and community based waiver services (HCBS). Model Resolution WHEREAS, 32,909 Americans with intellectual and developmental disabilities (ID/DD) lived in 162 large, state operated facilities—with 16 beds or more—in 42 states as of June 30, 2009; and WHEREAS, Persons with ID/DD have a fundamental right to be given choice in services that provide respect and dignity; and WHEREAS, Persons with ID/DD have the right to live in the least restrictive environment consistent with […]

Resolution Supporting Congressional Action to Affirm State Authority over Tax Incentives and Economic Development

Resolution Supporting Congressional Action to Affirm State Authority over Tax Incentives and Economic Development Background The value of state tax incentives has always been a matter of vigorous debate. Do state tax incentives encourage job creation and investment that otherwise would not occur or are they merely a form of corporate welfare? Historically, this debate has taken place among elected legislators in state capitols; however, a recent Federal Appeals Court decision paves the way for state tax policy to be decided, not in state Legislatures, but in the Federal court system. In September 2004, a three judge panel for the […]

Resolution Supporting Private Market Initiatives For Children’s Health Insurance Programs

Resolution Supporting Private Market Initiatives For Children’s Health Insurance Programs Model Resolution WHEREAS, the U.S Congress passed a provision in the 1997 Budget Agreement allocating $24 billion over the next five years to the states in order to provide health insurance for low-income, uninsured children: and WHEREAS, the states are required to contribute a Medicaid matching rate, which is estimated will cost the states an additional $10 over the next five years; and WHEREAS, the states must now determine how best to use the allocated funds, based on the guidelines of the federal legislation, which allows states to either expand […]

Resolution Supporting Pro Consumer Public Policy for Voice, Video, and Data Services

Resolution Supporting Pro Consumer Public Policy for Voice, Video, and Data Services WHEREAS, it is the mission of the American Legislative Exchange Council to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, it is the policy of ALEC to encourage and accelerate the development of competitive and advanced services, and as new technologies become available, all public policy must be driven by free market principles for the benefit of consumers in this Nation and its states, and, WHEREAS, ALEC believes that a competitive marketplace, not multiple layers of regulation, will most efficiently provide […]

Resolution Supporting Taiwan’s Meaningful Participation in the International Civil Aviation Organization (ICAO)

Resolution Supporting Taiwan’s Meaningful Participation in the International Civil Aviation Organization (ICAO)  Summary As a key international transport hub, Taiwanese airspace is critically important to the global community. 365,000 Americans traveled to Taiwan for business and leisure during 2009, and in 2008 Taoyuan International Airport was ranked the world’s 15th largest airport by cargo volume. Aviation safety in Taiwan is in the best interests of both American economic and civil activity. Taiwan has been working consistently to improve cross-strait relations with China and attain broader recognition in international bodies. In 2009 Taiwan was invited to the UN World Health Organization […]

Resolution Supporting Territorial Rating

Resolution Supporting Territorial Rating Summary “Redlining” originally referred to the refusal to insure an area identified on a map by red lines. Redlining also is used to refer to discrimination in insurance coverage because of race, sex, or other arbitrary factors. However, readlining is illegal in all fifty states. Territorial rating, which should not be equated with “Redlining”, refers to the legitimate business practice of factoring in the location of risk in determining an insurance premium. The frequency and severity of theft, natural disaster, arson, or other factors may be greater in one area than another. Model Resolution WHEREAS, the […]

Resolution Supporting the Mobile Workforce State Income Tax Simplification Act

Resolution Supporting the Mobile Workforce State Income Tax Simplification Act Summary The Resolution supports Congressional enactment of the Mobile Workforce State Income Tax Simplification Act.  This Act is designed to simplify the highly complex and widely divergent tax treatment among states of the income workers earn while traveling away from home.  It proposes a uniform national standard for the taxation of nonresidents who travel for work in which an employee’s earnings are subject to full tax in his/her State of residence. In addition, under The Act an employee’s earnings would be subject to tax in the nonresident State(s) to which […]

Resolution Supporting the Private Ownership of Property

WHEREAS, the Founding Fathers of our nation understood that the rights to own property is the cornerstone of liberty and freedom and is essential to the concept of life, liberty and the pursuit of happiness; WHEREAS, the private ownership of property is an essential element of free, independent and sovereign society; WHEREAS, the private ownership of property guarantees individual liberty and freedom; WHEREAS, the private ownership of property includes, but is not limited to, land, real, tangible, intangible, personal and corporate possessions and intellectual properties; WHEREAS, the right to private ownership of property is being destroyed, often without forewarning or […]

Resolution Supporting the Repeal of the Independent Payment Advisory Board (IPAB)

Resolution Supporting the Repeal of the Independent Payment Advisory Board (IPAB) Summary and Background On March 22, 2012, the U.S. House of Representatives passed H.R. 5, the Protecting Access to Healthcare (PATH) Act, by a 223-181 vote.  This bill repeals the Independent Payment Advisory Board (IPAB) established in the Patient Protection and Affordable Care Act (PPACA).  The U.S. Senate has yet to take up the issue. This resolution calls for the repeal of IPAB, and for the repeal of any funding for IPAB’s establishment or operation. Model Resolution WHEREAS, Section 3403 of the Patient Protection and Affordable Care Act (PPACA) […]

Resolution Supporting the Successful Negotiation of a Comprehensive and Commercially Meaningful Transatlantic Trade and Investment Partnership (TTIP)

Resolution Supporting the Successful Negotiation of a Comprehensive and Commercially Meaningful Transatlantic Trade and Investment Partnership (TTIP) Model Policy Summary The Transatlantic Trade and Investment Partnership (TTIP) Agreement has the potential to be the largest trade framework ever negotiated underscoring the importance of ensuring that it is a high standard, comprehensive agreement with strong intellectual property provisions.  In keeping with the American Legislative Exchange Council’s (ALEC’s) support of the Jeffersonian principle of free markets and ALEC’s past support of a wide variety of trade frameworks, this resolution supports the negotiation and final ratification of such an agreement. Whereas, the transatlantic […]

Resolution Supporting Training and Continuing Education for Higher Education Governing Boards

Resolution Supporting Training and Continuing Education for Higher Education Governing Boards Expressing the sense of the Legislature regarding the importance and value of continuing education for college and university governing boards RECOGNIZING that lay governance is a part of our democratic tradition and brings the perspective of informed citizens to the heart of the university; RECOGNIZING that responsible stewardship can make a real difference in what students know and can do when they graduate, in access, selection of leaders, cost-effectiveness, quality of public higher education and in developing closer linkages between the greater society and the universities that serve them; […]

Resolution Supporting United States History Education

Resolution Supporting United States History Education Expressing the sense of the Legislature regarding the importance and value of education in United States history  WHEREAS, basic knowledge of United States history is essential to full and informed participation in civic life and to the larger vibrancy of the American experiment in self-government; WHEREAS, basic knowledge of the past serves as a civic glue, binding together a diverse people into a single Nation with a common purpose and empowers meaningful civic participation; WHEREAS, citizens who lack knowledge of United States history will also lack an understanding and appreciation of the democratic principles that […]

Resolution to Highlight Challenges and Opportunities in the US-India Trade Relationship

Resolution to Highlight Challenges and Opportunities in the US-India Trade Relationship Summary The United States and India are the world’s two largest democracies and are currently experiencing their largest bilateral trade and investment flows ever recorded, with total goods and services traded in 2011 recorded at $100 billion. However, India has recently begun implementing anti-competitive economic policies and recent policy, regulatory and legal decisions have demonstrated an alarming disregard for accepted international intellectual property rights. This is a troubling development for India and its trading partners. As Robert Atkinson of the Information Technology and Innovation Foundation (ITIF) puts it, by […]

Resolution to Oppose the Multistate Tax Commission’s Effort to Rewrite the Uniform Division of Income for Tax Purposes Act

Resolution to Oppose the Multistate Tax Commission’s Effort to Rewrite the Uniform Division of Income for Tax Purposes Act Summary This resolution opposes the effort being undertaken by the Multistate Tax Commission (MTC) to rewrite the Uniform Division of Income for Tax Purposes Act (UDITPA). This resolution recognizes that state tax competition and the fundamental right of states to design their own tax structures to reflect the unique nature of their geographical, cultural, and political climates weighs against the Multistate Tax Commission’s effort to develop a uniform approach to taxing income. Further, this resolution recognizes that Multistate Tax Commission is […]

Resolution to Permanently Repeal the Federal Unified Gift and Estate Tax

Summary The Federal Unified Gift and Estate Tax, or the “Death Tax” has been identified as destructive to job opportunity and expansion. The “Death Tax” generates only a minimal amount of Federal Revenue, yet enormous dollars are spent in collecting and administering these taxes and in useless lawyers’ and accountants’ time and expense as people try to avoid this punitive “double tax.” In order to pay the taxes, heirs must sell family businesses. This resolution calls upon the U.S. Congress to permanently repeal the Federal Unified Gift and Estate Tax. Model Resolution WHEREAS, the Federal Unified Gift and Estate Tax […]

Resolution to Recognize and Commend the United States-Indonesia Comprehensive Partnership and Its Global Significance of Enhanced Cooperation between the United States and Indonesia

 Resolution to Recognize and Commend the United States-Indonesia Comprehensive Partnership and Its Global Significance of Enhanced Cooperation between the United States and Indonesia Summary This resolution applauds the current Presidential Administration for embarking on a US-Indonesia comprehensive partnership. The partnership is expected to enhance both economic and strategic cooperation with an important partner in a pivotal region. Model Resolution WHEREAS, the United States-Indonesia Comprehensive Partnership is a commitment by the United States and Indonesia to broaden, deepen and elevate bilateral relations between the United States and Indonesia; and WHEREAS, the partnership recognizes the global significance of enhanced cooperation between the […]

Resolution to Reduce the State’s Dependence on Federal Funds

Resolution to Reduce the State’s Dependence on Federal Funds Summary Increasingly, states are relying to a greater degree on federal grants and subsidies to cover programs in the states’ budget.  Gridlock in Congress, however, has put the reliability of those funds in jeopardy, risking the possibility that states may budget for federal funds that never arrive.  In order to ensure the continuation of state programs and minimize disruption in the event of a federal appropriations lapse, states must reduce their dependence on federal funds for day-to-day operations. Model Resolution WHEREAS, the Legislature of the state declares that the nation’s fiscal […]

Resolution to Reform Export Control Regulation of Dual-Use and Defense Items

Resolution to Reform Export Control Regulation of Dual-Use and Defense Items Summary Current regulations constrain US business from competing globally, create friction with trusted allies who have to negotiate our cumbersome export controls regulatory system and do not effectively prevent sensitive technology from reaching potential adversaries. In the near term, US defense spending is likely to decline, compelling companies to rely more heavily on exports in order to maintain the investment levels in research and development necessary to keep our technology at the cutting edge.  This resolution applauds the priority that the current Administration has placed on this issue as […]

Resolution to Repeal Section 526

WHEREAS, Section 526 attempts to prohibit agencies of the government of the United States from purchasing transportation fuels that are derived from alternative or synthetic fuels, including fuels produced from nonconventional petroleum sources; and WHEREAS, the U.S. military and federal government agencies would face an immense challenge in addressing Section 526, due to the total impracticality and lack of means for determining the original sources of the fuels they purchase; and WHEREAS, such a prohibition would decrease supply of fuels from domestic and North American sources; and WHEREAS, energy demand is increasing and America’s energy security depends on access to […]

Resolution to Repeal Special Privileges in Transit

Resolution to Repeal Special Privileges in Transit Summary ALEC’s model Resolution to Repeal Special Privileges In Transit would reduce or eliminate costly special privileges that grant transit workers benefits and provisions above the vast majority of American workers. Model Resolution WHEREAS, the nation faces serious problems of urban traffic congestion and air pollution; and WHEREAS, substitution of transit trips by automobile drivers reduces traffic congestion and air pollution; and WHEREAS, substitution of transit trips by automobile drivers has been a principal policy justification for spending more than $200 billion to subsidize transit operations and construct expensive rail systems; and WHEREAS, […]

Resolution to Restate State Sovereignty

Resolution to Restate State Sovereignty Summary The Resolution to Restate State Sovereignty is designed to affirm the powers reserved to the States under the 10th Amendment of the United States Constitution. Model Resolution WHEREAS, The 10th Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and WHEREAS, The 10th Amendment defines the total scope of federal powers as being that specifically granted by the United States Constitution and no more; and WHEREAS, The […]

Resolution to Restore Transportation to the States

Resolution to Restore Transportation to the States Summary This Resolution empowers the state of [insert state] to manage gas tax dollars without federal government interference. Model Resolution WHEREAS, the United States Department of Transportation was established by an act of Congress on October 15, 1966, and the department’s first official day of operation was April 1, 1967; and WHEREAS, the mission of the department is to “Serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into […]

Resolution to Retain State Authority over Coal Ash as Non-Hazardous Waste

WHEREAS, the U.S. Environmental Protection Agency (EPA) intends to propose federal regulations to govern the disposal of coal combustion byproducts (CCB) under the Resource Conservation and Recovery Act (RCRA);  WHEREAS, the EPA is considering changing the current regulatory status of CCBs from a non-hazardous waste under the RCRA Subtitle D to a hazardous waste under RCRA  Subtitle C;  WHEREAS, the EPA is prohibited by Federal Law from declaring CCB to be hazardous until it “conduct[s] a detailed and comprehensive study and submit[s] a report” to Congress on the “adverse effects on human health and the environment, if any, of the […]

Resolution to Retain State Authority over Hydraulic Fracturing

WHEREAS, Hydraulic fracturing is a proven technology with a long history of environmentally safe use in the completion of oil and gas wells; and WHEREAS, The oil and gas producing States regulate hydraulic fracturing as a component of their regulatory problems for the drilling, completion, operation, and plugging of oil and gas wells; and WHEREAS, The reservoirs that produce oil and gas are highly variable geologically and separated geographically across the oil and gas producing States such that State regulatory agencies are best suited by local expertise and experience to effectively regulate hydraulic fracturing; and WHEREAS, State regulatory agencies are […]

Resolution to Retain State Sovereignty over Instrastate Water Resources

WHEREAS, the 10th Amendment of the United States Constitution preserves powers not delegated to the federal government for the states, establishing federalism and state sovereignty as integral founding principles of American government; and  WHEREAS, the United States Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (2001) and Rapanos v. United States (2006) held that the Federal Water Pollution Control Act (The Clean Water Act) did not intend to grant federal authority over intrastate waters, and that these waters were not subject to regulation under the interstate commerce clause of the United […]

Resolution to Support Congressional Efforts to Ban Internet Access Taxes

Resolution to Support Congressional Efforts to Ban Internet Access Taxes  Summary This resolution supports a permanent Internet Access tax moratorium. The current moratorium will expire November 1, 2014. This resolution recognizes that taxing Internet access would slow broadband deployment, particularly in rural and low-density areas, would decrease telework opportunities, and widen the digital divide. Resolution WHEREAS, broadband Internet access for all Americans is an important public policy objective, and WHEREAS, taxing Internet access will have a chilling effect on broadband investment into rural and low-density areas where fewer consumers will buy a higher-priced product, and WHEREAS, less deployment in rural […]

Resolution to Support State Efforts to Protect Secret Ballot Elections

Resolution to Support State Efforts to Protect Secret Ballot Elections Summary [insert state here] supports the efforts of states to guarantee the right of individuals to vote by a private, secret ballot in elections for public office or ballot measures and in designations or authorizations for employee representation. Model Resolution WHEREAS, the right to private, secret-ballot elections is a cornerstone of American democracy; WHEREAS, private, secret-ballot elections are the most fair, reliable, and democratic expression of the decision of a group of people, unaffected by improper outside pressure; WHEREAS, use of the secret ballot is currently required under provisions of state […]

Resolution Urging Congress to Aid State Tax Reform

Resolution Urging Congress to Aid State Tax Reform  Summary A concurrent resolution encouraging the President of the United States to support and the Congress of the United States to enact legislation allowing the deduction from federal income taxes under Section 164 of the Internal Revenue Code of all or part of a fee or other charge imposed by a state in place of state and local property or income taxes as part of a restructuring of a statewide taxation system. Absent such a measure, many citizens in states that adopt tax restructuring could see their federal tax burden increased. Model […]

Resolution Urging Congress to Cut the Federal Corporate Tax Rate

Resolution Urging Congress to Cut the Federal Corporate Tax Rate Summary This resolution encourages Congress to cut the 35 percent federal corporate tax rate in order to improve the ability of the 50 U.S. states to compete for investment and jobs in the global economy. Resolution WHEREAS, the combined United States average federal-state corporate income tax rate is over 39 percent, according to the Organization for Economic Cooperation & Development (OECD), meaning the United States imposes the second-highest overall corporate tax statutory rates in the industrialized world, much higher than the OECD average of 25 percent; and WHEREAS, effective United […]

Resolution Urging Congress to Cut the Federal Corporate Tax Rate and Adopt a Home Country Tax System

Resolution Urging Congress to Cut the Federal Corporate Tax Rate and Adopt a Home Country Tax System Summary: This resolution encourages Congress to cut the 35 percent federal corporate tax rate and replace the U.S.’s “cross-border” tax system with a “home country” tax system in order to improve the ability of the 50 U.S. states to compete for international investment and jobs in the global economy. Model Resolution: WHEREAS, it is the mission of the American Legislative Exchange Council to advance Jeffersonian principles of free markets, limited government, federalism, and individual liberty, and WHEREAS, at a combined federal-state rate of 39.2 […]

Resolution Urging Congress to Eliminate the Alternative Minimum Tax

Resolution Urging Congress to Eliminate the Alternative Minimum Tax  Summary  This resolution encourages Congress to abolish the Alternative Minimum Tax to increase simplicity, predictability, and neutrality in the tax code and protect American taxpayers from this burdensome levy. Model Resolution WHEREAS, the Alternative Minimum Tax adds significantly to the complexity of the tax code by forcing a significant proportion of the population to calculate taxes twice under different rules, and WHEREAS, the Alternative Minimum Tax has in recent years greatly exceeded the scope of the legislation’s original intent of ensuring 155 high income taxpayers could not evade an appropriate level […]

Resolution Urging Congress to Oppose Federal Standards for Monopoly Bargaining

Resolution Urging Congress to Oppose Federal Standards for Monopoly Bargaining Summary This resolution urges Congress to reject legislation to federalize monopoly collective bargaining laws for state and local public safety employees such as police officers and firefighters. Such legislation would usurp the long-standing principle that state and local jurisdictions have authority over these workers. Currently, state and local governments are empowered to regulate collective bargaining activities for these employees. Fourteen states, in fact, have decided not to adopt monopoly bargaining for public safety workers. Proposed federal legislation would turn this on its head by granting the Federal Labor Relations Authority […]

Resolution Urging Congress to Pass Legislation Requiring Expedited Waiver Procedures to States

Resolution Urging Congress to Pass Legislation Requiring Expedited Waiver Procedures to States Summary This resolution urges Congress to pass legislation to require federal executive agencies to establish expedited review procedures for granting a waiver to a state under a grant program administered by the federal agency if another state has already been granted a similar waiver by the agency under that program. Model Resolution WHEREAS, states have applied to numerous waivers from federal agencies; and WHEREAS, these waiver applications submitted because states wanted to try new innovative approaches to meet long-standing policy challenges; and WHEREAS, each waiver application requires extensive […]

Resolution Urging Congress to Pass the Trans-Pacific Partnership Agreement (TPP)

Resolution Urging Congress to Pass the Trans-Pacific Partnership Agreement (TPP) Summary Drawing on ALEC’s guiding free market principles, this resolution calls on Congress to support negotiations for a high standard, comprehensive Trans-Pacific Partnership (TPP). The TPP is a multilateral trade framework currently being negotiated by nations on both sides of the Pacific. These nations are at varying levels of development and the agreement has the flexibility to expand to accept new members. The TPP has the potential to become the benchmark against which future trade frameworks will be measured for years to come. Model Policy WHEREAS, the American Legislative Exchange […]

Resolution Urging Congress to Permanently Extend the 2001 and 2003 Tax Cuts

Resolution Urging Congress to Permanently Extend the 2001 and 2003 Tax Cuts Summary: This resolution encourages Congress to permanently extend the Tax Cuts of 2001 and 2003. [Economic Growth and Tax Relief Reconciliation Act of 2001 and Jobs and Growth Tax Relief Reconciliation Act of 2003.] Allowing these tax cuts to expire will undoubtedly slow the growth of the U.S. economy, and further harm America’s ability to compete in the global marketplace. Resolution: WHEREAS, the tax cuts of 2001 and 2003 have spurred economic growth and allowed the spirit of entrepreneurship to flourish, while creating new jobs and opportunities for […]

Resolution Urging Congress to Reject “Windfall Profits” Taxes on Energy Companies

Resolution Urging Congress to Reject “Windfall Profits” Taxes on Energy Companies Summary The United States cannot afford to impose additional taxes on companies that are responsible for producing energy to American consumers.  This resolution encourages Congress to abstain from passing any legislation which would impose “windfall profits” taxes or other discriminatory taxes on energy companies. Resolution WHEREAS, any additional tax on energy companies will hurt energy exploration and will do nothing but increase the price of gasoline for American consumers. WHEREAS, our experiment with a windfall profits tax on oil companies in the 1980s proved to be economically devastating.  Furthermore, […]

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

Resolution Urging Congress to Reject Authorization of the Streamlined Sales Tax Project (SSTP) Summary A number of states have enacted authorizing legislation to join the Streamlined Sales Tax Project (SSTP). SSTP is an effort to streamline the sales and use tax base and rate among the states, with a goal to lessening the sales and use tax collection burden of businesses. In addition to streamlining sales and use taxes, SSTP seeks to lobby Congress to overturn the Quill decision, which held that the Commerce Clause of the U.S. Constitution forbids states from forcing out-of-state sellers to collect sales and use […]

Resolution Urging Quick Congressional Action on the Recommendations of The Blue Ribbon Commission on America’s Nuclear Future

Whereas, nuclear utility ratepayers throughout the United States have contributed more than $30 billion in fees and interest, as required under the Nuclear Waste Policy Act (NWPA) of 1982, for the sole purpose of removing used nuclear fuel from commercial reactor sites and defense-related high-level radioactive waste from Department of Defense facilities, and Whereas, the federal government failed to satisfy the statutory requirements of the NWPA to begin accepting used fuel for disposal starting in 1998 and, indeed, has continued to fail to meet the terms of its contracts with U.S. nuclear plant operators, and Whereas, the 104 operating U.S. […]

Resolution Urging the European Union to Remove Its Ban on the Sale of Smokeless Tobacco

Resolution Urging the European Union to Remove Its Ban on the Sale of Smokeless Tobacco Summary The European Union’s (EU’s) current ban on the sale of snus is in direct violation of one of its own governing principles – that of promoting the free movement of goods within the EU.  Further, the European Commission concedes that cigarettes, whose sale is not banned, have far greater health consequences than snus. Therefore ALEC urges the European Commission to conduct the agreed-upon review of the issue and to lift the ban on the sale of snus in the EU. Model Resolution Whereas, the […]

Resolution Urging the Obama Administration to Launch Negotiations for a Free Trade Agreement with Taiwan

Resolution Urging the Obama Administration to Launch Negotiations for a Free Trade Agreement with Taiwan Summary Basing support on ALEC’s guiding principle to advance free markets, this resolution urges the President of the United States to launch negotiations with Taiwan on the establishment of a US-Taiwan Free Trade Agreement. Mention is also made of the current close economic and strategic partnership between our two democracies. Model Resolution Whereas, the American Legislative Exchange Council (ALEC) policy on free trade acknowledges that, “the imposition of artificial barriers to free and open trade…are deterrents to American economic interests;” and Whereas, a longstanding, close […]

Resolution Urging the President and Congress to Act Expeditiously in Procuring a Site or Sites for the Storage of High-Level Radioactive Waste

Summary ALEC’s model Resolution Urges the President and Congress to act expeditiously in procuring a site or sites for the storage of high-level radioactive waste. Model Resolution WHEREAS, decades into the commercial use of nuclear power the federal government has failed to establish a permanent high-level radioactive waste disposal facility; and WHEREAS, nuclear power facilities must store high-level nuclear waste on-site; and WHEREAS, currently 25 nuclear facilities in the United States will be forced to expand on-site storage capacity by 1996; and WHEREAS, Congress enacted the Nuclear Waste Policy Act of 1982 and directed the Department of Energy (DOE), through […]

Resolution Urging the Presidential Administration to Sign Bilateral Investment Agreement with Taiwan

Resolution Urging the Presidential Administration to Sign Bilateral Investment Agreement with Taiwan Model Policy Summary The U.S.-Taiwan relationship has been characterized by increasing economic investment and democratic liberties. Together, the United States and Taiwan have effectively joined forces to increase both the level of cooperation and trust between the two countries. While Taiwan maintains normal trade relations status with the United States and ready access to U.S. markets, further opportunities for economic growth and development exist. As such, this resolution, in keeping with the American Legislative Exchange Council’s (ALEC’s) principle of expanding free markets, calls for the formation of a […]

Restrictions on Participation in Low-Carbon Fuel Standards Programs

Summary This legislation prohibits the State from participating in any low-carbon fuel standard or similar program requiring quotas, caps, or mandates on fuels used for transportation, industrial purposes, or home heating without prior legislative approval.  Be it Enacted by the Legislature of {insert state}: I. The State of {insert state} shall not join, implement, or participate in any state, regional, or national low-carbon fuel standards (LCFS) program or any similar program that requires quotas, caps, or mandates on any fuels used for transportation, industrial purposes, or home heating without seeking and receiving prior legislative approval. II. The {Department of Environmental […]

Retirement System Board of Trustees and Employees Prudent Investor Act

Retirement System Board of Trustees and Employees Prudent Investor Act Summary This Act promotes security, stability, and accountability in state retirement systems. A trustee or director of a state retirement system must comply with a series of prudent investor guidelines. These guidelines include risk and return objectives, diversification, loyalty, investment costs, compliance, and delegation of management functions. This Act shall be known and may be cited as the “{insert state} Retirement System Board of Trustees and Retirement System Employees Prudent Investor Act.” Model Policy Section 1. {Prudent Investor Rule} (A) Except as otherwise provided in subsection B of this section, […]

Right to Farm Act

Summary An Act to define certain farm uses, operations, practices, and products; to provide certain disclosures; to provide for circumstances under which a farm shall not be found to be a public or private nuisance; to provide for certain powers and duties for certain state agencies and departments; and to provide for certain remedies for certain persons. Model Legislation Section 1. {Title} This act shall be known as the Right to Farm Act Section 2. {Definition} A. “Farm” means the land, plants, animals, buildings, structures, ponds used for agricultural purposes, machinery, equipment, and other items or mechanisms used in the commercial […]

Right to Work Act

Right to Work Act Summary ALEC’s model Right to Work Act provides that no employee need join or pay dues to a union, or refrain from joining a union, as a condition of employment. The Act establishes penalties and remedies for violations of the Act’s provisions. Model Policy {Title, enacting clause, etc.} Section 1. { Title.} This Act may be cited as the Right to Work Act. Section 2. {Declaration of public policy.} It is hereby declared to be the public policy of the State of (state), in order to maximize individual freedom of choice in the pursuit of employment […]

Rural Hospital Deregulation Act

Rural Hospital Deregulation Act Summary The purpose of this Act is to review and waive state regulations and restricted reimbursement policies that pertain to rural hospitals. Burdensome restrictions and staffing requirements are major factors contributing to the closure of rural hospitals. Rural hospitals simply cannot comply with state regulations that are designed for large urban hospitals. Model Legislation Section 1. Title. This Act may be cited as the “Rural Hospital Deregulation Act.” Section 2. Findings. The legislature finds that excessive regulation has had an adverse impact on the stability of rural hospitals. It is therefore the intent of the legislature […]

Sales and Use Tax Collection Protection Act

Sales and Use Tax Collection Protection Act Summary Current law mandates that a business has to have physical presence or nexus in a state before that business is compelled to collect and remit sales and use taxes on consumer purchases. Out of state tax collectors, however, have become consistently more aggressive in demanding sales and use taxes from business that may not have any physical connection with those states. {insert state}’s Sales and Use Tax Collection Protection Act is legislation that gives in-state retailers an important new tool to protect themselves from unfair and costly litigation in an out of […]

SCHIP Anti-Crowd-Out Act

SCHIP Anti-Crowd-Out Act Model Policy Section 1. Short Title.  This Act shall be known as the “SCHIP Anti-Crowd-Out Act.” Section 2. Requirement Regarding Employer-Sponsored Coverage. (A)  Subject to this Section, no payment may be made under the State Children’s Health Insurance Program (SCHIP) with respect to an individual who is eligible for coverage under a group health plan or health insurance coverage offered through an employer, either as an individual or as part of family coverage. Section 3. Option to Offer Premium Assistance for High-Cost Plans. (A)  In the case of an individual who is otherwise eligible for coverage under […]

School Choice Directory Act

School Choice Directory Act Summary This legislation requires the state department of education to produce a catalogue of educational options available in the state.  The catalogue will provide a brief description of all educational choices for students in K-12 as they apply to the state, including (as applicable) open enrollment, charter schools, vouchers, education savings accounts, homeschooling, and tax credit scholarships. Model Policy {Title, enacting clause, etc.} Section 1. {Definitions} In this chapter, unless the context otherwise requires: (A) Department” means the department of education. (B) “Parent” means a resident of this state who is the parent or legal guardian […]

School Collective Bargaining Agreement Sunshine Act

School Collective Bargaining Agreement Sunshine Act Summary For the purpose of transparency, this legislation requires school district boards of education to provide copies of all collective bargaining agreements entered into by such boards to the state board of education and to the largest public library in the school district. Each school board is required to post copies of all current collective bargaining agreements on its website, if the district has a website. Available for public inspection, the state board of education shall create a repository for all current collective bargaining agreements and post all current collective bargaining agreements on the […]

Sexual Offenses Against Children Act

Sexual Offenses Against Children Act Summary This Act increases penalties for sexual offenses committed against children, and provides for mandatory sentences for certain of these offenses. Further, the Act strengthens the reporting requirements for adjudicated sexual offenders. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act shall be known as the [            ] Act. Section 2. {Definitions} (A) As used in this Act the term ‘sexual offense against a victim who is a minor’ includes every offense (other than an offense involving sexual conduct where the victim was at least 13 years old and the offender was not […]

Short-term Credit Services Act

Summary This Act establishes a system of regulations for those persons involved in the business of providing short-term credit services.  Model Policy {Title, enacting clause, etc.} Section 1.  {Short Title} This chapter shall be known and may be cited as the “Short-term Credit Services Act.” Section 2. {Definitions} As used in this chapter, unless the context otherwise requires: (A) “Check” means any check, draft, order, card, or other instrument for the payment of money. The term also includes any electronic equivalent of the preceding including stored value cards, internet transfers, and automated clearing house transactions. (B)  “Customer” means a person […]

Six Principles for Communications and Technology

Six Principles for Communications and Technology Summary The goal of this statement of principles is to provide policymakers with general guidance consistent with ALEC principles. The statement affirms ALEC’s mission to advance the principles of free markets in policy regarding communications and technology in the 21st century. This statement also recognizes the tremendous, rapid change underway in communications and technology, and underscores the importance of competition in retail services to protect consumers. WHEREAS, it is the mission of the American Legislative Exchange Council (ALEC) to advance the principles of free markets, limited government, and federalism, and; WHEREAS, it is the […]

Small Business Health Care Act

Small Business Health Care Act Model Policy Section 1.  The legislature finds that the rising cost of comprehensive group health coverage is exceeding the affordability of many small businesses and their employees.  The legislature further finds that the policy of mandating health care benefits has had an adverse impact on the cost of such overage.  It is therefore the intent of the legislature to reduce costs by authorizing the development of basic hospital and medical coverage for small groups.  Section 2.  (A) A basic group disability insurance policy may be offered to employers of fewer than one hundred employees.  Such […]

Spending Evaluation Act

Spending Evaluation Act  Summary Proposing a constitutional amendment requiring a rigorous evaluation of current and proposed state programs, agencies and mandates. Model Legislation BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF {insert state}: Section 1. Article xx, {insert state} Constitution, is amended by adding Section xx to read as follows: Section xx. {Evaluations of Proposed and Existing Government Programs, Agencies, and Mandates Required.} (A) All acts at the legislature that create a new program, agency, or mandate requiring the expenditure of public funds shall sunset five years after authorization unless the Act has been evaluated as prescribed herein […]

State Agency Lobbying Reform Act

State Agency Lobbying Reform Act Model Policy Short Title This Act may be cited as the State Agency Lobbying Reform Act Section 1. The Legislature finds that citizens are opposed to state agencies using public funds to influence the Legislature to protect themselves and their employees from meaningful reforms. Lobbying by state agencies is often conducted to increase the size, scope and cost of the state agencies, or to prevent budget cuts. Citizens should not be forced to fund the same lobbyists they may have to compete with at public hearings where state agency reductions and reforms are proposed. Therefore, […]

State and Local Government Labor Productivity Data Collection Act

State and Local Government Labor Productivity Data Collection Act Summary Labor productivity is tracked for almost every sector of the workforce except state and local government workers. The Bureau of Labor Statistics (BLS) stopped tracking data on the labor productivity of state and local government workers in 1994, even though they continue to track the labor productivity of federal government as well as private sector workers. State policymakers need access to sound data on the labor productivity of state and local government workers in order to make informed policy decisions about taxing and spending. The State and Local Government Labor […]

State Council on Competitive Government Act

State Council on Competitive Government Act Summary Across the country there is a growing interest in making government more efficient, cost-effective, and competitive. This model legislation creates a {insert state} Council which represents key members of {insert state} leadership, with the statutory empowerment to take projects from concept to contract. The Council advances projects that reexamine the method of delivering services in ways that improve efficiency, effectiveness, and results that are relevant to citizens. Model Policy {Title, enacting clause, etc.} Section 1. {Definitions.} In this chapter: (1)  “Council” means the State Council on Competitive Government. (2)  “Local government” means a county, municipality, special district, […]

State Data Access Act

 AN ACT to ensure that study findings generated wholly or partially with funding from a State agency by a non-governmental entity and relied on by a State agency in proposing or promulgating a rule, regulation, guideline, or policy can be subjected to scrutiny for purposes of validation, correction, or rejection by making available to the public the study and the data underlying the study findings. Be it enacted by ____________________________ of the ______________________. Sec. 1.  Short Title. This Act may be cited as the “Data Access Act.” Sec. 2.  Purposes. The purposes of this Act are to – (a) Ensure […]

State Data Quality Act

AN ACT to ensure and maximize the quality, objectivity, utility, and integrity of information disseminated by state agencies to the public, and to the federal government in support of federal programs, and to provide the public with administrative mechanisms for requesting that such information be corrected or improved.  Be it enacted by ____________________________ of the ______________________.  SEC. 1.  SHORT TITLE. This Act may be cited as the “Data Quality Act “.  SEC. 2.  PURPOSES. The purposes of this Act are to – (a) require that agencies of this State which disseminate information to the public that is likely to influence […]

State Employee Health Savings Account Act

State Employee Health Savings Account Act Summary This legislation requires the state to offer state employees a health benefit plan that utilizes Health Savings Accounts (HSAs) paired with high-deductible health plans.  The legislation further requires that the employer cost of the HSA-compatible health plan not exceed the average per person employer cost of traditional insurance plans the state is currently offering. Health Savings Accounts, paired with high-deductible health plans, can create a win-win situation for taxpayers and public employees.  The plans provide state employees more savings, choice, and control over their healthcare needs and expenses, while offering an opportunity for […]

State Grant Transparency and Accountability Act

State Grant Transparency and Accountability Act   Summary The collection and reporting on the use of public grants is an important tool for properly stewarding tax dollars.  The purpose of this Act is to improve transparency and accountability in the state grant making process by creating a publically accessible web portal containing categorized expenditure information detailing the use of a state grant.  The bill would set compliance requirements for grant recipients and provide probation and suspension remedies for noncompliance. Model Policy   Section 1. {Purpose}   The State Department charged with overseeing State grants, within 12 months after the effective […]

State Implementation of Clean Water Act (TMDL) Requirements (Amended)

 Summary This Act sets forth criteria and procedures for states to implement the mandate of the Clean Water Act to develop total maximum daily loads for impaired waters within the State’s boundaries. The Act clarifies how states will implement the requirements of the Clean Water Act and EPA’s implementing regulations. Model Legislation Section 1. {Title} This Act may be referred to as the Total Maximum Daily Load Implementation Act. Section 2. {Purpose and Intent} It is the purpose of this legislation to establish procedures and criteria for complying with the mandates of Section 303(d) of the Clean Water Act, 33 […]

State Implementation Plan Requirements for Ozone and Particulate Matter Attainment

 A Bill IN THE [HOUSE/ SENATE] OF [STATE] An Act requiring public hearings and legislative review of certain proposed state actions related to State Implementation Plans required to be submitted to the U.S. Environmental Protection Agency for attainment or maintenance of the National Ambient Air Quality Standards for ozone or particulate matter.  Requiring prior legislative approval of and prohibiting the submission of State Implementation Plans under certain circumstances. Requiring an economic and environmental analysis of any state proposal to exceed the requirements of U.S. EPA’s Clean Air Interstate Rule, 70 FR 25162, May 12, 2005, or other applicable Federal environmental […]

State Internet Tax Freedom Act

State Internet Tax Freedom Act Summary The borderless nature of the 21st century economy makes the preemption of certain taxes necessary for a growing economy and sound business environment.  The borderless nature also makes Federal legislation the more appropriate vehicle to accomplish the pre-emption. Accordingly the current Federal Internet Tax Freedom Act should continue. This model bill is needed because it forbids either a state or local tax on Internet access, or discriminatory taxes on electronic commerce, in those cases where the Federal Internet Tax Freedom Act may not apply. Model Policy {Title, enacting clause, etc.} Section 1. {Short Title.} […]

State Legislature United Compact

State Legislature United Compact ARTICLE I FINDINGS AND DECLARATION OF POLICY Whereas every State adopting and agreeing to be bound by this Compact finds that the coordinated, regular and institutional exercise of their sovereign power under their respective constitutions and the U.S. Constitution is an essential component of the governing partnership between the state and federal governments. Whereas every State adopting and agreeing to be bound by this Compact agrees to attend and participate in regular and special meetings through legislatively-appointed delegates to draft, discuss, propose, debate and/or adopt model legislation proposing to exercise and/or regularize the exercise of their […]

State Medical Licensing Board Act

State Medical Licensing Board Act Summary The purpose of this Act is to give an authorized state Health Professional Licensing Board clear statutory authority to meaningfully sanction those guilty of consistent malpractice because of inadequate training, negligence, or practicing while mentally impaired because of alcohol or substance abuse.  The bill seeks to create objective boards by nominating lay people to serve with physicians. Model Legislation Section 1. Title. This Act shall be known and may be cited as the “State Medical Licensing Board Act.” Section 2. Purpose. The purpose of this Act is to reform the membership and regulations of […]

State Payment for State Mandates Act

State Payment for State Mandates Act Summary State governments often disregard the fiscal consequences on local governments of actions taken in requiring the state’s counties and municipalities to provide certain public services. This Act requires the state government to provide full funding for any net additional costs to counties or municipalities that are incurred by those jurisdictions in complying with the required performance of a new or expanded program or service under the provisions of any state law, rule, regulation, or order. Model Legislation {Title, enacting clause, etc.} Section 1. {Legislative Findings.} The legislature finds and declares that: (A) Actions […]

State Pesticide Preemption Act

Summary ALEC’s model State Pesticide Preemption Act is designed to ensure the safety of America’s food supply through the preemption of city, town, county, etc. pesticide ordinances. Model Legislation Section 1. {Short Title.} This Act shall be known and may be cited as the State Pesticide Preemption Act. Section 2. {Legislative findings and declarations.} The legislature finds and declares that: (A) The citizens of this state benefit from a system of safe, effective and scientifically sound pesticide regulation. (B) A system of pesticide regulation which is consistent, coordinated, and comports with both Federal and state technical expertise, is essential to […]

State Power to Regulate Lending Act

State Power to Regulate Lending Act Summary The State Power to Regulate Lending Act preempts local ordinances enacted by a political subdivision of this state that govern the originating, granting, servicing or collecting of loans. It prohibits political subdivisions from enacting lending ordinances or rules that would disqualify persons from doing business with a city, county or other political subdivision based on restrictions on lending practices. Model Policy Section 1. {Short Title.} This act shall be known as the State Power to Regulate Lending Act. Section 2. {Legislative Declarations.} This General Assembly finds and declares: (A) All citizens are entitled […]

State Regulatory Responsibility Act

State Regulatory Responsibility Act Summary Quite often federal agencies under the guise of “policy” or “guidance” and without any specific statutory authority or regulation, attempt to impose on the various states requirements which are inconsistent with state law and beyond the powers vested in the federal government. Federal agencies have also attempted to preempt state law without justification and state consent, and they have attempted to compel state implementation of federal mandates (both statutory and otherwise) without sufficient funding and/or clear state acceptance. The State Regulatory Responsibility Act is needed because these intrusions by federal agencies on the states’ implementation […]

State Science Advisory Board Act

Preamble Increasingly state legislators are confronted with scientific reports—particularly in the human health and environmental policy areas—which purport to offer evidence in support of, or in opposition to, pending legislation.  For many legislators, it is relatively easy to impact the legislative process with such reports, and it is difficult to analyze scientific evidence critically. Legislators need the tools to interpret scientific reports effectively and responsibly. Section 1. Purpose: The purpose of the Board is to render scientific assessment, risk-based analysis, and consensus advice upon questions of science posed by the Governor or a Legislative Committee having jurisdiction over science matters. […]

State Sovereignty for Air Quality and Visibility Act

 Section 1. {Statement of Purpose} As part of the State of {state}’s ongoing development and implementation of a long-term strategy in connection with visibility and air quality related values within class I areas, the Department________ shall evaluate the extent to which the activities of the federal government are directly adversely impacting visibility and air quality related values within class I areas and make a determination whether such entities have taken or are taking all reasonable steps necessary to remedy that impact.  At any time, the Department________ may make, and a federal land manager shall respond to, reasonable requests for information […]

State Sovereignty through Local Coordination Act

Legislation  Be it enacted by the Legislature of the State of {insert state}: Section 1. Title __, chapter ___, article ___, ________ Revised Statutes, is amended by adding section ________, to read: Federal Regulations; Local Coordination for Cities, Towns, Counties, and Special Districts (A) Definitions. (1) “Coordinate” means the action necessary to achieve coordination. (2) “Coordination” means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a city, town, county, or special district law, regulation, plan or policy that is less restrictive […]

State Standards for Federal Resource Management Act

Summary This act creates state standards regarding natural resources and public lands policy to facilitate cohesiveness of state policy and coordination with federal agencies regarding federal resource management. This bill works in conjunction with the “Public Lands Policy Coordination Act.” Bill Information This bill was introduced in Wyoming’s 2005 legislative session as HB 11. Similar language is contained in the UtahState code subsections 63-38d-401 (6) and (7). Model Legislation                                      Be it enacted by the state of ___________________. Section 1. {Short Title} This […]

State Withdrawal from Regional Climate Initiatives

WHEREAS, there has been no credible economic analysis of the costs associated with carbon reduction mandates and the consequential effect of the increasing costs of doing business in the State of ______;  WHEREAS, forcing business, industry, and food producers to reduce carbon emissions through government mandates and cap-and-trade policies under consideration for the regional climate initiative will increase the cost of doing business, push companies to do business with other states or nations, and increase consumer costs for electricity, fuel, and food; WHEREAS, the Congressional Budget Office warns that the cost of cap-and-trade policies will be borne by consumers and […]

State-Based Healthy Forest Plan

 Purpose:  The purpose of this act is to create healthier forests and reduce the risk of catastrophic forest fires for communities by: creating a state urban-wildland fire safety committees; authorizing municipalities and counties to using zoning based on wildfire risks; create an office of the state forester to improve forest management; and create healthy forest pilot projects. Be It Enacted by the State of ­___________:  Section 1: State Urban-Wildland Fire Safety Committee (A) The state urban-wildland fire safety committee is established consisting of twelve members appointed for three year terms as follows: (1)      Four members who are appointed by the […]

Statement of Principles for Cybersecurity

 Statement of Principles for Cybersecurity WHEREAS, it is the mission of the American Legislative Exchange Council (ALEC) to advance the principles of free markets, limited government and federalism; and WHEREAS, effective cybersecurity is essential for the proper function of government and continued growth of the economy in cyberspace; and WHEREAS, cyber challenges could pose an existential threat to the US economy, our national security apparatus and public health and safety; THEREFORE, LET IT BE RESOLVED, that ALEC supports the following principles in formulating effective government policy regarding cybersecurity: 1. Effective cybersecurity measures reflect the global, borderless, and interconnected nature of […]

Statement of Principles for Electronic Communications Privacy Act Reform

Statement of Principles for Electronic Communications Privacy Act Reform WHEREAS, it is the mission of the American Legislative Exchange Council (ALEC) to advance the principles of free markets, limited government, and federalism, and; WHEREAS, it is the mission of ALEC’s Task Force for Communications and Technology to advance these principles in order to promote economic growth, freedom of technology, and innovation through public policy, and; WHEREAS, the federal Electronic Communications Privacy Act (ECPA) is the primary federal law that specifies standards for law enforcement access to electronic communications and associated data, affording important privacy protections to subscribers of emerging wireless […]

Statement of Principles for Model State Laws to Encourage Philanthropic Creation and Operation

Statement of Principles for Model State Laws to Encourage Philanthropic Creation and Operation Philanthropy exemplifies the American ideal of private action in the public interest, demonstrating our faith in the capacity of individual citizens not only to create wealth, but also – voluntarily – to care for their country, their communities and their fellow citizens without undue reliance on government. Philanthropy shows our commitment to the wellbeing of our neighbors, strangers in need, the well being of the environment, and of our society.  It rests upon the premise that both recipients and donors have the capacity for self-government and wise […]

Statement of Principles for Telecommunications Tax Reform

Statement of Principles for Telecommunications Tax Reform 1.  Taxes should be economically neutral and equitable. A tax is economically neutral, or efficient, if it does not induce taxpayers to change their behavior in response to the tax.  In other words, a taxpayer would make the same decision regardless of the tax.  A tax narrowly applied to one particular segment of industry would not be neutral if it could induce taxpayers to shift their spending or investment away from the taxed goods or services to other competing untaxed goods or services. A tax is equitable if the burden if distributed fairly, […]

Statement of Principles on Health IT

Statement of Principles on Health IT 1. Health information technology (IT) is rapidly evolving and advancing toward its goal of improving quality of care, enhancing efficiency, and reducing costs. 2. To be effective, health IT systems must A.  be patient-centered and market driven; B.  be based on reasonable standards and sound policies developed with input from stakeholders including consumers, government, clinicians, hospitals, health plans, vendors, manufacturers, and others; C.  protect the privacy and security of all patient-identifiable health information; D.  promote interoperability; and E.  ensure the accuracy, completeness and uniformity of data. 3. Widespread adoption of health information technology—critical to […]

Statement of Principles on Local Option Taxes

Statement of Principles on Local Option Taxes A growing trend in tax legislation has been the introduction of measures that authorize local governments to levy taxes on goods and services that heretofore have been the sole jurisdiction of state governments. Those measures are typically requested and supported by local government officials and outside advocacy groups who want to increase funding for a variety of programs. The vast majority of state constitutions (and/or statutes) reserve the right to assess excise taxes, for example, to the state legislatures. Many states also require state-wide uniformity in the application of sales and property taxes, […]

Statement of Principles on Philanthropic Freedom

Statement of Principles on Philanthropic Freedom Philanthropy exemplifies the American ideal of private action in the public interest, demonstrating our faith in the capacity of individual citizens not only to create wealth, but also—voluntarily—to care for their country, their communities, and their fellow citizens without undue reliance on government. Philanthropy rests upon the premise that both recipients and donors have the capacity for self-government and wise choices. This vital and diverse element of civil society should be honored as one of America’s finest achievements and as evidence of people’s capacity for individual initiative and self-governance. Legislatures should not pass legislation […]

Statement of Principles on States’ Dependence on Federal Funds

Statement of Principles on States’ Dependence on Federal Funds Summary This statement of principles highlights the common practice of relying on federal funds to bolster a state’s general revenue for programs, and encourages legislators to evaluate the risk of an unexpected decrease in federal funding and agencies to prepare contingency plans to continue operations. Statement of Principles States must come to grips with the possibility that federal funding assumed by the state’s budget may decrease or be eliminated as federal budget priorities and tax revenues change.  Without careful planning, states that rely too heavily on federal funds may become unable […]

Statewide Online Education Act

Statewide Online Education Act Summary This legislation creates a statewide program that provides high school students with access to online learning options regardless of where the student lives. The options are designed to be high quality and allow for maximized learning potential by focusing on student mastery of subjects at their own pace and own time, instead of the traditional seat-time learning requirements. Model Policy Section 1. {Title} The Statewide Online Education Act Section 2. {Program Name} Statewide Online Education Program Section 3. Statewide Online Education Program Purposes (1) The Statewide Online Education Program is created to enable eligible students […]

Student Achievement Backpack Act

Student Achievement Backpack Act Summary This bill provides access by a student’s parent or guardian or an authorized local education agency (LEA) user to the learning profile of a student from kindergarten through grade 12 in an electronic format known as a Student Achievement Backpack. Model Policy Section 1. {Title} (A) This Act shall be known as the “Student Achievement Backpack Act”  Section 2. {Definitions} (A) As used in this act: (1) “Authorized LEA user” means a teacher or other person who is: (a) employed by an LEA that provides instruction to a student; and (b) authorized to access data […]

Student Data Accessibility, Transparency, and Accountability Act

Student Data Accessibility, Transparency, and Accountability Act Summary The Student Data Accessibility, Transparency, and Accountability Act would require the [State Board of Education/State Department of Education] to make publicly available an inventory and index of all data elements with definitions of individual student data fields currently in the statewide longitudinal data system. The [State Board of Education/State Department of Education] would be required to create a data security plan, ensuring compliance with federal and state data privacy laws and policies. Certain contracts would be required to include privacy and security provisions. A Chief Privacy Officer will be created within the […]

Student Futures Program Act

Student Futures Program Act Summary This act creates a career planning program. Model Policy Section 1. Title. This Act shall be known as the “Student Futures Program” Section 2. Definitions. (A) “Education provider” means: (1) {insert state} institution of higher education as defined in {insert applicable state law}; or (2) {insert state} provider of post secondary education. (B) “Student user” means: (1) {insert state} student in kindergarten through grade 12; (2) {insert state} post-secondary education student; (3) a parent or guardian of a {insert state} public education student; or (4) {insert state} potential post-secondary education student. (C) “Other user” means: […]

Student Protection Act

Student Protection Act Summary Legislation has been introduced in a number of states to require all final candidate for employment with a school district to consent to fingerprinting and/or criminal background investigations.  In 1984, Congress passed a law providing states a total of $25 million to institute such enhanced protective measures against child abuse in day-care centers.  Over a dozen states took this opportunity to enact background check legislation to screen school personnel and day-care workers. A recent report by Richard P. Kusserow, Inspector General for the U.S. Department of Health and Human Services, indicated that states should consider establishing […]

Substantive Transparency in Education Act

Substantive Transparency in Education Act Summary The Substantive Transparency in Education Act requires each public school to make available to parents all current textbooks, curricula, instructional materials, and instructional programs for inspection by any parent or guardian of a child enrolled in that school. Model Legislation Section 1.{Definitions.} For the purposes of this Act: (A) “Department” means the Department of Education. (B) “Product” means an original, updated, or revised textbook, curriculum, instructional material, or instructional program. Section 2. A school of this State shall keep during regular business hours a set of products available in print for inspection for any […]

Super-Majority Act

Super-Majority Act  Summary Super-majority requirements are based on the premise that tax increases fuel excessive government spending. Therefore, to more effectively control the budgetary process, the ability to raise taxes or enact new taxes should be made as politically difficult as possible, require broad consensus, and be held to a high standard of accountability. This Act calls for a constitutional provision requiring all tax and license fee impositions and increases to be approved by two-thirds of all members of each House. It provides for an exemption if there are insufficient revenues to pay interest on the state’s debt. Model Policy […]

Swift and Certain Sanctions Act

Swift and Certain Sanctions Act Summary For states to deliver swift, certain and proportionate responses to violations of probation and parole, they need an array of institutional and community-based sanctions as well as the authority to assign—and reassign—offenders to those sanctions. This Act requires community corrections agencies to adopt a set of graduated sanctions and rewards to respond to violations and compliance with the conditions of supervision. This Act also establishes authority for agencies to impose graduated sanctions and rewards through an administrative process. Model Policy Section 1. {Definitions.} In this title: (A) “Agency” means: (1) The Department of Corrections […]

Tax Amnesty Act

Providing for a Tax Amnesty Program Summary This Act provides for a tax amnesty program, which can be used by a city, county, municipality, or state to ensure that such tax amnesty program is implemented and administered in order to maximize both efficiency and revenues for the government entity authorizing the program. Model Policy Section 1. {Short Title} This Act shall be known and may be cited as “The 20XX Tax Amnesty Act.” Section 2. {Definition} For the purposes of this act the following term shall have the following definition ascribed to it: (A) “Contingency fee” is defined as any […]

Tax and Expenditure Limitation Act

Tax and Expenditure Limitation Act Summary The Tax and Expenditure Limitation Act recognizes the important tradeoff between constraints on the growth of state and local government, and the provision of adequate reserves to meet emergencies and to stabilize budgets over the business cycle. The Act is a constitutional provision designed to accomplish these objectives. The Act links a tax and spending limit to an emergency reserve fund and a budget stabilization fund. The Act also provides for temporary reductions in tax rates and/or tax rebates when surplus revenue accumulates above the tax and spending limit, and the cap on the […]

Tax Expenditure Transparency Act

Tax Expenditure Transparency Act Summary The legislature finds that the state’s tax code includes tax expenditures enacted to achieve a variety of policy goals for the public interest. The ultimate goal should be for the state’s tax system to reflect sound principles of taxation. In order to make policy choices going forward regarding the best use of limited state resources, the legislature concludes that it is necessary to articulate the legislative intent and have measurable performance goals for each tax expenditure created. Model Policy Short Title. This Act shall be known and may be cited as the “Tax Expenditure Transparency […]

Tax Indexing Act

Tax Indexing Act Summary Forty-four states impose broad-based income taxes. The income tax rates are progressive in all but six of these states. As incomes rise to keep pace with inflation, the progressive income tax structure automatically extracts higher percentages of that income for state budget coffers. Indexing income taxes automatically adjusts tax brackets each year to keep pace with inflation. This Act requires that income tax brackets, personal exemptions, and standard deductions be reset each year to reflect changes in the Consumer Price Index (either metropolitan or national). Model Legislation {Title, enacting clause, etc.} Section 1. This Act may be […]

Taxation Disclosure Act

Taxation Disclosure Act Section 1. {Intent Section} The intent of the legislature is to make citizen access to state and local tax rates as open transparent, and publicly accessible as is feasible. Increasing the ease of public access to state and local tax rates, particularly where the rates are currently available from disparate internal government sources but are difficult for the public to collect and efficiently aggregate, significantly contributes to governmental accountability, public participation, and the understanding of the cost of government services. Therefore, the legislature directs the state budget office to create and maintain a searchable database of each […]

Taxpayer Privatization Dividend Act

Taxpayer Privatization Dividend Act Summary This bill establishes a commission on privatization to promote methods of providing a portion or all of formerly government-provided and government produced programs or services through the private sector. Such methods may include awarding ownership and control of a public service to the private sector, awarding rights for provision of public service to the private sector while retaining public responsibility, or eliminating regulations. It also creates a taxpayers dividend fund into which a certain amount of saving derived as a result of privatization is deposited. (An example of this bill is Mississippi SB #2495, 1993.) Model Policy […]

Taxpayer Protection Act

 Taxpayer Protection Act Summary This act prohibits the Revenue department of a state from basing any employee’s compensation, promotion or evaluation on collections or assessments. The act further prohibits the department from entering into any contract with an outside collection service which bases the vendors compensation on revenue collected. Model Legislation {Title, enacting clause, etc.} Section 1. {Title.} This Act shall be known and may be cited as The Taxpayer Protection Act Section 2. {Statement of purpose} It is the intent of the legislature to prohibit the [cite appropriate revenue agency] from compensating, promoting, evaluating or otherwise reward and employee […]

Taxpayer Right to Appeal Act

Taxpayer Right to Appeal Act Summary Taxpayers are often required to pay any tax assessment before they may exercise their right to dispute or appeal the assessment. This “pay-to-play” requirement places an undue burden on small businesses and taxpayers. Model Legislation {Title, enacting clause, etc.} Section 1. {Title.} This Act shall be known and may be cited as The Taxpayer Right to Appeal Act Section 2. {Statement of purpose} It is the intent of the legislature to allow taxpayers to dispute or appeal a tax without having to first pay the tax assessment. Taxpayers should not be required to pay a […]

Taxpayer Transparency Act

Taxpayer Transparency Act An Act Relating to Creating a Searchable Budget Database for State Spending Section 1. {Intent}  The Legislature finds that taxpayers should be able to easily access the details on how the state is spending their tax dollars and what performance results are achieved for those expenditures. It is the intent of the Legislature, therefore, to direct the [state budget office] to create and maintain a searchable budget database website detailing where, for what purpose and what results are achieved for all taxpayer investments in state government. Section 2. {Short Title} This Act shall be known and may […]

Taxpayers’ Savings Grants Act

Taxpayers’ Savings Grants Act Summary The Taxpayers’ Savings Grants Act establishes a program by which willing residents can opt to receive less public funding for their child’s education, in order to take that funding to a private school. The difference in the amount slated for that child and the amount of the Savings Grant will be considered taxpayer savings and not allotted to any other program. Model Policy Section 1. {Title.} Taxpayers’ Savings Grants Act Section 2. {Definitions.} (A) “Accredited private school” means a school that: (1) is accredited by an accrediting association recognized by the commissioner to accredit nongovernmental […]

Teacher Choice Compensation Act

Teacher Choice Compensation Act Summary This act creates a program where by teachers may be eligible for performance-based salary stipends if they opt out of their permanent contract and meet measurable student performance goals based on a value-added test instrument developed by the state department of education. Model Policy Section 1. {Short Title.} The Teacher Choice Compensation Act. Section 2. {Legislative Purpose.} There is hereby created the “Teacher Choice Compensation Package” to permit performance-based salary stipends upon the decision of the teacher to opt out of their permanent contract, to reward teachers for objectively demonstrating superior performance. Section 3. {Teacher […]

Teacher Quality and Recognition Demonstration Act

Teacher Quality and Recognition Demonstration Act Summary The need for quality teachers in improving student achievement is generally recognized as one of the most crucial elements of state reform efforts. A primary concern in the quality of the performance of teachers is the forecast for an increasing need for more teachers. This bill is directed towards creating a new structure of the current teaching system that will promote the retention and reward of good teachers and attract new talent to the profession. This bill establishes Teacher Quality Demonstration projects wherein local education agencies are exempt from education rules and regulations […]

Teacher Quality Assurance Act

Teacher Quality Assurance Act Summary This model policy prohibits a school district from utilizing a last-hired, first-fired layoff policy when reducing staff. Additionally, the model policy requires the Education Interim Committee, in consultation with the State Board of Education, to study how the performance of teachers may be evaluated for the purpose of awarding or eliminating teacher career employee status. Model Policy Section 1. Title. This model policy shall be known as the “Teacher Quality Employment Act” Section 2. Definitions. (A) As used in this chapter: (1) “Career employee” means an employee of a school district who has obtained a […]

Telecommunications Deregulation Policy Statement

Telecommunications Deregulation Policy Statement WHEREAS, it is the mission of ALEC to advance Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, in recent years, changes in telecommunications and information technology have revolutionized the way we live and work. With each new year, consumers are able to communicate and conduct business faster at lower cost and more productively, with virtually anyone in the world, and WHEREAS, until recently, federal and state governments, in the spirit of bipartisanship, have trended toward less regulation of wireline, wireless, cable and the Internet. Lifting price controls and easing barriers to […]

Temporary Help Unemployment Insurance Act

Temporary Help Unemployment Insurance Act Summary This Act requires, as a condition of unemployment benefit eligibility, that temporary employees contact their temporary help employer for new work upon completion of their temporary assignment. The Act also requires that temporary employees be informed of this requirement. Model Policy {Title, Enacting Clause, Etc.} Section 1. {Definitions} For the purposes of this section: For the purposes of this section: “Temporary help firm” means a firm that hires its own employees and assigns them to clients to support or supplement the client’s work force in work situations such as employee absences, temporary skill shortages, […]

Ten-Year Statute of Repose Act

 Summary Statutes of repose prohibit filing of claims beyond a specified period of time after the date of sale of a product or provision of a service. This model bill provides that a plaintiff must commence a cause of action within 10 years after the purchase date of the product alleged to have caused an injury during use or consumption; the date of the last professional action alleged to have caused the harm; or the date of substantial completion of the construction that is alleged to have caused the harm. Model Legislation Section 1. {Title} This Act shall be known […]

The 140 Credit Hour Act

The 140 Credit Hour Act Summary The 140 Credit Hour Act would impose a 25 percent tuition surcharge on students who take more than 140 credit hours to complete a baccalaureate degree in a four-year program at any state-supported college or university or more than 110 percent of the credit hours necessary to complete a baccalaureate degree in a five-year program. This act will also prohibit colleges and universities subject to this act from counting students in its full-time equivalent count for funding purposes after the student has reached the 140 credit hour limit in a four-year program or 110 […]

The A-Plus Literacy Act

The A-Plus Literacy Act Summary The A-Plus Literacy Act is inspired by a comprehensive set of K–12 reforms implemented by Florida lawmakers in 1999, and supplemented over the next decade. As a result of these reforms, Florida’s scores on the highly respected National Assessment of Educational Progress (NAEP) have soared for all major student subgroups. All 50 states began taking the NAEP exams in 2003, and since that point, Florida students have made the most gains. In 2009, Florida’s Hispanic students outscored or tied 31 statewide averages on 4th-grade reading, and their African-American students outscored or tied eight statewide averages. […]

The Animal and Ecological Terrorism Act (AETA)

  Summary This act creates penalties for persons encouraging, financing, assisting or engaged in {optional language insert “politically motivated”} acts of animal and ecological terrorism. Model Legislation Section 1. {Short Title} This act shall be known as The Animal Ecological Terrorism Act. Section 2. {Definitions} A. “Animal” means any warm-blooded or cold-blooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research, testing, education or wildlife. B. “Animal activities” means any activity involving the use of animals or animal parts to include hunting, fishing, trapping, traveling, camping, production, preparation or processing of food or food […]

The Autism Scholarship Program Act

The Autism Scholarship Program Act Summary The Autism Scholarship Program creates a scholarship program that provides students with autism the option to attend the public or private elementary or secondary school of their parents’ choice. Model Policy Section 1. {Title.}The Autism Scholarship Program Act1 Section 2. {Definitions.}2 (A) “Program” means the Autism Scholarship Program created in this subchapter. (B) “Eligible Student” means any elementary or secondary student in the state whose public school district has identified the child as having autism or autism spectrum disorder and who has an Individualized Education Plan in effect for the child, and the child […]

The Breach of Personal Information Notification Act

The Breach of Personal Information Notification Act Summary This Act will help ensure that the personal information of residents of this state is protected by providing procedures for notification of security breaches related to personal information and thereby encouraging individuals and commercial entities, as defined in the bill, to provide reasonable security for unencrypted personal information. Model Policy Section 1. {Definitions} As used in this Act: “Breach of the security of a system” means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity […]

The Civic Literacy Act

The Civic Literacy Act Summary Americans take personal pride in the diversity of their ethnic and cultural backgrounds. However, as a nation, we possess a singular political heritage based on the principles of life, liberty, justice, and equality of opportunity as defined and expressed in the Declaration of Independence, codified in the Constitution, and defended in the Federalist Papers. Thomas Jefferson, recognizing the future need to protect America’s political heritage, prescribed a general education for all citizens, “to instruct the mass of our citizens in these their rights, interests, and duties, as men and citizens.” However, today, and for too […]

The College Funding Accountability Act

The College Funding Accountability Act Summary The College Funding Accountability Act would require any college or university that accepts state funding to undergo an outside financial audit if a budget increase or tuition increase request is higher than the formula listed below. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the College Funding Accountability Act. Section 2. {Definitions} (A) “College or University” means any school of secondary education that receives financial support from the state. (B) “Cost of Living” means the Consumer Price Index (all items) for the United States of America, or […]

The College Opportunity Fund Act

The College Opportunity Fund Act Summary This bill will create a voucher program for students to use to attend the institution of higher education of their choice. Model Policy {Title, enacting clause, etc.} Section 1. {Title} The College Opportunity Fund Act Section 2. {Definitions} As used in this article, unless the context otherwise requires: (1) “Board of Regents” means the [State] Board of Regents [or state agency for higher education]. (2) “College Opportunity Fund” or “Fund” means the College Opportunity Fund Program created in Section 4. (3) “College Opportunity Fund Program” or “Program” means the College Opportunity Fund Program created […]

The Collegiate Learning Assessment Act

The Collegiate Learning Assessment Act Summary This model policy requires public colleges and universities to administer the Collegiate Learning Assessment (CLA) to all students during their freshman and senior years. The schools would also be required to publish the results, broken down by academic majors. The act focuses on transparency in student-learning outcomes as the first step toward raising public awareness about areas of academic strength and weakness in certain schools and majors. This would guide prospective students toward schools and majors shown to yield significant increases in learning. Model Policy Section 1. Title. This Act shall be known as […]

The Common Sense Scientific and Technical Evidence Act

Summary ALEC’s model Common Sense Scientific and Technical Evidence Act is designed to ensure that state courts follow the same guidelines in admitting expert opinions about scientific and technical matters as judges in the federal courts. These guidelines help assure that the evidence admitted is reliable and trustworthy. Specifically, the Act would ensure, by way of example, that a proffered scientific opinion was in fact developed in accordance with the scientific method. By ensuring that the federal and state standards are similar, the Act will prevent forum shopping and overburdening state courts with cases that involve so-called “junk science” that […]

The Common Sense Scientific and Technical Evidence Act

ALEC’s model Common Sense Scientific and Technical Evidence Act is designed to ensure that state courts follow the same guidelines in admitting expert opinions about scientific and technical matters as judges in the federal courts. These guidelines help assure that the evidence admitted is reliable and trustworthy. Specifically, the Act would ensure, by way of example, that a proffered scientific opinion was in fact developed in accordance with the scientific method. By ensuring that the federal and state standards are similar, the Act will prevent forum shopping and overburdening state courts with cases that involve so-called “junk science” that would not pass muster in the federal system. […]

The Devolution of State Highway Systems Study Act

The Devolution of State Highway Systems Study Act Summary Concerning a study of the options for devolution of state highways that are commuter highways to local governments. Model Policy {Title, enacting clause, etc.} Section 1. {Short Title.} This act may be cited as “The Devolution of State Highway Systems Study Act.” Section 2. {Devolution of commuter highways to counties and municipalities – required study.} (A) The Transportation [insert appropriate Commission or Department], using existing or easily obtainable data, shall conduct or direct the department of transportation to conduct a study of the state highway system for the purpose of determining […]

The Disclosure of Hydraulic Fracturing Fluid Composition Act

Be it enacted by the Legislature of the State of {enter state}: SECTION 1.  DISCLOSURE OF COMPOSITION OF HYDRAULIC FRACTURING FLUIDS (A) The {insert relevant state agency} by rule shall: (1)  require an operator of a well on which a hydraulic fracturing treatment is performed to: (a)  complete the form posted on the hydraulic fracturing chemical registry Internet website of the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission with regard to the well; (b)  include in the form completed under Paragraph (A): (i)  the total volume of water used in the hydraulic fracturing treatment; and (ii)  each chemical ingredient that is subject to the […]

The Election Accountability for Municipal Employee Union Representatives Act

The Election Accountability for Municipal Employee Union Representatives Act Summary This Act ensures that employees’ choice of representation is a priority by requiring that the state labor board regularly conduct an election to ensure that the representative of a collective bargaining unit that contains a general municipal employee accurately represents the choice of employees. Model Policy {Title, enacting clause, etc.} Section 1. {Definitions} (A)  “The Commission” refers to the state labor board or any body that oversees labor relations in the state. Section 2. {Representation Elections} (A)  The Commission shall conduct an election every [three to five] years to certify […]

The Employer Standing Act

The Employer Standing Act Summary The Employer Standing Act gives employers legal standing before the appropriate board or commission to dispose of a workers’ compensation claim fraudulently filed by an employee. Model Policy Section 1. {Short Title} The Employer Standing Act Section 2. {Legislative Declarations} The state finds and declares that A. Workers’ compensation fraud is the largest source of fraud within the property/casualty industry accounting for more than one-third of all property/casualty insurance fraud; and B. The cost of workers’ compensation insurance fraud is passed on to employers in the form of higher premium costs; and C. Employers should […]

The Energy Affordability and Reliability Act

Summary: This legislation requires the {Public Service Commission (PSC)/Public Utility Commission (PUC)/related agency} to evaluate economic impact, reliability, and other objectives in decisions affecting electricity supplies for the {State/Commonwealth} of {State} Sec. 1. Public policy. The {General Assembly/Senate/House} declares that it is the public policy of the {State/Commonwealth} of {State} to encourage affordable energy supplies for the electric generation sector, in order to maintain long-term affordable energy prices for consumers and industry, maintain reliable production of energy at all times, encourage economic development and promote job growth. Sec. 2. {Public Service Commission/Public Utility Commission/Related Agency} consideration of electric generation affordability […]

The Environmental Buffer Disclosure Act

Summary This Act protects the rights of property owners whose real property contains an environmental buffer zone from the alleged devaluation of adjacent principles. Model Legislation Section 1. {Definitions} (A) In this Act, the term “buffer zone” shall mean an identified area of real property that is: (1) required to separate a specified activity, facility, or equipment from other persons or property; and (2) is free of any specified activities (B) “Permit” means an authorization by license, permit, certificate, registration, or other form of permission required by law or agency rule to engage in particular activity. Section 2. {Filing Procedures} […]

The Environmental Good Samaritan Act

Summary This bill would establish the Environmental Good Samaritan Act. The purpose of this legislation is to encourage the voluntary reclamation of land and water adversely affected by mining (including limestone, dolomite, sand, gravel, slate, argillite, diabase, gneiss, micaceous sandstone known as bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore, vermiculite, clay and coal) or oil or gas extraction, and for which no person has a continuing reclamation or water pollution abatement obligation. This act would limit the potential legal liability of both landowners and participants who, voluntarily and under no legal obligation, engage in such cleanup projects. […]

The Factory-Built Housing Act

The Factory-Built Housing Act Summary This bill would allow factory-built housing in all areas zoned for single-family residential housing. Local governments would be able to establish aesthetic standards for factory-built homes so long as they are no more restrictive than those for site-built housing.  Model Policy {Title, enacting clause, etc.} Section 1. This Act may be cited as the Factory-Built Housing Act. Section 2. {Definitions.} As used in this Act, the following terms have the following meanings: (A) “Factory-built housing” means manufactured and modular housing; (B) “Manufactured housing” means housing built in a factory according to the Federal Manufactured Home […]

The Fair Notice and Market Stability Act

Summary  This Act will achieve and sustain a healthy judiciary while ensuring market stability by: requiring that public policy decisions be made in open public proceedings with considerations of a broad range of concerns and interests, limiting the impact of individual disputes to those named individuals, providing a mechanism for defining appropriate conduct when a court overturns a statute or regulation, clarifying that a state court judgment has no force or effect in other states, and providing a defense from damages for legal conduct. Model Legislation   Section 1. {Legislative Findings} (A) The law must be predictable so that people may […]

The Family Education Savings Account Act

The Family Education Savings Account Act Summary The Family Education Savings Account Act would create a tax deduction/credit for contributions made by state taxpayers into students’ Coverdell education savings accounts, which allow tax-free savings for both K-12 and higher education expenses. Purpose The purpose of this legislation is to give families greater ability to save for education related expenses for their children. Under federal law, Americans can take advantage of two types of tax-advantaged savings vehicles: 529 accounts for college savings plans and Coverdell education savings accounts (ESAs). 529 College Savings Plans: Named after the section of IRS code, 529 […]

The Financial Accountability for Public Employee Unions Act

The Financial Accountability for Public Employee Unions Act Summary This Act increases transparency and accountability to taxpayers by requiring public employee unions to annually file an independent audit of all expenditures attributed to the costs of collective bargaining, contract administration and grievance adjustment. Model Policy {Title, enacting clause, etc.} Section 1. {Definitions} For the purposes of this Act: (A)  “Exclusive bargaining representative” refers to an individual who serves as a representative of a labor organization. (B)  “Public employee” means any individual employed by any state or local government, government agency, government instrumentality, special district, joint powers authority, school board or […]

The Foster Child Scholarship Program Act

The Foster Child Scholarship Program Act Summary The Foster Child Scholarship Program creates a scholarship program that provides children who have been placed in foster care the option to attend the public or private elementary or secondary school of their guardians’ choice. Purpose Foster children are among the most at-risk in our society. Adults formerly in foster care are more likely to be homeless, incarcerated, and dependent on state services than the general population. Foster children face a number of unique disadvantages and require specially tailored assistance during their school years and during the difficult transition from youth to adulthood. […]

The Full Faith and Credit for Properly Constructed Individualized Education Plans Act

The Full Faith and Credit for Properly Constructed Individualized Education Plans Act Summary Under the Individuals with Disabilities Education Act (IDEA), all students are entitled to a free and appropriate public education, and school districts are required to provide services in accordance with an individualized education plan (IEP) that outlines the particular educational needs and appropriate services for each child. Unlike most areas of education law, IDEA creates a private right of action that enables parents to enforce their rights under a child’s individualized education plan to ensure that appropriate services are provided by the district, and state and that […]

The Great Schools Tax Credit Program Act (Scholarship Tax Credits)

The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Summary The Great Schools Tax Credit Program authorizes a tax credit for individual and corporate contributions to organizations that provide educational scholarships to eligible students so they can attend qualifying public or private schools of their parents’ choice. Model Policy Section 1. {Title} The Great Schools Tax Credit Program Act Section 2. {Definitions} (A) “Program” means the Great Schools Tax Credit Program. (B) “Eligible student” means a student who: (1) is a member of a household whose total annual income the year before he or she receives an educational scholarship under […]

The Hurricane Mitigation Promotion Act

The Hurricane Mitigation Promotion Act Summary This Act creates an annual “Hurricane Mitigation Week,” in which the Governor calls on individuals, business owners, and commercial property owners to prepare for the hurricane season, and to urge county and municipal governments to help citizens prepare as well.  Also, the Act creates a Special Advisory Commission on Hurricane Mitigation to evaluate and strengthen the state’s preparedness for hurricanes.  Finally, the Act enacts a state sales tax exemption on portable generators and other hurricane preparedness equipment during Hurricane Mitigation Week. Model Policy {Title, enacting clause, etc.} Section 1. {Designation.} The period from May […]

The Innovation Schools and School Districts Act

The Innovation Schools and School Districts Act Summary The Innovation Schools and School Districts Act creates a mechanism for schools, groups of schools, and districts to adopt plans that try new ways of delivering instruction and/or allocating resources. It creates a new classification of school districts, “Districts of Innovation,” that have one or more schools implementing these plans. Districts of innovation are provided a greater degree of autonomy and can waive some statutory requirements. Model Policy Section 1. {Title.} The Innovation Schools and School Districts Act Section 2. {Legislative Declaration.} (A) The Legislature hereby finds that: (1) the constitutional provisions […]

The Lifelong Learning Accounts Act

The Lifelong Learning Accounts Act Summary The Lifelong Learning Accounts Act would provide for the creation, administration, and operation of the Lifelong Learning Accounts (LiLAs) program. Under this program, participating employers match employee contributions into a LiLA, up to an established cap. Third parties are encouraged to match contributions. Purpose Lifelong Learning Accounts (LiLAs) are a new way for employers and employees to co-finance education and training. LiLAs encourage employers and employees to leverage their financial resources—with an eye toward increasing productivity, improving retention, and meeting the changing needs of the economy. Much like 401(k) retirement accounts, under the LiLA […]

The Market-Power Renewables Act

The Market-Power Renewables Act Section 1. Intent The legislature finds that the current system of mandated purchase of renewable energy has created negative economic and environmental consequences. The high cost of renewable energy is paid by all state citizens, including those who already struggle to pay the cost of electricity. Renewable portfolio standards actually limit the amount of renewable energy sold by removing the incentive for electric utilities or electricity ratepayers to purchase anything above the mandated amounts. The legislature further finds that the public wishes to have the freedom to purchase renewable energy. Removing regulatory burdens that prevent electricity […]

The Military Family Scholarship Program Act

The Military Family Scholarship Program Act Summary The Military Family Scholarship Program Act creates a scholarship program to provide all children of veterans and active military personnel the option to attend the public or private elementary or secondary school of their parents’ choice. Model Policy Section 1. {Title} The Military Family Scholarship Program Section 2. {Definitions} (A) “Program” means the Military Family Scholarship Program created in this subchapter. (B) “Eligible student” means any elementary or secondary student who was eligible to attend a public school in [state] in the preceding semester or is starting school in [state] for the first […]

The Next Generation Charter Schools Act

The Next Generation Charter Schools Act Summary The State of [state] recognizes establishment of charter schools as necessary to improving the opportunities of all families to choose the public school that meets the needs of their children, and believes that charter schools serve a distinct purpose in supporting innovations and best practices that can be adopted among all public schools. Further, the State of [state] recognizes that there must be a variety of public institutions that can authorize the establishment of charter schools as defined by law, and recognizes that independent but publicly accountable multiple authorizing authorities, such as independent […]

The Occupational Licensing Relief and Job Creation Act

The Occupational Licensing Relief and Job Creation Act Summary Occupational licensing increases unemployment by about 1%, raises prices by about 15%, and offers no incremental consumer protection over a competitive market.  This Act ensures that an individual may pursue lawful occupation free from unnecessary occupational regulations, and protects against the use of occupational regulations to reduce competition and increase prices to consumers. When enacting future occupational regulations, this Act requires state legislatures to find real harm, and select the least-restrictive regulation to address that harm. The Act also protects entrepreneurs by shifting the burden to the government to show in […]

The Open and Fair Competition Act for Water and Wastewater Projects

The Open and Fair Competition Act for Water and Wastewater Projects Summary It is the intention of this Act to ensure that all proven and acceptable piping materials be included in all bids for water and wastewater projects. This promotion of free competition will ensure limited government resources are being used to the greatest advantage. The goal is to construct a project at the best price and best value for system customers and taxpayers. Model Policy {Title, Enacting clause, etc.} Be it enacted by the legislature of the state of [insert state]. Section 1. {Definitions} (A) “Governmental Agency” refers to […]

The Open Enrollment Act

The Open Enrollment Act Summary The Open Enrollment Act stipulates that a student may attend any public school or program in the state. The legislation allows the parents of the student to apply for attendance in any nonresident school, either within or outside the district of residence. The nonresident school would advise the parent within a reasonable time if the application was accepted. No school district can be obligated to change existing school structures or program guidelines. No school can reject an application except for lack of space, existing eligibility criteria, desegregation plan requirements, expulsion record or late enrollment. Provisions […]

The Parental Choice Scholarship Program Act (Means-Tested Eligibility)

The Parental Choice Scholarship Program Act (Means-Tested Eligibility) Proposed Amendment Summary The Parental Choice Scholarship Program Act creates a scholarship program that provides children from low- and middle-income families the option to attend the public or private elementary or secondary school of their parents’ choice. Model Policy Section 1. {Title} The Parental Choice Scholarship Program Section 2. {Definitions} (A) “Program” means The Parental Choice Scholarship Program created in this subchapter. (B) “Eligible student” means any elementary or secondary student who was eligible to attend a public school in [state] in the preceding semester or is starting school in [state] for the […]

The Parental Choice Scholarship Program Act (Universal Eligibility)

The Parental Choice Scholarship Program Act (Universal Eligibility) Summary The Parental Choice Scholarship Program Act creates a scholarship program that provides all children the option to attend the public or private elementary or secondary school of their parents’ choice. Model Legislation Section 1. {Title} The Parental Choice Scholarship Program Section 2. {Definitions} (A) “Program” means the Parental Choice Scholarship Program created in this subchapter. (B) “Eligible student” means any elementary or secondary student who was eligible to attend a public school in [state] in the preceding semester or is starting school in [state] for the first time.1 (C) “Parent” includes […]

The Parental Choice Scholarship Program Act (Universal Eligibility, Means-Tested Scholarship Amount)

The Parental Choice Scholarship Program Act (Universal Eligibility, Means-Tested Scholarship Amount) Summary The Parental Choice Scholarship Program Act creates a scholarship program thatprovides all children the option to attend the public or private elementary or secondary school of their parents’ choice. Model Policy Section 1. {Title.} The Parental Choice Scholarship Program Section 2. {Definitions.} (A) “Program” means the Parental Choice Scholarship Program created in this subchapter. (B) “Eligible student” means any elementary or secondary student who was eligible to attend a public school in [state] in the preceding semester or is starting school in [state] for the first time.1 (C) […]

The Phantom Damages Elimination Act

The Phantom Damages Elimination Act Section 1. {Title}.  This Act may be known as the Phantom Damages Elimination Act. Section 2. {Purpose}.  The purpose of this section is to prevent compensatory damage awards for medical expenses from including amounts that the claimant has not and will not pay for such medical care or treatment. Section 3. {Recovery of Medical or Health Care Expenses}.  In an action to recover damages resulting from death or injury, the damages that may be recovered by a claimant for reasonable and necessary health care services or treatment received shall include only: (A) amounts actually paid […]

The Private Property Protection Act

Summary ALEC’s model Private Property Protection Act is designed to ensure property owner rights as established under the 5th Amendment to the United States Constitution through the establishment of reasonable standards for takings and a method of relief for landowners whose rights have been taken by excess regulation. Key components of the bill include: a definition of regulatory takings, governmental compensations for property rights infringement, inverse condemnation procedures, regulatory rollback procedures, legal challenges and tax adjustments. Model Legislation {Title, enacting clause, etc.] Section 1. {Short Title.} This act shall be known and may be cited as the Private Property Protection […]

The Promoting ‘Merit’ in Merit Selection Act

Section 1. {Selection of Members, Size, Composition and Administration of the Appellate Judicial Commission}  (A) The legislature hereby establishes a Judicial Nominating Commission (hereafter the “Commission”) for the purpose of filling vacancies to the appellate judicial courts by nominating candidates for appointment by the governor. (B) The Commission shall be comprised of 15 members appointed by the governor with the advice and consent of the senate. (1) Ten members of the Commission shall not be admitted to practice law in the courts of this state or of any other state. (2) Five members of the Commission shall be admitted to […]

The Property/Casualty Insurance Form Filing Act

The Property/Casualty Insurance Form Filing Act Summary This model bill establishes a file and use system for the approval of policy forms and endorsements for personal and commercial lines of insurance. This creates a more competitive and less onerous regulatory environment in the insurance industry. Model Policy Section 1. {Short Title} This act shall be known as the Property/Casualty Insurance Form Filing Act. Section 2. {Legislative Declaration} This legislature finds and declares that a modernized and competitive procedure be employed1 A. To promote insurance product competition and price competition among insurers; B. To expand insurance policy options and choices for […]

The Provisional Licenses for Ex-Offenders Act

The Provisional Licenses for Ex-Offenders Act Summary This bill allows certain ex-offenders to obtain a provisional, or probationary, occupational license if they are otherwise qualified.  Research indicates that a person who has been law abiding for at least five years is at a low risk of re-offending. Also, according to the Federal Bureau of Prisons, ex-offenders who are employed are three to five times less likely to re-offend. Model Policy Section 1. {Provisional License} (A) Notwithstanding any other law and unless the applicant has been convicted of an offense described by Section 2, a licensing authority shall issue to an […]

The Public Employee Bargaining Unit Decertification Elections Act

The Public Employee Bargaining Unit Decertification Elections Act  Summary Workers are entitled to seek an election to determine if a majority of their coworkers want to drop union representation. Decertification elections allow workers to decide if and how they want to be represented by a union. This Act provides for worker choice by lowering the number of petition signatures necessary to trigger a decertification election and expanding the time in which a petition to decertify may be filed. Model Policy {Title, enacting clause, etc.} Section 1. {Definitions} (A)  “Petition to decertify” means a petition requesting the removal or substitution of […]

The Public School Financial Transparency Act

The Public School Financial Transparency Act Summary The Public School Financial Transparency Act would require each local education provider in the state to create and maintain a searchable expenditure and revenue Web site database that includes detailed data of revenues and expenditures. It also would require each local education provider to maintain the data in a format that is easily accessible, searchable, and downloadable. Model Legislation Section 1. {Title} The Public School Financial Transparency Act Section 2. {Legislative Declaration} (A) The Legislature finds that: (1) Taxpayers should have easier access to details regarding how public schools are spending taxpayer dollars; […]

The Pursue and Control Child Predators Act

The Pursue and Control Child Predators Act Summary Section 1 requires Internet access providers to make available to subscribers a product or service that controls a child’s use of the Internet. Section 2 requires teaching online safety in the classroom. Section 3 increases post-conviction controls on convicted sex offenders. Section 4 requires sex offenders to register their usernames used on interactive online forums. Section 5 requires online services to preserve and disclose customer information pursuant to law enforcement requests. Section 6 expands child porn reporting obligations. Section 7 criminalizes Internet sexual exploitation. Section 8 criminalizes the luring of a child. […]

The Reporting of Seizure and Forfeiture Act

The Reporting of Seizure and Forfeiture Act Summary This Act establishes reporting requirements for law enforcement agencies that have the authority under state or federal law to seize property and sell it to fund agency budgets. Model Policy {Title, enacting clause, etc.} Section 1. {Purpose.}  Under state and federal forfeiture laws, state law enforcement agencies can seize money, vehicles, and other property, have them sold and use the proceeds to fund agency budgets.  It is the responsibility of state legislators to monitor forfeiture.  This bill provides legislators with the information necessary for basic oversight of members of the executive branch—law […]

The Review of Penal Laws Act

Summary This Act forms an interim commission of key stakeholders and experts to make recommendations to the legislature regarding the review of penal laws that are unnecessary, unclear, duplicative, overly broad, or otherwise insufficient to serve the purpose of the law. Model Policy {Title, Enacting Clause, etc.} {Section 1.} Commission to Study Certain Penal Laws  (A) A commission is created to study and review all penal laws of this state other than criminal offenses: (1)   Under the Penal Code; (2)   Under Health and Safety Code that involve illicit controlled substances; or (3)   Related to the operation of a motor vehicle. […]

The Right to Practice Forestry Act

Summary  This bill asserts that forestry operations may not be considered a nuisance if the forestry operation adheres to customary forestry management practices. Bill Information The Right to Practice Forestry Act counteracts local governments from restricting existing forestry operations and to prevent frivolous lawsuits against such operations. Model Legislation Section 1. {Short Title.} This bill may be cited as The Right to Practice Forestry Act. Section 2. {History of Issue.} Under most state laws, if a business, property, or action of a person crates a public nuisance, the party damaged by that nuisance can bring an action for the damages […]

The School Board Freedom to Contract Act

The School Board Freedom to Contract Act Summary The School Board Freedom to Contract Act encourages the establishment of public/private partnerships between school boards and the private sector for outsourcing and delivery of ancillary services under the direction of school boards, when said services/programs can be executed more efficiently and more cost-effectively by the private sector. Model Legislation Section 1. {Short Title.} This Act shall be known as the School Board Freedom to Contract Act. Section 2. {Legislative Declarations.} This legislation finds and declares that: (A) Educators are spending an enormous amount of time and money on operating ancillary services […]

The Share the Road Safety Act

The Share the Road Safety Act Summary This Act provides increased safety instruction of young driver education programs by raising the awareness of all motor vehicle drivers on how to share the road/highway with large trucks. This legislation requires the inclusion of a section on awareness and safe interaction with commercial motor vehicle traffic in public school, private school, and commercial driver training schools.  Classroom instruction and behind-the-wheel training must include, but is not limited to: truck stopping distances, proper distances for following trucks, identification of truck blind spots, and avoidance of driving in truck blind spots. Model Policy Section […]

The Smart Start Scholarship Program

The Smart Start Scholarship Program Summary This bill creates a scholarship program that helps children from low- and middle-income families attend the public or private 4-year-old preschool program or 5-year-old kindergarten program of their parents’ choice. Model Legislation Section 1. {Title.} The Smart Start Scholarship Program Section 2. {Definitions.} (A) “Program” means The Smart Start Scholarship Program created in this subchapter. (B) “Eligible child” means a child who: (1) is old enough to attend kindergarten in this state or, in the case of a child who wishes to attend preschool, is one year younger than the attendance age for kindergarten in […]

The Special Needs Scholarship Program Act

The Special Needs Scholarship Program Act Summary The Special Needs Scholarship Program creates a scholarship program that provides students with special needs the option to attend the public or private elementary or secondary school of their parents’ choice. Model Legislation Section 1. {Title.} The Special Needs Scholarship Program Section 2. {Definitions.} (A) “Program” means the Special Needs Scholarship Program created in this subchapter. (B) “Eligible Student” means any elementary or secondary student who was eligible to attend a public school in [state] in the preceding semester or is starting school in [state] for the first time with an Individualized Education […]

The Student-Centered Funding Act

The Student-Centered Funding Act Summary The Student-Centered Funding Act would create a student-centered finance model based on a weighted student formula in which money “follows” a child to his or her school. Purpose In any given state, education funding accounts for roughly half of the general fund budget. A growing number of states are embarking upon school finance reform to improve their education finance systems; to more closely align funding to actual education costs based on the unique needs of students and their schools; and to improve public accountability through transparency that links education funding (inputs) to student achievement (outputs). […]

The Transparency and Accountability for Public Employee Bargaining Act

Summary This Act requires that once a public employer and employee have reached a collective bargaining agreement, the public employer shall post the agreement online for 14 days and hold a public hearing before a collective bargaining agreement can be ratified. Note: This policy solution is only intended for states where the entire public-sector collective bargaining process is not open to the public. It is also not an endorsement of public sector binding, interest or other compulsory arbitration with regard to collective bargaining agreements. Decisions affecting collective bargaining contracts between public employers and public employees should be made by elected […]

The Treating Accused Persons Fairly Act

The Treating Accused Persons Fairly Act Summary To protect persons from unjust criminal punishment for alleged violations of vague and unclear offenses by codifying the common-law rule of lenity and safeguarding due process rights. Model Policy {Title, enacting clause, etc.} Section 1. {Title.} This Act may be cited as “The Treating Accused Persons Fairly Act of 2011” Section 2. {Congressional Purpose.} The purpose of this Act is to reduce the risk of injustice stemming from State and local criminal offenses and penalties that are vague or unclear.  The [Legislature or General Assembly] intends to protect against such injustice by codifying […]

The Uninsured Motorist Stipulation of Benefits Act

The Uninsured Motorist Stipulation of Benefits Act Summary This bill is designed to reduce the number of uninsured motorists and to protect those who do comply with the fiscal responsibility laws from lawsuits by uninsured motorists. Model Policy Section 1. {Title.} This Act may be cited as The Uninsured Motorist Stipulation of Benefits Act. Section 2. {Legislative finding and declaration.} (A) It is the policy of this state that an uninsured motorist shall be deemed to have waived his or her right to recover for noneconomic loss from a motorist who carries the statutorily required automobile insurance in the event […]

The Virtual Public Schools Act

The Virtual Public Schools Act Declaration. (A) The General Assembly hereby finds and declares that: (1) Meeting the educational needs of children in our state’s schools is of the greatest importance to the future welfare of [state]; (2) Closing the achievement gap between high-performing students, including the gap between minority and non-minority students, and between economically disadvantaged students and their more advantaged peers, is a significant and present challenge; and (3) Providing a broader range of educational options to parents and utilizing existing resources, along with technology, may help students in our state improve their academic achievement; (4) Many of […]

The Water/Wastewater Utility Public-Private Partnership Act

The Water/Wastewater Utility Public-Private Partnership Act Model Policy {Title, Enacting clause, etc.} Be it enacted by the legislature of the state of [insert state] Section 1. Definitions 1. Governmental agency refers to any state agency, state district, city, county, city and county, including a chartered city or county, school district, community college district, public district, county board of education, joint powers authority, water or sewer district, special district, or any other public or municipal corporation. 2. Private entity refers to a person, business entity, combination of persons and business entities, or a combination of business entities. 3. Best value refers […]

Title Pledge Act

Title Pledge Act Summary This Act will provide for statewide licensing of title pledge lenders, including examination standards. The goal of this legislation is to reinforce title pledge lenders’ financial responsibility to the public. Model Policy Section 1. {Short Title} This Act shall be known and may be cited as the “Title Pledge Act.” Section 2. {Legislative Findings and Purpose} The making of title pledge loans vitally affects the general economy of this state and the public interest and welfare of its citizens. It is the policy of this state and the purpose of this Act to: (A) Ensure a […]

Traffic Incident Management Quick Clearance Act

Traffic Incident Management Quick Clearance Act Summary This Act establishes the duties of drivers when approaching traffic incidents, the expedited removal of vehicles from an incident, the liability protection for authorized clearance functions, and compensation for incident removal costs. Model Policy Section 1. {Short Title}This act may be cited as the Traffic Incident Management Quick Clearance Act. Section 2. {Road User Duties Approaching Incidents} (A) When in or approaching an incident, every driver shall maintain a speed no greater than is reasonable and prudent under the conditions, including actual and potential hazards then existing; (B)  When in or approaching an […]

Transparency and Government Accountability Act

Transparency and Government Accountability Act                                                                                                                                 Summary “Transparency” is government’s obligation to share information with citizens that is needed to make informed decisions and hold officials accountable for the conduct of the people’s business. Transparency exists on […]

Transparency in Lawsuits Protection Act

Summary On occasion, courts create an “implied” cause of action or a right to sue in regulatory legislation.  The principles for when courts will or will not create these “implied” causes of action are vague and uncertain.  For that reason, there should be transparency in legislation as to whether any act of the legislature creates a new right to sue.  Where the cost of lawsuits may have significant adverse impacts on citizens in the state, the legislature, at the time it acts, should weigh both the risks and benefits of creating a new right to sue.  New rights to sue […]

Travel Agent Tax Fairness Act

Travel Agent Tax Fairness Act Summary This legislation establishes a sensible framework to eliminate confusion and controversy in the imposition of hotel occupancy taxes on services provided by travel agents and other travel intermediaries. The legislation clarifies that a service which helps travelers to research, compare, and book hotel reservations is not subject to those taxes that are imposed on hotel operators for the provision of a room. By clarifying that taxes imposed as a hotel tax or occupancy tax shall apply only to the amounts received by hotel operators, this legislation will promote continued growth in travel and tourism. […]

Treatment Center Accountability Act

Treatment Center Accountability Act Summary This Act would require public treatment centers to track participants in their programs for at least one year to assess whether they are staying off drugs. Additionally, this Act requires centers to administer random drug tests to ensure the accuracy of the data and requires the compilation of information on employment, education, and criminal history. Model Legislation. {Title, enacting clause, etc.} Section 1. {Title.} This Act shall be known and may be cited as the Treatment Center Accountability Act. Section 2. {Annual reports.} (A) As a requirement to qualify as a recipient of referrals from state […]

Trespasser Responsibility Act

Summary The Trespasser Responsibility Act provides that land possessors owe no duty of care to trespassers and are not liable for harms to trespassers except in limited situations that are recognized in the common law of most states. The model act reflects the common law’s status-based approach to land possessor duties with respect to invitees, licensees, and trespassers.  The act is a response to recent “reformist” efforts to replace the historical status-based approach with a unitary standard imposing on land possessors a duty to exercise reasonable care to all entrants, including trespassers in situations in which liability traditionally has not […]

Truth in Damages Act

Summary ALEC’s model Truth in Damages Act allows the admission into evidence of proof of collateral source payments made or likely to be made as compensation for the same damages sought in the suit. The Act requires that such payments are to be considered in determining any award, and in reviewing awards for excessiveness. Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Truth in Damages Act. Section 2. {Definitions} The following words, as used in this Act, shall have the meaning set forth below, unless the context clearly requires otherwise: (A) “Collateral […]

Truth in Forecasting Act

Truth in Forecasting Act Summary Current forecasting methods used to evaluate changes in tax policy are often an obstacle to the adoption of pro-growth tax policy. Current forecasting methods score a tax cut as a “loss” to the government, while tax increases are scored as a “gain” to the government. This assumption is in conflict with the empirical evidence that behaviors change in response to tax changes. Consequently, a tax increase may bring in less revenue, due to reduced economic activity, while tax cuts may bring in more revenue because of an increase in economic activity. As legislators consider tax […]

Truth in Spending Act

 Truth in Spending Act Model Legislation  {Title, enacting clause, etc.} Section 1. {Title} This act shall be known and may be cited as The Truth in Spending Act. Section 2. {Statement of purpose.} Section 3. {Amendment to state revenue and tax code.} Section [cite appropriate section] is amended to read: (A) Each State agency shall include with its budget submission to the Legislature a summary of all moneys that were spent or otherwise passed through the agency during the preceding fiscal year and an estimate of the moneys projected to be spent or otherwise pass through the agency for the […]

Uncompensated Care Liability Act

Uncompensated Care Liability Act  Summary The purpose of this Act is to encourage the practice of uncompensated care for low-income patients by providing liability immunity.  Any licensed physician, any hospital, or any other health care provider who provides medical care to any patient without receiving any direct remuneration or compensation in exchange for rendering care shall not be liable for any civil damages for acts or omissions, unless such acts or omissions were grossly negligent.  The provider must first indicate in writing that this care is being administered without any compensation. Model Legislation Section 1. This Act may be cited […]

Unfunded Pension Liabilities Accounting and Transparency Act

Unfunded Pension Liabilities Accounting and Transparency Act Summary The Legislature finds that the future liabilities of the state’s several post-retirement pension and benefits plans may exceed the ability of these plans to fully pay future claims, possibly requiring taxpayers to make unforeseen future contributions to ensure the solvency of these plans or the reduction or elimination of benefits to future and current retirees. Believing both of these alternatives to be unacceptable, the Legislature seeks to identify the extent to which the several pension plans lack the necessary capital to pay all future obligations. Model Policy {Title, enacting clause, etc.}   […]

Uniform Bail Act

Uniform Bail Act Summary This Act would set standards for commercial bonds, cash bonds, and personal bonds. In addition, this Act would eliminate pretrial release agencies. The Act would set restrictions on the use of personal bonds. Model Policy {Title, enacting clause, etc.} Section 1. {Title.} This Act may be cited as the Uniform Bail Act. Section 2. {Definitions.} As used in this Act: (A) “Person” means an individual or corporation. (B) “Bail” means the security or agreement given by an accused to secure his/her pretrial release from custody and to guarantee the accused will appear before the proper court […]

Uniform State Environmental Audit Privilege Act

Summary ALEC’s model Uniform State Environmental Audit Privilege Act is designed to encourage environmental compliance of the private sector by making environmental audits privileged to protect the confidentiality of communications relating to voluntary internal environmental audits. Model Legislation Section 1. {Short Title} This act shall be known and may be cited as the Uniform State Environmental Audit Privilege Act. Section 2. {Legislative findings and declarations} The legislature finds and declares that: (A) In order to encourage owners and operators of facilities and other persons conducting activities regulated under {insert state’s environmental laws}, or the federal, regional or local counterpart or extension […]

Unintended Consequences Prevention Act

Unintended Consequences Prevention Act Summary This Act provides that no state department or agency shall implement or enforce any provision of the federal Patient Protection and Affordable Care Act unless the department or agency provides a certain report to the legislature, and the legislature authorizes such implementation or enforcement by statute. Model Legislation Section 1. Findings.  The legislature finds that: (A)  {Insert state}’s health care system has been developed to address the unique circumstances in {insert state} and to provide solutions that work for {insert state}; and (B)  The federal Patient Protection and Affordable Care Act: (1)  Infringes on state […]

Union Financial Responsibility Act

Union Financial Responsibility Act Summary The power of workers to make sound decisions concerning their careers, workplace choices, workplace representation, and other areas of importance hinges on a worker’s access to useful and relevant information. The legislature finds it is important to ensure public sector workers are provided with useful information concerning their membership in a labor union, through thorough and complete public disclosure of union finances and by protecting a worker’s freedom of speech, assembly, and other rights. The legislature finds today’s workforce is more educated, empowered, and familiar with financial data and transactions than at any time in […]

Unlawful Release of a Minor’s Identifying Information

Unlawful Release of a Minor’s Identifying Information Section 1. {Title} This Act may be cited as the Unlawful Release of a Minor’s Identifying Information. Section 2. {Definitions} (A) A person shall not knowingly select and place, or direct the placement,  on the world wide web of the identifying information of a minor if the dissemination of the identifying information knowingly poses an imminent and serious threat to the minor’s safety and the person has knowledge of, and reckless disregard for, the serious and imminent threat. (B) For purposes of this section: (1) “Minor” means any person under eighteen years of […]

Unlawful Release of a Minor’s Identifying Information

Unlawful Release of a Minor’s Identifying Information Section 1. {Title} This Act may be cited as the Unlawful Release of a Minor’s Identifying Information. Section 2. {Definitions} (A) A person shall not knowingly select and place, or direct the placement,  on the world wide web of the identifying information of a minor if the dissemination of the identifying information knowingly poses an imminent and serious threat to the minor’s safety and the person has knowledge of, and reckless disregard for, the serious and imminent threat. (B) For purposes of this section: (1) “Minor” means any person under eighteen years of […]

Updating Net Metering Policies Resolution

Updating Net Metering Policies Resolution WHEREAS, the U.S. electric grid delivers a product essential to all Americans; and WHEREAS, electricity runs our economy—it powers our homes, businesses, industries, and the smart technologies and innovations that enhance our quality of life; and WHEREAS, the electric power industry is leading the transformation to make the grid more flexible and more resilient to meet the growing demands of our digital society; and WHEREAS, the electric power industry directly employs more than 500,000 American workers and is the nation’s most capital-intensive industry, investing more than $90 billion per year, on average, in capital expenditures, […]

Use Tax Elimination Act

  Use Tax Elimination Act Summary The use tax was created as a “counter-part” to the sales tax, and designed to capture tax revenue from sales made outside the state. As a result of the Supreme Court’s decision in Quill, the use tax is unenforceable since out-of-state sellers cannot be forced to collect that tax from in-state buyers. Even when use tax collection lines are placed on individual income tax returns, collections are paltry. The use tax has thus created a “nation of tax cheats.” In the name of simplicity and fairness, the use tax should be abolished. Model Policy […]

Used Oil Collection Act

Summary  ALEC model Used Oil Collection Act is designed to reduce the amount of improperly disposed used oil by providing incentives to increase the number of certified collection facilities for used oil. Model Legislation Section 1. {Short Title.} This act shall be known and may be cited as the Used Oil Collection Act. Section 2. {Legislative findings and declarations.} The legislature finds and declares: (A)  Considerable amounts of used oil are generated each year in the state and that this oil is a valuable resource which can be utilized as an environmentally acceptable source of energy or as clean re-fined […]

Utility Construction Review Act

Summary  ALEC’s model Utility Construction Review Act is designed to ensure adequate and reliable electric power supply at the availability of a reasonable cost through reducing risks and uncertainties from the rate review process and encourage utilities to provide new capacity. Key components of the Act include: a provision for certificate review of electric power plants under construction and investment recovery under certain circumstances and a provision for construction progress reports.  Model Legislation Section 1. {Short Title.} This act shall be known and may be cited as the Utility construction Review Act. Section 2. {Legislative findings and declarations.} The Legislature […]

Vegetative Filter Strips Act

Summary The goal of this model bill is to encourage growers to voluntarily construct vegetative filter strips on land between a farm field and an area to be protected such as a stream, river, or sinkhole. This farming practice will greatly minimize movement of sediment, nutrients, and crop protection products out of the growers’ fields. Additionally, this bill will provide land owners with tax relief to mitigate the production losses incurred when taking valuable farm land out of production. Ultimately, this legislation provides the necessary flexibility, economic, and environmental factors to benefit the land owners, state soil and water conservation […]

Verifiable Science Act

Summary: In order to protect citizens from arbitrary and capricious regulations promulgated without any impetus that is justified by pertinent, ascertainable, and peer-reviewed science, this act guarantees citizens the right to access scientific data that is used to develop public policies.  Model Legislation: SECTION 1.{Title} This act shall be known as the Verifiable Science Act. SECTION 2.{State rights.}Citizens have a right to access data from state funded studies in whole or in part, that are used for development of state law or regulation or enforcement action. Any regulations promulgated by the results of such studies shall be justified by pertinent, […]

Victim and Witness Address Confidentiality Act

Victim and Witness Address Confidentiality Act Summary This Act would restrict the individuals who may have access to the addresses and phone numbers of witnesses and victims to law enforcement and the prosecuting attorney. Victim assistance organizations may be granted addresses and phone numbers with approval of the prosecuting attorney. All others, including the defense counsel, need the consent of a witness or victim in order to have access to the address or phone number. The Act would also establish procedures for scheduling interviews between the defense counsel, victims, and witnesses. Model Policy. {Title, enacting clause, etc.} Section 1. {Title.} This […]

Victim Impact Statement Act

Victim Impact Statement Act Summary This Act would require the probation department to solicit a victim impact statement from a victim of a felony, after the conviction but before the sentencing of the felon. The probation officer would then be required to attach a victim impact statement to the presentence report submitted to the sentencing court. Furthermore, this Act would allow victims of all crimes to submit impact statements to the probation department, which would then be required to attach the statement to the presentence reports. The sentencing court would be required to consider victim impact statements when deciding on […]

Voluntary Childhood Lead Exposure Control Act

 Summary This Act provides protection from liability against claims of injuries allegedly arising from lead exposure for any residential property owner who voluntarily meets certain lead abatement and maintenance standards for his residential properties. Attaining such a maintenance standard is in no way compulsory. The Act is designed to give property owners certainty that if they meet the standard, the will not be found legally liable. Conversely, not meeting the standard in no way constitutes admission of liability for any property owner. Model Legislation Section 1. {Title} This Act may be cited as the “Voluntary Childhood Lead Exposure Control Act.” […]

Voluntary Contributions (Paycheck Protection) Act

Voluntary Contributions (Paycheck Protection) Act Summary The Voluntary Contributions Act requires labor organizations that engage in political activities to keep a segregated fund for political contributions. It further specifies that contributions to that fund will be on a voluntary basis and the contribution shall be made directly by the donor. In addition, the Act prohibits payroll withholding of funds to be used for political purposes. Note: This model is adapted from Idaho House Bill 329, enacted, and signed into law in 2003. Model Policy Section 1. {Title}   This Act shall be known as the “Voluntary Contributions Act.” Section 2. […]

Volunteer Immunity and Charitable Organization Liability Limit Act

Summary The Act is intended to promote the formation, financial stability, and healthy operation of charitable organizations and to encourage volunteer and charitable organizations by limiting the exposure of organizations and volunteers to lawsuits arising from their charitable activities. Model Legislation Section 1. {Title} This Act shall be known as and may be cited as the Volunteer Immunity and Charitable Organization Liability Limit Act. Section 2. {Legislative finding and declaration of intent} The legislature finds that charitable organizations within this state perform essential and needed services. It is the intent of the legislature to encourage the formation of charitable organizations, […]

Vote on Taxes Joint Resolution

Vote on Taxes Joint Resolution  Summary Applying to the Congress of the United States pursuant to Article V of the United States Constitution to call a limited constitutional convention for proposing the Vote On Taxes Amendment which would require that Congress obtain the consent of the governed before imposing new taxes, increasing the federal debt, mandating unfunded spending requirements upon the states and increasing federal spending above the base year adjusted annually for inflation and population change. The Amendment would allow two-thirds of the state legislatures to propose an identically worded Amendment which would be ratified if approved by a majority […]

Waste Tire Abatement Act

 Summary Providing for nuisance abatement from improper waste tire treatment. Establishing a waste tire abatement fund. Providing for grants for the beneficial disposal of waste tires, imposing additional powers and duties on the (environmental agency), providing penalties, making an appropriation, and making repeals. Model legislation {Title, enacting clause, etc.} Section 1. {Title} This act may be cited as the Waste Tire Recycling and Abatement Act. Section 2. {Legislative findings and declarations of policy.} The (legislative body) finds and declares as follows: (A) An estimated two billion old tires lie in the nation’s dumps, with several million added each year. (B) […]

Welfare System Integrity Act

Welfare System Integrity Act Summary Many states are facing harsh economic realities—meanwhile, citizens are demanding greater accountability on how their tax dollars are spent.  In many states, citizens are voicing concerns over the escalating cost of the welfare portion of the state budget, which is quickly outpacing other state funding priorities. The easiest way to break the cycle of welfare dependency, as well to stop the perceived and real abuses within the welfare system, is to prevent it in the first place by reducing the number of new enrollments.  Front-end fraud prevention is the logical method to avoid the cost […]

Wetlands Mapping and Protection Act

Summary  ALEC’s model Wetlands Mapping and Protection Act is designed to permit a state to define the procedures, guidelines, and administration of a wetlands program for the state.  Key components of the bill include: a wetlands mapping program and classification of wetlands. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This act shall be known and may be cited as the Wetlands Mapping and Protection Act Section 2. {Definitions} The following words and phrases when used in this Act shall have the meaning given to them in this section unless the context clearly indicates otherwise: (A) “Department.” The department […]

Whistleblower Immunity Act

Summary  The purpose of this Act is to encourage the exposure of negligent health care providers. This Act limits liability for certain information and safeguards the confidentiality of individuals who come forward to disclose medical providers who practice negligent care. ALEC’s Whistle Blower Immunity Act holds that no person who files a complaint or testifies as a witness concerning unprofessional conduct by a person licensed to practice medicine, or concerning the inability of such licensee to practice medicine, would be held liable in any cause of action arising out of the filing of such complaint or testimony. Model Policy Section […]

Wildlife Information Disclosure Act

 Summary This Act shall be known as the Wildlife Information Disclosure Act. Model Policy Section 1. {Disclosure of Personal Information} (A) The name and address and a telephone, social security, driver’s license, bank account, credit card, or charge card, number of a person who purchases customer products, licenses, or services from the department may not be disclosed except as authorized under this section. (B) The {InsertState} Fish and Wildlife Commission, (hereafter “commission”) by rule, may adopt policies relating to: (1) customer information; (2) the use of customer information by the {InsertState} department of Fish and Wildlife (hereafter “department”); (3) the […]

Wireless Communications Tower Siting Act

Wireless Communications Tower Siting Act Summary These laws are enacted for the purpose of:  ensuring (1) the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communications services throughout the community and (2) the ready availability of reliable wireless service to the public and government agencies and first responders, with the intention of furthering the public safety and general welfare.  The intent of this legislation is not to limit or preempt the scope of a zoning authority’s review of applications for siting of wireless facilities or wireless support structures. Model Policy BE IT […]

Workers’ Compensation as Exclusive Remedy Resolution

Workers’ Compensation as Exclusive Remedy Resolution Summary ALEC’s Workers’ Compensation as Exclusive Remedy Resolution reasserts the traditional no-fault principle upon which the system is based. Model Resolution {Title} WHEREAS, since the early 1900s every state has adopted some type of workers’ compensation system that provides workers with medical, wage loss, and other benefits on a no-fault basis for injuries or death arising during the course of employment; and WHEREAS, the system is intended to remove all disputes between the employer and employee from the tort system and to be the exclusive remedy for employees; and WHEREAS, in exchange for employees […]

Workers’ Compensation Fraud Warning Act

Workers’ Compensation Fraud Warning Act Summary The Workers’ Compensation Fraud Warning Act authorizes an insurer or self-insured employer to provide notice to an injured worker on or with a check for temporary disability benefits that it is unlawful to make any knowingly false or fraudulent material statement for the purpose of obtaining worker’ compensation. The notice would state that the acceptance of employment with a different employer that requires the performance of activities that the worker has stated that he or she cannot perform because of injury could constitute fraud and result in criminal prosecution. Model Policy Section 1. {Short […]

Workers’ Compensation Medical Records Disclosure Act

Workers’ Compensation Medical Records Disclosure Act Summary Current legislative proposals to protect the privacy of individually identifiable financial and medical information severely restrict, or do not sufficiently address, the rights of employers in workers’ compensation, and other employee entitlement, claim cases. While the cognizant of the overwhelming public demand for medical and financial record privacy, there is an inherent need for employers to have access to all relevant information, including medical information, regarding these claims in order to: (1) ensure prompt, and accurate , claims processing procedures; (2) provide safety programs to mitigate recurring injuries that are similar in nature; […]

Workplace Drug Testing Act

Workplace Drug Testing Act Summary ALEC’s model Workplace Drug Testing Act provides that an employer may test for drugs and alcohol in accordance with provisions in the Act, and establishes testing standards and procedures, and protections for the employee and employer. Model Policy {Title, enacting clause, etc.} Section 1. {Title.} This Act shall be known and may be cited as the Workplace Drug Testing Act. Section 2. {Definitions.} As used in this Act: (A) “Alcohol” means ethyl alcohol or ethanol. (B) “Drugs” means any substance described in (cite controlled substance act.) (C) “Employer” means any person, firm, or corporation, including […]

Resolution on Ensuring Access to Convenient Care Clinics

Resolution on Ensuring Access to Convenient Care Clinics Model Resolution WHEREAS, {Insert state legislative body} finds that access to health care is important to its citizens; and WHEREAS, {Insert state legislative body} finds that state legislators can have a profound impact on the affordability, accessibility, and availability of basic health care services; and WHEREAS, {Insert state legislative body} finds that the citizens of {insert state} should have affordable and accessible options with regard to where they receive their medical treatment; and WHEREAS, {Insert state legislative body} finds that convenient care clinics (CCCs): Provide consumers convenient access to non-emergency health care […]