An ACT to prohibit state agencies from obligating the state to federal maintenance of effort requirements

An ACT to prohibit state agencies from obligating the state to federal maintenance of effort requirements

Summary

This act would prohibit state agencies from committing the state to federal maintenance of effort requirements without approval of the legislature.

 

Model Policy

Section 1. {Title} This act shall be known as An ACT to prohibit state agencies from obligating [insert state] to federal maintenance of effort requirements

Section 2.

It is hereby prohibited for any state employee, state agency or state agent to enter into any agreement, including but not limited to cost-sharing agreements and grants, which obligates [insert state] to any explicit or implied maintenance of effort requirements without the express prior consent of [insert state] Legislature.  For this purpose, maintenance of effort shall include the expenditure of state funds and any action to be undertaken by [insert state] including but not limited to regulatory action.

Section 3. {Severability Clause}

Section 4. {Repealer Clause}

Section 5. {Effective Date}

 

Approved by ALEC’s Tax and Fiscal Policy Task Force at the ALEC Annual Meeting on Thursday July 23, 2015 and Friday, July 24, 2015. Approved by ALEC Board of Directors on September 4, 2015.