Federal Mandate/Federal Encroachment on State Sovereignty Audit Act

The Federal Mandate/Federal Encroachment on State Sovereignty Audit Act was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

ALEC’s model Federal Mandate/Federal Encroachment on State Sovereignty Audit Act is designed to serve as an alternative option to ALEC’s Joint Legislative Committee on Federal Mandates Act. Both are designed to protect state sovereignty from federal encroachment by making the state cognizant of the effect the actions of the federal government have at the state legislative level. Key components to the bill include: Federal Mandate/Federal Encroachment of State Sovereignty Auditor, and the annual review of federal activity.

Model Legislation

Section 1. {Short title.}

This act shall be known and may be cited as the Federal Mandate/Federal Encroachment on State Sovereignty Act.

Section 2. {Legislative Declarations.}

The Legislature finds and declares:

(A) 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.”

(B) Today, with increasing frequency important decisions affecting the lives of individuals in the state are being made by the federal government and the states are demonstrably treated as agents of the federal government.

(C) State sovereignty and authority over issues that affect the state and the well being of its citizens must be restored.

Section 3. {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) “Congressional Delegation.” All members of the United States Senate and House of Representatives from {insert state}.

(B) “Federal Encroachment on State Sovereignty.” Any exceedence of federal authority over state authority.

(C) “State Sovereignty.” As related to the 10th Amendment: ” 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.”

(D) “State.” All agencies of the state including independent agencies, state colleges and universities.

(E) “Federal Mandate.” A provision of federal law or regulation that is mandated on the state.

Section 4. {Designation of Federal Mandate/Federal Encroachment on State Sovereignty Auditor Powers & Duties.}

(A) The federal mandate/federal encroachment on state sovereignty auditor shall make an inventory of all federal mandates and federal encroachment on the state. The federal mandate/federal encroachment on state sovereignty auditor shall make a calculation of the cost of these federal mandates to the different levels of government.

(B) The federal mandate/federal encroachment on state sovereignty auditor shall issue a report by January 30th of each year, which shall contain:

(1) A summary of the cost of federal mandates on the state as well as full detail on cost by program and agency;

(2) A review of federal laws that exceed federal authority.

(3) The voting records of each member of the state’s congressional delegation on all bills containing federal mandates and exceedences of federal authority.

(C) The report prepared pursuant to this section shall be sent to:

(1) The Governor;

(2) The state’s United States Senators and Representatives;

(3) All members of the state legislature.

Section 6. {Ad Hoc Reports.}

Upon request of the Governor, the Speaker of the House, the President Pro Tern of the Senate, or the minority leaders of the House or Senate, the federal mandate/encroachment of state sovereignty auditor shall prepare ad hoc reports estimating the cost of federal mandates to the state government and exceedence of federal authority in any proposed federal legislation. These reports shall be sent to all officials listed in subsection (C) of Section (5) of this act.

Section 6. {Severability Clause.}

Section 7. {Repealer Clause.}

Section 8. {Effective Date.}