Resolution for a Limited Constitutional Convention on Unfunded Mandates Exposed

The Resolution for a Limited Constitutional Convention on Unfunded Mandates is listed under ALEC's Tax and Fiscal Policy Task Force and was included in the 1995 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itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.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

The National Conference of State Legislators recently surveyed state legislative fiscal office for cost information on unfunded federal mandates. The five survey issues chosen for the cost estimate were: the Americans With Disabilities Act, State Medicaid Coverage of Qualified Medicare Beneficiaries, Automatic Child Support Withholding for New Child Support Orders, Fleet Conversion Requirements Under the Energy Act, and Capital Improvements Requirements Under the Safe Drinking Water Act. Twenty-one states responded to the survey and reported a total cost for these mandates of $1,475,340,071 over several years. If large states such as California, Pennsylvania, and New York had been able to respond to the survey, the cost figure reported would have been considerably higher.

This Resolution petitions the U.S. Congress to call a convention for the purpose of proposing an amendment to the U.S. Constitution to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the state by federal law or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law, unless the federal government pays for any necessary increased costs.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Legislative findings.}

The legislature finds and declares that:

(A) The federal government has disproportionately burdened state governments with costly unfunded mandates in many different areas.

(B) These unfunded mandates have become an intolerable strain on the state budget.

(C) These unfunded mandates lead to more government than would come about if the federal government had to pay for the programs it required.

Section 2.

Pursuant to Article V of the Constitution of the United States, the State Legislature petitions the Congress of the United States of America, at its session, to call a convention for the sole and exclusive purpose of proposing an amendment to the Constitution of the United States to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the states by federal law, or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law, unless the federal government pays for any necessary increased costs.

Section 3.

If Congress adopts an amendment containing provisions similar in subject matter and content to that stipulated in Section 1 of this resolution, before 90 days after the legislatures of the required two-thirds of the states have made applications to Congress, then this application for a convention shall no longer be of any force or effect.

Section 4.

With the exception noted in Section 2, this resolution constitutes a continuing application to Congress in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made application for a convention to propose an amendment similar in subject matter and for the sole and exclusive purpose of addressing the subject matter as enumerated in Section 1.

Section 5.

This application shall be deemed null and void, rescinded, and of no effect in the event that a convention called pursuant to this resolution is not limited to the specific and exclusive purpose set forth in Section 1 of this resolution.

Section 6.

Copies of this resolution shall be transmitted by the Secretary of State, to the President of the United States, the President Pro Tempore of the Senate, the Speaker of the United States House of Representatives, and to each member of the (state) delegation to the Congress, and printed copies shall be sent to each house of each state legislature in the United States.

Section 7. {Severability clause.}

Section 8. {Repealer clause.}

Section 9. {Effective date.}

ALEC's 1995 Sourcebook of American State Legislation