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FEDERAL MANDATE/FEDERAL ENCROACHMENTONSTATESOVEREIGNTY UDITACT

Summary

ALECs model Federal Mandate/Federal Encroachment on State Sovereignty Audit Act is designed to serveas an alternative option to ALECs Joint Legislative Committee on Federal Mandates Act. Both are designedto 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: FederalMandate/Federal Encroachm ent o f 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/FederalEncroachment 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 notdelegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the Statesrespectively, or to the people.

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

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

Section 3 . {Definitions.} The following words and phrases when used in this act shall have the meaninggiven to them in this section unless the context clearly indicates otherwise:

(A) Congressional Delegation. All members of the United States Senate and House of Representativesfrom {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 Statesby the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to thepeople.

(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 AuditorPowers & Duties.}

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

(B) The federal mandate/federal encroachment on state sovereignty auditor shall issue a report by January30th of each year, which shall contain:

(1) A summary of the cost of federal m andates on the state as well as full detail on cost by programand agency;

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

(3) The voting records of each member of the states congressional delegation on all bills containingfederal mandates and exceedences of federal authority.

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

(1) The Governor;

(2) The states 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 theminority leaders of the House or Senate, the federal mandate/encroachment of state sovereignty auditor shallprepare ad hoc reports estimating the cost of federal mandates to the state government and exceedence offederal authority in any proposed federal legislation. These reports shall be sent to all officials listed insubsection (C) of Section (5) of this act.

Section 6. {Severability Clause.}

Section 7. {Repealer Clause.}

Section 8. {Effective Date.}

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