Joint Legislative Committee on Federal Mandates Act Exposed

The Joint Legislative Committee on Federal Mandates 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itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.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 Joint Legislative Committee on Federal Mandates Act is designed to protect state sovereignty from federal encroachment by making the states Congressional delegation cognizant of the effect the actions of the federal government have at the state legislative level. Key components to the bill include: joint legislative committee and the annual review of federal activity.

Model Legislation

Section 1. {Short title.}This act shall be known as and may be cited as the Joint Legislative Committee on Federal Mandates Act.

Section 2. {Legislative findings and declarations.}The legislature finds and declares that:

(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) The number of federal mandates imposed upon the states by the United States Congress has alarmingly increased.

(C) The members of the legislature of {insert state) desire to personally protect state sovereignty from federal encroachment as well as communicate with the {insert state) delegation to the United States Congress concerning this critical problem so that our representatives may be completely cognizant of the effect the actions of the federal government have at the state legislative level and may be more sensitive to federal usurpation of state authority.

Section 3. {Joint legislative committee on federal mandates; members; powers and duties.}

(A) A joint legislative committee on federal mandates is established consisting of the President of the Senate, four members of the Senate appointed by the President of the Senate, the Speaker of the House of Representatives and four members of the House of Representatives appointed by the Speaker of the House of Representatives. No more than three members of the Senate or House of Representatives, including the President and Speaker, shall be from the same political party. Members shall serve two year terms ending on the convening of the regular session of the legislature each odd-number year.

(B) The Committee shall meet on the call of the President of the Senate or the Speaker of the House of Representatives, and a majority of the members constitutes a quorum for the transaction of business.

(C) The committee shall:

(1) Review each year the activities of Congress and the federal government including court rulings with regard to any laws, regulations or other actions that may require their state to comply with any federal mandate.

(2) Take any action necessary to protect this state’s constitutional rights and sovereignty against federal mandates.

(3) Arrange for and conduct an annual joint session of the Legislature or a meeting of the Committee and request the attendance of all members of the {insert state) congressional delegation to discuss issues relating to federal mandates and the appropriate use of federal power to influence state policy.

(D) The Committee may utilize legislative staff for research and other services required by committee.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}