New Model Policies from the 2023 States and Nation Policy Summit
“When our members meet, they always come away with trusted solutions to help individuals, families, and small businesses achieve greater freedom and prosperity."
We recently hosted the 2023 States and Nation Policy Summit in Scottsdale, Arizona. At the meeting, ALEC members approved 31 model policies across our task forces, addressing important issues the states are facing, from human smuggling to online safety.
“I like to call ALEC the good idea factory,” said ALEC CEO Lisa B. Nelson. “When our members meet, they always come away with trusted solutions to help individuals, families, and small businesses achieve greater freedom and prosperity. They do the hard work of governing that is often lacking from our leaders in Washington.”
Our 31 model policies from SNPS are summarized below.
American City County Exchange
Homelessness Crisis Mitigation Act
The County has a critical interest in maintaining the health, safety, and welfare of its residents. As such, it has fallen on the County to take steps to ensure that neither external municipalities nor local businesses attempt to subvert state law and threaten the orderly functioning of this County by improperly operating a homeless shelter without appropriate government authority or resources to care for those in need.
This act will require a two-thirds vote by the Legislature to increase the property tax levy on county residents. It will make any vote to increase property taxes as well as the entire budget process more transparent and accessible to the public by including mandatory livestreaming of public budget meetings. It will also give residents greater opportunities to have their voices heard during the budget process.
Taxpayers should have easy access to the legislative process, as well as the details on how the county is spending their tax dollars and what performance results are achieved for those expenditures. The model policy directs the Department of Finance to create and maintain a searchable budget database website detailing where, for what purpose, and what results are achieved for all taxpayer investments in county government. It is the further intent of the Legislature to make all legislative meetings available to the public by live stream.
Savings Incentive Partnership Program
The Savings Incentive Partnership Program maximizes the conservation of County resources for the benefit of the County and its taxpayers. The Program recognizes that the employees of the County represent a valuable source of ideas for innovative ways to better serve the public. Every employee has the ability to contribute to the management of the County by identifying creative ways to conserve County resources. The Program seeks to recognize these contributions by offering monetary and honorary awards.
Civil Justice
Liability Protection for Employers in a Declared Disaster or Public Emergency Act
The Liability Protection for Employers in a Declared Disaster or Public Emergency Act allows a person (broadly defined to include a natural person, business, association, or governmental entity, or any of their employees or agents) to operate during a declared disaster or public emergency and beyond without the threat of civil liability or professional disciplinary action if the person complied with or made a good faith effort to comply with applicable federal, state, or local regulations, executive orders, or guidance or complied with applicable federal or state statutes passed or issued in response to the disaster or public emergency. Where competing but inconsistent statutes, regulations, executive orders or guides apply to a person’s activity, liability can be avoided through compliance with or a good faith effort to comply with any applicable federal, state, or local regulations, executive orders, or guidance or through compliance with any applicable federal or state statutes passed or issued in response to the disaster or public emergency. Civil liability and professional disciplinary action for any action or inaction as a result of, in response to, or arising out of a disaster or emergency declared at the federal, state, or local level shall be limited to recklessness or willful misconduct in the absence of statutes, regulations, executive orders, or guidance passed or issued in response to the disaster or public emergency and applicable to the activity at issue.
Model Act on Private Enforcement of Consumer Protection Statutes
State consumer protection statutes, frequently known as “unfair and deceptive trade practices acts,” vary widely from state to state. ALEC’s Model Act on Private Enforcement of Consumer Protection Statutes structures the private right of action under such laws to reflect sound public policy. Legislation based on the model act must be carefully drafted to fit within the state’s existing statutory scheme. Cross-references to the state’s existing definition of an unlawful act or practice, optional language, and language that may be altered to fit the preference of the sponsor or consistency with state law are presented in brackets.
The Noneconomic Damage Awards Act provides that an award for noneconomic damages shall not exceed a fixed amount adopted by the legislature or the amount awarded in economic damages, whichever amount is greater. Economic damages, such as medical expenses and lost income, are fully compensated and are not subject to the limitation.
The Trespasser Responsibility Act provides that land possessors owe no duty of care to trespassers and are not liable for harms to trespassers except in limited situations that are recognized in the common law of most states. The model act reflects the common law’s status-based approach to land possessor duties with respect to invitees, licensees, and trespassers. The act is a response to recent “reformist” efforts to replace the historical status-based approach with a unitary standard imposing on land possessors a duty to exercise reasonable care to all entrants, including trespassers in situations in which liability traditionally has not been imposed. The act would prevent trespassers from being elevated to the same legal status as non-trespassers in situations where tort law previously treated trespassers differently out of respect for the rights of property owners and sound public policy. The proposal would protect land possessors from costly litigation and unpredictable liability. The proposal would particularly benefit those who own or rent residential property. The model act also would reinforce the notion of trespasser personal responsibility and promote the traditional right of land possessors to have exclusive control over their land.
Resolution Opposing Unfair and Unbalanced Insurance and “Bad Faith” Legislation
This resolution is responsive to efforts by the plaintiffs’ bar, represented by the Association of American Justice (formerly the Association of Trial Lawyers of America) and its state-level affiliates, to enact legislation that undermines settled principles of contract law by unreasonably expanding the liability of insurance companies for so-called “bad faith” in claims handling and processing. These efforts seek to create new or expansive private causes of action, lower existing viable and fair standards that need to be met in order to file an action, and allow for recovery of additional penalties, including damages multipliers, punitive damages and one-way attorneys’ fees. The plaintiffs’ bar has been successful in getting such legislation passed in a few states and has actively advocated for passage in many more.
Commerce, Insurance and Economic Development
Resolution Supporting Access to Safe and Reliable Payments Systems
This resolution supports a robust payments system grounded in American values and opposes the Credit Card Competition Act (CCCA), which is government overreach into the wallets of American consumers and small businesses. CCCA places the routing of credit card transactions under the purview of the federal government and central bank, puts the privacy of cardholders at risk, and eliminates card rewards programs. Imposing government mandates such as the Durbin Amendment not only violates free market principles but negatively impacts community financial institutions, undermining personal privacy and access to credit. Americans, regardless of their economic status or geographic location, deserve access to the most robust, secure, and reliable payment system that the free market can offer.
Resolution on Directory Enforcement
This resolution encourages states to suppress illegal nicotine vapor products by requiring manufacturers to verify that their products comply with Federal regulations, by creating a public list of compliant products, and by taking action against the sale and distribution of noncompliant products.
This policy prohibits conservation officers from accessing private land without having the landowner’s permission or a warrant, excluding certain situations including emergencies. It also addresses evidence, arrests, and damages resulting from the trespass and excludes the officers who violate this policy from qualified immunity.
This model policy would require rules and regulations to automatically sunset after five years, unless the rules or regulations are amended or reapproved by the state legislature or subject to a different termination schedule.
Amendments to the Accessory Dwelling Units Act
The following model policy authorizes the construction of accessory dwelling units (ADUs) on residential property, outlines the building and land requirements for such dwellings, the permitting processes, and, when applicable, a preemption of local laws prohibiting the construction of such dwellings.
Relating to the promotion of the development of public-use vertiports; establishing policy of state; defining “vertiport”; providing for applicability of article; establishing requirements for vertiport design and performance characteristics and vertiport layout plans; prohibiting political subdivisions from exercising zoning and land use authority to grant or permit exclusive rights to vertiport owners or operators; requiring political subdivisions to use zoning and land use authority to promote reasonable access to advanced air mobility operators and public vertiports within their jurisdiction; providing for harmonization of article with federal law.
Communications and Technology
Relating to the promotion of the development of public-use vertiports; establishing policy of state; defining “vertiport”; providing for applicability of article; establishing requirements for vertiport design and performance characteristics and vertiport layout plans; prohibiting political subdivisions from exercising zoning and land use authority to grant or permit exclusive rights to vertiport owners or operators; requiring political subdivisions to use zoning and land use authority to promote reasonable access to advanced air mobility operators and public vertiports within their jurisdiction; providing for harmonization of article with federal law.
Amendments to the Electronic Data Privacy Act
The proliferation of Internet-connected and geolocation-enabled devices presents new challenges for state laws protecting personal information from unauthorized search. This model act aims to provide some clarity for the courts, law enforcement, and consumers by stating that a warrant or exception is required to obtain, access, and use a person’s digital information, whether stored on their own device or with a third party, or prior to search of mobile devices incident to arrest, and obtaining geolocation information. Also, the act requires courts to issue a report on the number of warrants requested and exceptions granted.
This Act affirms and provides certainty that CSAM, even when the visual media has been altered or manipulated, is still punishable under the appropriate state laws already in effect. The Act directs that this violation is punishable under state law without regard to any federal law.
Stop Non-Consensual Distribution of Intimate Deepfake Media Act
This Act is to be added to [state]’s revenge porn statute to extend its coverage to digitally created, maliciously distributed pornography. This Act clarifies that manipulated pornographic media depicting an identifiable person’s face that is digitally substituted on another person’s body, when distributed without authorization of the person and with the intent to cause harm, is unlawful. This resolves uncertainty as to whether malicious, non-consensual deepfake pornography is punishable under state law.
Criminal Justice
Resolution in Support of the Second Chance Act
This resolution supports the funding of provisions of the Second Chance Act, a federal law enacted in 2008 to help states and communities lower their recidivism rates through improving their reentry processes and support systems.
This act would provide sentencing judges with discretion to depart from mandatory minimum sentences for nonviolent offenders who meet specified criteria.
Education and Workforce Development
Virtually Administered Assessments Act
The Virtually Administered Assessments Act allows for virtual schools to virtually administer any required state assessments.
Statement of Principles on School Facility Safety and Security
We recognize the presence of violence every day in America’s schools in across all communities regardless of economic condition or level of school. A holistic and comprehensive approach to bolstering school safety and security is required to address this reality. While there are many causes behind school violence, and many components to the solutions, addressing vulnerabilities at our facilities is one of the areas where we can take immediate action. When other prevention efforts fail, measures that address security vulnerabilities can help deter, limit and enhance the response to school violence. Modern, effective security infrastructure is one of many essential components to a comprehensive approach to school safety. Schools should be the safest environments for our children and those responsible for their care and learning outside of our homes. This does not involve turning our schools into prisons or fortresses, but there is no reason they cannot be as safe as our workplaces and homes. There has not been a death in a school from a fire since the 1950s. That is a direct result of industry and government coming together to create life safety codes based on proven practices and state-of-the-art materials and technologies, and an example of what might be possible from similarly focused efforts to secure our schools. As legislative leaders, policy makers, and responsible corporate citizens our responsibility goes beyond simply good governance. We have a moral obligation to protect our children and those responsible for their care and learning. They are our future.
The “science of reading” is an evidence-based approach to reading instruction that focuses on phonemic awareness, phonics, fluency, vocabulary, and comprehension. It is an alternative to other historical methods of reading instruction that research demonstrates as less effective. The Science of Reading Act requires this method of reading instruction be taught and also creates a literacy endorsement for current and prospective teachers.
Higher Education Capital Projects Transparency Act
The Higher Education Capital Projects Transparency Act requires a public institution of higher education to develop and promulgate procedures for maximum utilization of existing facilities, to make data on the average weekly usage of classrooms and laboratories available on its website in a format clearly comprehensible to the public, and to hold public discussion of each proposed capital construction project exceeding $10,000,000 in total cost, including, but not limited to, evaluation of utilization of existing campus instructional buildings for a period not less than the three years preceding the construction proposal.
Energy, Environment and Agriculture
The Electric Reliability Act will protect reliability by ensuring there are as much or more firm power replacements online before the retirement of firm power. Power plants are closing across the country before new sources of electricity come online, putting Americans at risk of rolling blackouts and ever higher prices. There is also an attempt to replace firm on demand generation with unpredictable part-time wind and solar generation. Because electric grids can store no power, demand must be met with supply immediately. In order to maintain reliability and prevent blackouts, firm power of at least 115% of estimated peak demand is necessary. An additional benefit of this legislation is cost containment. Because electricity shortages drive up consumer costs. When there is not enough electricity available to meet demand, wholesale prices spike. These costly spikes caused by shortages are passed on to consumers, as well as increased costs caused by chronic shortages.
An Act to Prevent Lawsuit Abuse Regarding Ethylene Oxide Emissions
In April 2023, the U.S. Environmental Protection Agency (EPA) proposed a rule under the Clean Air Act regulating ethylene oxide (“ethylene oxide”) emissions for medical device sterilizers. Medical device sterilization represents one-half of one percent (0.5%) of all commercial ethylene oxide use. The industry currently sterilizes 20 billion devices in the United States each year. Ethylene oxide sterilization is the only viable method for heat- or moisture-sensitive materials. The EPA proposed rule is expected to be made final in early 2024. This model legislation would prevent lawsuit abuse by clarifying that medical device sterilizers who are substantially complying or working to substantially comply with EPA regulations are not liable for claims of damages from ethylene oxide exposure. The model legislation would help ensure patients have continued access to sterile lifesaving medical devices.
Statement of Principles on Securing and Protecting Public Utility Infrastructure
The American Legislative Exchange Council (ALEC) acknowledges the pressing issue of securing public utility infrastructure. Incidents of compromise and vulnerability in this critical sector are a stark reflection of the current state of our nation’s security landscape. Threats to utility infrastructure transcend geographical boundaries, affecting urban, suburban, rural, and small-town communities alike, irrespective of economic status or regionality. These threats span across various facets of utility infrastructure, encompassing power grids, water supply systems, and more. Regrettably, the concern over utility infrastructure security is a shared challenge for all Americans. It is imperative to recognize that while high-impact, mass-scale incidents in this sector are relatively low in probability, their consequences are catastrophic. We have an obligation to protect our critical public utility infrastructure. Therefore, consistent with our mission, we have developed the following principles outlining the priorities and policy considerations for governing the safeguarding of these critical infrastructure assets.
This resolution calls on both the private and public sectors to coordinate with each other to plan and prepare for possible electromagnetic pulses (EMPs), which can negatively impact the electric power grid. Further, since EMP mitigation solutions remain unproven, the resolution encourages states to proceed in a careful and deliberate manner when considering whether to pursue legislative or regulatory approaches to EMP issues.
ALEC Environmental Management and Protection Principles
The goal of these principles is to promote a healthy environmental legacy, preserving wildlife habitat, providing natural beauty and creating opportunities for hiking, hunting, fishing and enjoying natural resources.
This Resolution requests that Congress and the Administration acknowledge and respect the role of states in a federal constitutional republic. It calls on Congress and the Administration to commit to greater consultation with the states and to recognize that cost-benefit and job-impact analyses must be addressed in order to understand how federal regulations impact states and their respective citizens.
Federalism and International Relations
Resolution on Directory Enforcement
This resolution encourages states to suppress illegal nicotine vapor products by requiring manufacturers to verify that their products comply with Federal regulations, by creating a public list of compliant products, and by taking action against the sale and distribution of noncompliant products.
This Resolution requests that Congress and the Administration acknowledge and respect the role of states in a federal constitutional republic. It calls on Congress and the Administration to commit to greater consultation with the states and to recognize that cost-benefit and job-impact analyses must be addressed in order to understand how federal regulations impact states and their respective citizens.
This resolution calls on both the private and public sectors to coordinate with each other to plan and prepare for possible electromagnetic pulses (EMPs), which can negatively impact the electric power grid. Further, since EMP mitigation solutions remain unproven, the resolution encourages states to proceed in a careful and deliberate manner when considering whether to pursue legislative or regulatory approaches to EMP issues.
Homeland Security
Statement of Principles on Securing and Protecting Public Utility Infrastructure
The American Legislative Exchange Council (ALEC) acknowledges the pressing issue of securing public utility infrastructure. Incidents of compromise and vulnerability in this critical sector are a stark reflection of the current state of our nation’s security landscape. Threats to utility infrastructure transcend geographical boundaries, affecting urban, suburban, rural, and small-town communities alike, irrespective of economic status or regionality. These threats span across various facets of utility infrastructure, encompassing power grids, water supply systems, and more. Regrettably, the concern over utility infrastructure security is a shared challenge for all Americans. It is imperative to recognize that while high-impact, mass-scale incidents in this sector are relatively low in probability, their consequences are catastrophic. We have an obligation to protect our critical public utility infrastructure. Therefore, consistent with our mission, we have developed the following principles outlining the priorities and policy considerations for governing the safeguarding of these critical infrastructure assets.
Statement of Principles on School Facility Safety and Security
We recognize the presence of violence every day in America’s schools in across all communities regardless of economic condition or level of school. A holistic and comprehensive approach to bolstering school safety and security is required to address this reality. While there are many causes behind school violence, and many components to the solutions, addressing vulnerabilities at our facilities is one of the areas where we can take immediate action. When other prevention efforts fail, measures that address security vulnerabilities can help deter, limit and enhance the response to school violence. Modern, effective security infrastructure is one of many essential components to a comprehensive approach to school safety. Schools should be the safest environments for our children and those responsible for their care and learning outside of our homes. This does not involve turning our schools into prisons or fortresses, but there is no reason they cannot be as safe as our workplaces and homes. There has not been a death in a school from a fire since the 1950s. That is a direct result of industry and government coming together to create life safety codes based on proven practices and state-of-the-art materials and technologies, and an example of what might be possible from similarly focused efforts to secure our schools. As legislative leaders, policy makers, and responsible corporate citizens our responsibility goes beyond simply good governance. We have a moral obligation to protect our children and those responsible for their care and learning. They are our future.
Act to Designate Human Smuggling as a State Crime
This Act is meant to strengthen current state law to punish those engaged in crimes against persons including the designation of human smuggling and aggravated human smuggling as crimes.
Tax and Fiscal Policy
This act will require a two-thirds vote by the Legislature to increase the property tax levy on county residents. It will make any vote to increase property taxes as well as the entire budget process more transparent and accessible to the public by including mandatory livestreaming of public budget meetings. It will also give residents greater opportunities to have their voices heard during the budget process.
Taxpayers should have easy access to the legislative process, as well as the details on how the county is spending their tax dollars and what performance results are achieved for those expenditures. The model policy directs the Department of Finance to create and maintain a searchable budget database website detailing where, for what purpose, and what results are achieved for all taxpayer investments in county government. It is the further intent of the Legislature to make all legislative meetings available to the public by live stream.
Savings Incentive Partnership Program
The Savings Incentive Partnership Program maximizes the conservation of County resources for the benefit of the County and its taxpayers. The Program recognizes that the employees of the County represent a valuable source of ideas for innovative ways to better serve the public. Every employee has the ability to contribute to the management of the County by identifying creative ways to conserve County resources. The Program seeks to recognize these contributions by offering monetary and honorary awards.