https://www.alecexposed.org/w/api.php?action=feedcontributions&user=Alex+Aaron&feedformat=atomALEC Exposed - User contributions [en]2024-03-29T12:15:04ZUser contributionsMediaWiki 1.30.0https://www.alecexposed.org/w/index.php?title=The_Next_Generation_Charter_Schools_Act_Exposed&diff=8524The Next Generation Charter Schools Act Exposed2017-02-06T22:25:58Z<p>Alex Aaron: Created page with "The '''Next Generation Charter Schools Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Environme..."</p>
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<div>The '''Next Generation Charter Schools Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Environment, and Agriculture Task Force] at the 2016 Annual Meeting, approved by the Board of Directors September 12, 2016. (Accessed February 6, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:These amendments and addendum change the Next Generation Charter Schools Act as currently constituted. The proposal makes changes to the composition and power of the Board or Commission that authorizers charter schools, eliminates special distinctions between virtual and non-virtual charter schools, removes a reference to “best practices” of authorizing as determined by the National Association of Charter School Authorizers, and sets forth standards for revoking an authorizers’ ability to open charter schools. It also consolidates this Act with other ALEC model policy on charters, such as the Charter School Growth with Quality Act.<br />
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'''Model Policy'''<br />
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<u>Section 1</u> Title<br />
<br />
The Next Generation Charter Schools Act<br />
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<u>Section 2</u> Declaration of Purpose<br />
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(A) The General Assembly hereby finds and declares that<br />
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:(1) The Charter School Act of [year] as approved by this body has provided students in our state with high-quality public school choices while advancing overall academic excellence[1] and helping to close the achievement gap; and<br />
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:(2) Will provide parents flexibility to choose among diverse educational opportunities within the state’s public school system<br />
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:(3) The demand for quality public school choices in [state] consistently outstrips the supply; and<br />
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:(4) National research and accumulated experience have documented that quality public charter schools best fulfill their potential when they have the resources, autonomy and accountability they need to succeed.<br />
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(B) The General Assembly further finds and declares that the provisions established in this article update and improve [state’s] Charter School Act to meet [state’s] 21st century educational needs.<br />
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<u>Section 3</u> Definitions<br />
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(A) “Charter authorizer” as used in this article means an entity or body established in Section 4 to approve charter schools. An “authorizer” means an entity authorized under this Act to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to renew, not renew, or revoke charter contracts.<br />
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(B) “Charter Board or Commission” means the independent, state-level entity created pursuant to Section 4 as a charter authorizer.<br />
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(C) “Charter applicant” means an eligible person(s), organization, or entity as defined by the Charter School Law that seeks approval from a charter authorizer to found a charter school.<br />
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(D) An “application” means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status.<br />
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(E) A “charter contract” means a fixed-term, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.<br />
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(F) A “conversion public charter school” means a charter school that existed as a non-charter public school before becoming a public charter school.<br />
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(G) An “education service provider” means a for-profit education management organization, non-profit charter management organization, school design provider, or any other partner entity with which a public charter school intends to contract for educational design, implementation, or comprehensive management.<br />
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(H) A “governing Board or Commission” means the independent Board of a public charter school that is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school’s application.<br />
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(I) A “local school Board” means a school board exercising management and control of a local school district pursuant to the state constitution and state statutes.<br />
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(J) A “non-charter public school” means a public school that is under the direct management, governance, and control of a local school board or the state.<br />
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(K) A “parent” means a parent, guardian, or other person or entity having legal custody of a child.<br />
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(L) A “public charter school” means a public school that:<br />
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:(1) Has autonomy over decisions including, but not limited to, matters concerning finance, personnel, scheduling, curriculum, and instruction;<br />
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:(2) Is governed by an independent governing Board or Commission;<br />
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:(3) Is established and operating under the terms of a charter contract between the school’s board and its authorizer;<br />
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:(4) Is a school to which parents choose to send their children;<br />
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:(5) Is a school that admits students on the basis of a lottery if more students apply for admission to any specific grade or program than can be accommodated;<br />
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:(6) Provides a program of education that includes one or more of the following: pre-school,<br />
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pre-kindergarten, any grade or grades from kindergarten through 12th grade, and adult<br />
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community, continuing, and vocational education programs;<br />
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:(7) Operates in pursuit of a specific set of educational objectives as defined in its charter<br />
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contract; and<br />
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:(8) Operates under the oversight of its authorizer in accordance with its charter contract and application.<br />
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(M) A “start-up public charter school” means a public charter school that did not exist as a non-charter public school prior to becoming a public charter school.<br />
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(N) A “student” means any child who is eligible for attendance in public schools in the state.<br />
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(O) A “virtual public charter school” means a public charter school that offers educational services predominantly through an on-line program.<br />
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(P) “School district” means each school district now or hereafter legally organized as a body corporate pursuant to [insert state statute];<br />
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(Q) “State Board or Commission” means the state Board or Commission of education appointed pursuant to [insert state statute].<br />
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<u>Section 4</u> Charter Authorizers<br />
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(A) Upon the effective date of this article and thereafter, a charter applicant seeking to establish a public charter school may submit the charter petition to one of several charter authorizers:<br />
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:(1) The elected governing authority of a county or municipality [define limitations, if any];<br />
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:(2) The mayor of a city [define limitations, if any];<br />
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:(3) Any school district located in the state;<br />
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:(4) The state Board or Commission of education;<br />
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:(5) The board of trustees of a two- or four-year institution of higher learning as defined by [insert state statute], as described in Subsection 4(B);<br />
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:(6) The Public Charter School Board or Commission established in Subsection 4(C).<br />
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(B) Establishment – University Authorizer<br />
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:(1) In general, there is established within the state public university authorizers.<br />
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:(2) The ultimate responsibility for choosing to sponsor a charter school and responsibilities for maintaining sponsorship shall rest with the university’s board of trustees.<br />
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:(3) Notwithstanding Subsection (2), the university’s board of trustees may vote to assign sponsorship authority and sponsorship responsibilities to another person or entity that functions under the direction of the university’s board.<br />
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:(4) Before a university may sponsor a charter school, the university must conduct a public meeting with public notice in the county where the charter school will be located.<br />
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(C) Establishment – Public Charter School Board or Commission. <br />
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:(1) There is established within the state a Public Charter School Board or Commission (in this section referred to as the “Board or Commission”).<br />
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:(2) The mission of the Board or Commission shall be to authorize high-quality public charter schools throughout the state consistent with the intent of this Act.<br />
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:(3) The Board or Commission shall consist of nine members, no more than five of whom shall be members of the same political party. Three members shall be appointed by the Governor; two members shall be appointed by the President of the Senate and one member by the Senate Minority Leader; two members shall be appointed by the Speaker of the House of Representatives and one by the Minority Leader of the House of Representatives. In making the appointments, the appointees shall ensure statewide geographic diversity among Board or Commission members.<br />
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:(4) Members appointed to the Board or Commission shall collectively possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. All members of the Board or Commission shall have demonstrated understanding of and commitment to charter schooling as a strategy for strengthening public education by providing additional high-quality choices.<br />
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:(5) To establish staggered terms of office, the first appointment of the Governor, the first appointment of the President of the Senate and the first appointment of the Speaker of the House shall serve an initial term of four years; the second appointment by the Governor and the first appointment of the Senate Minority Leader and the Minority Leader of the House shall serve an initial term of three years; all remaining appointments shall serve an initial term of two years. The initial appointments shall be made no later than 30 days after the effective date of this Act. Members may be reappointed, however no member shall be appointed to a new term after the member has served seven consecutive years.<br />
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:(6) A member of the Board or Commission may be removed for any cause that renders the member incapable or unfit to discharge the duties of the office. Whenever a vacancy on the Board or Commission exists, the original appointing authority shall appoint a member for the remaining portion of the term.<br />
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(J) Operations of the Board or Commission. –<br />
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:(a) Chair. – The members of the Board or Commission shall elect from among their membership 1 individual to serve as Chair. Such election shall be held each year after members of the Board or Commission have been appointed to fill any vacancies caused by the regular expiration of previous members’ terms, or when requested by a majority vote of the members of the Board or Commission.<br />
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:(b) Quorum. – A majority of the members of the Board or Commission, not including any positions that may be vacant, shall constitute a quorum sufficient for conducting the business of the Board or Commission.<br />
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:(c) Meetings. – The Board or Commission shall meet at the call of the Chair, subject to the hearing requirements of [cite statute here].<br />
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(K) No compensation for service. – Members of the Board or Commission shall serve without pay, but may receive reimbursement for any reasonable and necessary expenses incurred by reason of service on the Board or Commission.<br />
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(L) Personnel and resources. –<br />
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:(a) In general. – Subject to such rules as may be made by the Board or Commission, the Chair shall have the power to appoint, terminate, and fix the pay of an Executive Director and such other personnel of the Board or Commission as the Chair considers necessary.<br />
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:(b) Special rule. – The Board or Commission is authorized to use the services, personnel, and facilities of the state of [insert state].<br />
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(M) Expenses of Board or Commission. – Any start-up expenses of the Board or Commission shall be paid from such funds as may be available to the State Department of Education; provided, that within 45 days of [implementation date], the State Department of Education shall make available not less than $130,000 to the Board or Commission.<br />
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(N) Audit. – The Board or Commission shall provide for an audit of the financial statements of the Board or Commission by an independent certified public accountant in accordance with Government auditing standards for financial audits issued by the Comptroller General of the United States.<br />
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(O) Authorization of appropriations. – For the purpose of carrying out the provisions of this section and conducting the Board or Commission’s functions required by this Subchapter, there are authorized to be appropriated to the Board or Commission $300,000 for fiscal year [date] and such sums as may be necessary for each of the 3 succeeding fiscal years.<br />
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(P) Authorizer Funding<br />
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:(1) To cover authorizer costs for overseeing public charter schools in accordance with this Act, the state shall remit to each authorizer an oversight fee for each public charter school it authorizes. The oversight fee shall be drawn from and calculated as a uniform percentage of the per-student operational funding allocated to each public charter school, not to exceed three percent of each public charter school’s per-student funding in a single school year. The state shall establish a statewide formula for authorizer funding, which shall apply uniformly to every authorizer in the state. The state legislature may establish a sliding scale for authorizer funding, with the funding percentage decreasing after the authorizer has achieved a certain threshold, such as after a certain number of years of authorizing or after a certain number of schools has been authorized.<br />
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:(2) An authorizer’s oversight fee shall not include any costs incurred in delivering services that a public charter school may purchase at its discretion from the authorizer. The authorizer shall use its funding provided under this section exclusively for the purpose of fulfilling authorizing obligations in accordance with this Act.<br />
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(Q) The Board or Commission shall operate with dedicated resources and staff qualified to execute the day-to-day responsibilities of public charter school authorizing in accordance with this Act.<br />
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(R) The Board or Commission shall annually submit to the Legislature a report summarizing:<br />
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:(1) The academic and financial performance of all operating public charter schools overseen by the Board or Commission, according to the performance expectations for public charter schools set forth in this Act;<br />
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:(2) The status of the Board or Commission’s public charter school portfolio, identifying all public charter schools in each of the following categories: approved (but not yet open), operating, renewed, transferred, revoked, not renewed, voluntarily closed, or never opened; and,<br />
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:(3) The authorizing functions provided by the Board or Commission to the public charter schools under its purview, including its operating costs and expenses detailed in annual audited financial statements that conform with Generally Accepted Accounting Principles.<br />
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A charter authorizer shall:<br />
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:(1) Receive applications, evaluate applications to ensure they meet the minimal requirements set forth by statute, and make approval and denial decisions;<br />
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:(2) Execute contracts, incorporating and consistent with approved applications, between the authorizer and public charter schools detailing the rights and responsibilities of the authorizer and the charter school and setting forth the academic and operational performance expectations and measures by which the charter school will be judged. The authorizer may choose to make the approved application the charter contract;<br />
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:(3) Monitor on a regular basis the performance of the charter schools it oversees;<br />
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:(4) Establish, through formal rulemaking, renewal and revocation criteria and processes for the charter schools it oversees.<br />
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<u>Section 5</u> Application Process<br />
(1) In reviewing and evaluating charter applications, authorizers shall employ procedures, practices, and criteria consistent with the purposes of this Act. The application review process shall include thorough evaluation of each written charter application, an in-person interview with the applicant group, and an opportunity in a public forum for local residents to learn about and provide input on each application. The authority shall provide each applicant with its detailed analysis of the application, and grant the applicant a reasonable time to provide additional materials and amendments to its application to address any identified deficiencies.<br />
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(2) In deciding whether to approve charter applications, authorizers shall:<br />
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:(a) Grant charters only to applicants that have demonstrated competence in each element of the authorizer’s published approval criteria and are likely to open and operate a successful public charter school;<br />
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:(b) Base decisions on documented evidence collected through the application review process;<br />
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:(c) Follow charter-granting policies and practices that are transparent, based on merit, and avoid conflicts of interest or any appearance thereof.<br />
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(3) No later than [INSERT NUMBER OF DAYS] after the filing of a charter application, the authorizer shall decide to approve or deny the charter application. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting of the authorizer’s governing board.<br />
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(4) An approval decision may include, if appropriate, reasonable conditions that the charter applicant must meet before a charter contract may be executed pursuant to Section 3, (E) of this Act. However, such conditions may not include enrollment caps or operational requirements that in any manner contradict this Act.<br />
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(5) For any charter denial, the authorizer shall clearly state, for public record, its reasons for denial. A denied applicant may subsequently re-apply to that authorizer or apply to any other authorizer in the state.<br />
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(6) Within [INSERT NUMBER OF DAYS] of taking action to approve or deny a charter application, the authorizer shall report to the state department of education the action it has taken. The authorizer shall provide a copy of the report to the charter applicant at the same time that the report is submitted to the state department of education. The report shall include a copy of the authorizer governing board’s resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the procedural requirements and application elements set forth in Section 3 of this Act.<br />
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(C) Renewals, Revocations, and Non-renewals<br />
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(1) A charter may be renewed for successive five-year terms of duration, although the authorizer may vary the term based on the performance, demonstrated capacities, and particular circumstances of each public charter school. An authorizer may grant renewal with specific conditions for necessary improvements to a public charter school, but may not impose conditions inconsistent with this Act.<br />
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(2) No later than [INSERT DATE], the authorizer shall issue a public charter school performance report and charter renewal application guidance to any public charter school whose charter will expire the following year. The performance report shall summarize the public charter school’s performance record to date, based on the data required by this Act and the charter contract, and shall provide notice of any weaknesses or concerns related to the public charter school that may jeopardize its position in seeking renewal if not timely rectified. The public charter school shall have [INSERT NUMBER OF DAYS] to respond to the performance report and submit any corrections or clarifications for the report.<br />
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(3) The renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to:<br />
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:(a) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;<br />
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:(b) Describe improvements undertaken or planned for the school; and<br />
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:(c) Detail the school’s plans for the next charter term.<br />
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:(4) The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer’s renewal decisions, which shall be based on the performance framework set forth in the charter contract and consistent with this Act.<br />
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:(5) No later than [INSERT DATE], the governing board of a public charter school seeking renewal shall submit a renewal application to the charter authorizer pursuant to the renewal application guidance issued by the authorizer. The authorizer shall rule by resolution on the renewal application no later than [INSERT NUMBER OF DAYS] after the filing of the renewal application.<br />
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:(6) In making charter renewal decisions, every authorizer shall:<br />
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:(a) Ground its decisions in evidence of the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;<br />
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:(b) Ensure that data used in making renewal decisions are available to the school and the public; and<br />
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:(c) Provide a public report summarizing the evidence basis for each decision.<br />
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:(7) A charter contract may be revoked at any time or not renewed if the authorizer determines that the public charter school did any of the following or otherwise failed to comply with the provisions of this Act:<br />
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:(a) Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required under this Act or the charter contract, and has persistently failed to correct the violation after fair and specific notice from the authorizer;<br />
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:(b) Fails to meet or make progress toward the performance expectations set forth in the charter contract;<br />
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:(c) Fails to meet generally accepted standards of fiscal management, and has failed to correct the violation after fair and specific notice from the authorizer; or<br />
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(d) Substantially violates any material provision of law from which the public charter school was not exempted and has failed to correct the violation after fair and specific notice from the authorizer.<br />
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(e) In the case of a violation that threatens the health and safety of the students of any public charter school or if members of the public charter school committed a material violation of the law, the authorizer may take immediate action.<br />
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(8) An authorizer must develop revocation and non-renewal processes that:<br />
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(a) Provide the charter holders with a timely notification of the prospect of revocation or non-renewal and of the reasons for such possible closure;<br />
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(b) Allow the charter holders a reasonable amount of time in which to prepare a response;<br />
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(c) Provide the charter holders with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose;<br />
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(d) Allow the charter holders access to representation by counsel and to call witnesses on their behalf;<br />
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(e) Permit the recording of such proceedings; and<br />
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(f) After a reasonable period for deliberation, require a final determination be made and conveyed in writing to the charter holders.<br />
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(9) If an authorizer revokes or does not renew a charter, the authorizer shall clearly state, in a resolution of its governing board, the reasons for the revocation or nonrenewal.<br />
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(10) Within [INSERT NUMBER OF DAYS] of taking action to renew, not renew, or revoke a charter, the authorizer shall report to the state department of education the action taken, and shall provide a copy of the report to the public charter school at the same time that the report is submitted to the state department of education.<br />
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The report shall include a copy of the authorizer governing board’s resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the requirements set forth in this Act.<br />
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(D) School Closure and Dissolution<br />
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(1) Prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this Act. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.<br />
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(2) In the event of a public charter school closure for any reason, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school, and then to the state treasury to the credit of the general revenue fund. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law. <br />
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<u>Section 6</u> Operations and Autonomy<br />
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(A) A charter school is a public school and is part of the state’s system of public education. Except as provided in [add relevant citation in state code], a charter school is exempt from all statutes and rules applicable to a school, a Board or Commission, or a district, although it may elect to comply with one or more provisions of statutes or rules.<br />
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(B) Open Enrollment and Requirements<br />
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(1) A public charter school shall be open to any student who is eligible for attendance in public schools in the state.<br />
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(2) A school district shall not require any student enrolled in the school district to attend a public charter school.<br />
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(3) A public charter school shall not limit admission based on ethnicity, national origin, religion, gender, income level, disabling condition, proficiency in the English language, or academic or athletic ability.<br />
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(4) A public charter school may limit admission to students within a given age group or grade level and may be organized around a special emphasis, theme, or concept as stated in the school’s application.<br />
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(5) A public charter school shall enroll all students who wish to attend the school, unless the number of students exceeds the capacity of a program, class, grade level, or building.<br />
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(6) If capacity is insufficient to enroll all students who wish to attend any specific grade level or program at the school, the public charter school shall select students through a lottery.<br />
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(C) Enrollment Preferences<br />
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(1) Any non-charter public school converting partially or entirely to a public charter school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance area of that public school.<br />
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(2) A public charter school shall give enrollment preference to students enrolled in the public charter school the previous school year and to siblings of students already enrolled in the public charter school. An enrollment preference for returning students excludes those students from entering into a lottery.<br />
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(3) A public charter school may give enrollment preference to children of a public charter school’s founders, governing Board or Commission members, and full-time employees, so long as they constitute no more than 10 percent of the school’s total student population.<br />
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(4) This section does not preclude the formation of a public charter school whose mission is focused on serving students with disabilities, students of the same gender, students who pose such severe disciplinary problems that they warrant a specific educational program, or students who are at risk of academic failure. If capacity is insufficient to enroll all students who wish to attend such school, the public charter school shall select students through a lottery.<br />
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(D) Credit Transferability<br />
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(1) If a student who was previously enrolled in a public charter school enrolls in another public school in this state, the student’s new school shall accept credits earned by the student in courses or instructional programs at the public charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other public schools.<br />
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(D) Information to Parents and the General Public<br />
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(1) A school district shall provide or publicize to parents and the general public information about public charter schools authorized by the district as an enrollment option within the district to the same extent and through the same means that the district provides and publicizes information about non-charter public schools in the district.<br />
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(E) Determination of Student Capacity of Public Charter Schools<br />
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(1) An authorizer may not restrict the number of students a public charter school may enroll. The capacity of the public charter school shall be determined annually by the governing Board or Commission of [Board or Commission’s contract with] the public charter school and in consideration of the public charter school’s ability to facilitate the academic success of its students, to achieve the other objectives specified in the charter contract, and to ensure that its student enrollment does not exceed the capacity of its facility or site. [An authorizer is required to hear amendments concerning enrollment annually.]<br />
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(F) Legal Status of Public Charter School<br />
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(1) Notwithstanding any provision of law to the contrary, to the extent that any provision of this Act is inconsistent with any other state or local law, rule, or regulation, the provisions of this Act shall govern and be controlling.<br />
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(2) A public charter school shall be a non-profit education organization. <br />
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Moved to Section 3 definitions<br />
(3) A public charter school shall be subject to all federal laws and authorities enumerated herein [by state law] or arranged by charter contract with the school’s authorizer, where such contracting is consistent with applicable laws, rules, and regulations. [Nothing in the charter contract should contradict state or federal law.]<br />
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(4) Except as provided in this Act, a public charter school shall not be subject to the state’s education statutes or any state or local rule, regulation, policy, or procedure relating to non- charter public schools within an applicable local school district regardless of whether such rule, regulation, policy, or procedure is established by the local school Board or Commission, the state Board or Commission of education, or the state department of education.<br />
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(5) A charter contract may consist of one or more schools, to the extent approved by the authorizer and consistent with applicable law. Each public charter school that is part of a charter contract shall be separate and distinct from any others. (6) A single governing Board or Commission may hold one or more charter contracts. Each public charter school that is part of a charter contract shall be separate and distinct from any others.<br />
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(G) Local Educational Agency Status [The 44 jurisdictions with public charter school laws vary greatly in how they address the local educational agency (LEA) status of public charter schools. In this model legislation, we provide two options for handling this issue in state law. Option one is the preferred method, but option two is available if necessary for state consideration.]<br />
<br />
OPTION 1: A PUBLIC CHARTER SCHOOL IS A LOCAL EDUCATIONAL AGENCY<br />
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(1) A public charter school shall function as a Local Educational Agency (“LEA”). A public charter school shall be responsible for meeting the requirements of LEAs under applicable federal, state, and local laws, including those relating to special education. LEA status shall not preclude a public charter school from developing partnerships with districts for services, resources, and programs by mutual agreement or formal contract.<br />
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(2) A public charter school shall have primary responsibility for special education at the school, including identification and service provision. It shall be responsible for meeting the needs of enrolled students with disabilities. In instances where a student’s individualized education program team determines that a student’s needs are so profound that they cannot be met in the public charter school and that the public charter school cannot provide a free, appropriate public education to that student, the student’s district of residence shall place the student in a more appropriate setting.<br />
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OPTION 2: A PUBLIC CHARTER SCHOOL IS NOT A LOCAL EDUCATIONAL AGENCY<br />
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(1) The [INSERT NAME OF ENTITY] of a public charter school is the public charter school’s Local Educational Agency (“LEA”). A public charter school is a school with that LEA.<br />
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(2) The [INSERT NAME OF ENTITY] retains responsibility for special education and shall serve students in public charter schools in a manner consistent with LEA obligations under applicable federal, state, and local law.<br />
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(H) Powers of Public Charter School<br />
<br />
(1) A public charter school shall have all the powers necessary for carrying out the terms of its charter contract including the following powers:<br />
<br />
(a) To receive and disburse funds for school purposes;<br />
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(b) To secure appropriate insurance and to enter into contracts and leases, free from prevailing wage laws;<br />
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(c) To contract with an education service provider for the management and operation of the public charter school so long as the school’s governing Board or Commission retains oversight authority over the school, as specified in this Act;<br />
<br />
(d) To incur debt in reasonable anticipation of the receipt of public or private funds;<br />
<br />
(e) To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit;<br />
<br />
(f) To solicit and accept any gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;<br />
<br />
(g) To acquire real property for use as its facility or facilities, from public or private sources; and,<br />
<br />
(h) To sue and be sued in its own name.<br />
<br />
(i) To employ or contract with other entities for the provision of teaching, professional, and support staff as needed.<br />
<br />
<br />
<br />
(I) General Requirements<br />
<br />
(1) A public charter school shall not discriminate against any person on the basis of race, creed, color, sex, disability, or national origin or any other category that would be unlawful if done by a non-charter public school.<br />
<br />
(2) No public charter school may engage in any sectarian practices in its educational program, admissions or employment policies, or operations.<br />
<br />
(3) A public charter school shall not discriminate against any student on the basis of national- origin minority status or limited proficiency in English. Consistent with federal civil rights laws, public charter schools shall provide limited English proficient students with appropriate services designed to teach them English and the general curriculum.<br />
<br />
(4) A public charter school shall not charge tuition and may only charge such fees as may be imposed on other public schools in the state.<br />
<br />
(5) The powers, obligations, and responsibilities set forth in the charter contract cannot be delegated or assigned by either party.<br />
<br />
(J) Applicability of Other Laws, Rules, and Regulations<br />
<br />
(1) Public charter schools shall be subject to the same civil rights, health, and safety requirements applicable to other public schools in the state, except as otherwise specifically provided in this Act.<br />
<br />
(2) Public charter schools shall be subject to the student assessment and accountability requirements applicable to other public schools in the state, but nothing herein shall preclude a public charter school from establishing additional student assessment measures that go beyond state requirements if the school’s authorizer approves such measures.<br />
<br />
(3) Public charter school governing Board or Commissions shall be subject to and comply with state open meetings and freedom of information laws.<br />
<br />
(K) Public Charter School Employees<br />
<br />
(1) If a public charter school governing board chooses to employ staff, the public charter school Public charter schools shall comply with applicable federal laws, rules, and regulations regarding the qualification of teachers and other instructional staff. In accordance with Section 2, (G), (4), teachers in public charter schools shall be exempt from state teacher certification requirements.<br />
<br />
(2) Employees of a public charter schools to the extent the school employs staff, shall have the same rights and privileges as other public school employees except as otherwise stated herein.<br />
<br />
(3) Employees of a public charter schools, to the extent the school employs staff, are eligible for participation in retirement and other benefits programs of the state, if the public charter school chooses to participate.<br />
<br />
(4) Teachers and other school personnel, no matter what entity employs them, as well as governing board of trustees, shall be subject to criminal history record checks and fingerprinting requirements applicable to other public schools.<br />
<br />
(5) Public charter school employees cannot be required to be members of any existing collective bargaining agreement between a school district and its employees. A public charter school may not interfere, however, with laws and other applicable rules protecting the rights of employees to organize and be free from discrimination.<br />
<br />
(L) Access to Extra-Curricular and Interscholastic Activities<br />
<br />
(1) A public charter school shall be eligible for state-sponsored or district-sponsored interscholastic leagues, competitions, awards, scholarships, and recognition programs for students, educators, administrators, and schools to the same extent as non-charter public schools.<br />
<br />
(2) A public charter school student is eligible to participate in extracurricular activities not offered by the student’s school at:<br />
<br />
(a) The school within whose attendance boundaries the student’s custodial parent or legal guardian resides; or<br />
<br />
(b) The non-charter public school from which the student withdrew for the purpose of attending a public charter school.<br />
<br />
(3) A public charter school student is eligible for extracurricular activities at a non-charter public school consistent with eligibility standards as applied to full-time students of the non- charter public school. (4) A school district or non-charter public school may not impose additional requirements on a public charter school student to participate in extracurricular activities that are not imposed on full-time students of the non-charter public school.<br />
<br />
(5) When selection to participate in an extracurricular activity at a non-charter public school is made on a competitive basis, a public charter school student is eligible to try out for and participate in the activity as provided in this section.<br />
<br />
(6) The state Board or Commission of education shall make rules establishing fees for public charter school students’ participation in extracurricular activities at non-charter public schools. The rules shall provide that:<br />
<br />
(a) Public charter school students pay the same fees as other students to participate in extracurricular activities;<br />
<br />
(b) Public charter school students are eligible for fee waivers similar to other students;<br />
<br />
(c) For each public charter school student who participates in an extracurricular activity<br />
<br />
at a non- charter public school, the public charter school shall pay a share of the non- charter public school’s costs for the extracurricular activity; and<br />
<br />
(d) A public charter school’s share of the costs of having one or more students participate in an extracurricular activity at non-charter public schools shall reflect state and local tax revenues expended, except capital facilities expenditures, for such extracurricular activities in a non-charter public school divided by total student enrollment of the non-charter public school.<br />
<br />
(7) In determining a public charter school’s share of the costs of an extracurricular activity under Subsections (6)(c) and (d), the state Board or Commission of education may establish uniform fees statewide based on average costs statewide or average costs within a sample of school districts.<br />
<br />
<u>Section 6</u> Equitable Funding<br />
<br />
(A) A charter school is a public school and is part of the state’s system of public education. A charter school shall receive funding for each of its pupils from federal, state and local sources that is equal to the amount that a traditional public school would receive for that same pupil.<br />
<br />
[The 44 jurisdictions with public charter school laws vary greatly in how they fund public charter schools. In this model legislation, we provide three options for handling this issue in state law. In the first option, funding flows from the state to school districts to public charter schools. In the second option, funding flows from the state directly to public charter schools. In the third option, funding flows from the state to authorizers to public charter schools. It is preferred that all federal, state, and local dollars follow a student to a public charter school.]<br />
<br />
OPTION 1: FUNDING FLOWS FROM THE STATE TO SCHOOL DISTRICTS TO PUBLIC CHARTER SCHOOLS<br />
<br />
(B) Enrollment<br />
<br />
(1) The enrollment of students attending public charter schools shall be included in the enrollment, attendance, and, if applicable, count of students with disabilities of the school district in which the student resides. The public charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall report such enrollment, attendance, and count of students with disabilities to the state department of education.<br />
<br />
(C) Operational Funding<br />
<br />
(1) The school district of residence shall pay directly to the public charter school for each student enrolled in the public charter school who resides in the school district an amount of state and local<br />
<br />
dollars for that student equal to one hundred percent of the amount calculated pursuant to the state’s funding formula for school districts, notwithstanding any oversight fee reductions pursuant to this Act.<br />
<br />
(D) Payment Schedule<br />
<br />
(1) Payments made pursuant to this section shall be made by school districts in twelve substantially equal installments each year beginning on the first business day of July and every month thereafter. Amounts payable under this section shall be determined by the state department of education. Amounts payable to a public charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter contract. Such projections shall be reconciled with the actual enrollment at the end of the school’s first year of operation, and any necessary adjustments shall be made to payments during the school’s second year of operation.<br />
<br />
(E) Sanctions for Failure to Make Payments<br />
<br />
(1) In the event of the failure of a school district to make payments required by this section, the state treasurer shall deduct from any state funds which become due to such school district an amount equal to the unpaid obligation. The treasurer shall pay over such sum to the public charter school upon certification of the state department of education. The state department of education shall promulgate regulations to implement the provisions of this section.<br />
<br />
(F) Categorical Funding<br />
<br />
(1) A school district shall direct the proportionate share of moneys generated under federal and state categorical aid programs to public charter schools serving students eligible for such aid. A school district shall ensure that public charter schools with rapidly expanding enrollments are treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each public charter school that serves students who may be eligible to receive services provided through such programs shall comply with all reporting requirements to receive the aid.<br />
<br />
(G) Special Education Funding<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE THEIR OWN LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) A school district shall pay directly to a public charter school any federal or state aid attributable to a student with a disability attending the school.<br />
<br />
(2) At either party’s request, a public charter school and its authorizer may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services.<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE PART OF NON-DISTRICT AUTHORIZER LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) A school district shall pay directly to a public charter school any federal or state aid attributable to a student with a disability attending the school.<br />
<br />
(2) A public charter school shall pay to its authorizer any federal or state aid attributable to a student with a disability attending a public charter school in proportion to the level of services for such student that the authorizer provides directly or indirectly.<br />
<br />
(3) At either party’s request, a public charter school and its authorizer may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services, including, but not necessarily limited to, a reasonable reserve not to exceed five percent of the authorizer’s total budget for providing special education services. The reserve shall only be used by the authorizer to offset excess costs of providing services to students with disabilities enrolled in one of its public charter schools.<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE PART OF SCHOOL DISTRICT LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) The school district shall provide special education services to students enrolled in public charter schools on the same basis as such services are provided to students enrolled in other public schools of the school district.<br />
<br />
(2) The school district shall retain any federal or state aid attributable to a student with a disability attending a public charter school in proportion to the level of services for such student with a disability that the school district provides directly or indirectly.<br />
<br />
(3) At either party’s request, however, the public charter school and the school district may negotiate and include in a contract alternate arrangements for the provision of and payment for special education services. If the public charter school and the school district have negotiated to allow the public charter school to provide special education services, the proportionate share of state and federal resources generated by such students shall be directed by the school district to the public charter school enrolling such students.<br />
<br />
(H) Generally Accepted Accounting Principles – Independent Audit<br />
<br />
(1) A public charter school shall adhere to Generally Accepted Accounting Principles.<br />
(2) A public charter school shall annually engage an external auditor to do an independent audit of the school’s finances. A public charter school shall file a copy of each audit report and accompanying management letter to its authorizer by [INSERT DATE].<br />
(I) Transportation Funding<br />
<br />
(1) The state department of education shall disburse state transportation funding to a school district for each of the public charter school students residing in the school district on the same basis and in the same manner as it is paid to school districts. A school district shall disburse state transportation funding to a public charter school in proportion to the amount generated by the school’s students who reside in the school district.<br />
<br />
(2) A public charter school may enter into a contract with a school district or private provider to provide transportation to the school’s students.<br />
<br />
(J) Budget Reserves<br />
<br />
(1) Any monies received by a public charter school from any source and remaining in the public charter school’s accounts at the end of any budget year shall remain in the public charter school’s accounts for use by the public charter school during subsequent budget years.<br />
<br />
(K) Ability to Accept Gifts, Donations, and Grants<br />
<br />
(1) Nothing in this article shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of a public charter school. The governing board of a public charter school is authorized to accept gifts, donations, and grants of any kind made to the public charter school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; provided, however, that no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of law or term of the charter contract.<br />
<br />
OPTION 2: FUNDING FLOWS FROM THE STATE DIRECTLY TO PUBLIC CHARTER SCHOOLS<br />
<br />
(A) Enrollment<br />
<br />
(1) Each public charter school shall certify to the state department of education its student enrollment in the same manner as school districts.<br />
<br />
(B) Operational Funding<br />
<br />
(1) For a public charter school authorized by a school district, the state shall pay directly to the public charter school for each student enrolled in the public charter school an amount of state and local dollars for that student equal to one hundred percent of the amount calculated pursuant to the state’s funding formula for the student’s resident school district, notwithstanding any oversight fee reductions pursuant to this Act.<br />
<br />
(2) For a public charter school authorized by an entity other than a school district, the state department of education shall withhold from the state equalization payments for each school district with students residing in the school district and attending the public charter school an amount equal to one hundred percent of the amount calculated pursuant to the state’s funding formula for each student in the resident school district multiplied by the number of students enrolled in the public charter school from the resident school district. The state department of education shall send the sum of these withholdings to the public charter school, notwithstanding any oversight fee reductions pursuant this Act.<br />
<br />
(C) Payment Schedule<br />
<br />
(1) Payments made pursuant to this section shall be made by the state in twelve substantially equal installments each year beginning on the first business day of July and every month thereafter. Amounts payable under this section shall be determined by the state department of education. Amounts payable to a public charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter contract. Such projections shall be reconciled with the actual enrollment at the end of the school’s first year of operation, and any necessary adjustments shall be made to payments during the school’s second year of operation.<br />
<br />
(D) Categorical Funding<br />
<br />
(1) The state shall direct the proportionate share of moneys generated under federal and state categorical aid programs to public charter schools serving students eligible for such aid. The state shall ensure that public charter schools with rapidly expanding enrollments are treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each public charter school that serves students who may be eligible to receive services provided through such programs shall comply with all reporting requirements to receive the aid.<br />
<br />
(E) Special Education Funding<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE THEIR OWN LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) The state shall pay directly to a public charter school any federal or state aid attributable to a student with a disability attending the school.<br />
<br />
(2) At either party’s request, a public charter school and its authorizer may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services.<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE PART OF NON-DISTRICT AUTHORIZER LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) The state shall pay directly to a public charter school any federal or state aid attributable to a student with a disability attending the school.<br />
<br />
(2) A public charter school shall pay to its authorizer any federal or state aid attributable to a student with a disability attending a public charter school in proportion to the level of services for such student that the authorizer provides directly or indirectly.<br />
<br />
(3) At either party’s request, a public charter school and its authorizer may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services, including, but not necessarily limited to, a reasonable reserve not to exceed five percent of the authorizer’s total budget for providing special education services. The reserve shall only be used by the authorizer to offset excess costs of providing services to students with disabilities enrolled in one of its public charter schools.<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE PART OF SCHOOL DISTRICT LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) The school district shall provide special education services to students enrolled in public charter schools on the same basis as such services are provided to students enrolled in other public schools of the school district.<br />
<br />
(2) The school district shall retain any federal or state aid attributable to a student with a disability attending a public charter school in proportion to the level of services for such student with a disability that the school district provides directly or indirectly.<br />
<br />
(3) At either party’s request, however, the public charter school and the school district may negotiate and include in a contract alternate arrangements for the provision of and payment for special education services. If the public charter school and the school district have negotiated to allow the public charter school to provide special education services, the proportionate share of state and federal resources generated by such students shall be directed by the school district to the public charter school enrolling such students.<br />
<br />
(F) Generally Accepted Accounting Principles – Independent Audit<br />
<br />
(1) A public charter school shall adhere to Generally Accepted Accounting Principles.<br />
(2) A public charter school shall annually engage an external auditor to do an independent audit of<br />
the school’s finances. A public charter school shall file a copy of each audit report and accompanying management letter to its authorizer by [INSERT DATE].<br />
<br />
(G) Transportation Funding<br />
<br />
(1) The state department of education shall disburse state transportation funding to a public charter school on the same basis and in the same manner as it is paid to school districts.<br />
<br />
(2) A public charter school may enter into a contract with a school district or private provider to provide transportation to the school’s students.<br />
<br />
(H) Budget Reserves<br />
<br />
(1) Any monies received by a public charter school from any source and remaining in the public charter school’s accounts at the end of any budget year shall remain in the public charter school’s accounts for use by the public charter school during subsequent budget years.<br />
<br />
(I) Ability to Accept Gifts, Donations, and Grants<br />
<br />
(1) Nothing in this article shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of a public charter school. The governing Board of a public charter school is authorized to accept gifts, donations, and grants of any kind made to the public charter school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; provided, however, that no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of law or term of the charter contract.<br />
<br />
OPTION 3: FUNDING FLOWS FROM THE STATE TO AUTHORIZERS TO PUBLIC CHARTER SCHOOLS (A) Enrollment<br />
<br />
(1) Each authorizer shall certify to the state department of education the student enrollment for that year for each of its public charter schools in the same manner as school districts.<br />
<br />
(B) Operational Funding<br />
<br />
(1) For a public charter school authorized by a school district, the school district shall pay directly to the public charter school for each student enrolled in the school an amount of state and local dollars for that student equal to one hundred percent of the amount calculated pursuant to the state’s funding formula for the student’s resident school district, notwithstanding any oversight fee reductions pursuant to this Act.<br />
<br />
(2) For a public charter school authorized by an entity other than a school district, the state department of education shall withhold from the state equalization payments for each school district with students residing in the school district and attending the public charter school an amount equal to one hundred percent of the amount calculated pursuant to the state’s funding formula for each student in the resident school district multiplied by the number of students enrolled in the public charter school from the resident school district. The state department of education shall send the sum of these withholdings to the authorizer. The authorizer shall forward the sum of these withholdings to each public charter school, notwithstanding any oversight fee reductions pursuant to this Act.<br />
<br />
(C) Payment Schedule<br />
<br />
(1) Payments made pursuant to this section shall be made by an authorizer in twelve substantially equal installments each year beginning on the first business day of July and every month thereafter. Amounts payable under this section shall be determined by the state department of education. Amounts payable to a public charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter contract. Such projections shall be reconciled with the actual enrollment at the end of the school’s first year of operation, and any necessary adjustments shall be made to payments during the school’s second year of operation.<br />
<br />
(D) Sanctions for Failure to Make Payments<br />
<br />
(1) In the event of the failure of an authorizer to make payments required by this section, the state treasurer shall deduct from any state funds which become due to such an authorizer an amount equal to the unpaid obligation. The treasurer shall pay over such sum to the public charter school upon certification of the state department of education. The state department of education shall promulgate regulations to implement the provisions of this section.<br />
<br />
(E) Categorical Funding<br />
<br />
(1) An authorizer shall direct the proportionate share of moneys generated under federal and state categorical aid programs to public charter schools serving students eligible for such aid. The state shall ensure that public charter schools with rapidly expanding enrollment are treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each public charter school that receives such aid shall comply with all reporting requirements to receive the aid.<br />
<br />
(F) Special Education Funding<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE THEIR OWN LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) An authorizer shall pay directly to the public charter school any federal or state aid attributable to a student with a disability attending the school.<br />
<br />
(2) At either party’s request, a public charter school and its authorizer may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services.<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE PART OF NON-DISTRICT AUTHORIZER LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) The authorizer shall pay directly to a public charter school any federal or state aid attributable to a student with a disability attending the school.<br />
<br />
(2) A public charter school shall pay to its authorizer any federal or state aid attributable to a student with a disability attending a public charter school in proportion to the level of services for such student that the authorizer provides directly or indirectly.<br />
<br />
(3) At either party’s request, a public charter school and its authorizer may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services, including, but not necessarily limited to, a reasonable reserve not to exceed five percent of the authorizer’s total budget for providing special education services. The reserve shall only be used by the authorizer to offset excess costs of providing services to students with disabilities enrolled in one of its public charter schools.<br />
<br />
FOR PUBLIC CHARTER SCHOOLS THAT ARE PART OF SCHOOL DISTRICT LEAS FOR SPECIAL EDUCATION PURPOSES:<br />
<br />
(1) The school district shall provide special education services to students enrolled in public charter schools on the same basis as such services are provided to students enrolled in other public schools of the school district.<br />
<br />
(2) The state shall disburse to a school district any federal or state aid attributable to a student with a disability attending a public charter school in proportion to the level of services for such student with a disability that the school district provides directly or indirectly.<br />
<br />
(3) At either party’s request, however, the public charter school and the school district may negotiate and include in a contract alternate arrangements for the provision of and payment for special education services. If the public charter school and the school district have negotiated to allow the public charter school to provide special education services, the proportionate share of state and federal resources generated by such students shall be directed by the school district to the public charter school enrolling such students.<br />
<br />
(G) Generally Accepted Accounting Principles – Independent Audit<br />
<br />
(1) A public charter school shall adhere to Generally Accepted Accounting Principles.<br />
(2) A public charter school shall annually engage an external auditor to do an independent audit of the school’s finances. A public charter school shall file a copy of each audit report and accompanying management letter to its authorizer by [INSERT DATE].<br />
(H) Transportation Funding<br />
<br />
(1) The state department of education shall disburse state transportation funding to an authorizer for each of its public charter school students on the same basis and in the same manner as it is paid to school districts. An authorizer shall disburse state transportation funding to a public charter school in proportion to the amount generated by the school’s students.<br />
<br />
(2) A public charter school may enter into a contract with a school district or private provider to provide transportation to the school’s students.<br />
<br />
(I) Budget Reserves<br />
<br />
(1) Any monies received by a public charter school from any source and remaining in the public charter school’s accounts at the end of any budget year shall remain in the public charter school’s accounts for use by the public charter school during subsequent budget years.<br />
<br />
(J) Ability to Accept Gifts, Donations, and Grants<br />
<br />
(1) Nothing in this article shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of a public charter school. The governing board of a public charter school is authorized to accept gifts, donations, and grants of any kind made to the public charter school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; provided, however, that no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of law or term of the charter contract.<br />
<br />
<u>Section 7</u> Facilities Funding<br />
<br />
[In this model law, we provide a menu of approaches for handling this issue in state law, most of which should be included in a given state’s law.]<br />
<br />
(A) Per-Student Facility Allowance<br />
<br />
(1) The per-student facility allowance for public charter schools shall be determined as follows: the total capital costs for public schools in the state over the past five years shall be divided by the total student count in the state over the past five years.<br />
<br />
(2) The actual facility allowance payments to be received by each public charter school shall be determined as follows: the per-student facility allowance shall be multiplied by the number of students estimated to be attending each public charter school.<br />
<br />
(B) Public Charter School Facility Grant Program<br />
<br />
(1) The state board of education shall establish, within available bond authorizations, a grant program to assist public charter schools in financing school building projects, general improvements to school buildings, and repayment of debt for school building projects. Public charter schools may apply for such grants to the state board of education at such time and in such manner as the state board of education prescribes. The state board of education shall give preference to applications that provide for matching funds from non-state sources.<br />
<br />
(2) For the purposes described in subsection (3) of this section, the [INSERT NAME OF APPROPRIATE STATE BONDING AUTHORITY] shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate [INSERT DOLLAR AMOUNT] provided [INSERT DOLLAR AMOUNT] of said authorization shall be effective [INSERT DATE].<br />
<br />
(3) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (2) of this section, shall be used by the state Board or Commission of education for the purpose of grants pursuant to subsection (1).<br />
<br />
(4) Bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the state treasurer shall pay such principal and interest as the same become due.<br />
<br />
(C) Public Charter School Facility Revolving Loan Program<br />
<br />
(1) The public charter school facility revolving loan program is hereby created in the state treasury. The public charter school facility revolving loan program shall be comprised of federal funds obtained by the state for public charter schools and any other funds appropriated or transferred to the fund by the state. Funds appropriated to the public charter school facility revolving loan program shall remain available for the purposes of the program until re-appropriated or reverted by the general assembly.<br />
<br />
(2) Loans may be made from moneys in the public charter school facility revolving loan program to a public charter school, upon application by a public charter school and approval by the state Board or Commission of education or its designee. Money loaned to a public charter school pursuant to this section shall be for construction, purchase, renovation, and maintenance of public charter school facilities. No loan to a public charter school shall exceed [INSERT DOLLAR AMOUNT] over [INSERT NUMBER OF YEARS]. A public charter school may receive multiple loans from the public charter school facility revolving loan program, as long as the total amount received from the program over [INSERT NUMBER OF YEARS] does not exceed [INSERT DOLLAR AMOUNT].<br />
<br />
(3) The state Board or Commission of education or its designee may consider all of the following when making a determination as to the approval of a public charter school’s loan application:<br />
<br />
(a) Soundness of the financial business plans of the applicant public charter school.<br />
<br />
(b) Availability to the public charter school of other sources of funding.<br />
<br />
(c) Geographic distribution of loans made from the public charter school facility revolving loan program.<br />
<br />
(d) The impact that loans received pursuant to this section will have on the public charter school’s receipt of other private and public financing.<br />
<br />
(e) Plans for innovatively enhancing or leveraging funds received pursuant to this section, such as loan guarantees or other types of credit enhancements.<br />
<br />
(f) The financial needs of the public charter school.<br />
<br />
(4) Commencing with the first fiscal year following the fiscal year the public charter school receives the loan, the [INSERT NAME OF APPROPRIATE STATE AGENCY] shall deduct from apportionments made to the public charter school, as appropriate, an amount equal to the annual repayment of the amount loaned to the public charter school under this section and pay the same amount into the public charter school facility revolving loan program in the state treasury. Repayment of the full amount loaned to the public charter school shall be deducted by the [INSERT NAME OF APPROPRIATE STATE AGENCY] in equal annual amounts over a number of years agreed upon between the public charter school and the state Board or Commission of education or its designee, not to exceed [INSERT NUMBER OF YEARS] for any loan.<br />
<br />
(5) Notwithstanding other provisions of law, a loan may be made to a public charter school pursuant to this section only in the case of a public charter school that is incorporated.<br />
<br />
(6) Notwithstanding other provisions of law, in the case of default of a loan made directly to a public charter school pursuant to this section, the public charter school shall be solely liable for repayment of the loan.<br />
<br />
(D) Bonding Authority<br />
<br />
[Public charter schools should either have equal access to all of the relevant bonding authorities in a state or have their own bonding authority. For the first option, a state must amend the appropriate section of the law (e.g., state health and educational facility authority section) to clarify that public charter schools are eligible to obtain tax-exempt financing from the relevant authority. For the second option, see language below.]<br />
<br />
(1) As used in this section:<br />
<br />
Soundness of the financial business plans of the applicant public charter school. Availability to the public charter school of other sources of funding.<br />
<br />
Geographic distribution of loans made from the public charter school facility revolving loan<br />
<br />
(a) “Authority” means the state public charter school finance authority created by this section.<br />
<br />
(b) “Obligations” mean any notes, debentures, revenue bonds, or other evidences of financial indebtedness, except general obligation bonds.<br />
<br />
(c) “Project” means:<br />
<br />
(i) Any building, structure, or property owned, or to be acquired, by a public charter school for any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and lands; or<br />
<br />
(ii) Any capital equipment owned, or to be acquired, by a public charter school for any of its educational purposes, interests in land, and grounds, together with the personal property necessary, convenient, or appurtenant to them.<br />
<br />
(2) There is created a body politic and corporate known as the state public charter school finance authority. The authority is created to provide an efficient and cost-effective method of financing public charter school facilities.<br />
<br />
(3) The governing Board or Commission of the authority shall be composed of:<br />
<br />
(a) The governor or the governor’s designee;<br />
(b) The state treasurer; and<br />
(c) The state superintendent of public instruction or the state superintendent’s designee.<br />
(4) Upon request, the state Board or Commission of education shall provide staff support to the authority.<br />
(5) The authority shall have perpetual succession as a body politic and corporate.<br />
(6) The authority may:<br />
(a) Sue and be sued in its own name;<br />
(b) Have, and alter at will, an official seal;<br />
(c) Receive and accept aid or contributions from any source, including the United States or this<br />
state, in the form of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this part, subject to the conditions upon which the aid and contributions are made, for any purpose consistent with this part;<br />
<br />
(d) Exercise the power to borrow money and issue obligations, except the authority may only exercise powers to finance a project as defined in state law;<br />
<br />
(e) Employ advisers, consultants, and agents, including financial experts, independent legal counsel, and any advisers, consultants, and agents as may be necessary in its judgment and fix their compensation;<br />
<br />
(f) Make and execute contracts and other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions; and<br />
<br />
(g) Have and exercise any other powers or duties that are necessary or appropriate to carry out and effectuate the purposes of this chapter.<br />
<br />
(7) If the authority is dissolved at any time, for any reason, all funds, property, rights, and interests of the authority, following the satisfaction of the authority’s obligations, shall immediately vest in and become the property of the state, which shall succeed to all rights of the authority subject to any encumbrances which may then exist on any particular properties.<br />
<br />
(8) None of the net earnings of the authority shall inure to the benefit of any private person. (E) Moral Obligation of the State<br />
<br />
(1) The general assembly hereby finds and declares that its intent in enacting this section is to support public charter schools and public charter school capital construction by helping qualified public charter schools that choose to have the [INSERT NAME OF BONDING AUTHORITY] issue bonds on their behalf obtain more favorable financing terms for the bonds.<br />
<br />
(2) If the [INSERT NAME OF BONDING AUTHORITY] has issued bonds on behalf of a public charter school that defaults on its debt service payment obligations, the Board of directors of the authority shall submit to the governor a certificate certifying any amount of moneys required to fulfill the school’s debt service payment obligations. The governor shall submit a request for appropriations in an amount sufficient to fulfill the school’s debt service payment obligations and the general assembly may, but shall not be required to, appropriate moneys for said purpose. If, in its sole discretion, the general assembly appropriates any moneys for said purpose, the aggregate outstanding principal amount of bonds for which moneys may be appropriated for said purpose shall not exceed [INSERT DOLLAR AMOUNT].<br />
<br />
(F) Access to State Facilities Programs for Non-Charter Public Schools<br />
<br />
[Public charter schools should have equal access to all of the existing state facilities programs for traditional public schools in a state. To implement this item, a state must amend the relevant section of the law (e.g., public school capital construction assistance fund section) to clarify that public charter schools are eligible to obtain funding from the relevant program.]<br />
<br />
(G) Credit Enhancement Fund<br />
<br />
(1) [INSERT DOLLAR AMOUNT] shall be set aside for a credit enhancement fund for public charter schools to be administered by the state Board or Commission of education.<br />
<br />
(2) Using the amounts described in paragraph (1), the state Board or Commission of education shall make and disburse grants to eligible nonprofit corporations to carry out the purposes described in paragraph (3).<br />
<br />
(3) The recipient of a grant under this fund shall use the monies provided under the grant to carry out activities to assist public charter schools in:<br />
<br />
(a) Obtaining financing to acquire interests in real property (including by purchase, lease, or donation), including financing to cover planning, development, and other incidental costs;<br />
<br />
(b) Obtaining financing for construction of facilities or the renovation, repair, or alteration of existing property or facilities (including the purchase or replacement of fixtures and equipment), including financing to cover planning, development, and other incidental costs;<br />
<br />
(c) Enhancing the availability of loans (including mortgages) and bonds; and (d) Obtaining lease guarantees.<br />
<br />
(4) Funds provided under a grant under this subparagraph may not be used by a recipient to make direct loans or grants to public charter schools.<br />
<br />
(H) Access to District Facilities and Land<br />
<br />
(1) A public charter school shall have a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or unused portions of a public school facility or property located in a school district from which it draws its students if the school district decides to sell or lease the public school facility or property.<br />
<br />
(I) Contracting for Use of Facilities<br />
<br />
(1) A public charter school may negotiate and contract at or below fair market value with a school district, the governing body of a state college or university or public community college, or any other public or for-profit or nonprofit private entity for the use of facility for a school building.<br />
<br />
(J) Use of Other Facilities under Preexisting Zoning and Land Use Designations<br />
<br />
(1) Library, community service, museum, performing arts, theatre, cinema, church, community college, college, and university facilities may provide space to public charter schools within their facilities under their preexisting zoning and land use designations. (K) Exemptions from Ad Valorem Taxes and Certain Fees<br />
<br />
(1) Any facility, or portion thereof, used to house a public charter school shall be exempt from ad valorem taxes.<br />
<br />
(2) Public charter school facilities are exempt from assessments of fees for building permits, fees for building and occupational licenses, impact fees, service availability fees, and assessments for special benefits.<br />
<br />
<u>Section 8</u> Caps<br />
<br />
(A) This article hereby removes the limit [of XXX] as established in the Charter School Law on the number of approved charter schools as of the effective date in Section 9.<br />
<br />
(B) This article hereby removes the limit [of XXX] as established in the Charter Schools Act on the number of students in a district who can enroll in a charter school as of the effective date in Section 9.<br />
<br />
<u>Section 9</u> Effective Date<br />
<br />
The Next Generation Charter Schools Act will be in effect beginning no later than July 1, [year].</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Recycled/Redefined_Oil_Labeling_Act_Exposed&diff=8523Recycled/Redefined Oil Labeling Act Exposed2017-02-06T21:43:15Z<p>Alex Aaron: Created page with "The '''Recycled/Redefined Oil Labeling Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Environme..."</p>
<hr />
<div>The '''Recycled/Redefined Oil Labeling Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Environment, and Agriculture Task Force] and approved by the Board of Directors January 28, 2013. (Accessed February 6, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
: ALEC’s model recycled/refined Oil Labeling Act is designed to reduce the amount of used oil improperly disposed and increase the amount that is reused by establishing a recycled/re-refined oil standard.<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> Short title<br />
<br />
This act shall be known and may be cited as the Recycled/Re-refined Oil Labeling Act.<br />
<br />
<u>Section 2</u> Legislative findings and declarations<br />
<br />
This legislature finds and declares that:<br />
<br />
(A) A considerable amount of used oil is generated each year in the state and that this oil is a valuable resource which can be used as an environmentally acceptable source of clean, re-refined product among other uses.<br />
<br />
(B) The disposal of automotive engine oil and other lubricants are very costly.<br />
<br />
(C) A recycled/re-refined oil labeling standard will reduce the amount of used oil improperly disposed and increase the amount that is recycled/re-refined oil.<br />
<br />
<u>Section 3</u> Definitions<br />
<br />
The following words and phrases when used in this act shall have the meaning given to them in this section unless the text clearly indicates otherwise:<br />
<br />
(A) “American Petroleum Institute (API) engine oil service classifications.” Two letter classification performance ratings for which engine oils are designed as of January {insert year}.<br />
<br />
(B) “Lubricating oil.” Any oil classified for the use in an internal combustion engine, hydraulic system, gear box differential, or wheel bearings, etc.<br />
<br />
(C) “SAE (Society for Automotive Engineers) viscosity grade.” The measure of an oil’s resistance to flow at a given temperature as of January {year}.<br />
<br />
(D) “Re-refined oil.” Used oil which is refined to remove the physical and chemical contaminants acquired through use, which by itself or when blended with new lubricating oil or additives, meets applicable API and SAE service classifications as described in Subsection (A) and (C) of this section.<br />
<br />
(E) “Recycled oil.” Any oil prepared from used oil, for energy recovery or reuse as a petroleum product, by reclaiming, reprocessing, re-refining or other means to utilize properly treated used oil as a substitute for petroleum products.<br />
<br />
(F) “Used Oil.” Any oil which has been refined from crude or synthetic oil and as a result of use, becomes unsuitable for its original purpose due to loss of original properties or presence of impurities, but which may be suitable for further use any may be economically recyclable.<br />
<br />
<u>Section 4</u> Labeling<br />
<br />
(A) It shall be unlawful to sell, offer, or keep for sale any lubricating oils, lubricants, or mixtures of lubricants which are adulterated or falsely labeled.<br />
<br />
(B) The label shall prominently display the American Petroleum Institute (API) performance service classification and the Society of Automotive Engineers (SAE) viscosity classification.<br />
<br />
(C) Recycled or previously used oils that have been re-refined shall be plainly labeled and sold as such. The size of the letters on the front and back of the container shall be consistent with those used in other working on the label.<br />
<br />
(D) A person may represent a product made in whole or in part form re-refined oil to be substantially equivalent to a product from virgin oil for a particular end use if the product conforms with the applicable API and SAE service classifications.<br />
<br />
(E) Any person guilty of violating any of the provisions of this section shall be subject to a fine of not less than {insert amount} nor more than {insert amount} for the first offense, and for a second or subsequent such offense, such person shall be enjoined from selling or distributing previously used oil not less than {insert} year(s), and any judge or chancellor now authorized to grant injunctions shall grant an injunction without notice, enjoining such person from continuing the sale or distribution of used oil, as prescribed by the section.<br />
<br />
<u>Section 5</u> Severability<br />
<br />
<u>Section 6</u> Repealer<br />
<br />
<u>Section 7</u> Effective Date</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Intrastate_Oil_and_Natural_Gas_Use_Act_Exposed&diff=8522Intrastate Oil and Natural Gas Use Act Exposed2017-02-06T21:33:56Z<p>Alex Aaron: Created page with "The '''Intrastate Oil and Natural Gas Use Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Enviro..."</p>
<hr />
<div>The '''Intrastate Oil and Natural Gas Use Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Environment, and Agriculture Task Force] at the 2013 Annual Meeting, approved by the Board of Directors August 5, 2013. (Accessed February 6, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:The purpose of this bill is to create the Intrastate Oil and Natural Gas and Use Act. The bill establishes that the environmental regulation of oil and natural gas extracted and used within the state are exclusively regulated by the {relevant state agency}. The bill states the legislative authority and defines terms.<br />
<br />
:Whereas the Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of {state} certain powers as they were understood at the time that {state} was admitted to statehood in {year}. The guaranty of those powers is a matter of contract between the state and people of (insert state) and the United States as of the time that the compact with the United States was agreed upon and adopted by {state} and the United States in {year}.<br />
<br />
:Whereas the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of {state} certain rights as they were understood at the time that {state} was admitted to statehood in {year}. The guaranty of those rights is a matter of contract between the state and people of (insert state) and the United States as of the time that the compact with the United States was agreed upon and adopted by {state} and the United States in {year}.<br />
<br />
:Whereas the regulation of intrastate commerce, including the natural environment as affected by intrastate business, is vested in the states under the Ninth and Tenth Amendments to the United States Constitution and is specifically retained by the State of {state}.<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> Definitions<br />
(1) “Borders of {state}” means the boundaries of the State of {state} described in the {state} Constitution.<br />
<br />
(2) The term “gas well” means those operations and facilities producing natural gas from the substrata of real property.<br />
<br />
(3) The term “oil well” means those operations and facilities producing oil from the substrata of real property.<br />
<br />
<u>Section 2</u> Requirements<br />
<br />
(a) In light of the above findings, environmental regulation in {state} for all purposes of regulating business activity performed in {state}, when the products of such business activities are held, maintained, or retained within the borders of {state}, is the principal responsibility of the {relevant state agency}.<br />
<br />
(b) Any {state} oil or gas well producing oil or natural gas which is used commercially or privately and which is consumed or otherwise remains within the borders of {state} or undergoes primary conversion process and use in {state} shall be issued a permit to operate by the {relevant state agency} once the {relevant state agency} has certified that the oil or gas well and any associated facilities are compliant with all applicable state and federal laws or state and federal regulation.<br />
<br />
(c) The Legislature declares that the United States Environmental Protection Agency, acting under the color of authority of Congress to regulate interstate commerce, lacks the authority to deny permits of operation to these oil and gas wells and facilities as the products of these wells and facilities have not traveled in interstate commerce.<br />
<br />
(d) This article applies to oil and natural gas produced in {state}.<br />
<br />
(e) This article applies only to the issuance of a permit of operation to an oil or gas well, the issuance of which permit is required by the Clean Water Act or by another equivalent state or federal statute or regulation. Nothing in this section shall be construed to limit the effect of any other state or federal statute or regulation.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Juvenile_Justice_Act_Exposed&diff=8521Juvenile Justice Act Exposed2017-02-06T21:06:23Z<p>Alex Aaron: Created page with "The '''Navigator Background Check Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Civil_Justice_Task_Force Civil Justice Task Force] and approved by t..."</p>
<hr />
<div>The '''Navigator Background Check Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Civil_Justice_Task_Force Civil Justice Task Force] and approved by the Board of Directors January 9, 2015. (Accessed February 6, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:For states to achieve better outcomes with each dollar spent on the juvenile justice system, they need to economize on their use of expensive juvenile correctional facilities and invest in programs and practices that research indicates will be effective in reducing recidivism. This Act encourages states to focus expensive out-of-home facilities on higher level offenders, expand effective alternatives to incarceration for lower level offenders, and enhance oversight and ensure government performance.<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> Definitions <br />
<br />
(A) “Agency” means the Department of Juvenile Justice or the state agency responsible for the care, control and custody of children adjudicated as delinquent after having been committed or probated to the care of the agency.<br />
<br />
(B) “Child” means a person under the age of majority.<br />
<br />
(C) “Delinquent” means an act designated as a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state.<br />
<br />
(D) “Evidence-based” practice means programs and practices that scientific research demonstrates reduce recidivism among juvenile offenders.<br />
<br />
(E) “Graduated sanction” means any of a wide range of non-residential offender accountability measures and monitoring including, but not limited to, day or evening reporting centers; teen court; writing or homework assignments; electronic monitoring; reduced curfew; rehabilitative interventions such as substance abuse or mental health treatment; reporting requirements; community service or work crews.<br />
<br />
(F) “Non-secure facility” means a group facility or home at which each child is continuously under staff supervision. A staff non-secure facility may not be a locked facility.<br />
<br />
(G) “Out-of-home placement” means placement of a child in a secure or non-secure facility.<br />
<br />
(H) “Secure facility” means a facility characterized by physically restricting construction, hardware and procedures.<br />
<br />
(I) “Status offender” means an act that would not be a crime if committed by an adult, but is an offense due to the age of the child, including truancy, being beyond the control of parents, running away, and possessing alcohol or tobacco.<br />
<br />
(J) “Misdemeanor violent offense” means any misdemeanor offense involving the use, attempted use, or threatened use of physical force against the person of another, or the threatened use of a deadly weapon.<br />
<br />
<u>Section 2</u> Intent<br />
<br />
(A) It is the intent of this state that juvenile corrections dollars be allocated based on what evidence and research has demonstrated is the most effective at reducing recidivism and enhancing public safety. State resources should be appropriated to programs and services that produce the best outcomes for children, families and the citizens of this state. The expensive state residential facilities should be focused on higher-level offenders, while lower-level offenders should be treated in the community which is what the research demonstrates is most effective.<br />
<br />
(B) It is further the intent that the court system shall not be the first resort for addressing status offense and lower level delinquent behavior. It is the policy of the state that schools, mental health, child welfare and other systems are best suited to complement and strengthen the family’s capacity to address these lower-level behaviors. They should be the first choice in dealing with status offenders and less serious delinquent behaviors when possible, rather than moving juveniles into the juvenile justice system. Further, families should have greater involvement and accountability in the programs and services offered in the juvenile justice system.<br />
<br />
<u>Section 3</u> Pre-Court Diversion<br />
<br />
(A) All referrals for a status or misdemeanor offense shall be reviewed to determine whether there is probable cause to find the child has committed the offense. For status offenses, if probable cause exists, the review should determine if steps were taken to address the issues leading to the status offense behavior prior to the filing of the referral. If steps were not taken, the child and family shall be referred to community-based resources to attempt to address the behaviors prior to filing a petition. If steps have been taken to address the issues, but have been unsuccessful, or if the referral is for a misdemeanor delinquent offense, the referral may be accepted.<br />
<br />
(B) Once a referral is accepted, evidence-based assessments should be administered as appropriate to determine what services if any are necessary.<br />
<br />
(C) If the referral is the first referral for a status or misdemeanor offense, the child shall receive a diversion of that offense.<br />
<br />
(D) In order to receive a diversion for this offense, the child and family shall be required to enter into a diversion contract that requires completion of the services determined necessary by the assessments.<br />
<br />
(E) If the child is successful in completing his or her requirements under the diversion contract, the case shall be dismissed. If the child is not successful, the case may be referred for further proceedings in juvenile court.<br />
<br />
(F) Referrals for status and misdemeanor offenses may be accepted for diversion, in addition to the one mandatory diversion permitted in this Section, at the discretion of the prosecuting attorney.<br />
<br />
<u>Section 4</u> Prohibit or Limit Detention<br />
<br />
(A) A child charged or adjudicated as a status offender may be detained in a non-secure facility, or a secure facility if a non-secure facility is not available, if the court determines the placement is necessary for the protection of the child or community. If a child is placed in out-of-home placement the child may not be held with delinquent offenders and may not be held longer than 24 hours, or until the next business day if the child is detained on a weekend or holiday. If the child is in need of out-of-home placement beyond the time permitted under this Section, the state child welfare agency shall institute a child welfare investigation.<br />
<br />
(B) If the court finds an adjudicated status offender is in contempt of court for violating the terms of the court order of disposition as a status offender, the court may punish the child for contempt. A child who is found to have committed contempt of court may be taken into custody and ordered to serve an alternative sanction or placed in a non-secure facility in accordance with Subsection (A) of this Section. In no case may a status offender be placed in a secure or non-secure facility with delinquent youth. Prior to placing the youth in the short-term placement under this Section, the court shall determine that alternative or graduated sanctions have been attempted and have not been successful.<br />
<br />
<u>Section 5</u> Risk Assessment at Disposition<br />
<br />
Prior to disposing a youth for a delinquent offense the court shall be provided the results of a validated risk assessment in order to determine the risk of the youth to reoffend. If the court has not been provided with the risk assessment prior to disposition, the hearing may be continued for no longer than 72 hours in order to complete the assessment.<br />
<br />
<u>Section 6</u> Out-Of-Home Placement of Misdemeanor Offenders<br />
<br />
(A) A child may not be placed in out-of-home placement as a post-adjudication disposition for a misdemeanor offense unless the child has a prior criminal history that includes three or more prior adjudications for delinquent offenses and at least one of the prior adjudications must have occurred in the year prior to the current offense, or if the offense is a misdemeanor violent offense.<br />
<br />
(B) A child who is adjudicated for a misdemeanor offense, who is eligible for out-of-home placement in accordance with Subsection (A) of this Section, may not be placed in out-of-home placement for a period longer than an adult would be permitted by law to be incarcerated for the same offense.<br />
<br />
<u>Section 7</u> Violations of Conditions of Supervision<br />
(A) Supervision is a finite period of time imposed on a child to ensure compliance with the sanctions ordered by the court. Supervision is not intended to be an ongoing process for the duration of the child’s youth during which additional services and requirements are added to the child’s requirements for successful completion. The supervision is imposed to hold the child accountable for his or her actions and to address the issues that lead to the behaviors as determined by the validated risk and needs assessment performed prior to disposition. The purpose of imposing sanctions for violations of conditions of supervision is to encourage the child to comply with the original terms of supervision.<br />
<br />
(B) If the court finds a child has violated the terms of supervision, the court should employ a graduated sanctions grid to encourage compliance with supervision. In addition to graduated sanctions, the court may also employ alternatives available at the time of disposition, except that a child may not be held in out-of-home placement longer than 30 days as a sanction for the violation. If the child has committed a new offense, the offense should be prosecuted as a new delinquent offense and not as a violation.<br />
<br />
<u>Section 8</u> Restorative Justice Policy<br />
(A) It is the intent of the state that principles of restorative justice be included in how the juvenile justice system responds to children charged with delinquent and status offenses. The objectives are to resolve conflicts and disputes in a non-adversarial community-based process, repair damage caused by the delinquent acts to the communities in which they occur and the individual victims, and to reduce the likelihood the child will commit delinquent acts in the future.<br />
<br />
(B) Restorative justice programs should involve community members, law enforcement and victims when they choose to participate. The programs should be aimed at holding youth accountable for damage caused to communities and victims and restoring youth to productive lives as law-abiding citizens. Restorative justice programs may include, but are not limited to, the following:<br />
<br />
:(1) Offenders acknowledging wrongdoing and apologizing to victims;<br />
<br />
:(2) Restitution;<br />
<br />
:(3) Community service; and<br />
<br />
:(4) Treatment or other services as appropriate.<br />
<br />
<u>Section 9</u> Evidence-Based Practice<br />
<br />
(A) The agency shall adopt policies within one year of the effective date of this Act that require the use of validated risk and needs assessments.<br />
<br />
(B) The agency shall utilize evidence-based programs and practices in the continuum of interventions provided to the children committed or probated to their care and their families. No later than one year after the effective date of this Act, the agency shall apportion no less than 50 percent of the state funds the agency receives for delinquent programs and services to be utilized for evidence-based programs and practices. No later than two years after the effective date of this Act, the agency shall apportion no less than 75 percent of the state funds the agency receives for delinquent programs and services to be utilized for evidence-based programs and practices.<br />
<br />
(C) The agency shall utilize performance-based funding in its contracts for services and interventions provided to delinquent youth beginning no later than one year following the effective date of this Act.<br />
<br />
<u>Section 10</u> Data Collection and Sharing<br />
<br />
(A) The agency and other state agencies responsible for education, mental health, behavioral health, child welfare, or other services, shall collect data necessary to measure the outcomes of the policies incorporated in this Act.<br />
<br />
(B) The data required to be collected in Subsection (A) of this Section shall be reported to the Oversight Council created in this Act no later than one year following the effective date of this Act and each year thereafter.<br />
<br />
<u>Section 11</u> Oversight Council<br />
<br />
(A) An Oversight Council shall be established no later than three months following the effective date of this Act.<br />
<br />
(B) Membership of the Oversight Council shall consist of no more than 12 members including legislative leaders from the House and Senate who shall serve as chairs of the council; judicial leadership; agency representatives from the agencies providing mental health, substance abuse and other treatment services to juvenile justice involved youth, Department of Juvenile Justice, and the administrative office of the courts; local government representation; and other juvenile justice stakeholders appointed by the chairs of the council, or their delegates.<br />
<br />
(C) The duties of the Council shall include, but are not limited to, the following:<br />
<br />
:(1) Ensure the policies of this Act are implemented according to the requirements and timeframes required in the Act;<br />
<br />
:(2) Review the performance measures for the policies contained in this Act to ensure the policies are achieving the outcomes intended; and<br />
<br />
:(3) Make recommendations to the legislature for additional reforms, revisions or additional data collection and reporting requirements.<br />
<br />
(D) The council shall report its findings and recommendations to the appropriate committees of the legislature no later than December 1st following the effective date of this Act.<br />
<br />
<u>Section 12</u> Severability Clause<br />
<br />
<u>Section 13</u> Repealer Clause<br />
<br />
<u>Section 14</u> Effective Date</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Navigator_Background_Check_Act_Exposed&diff=8520Navigator Background Check Act Exposed2017-01-30T22:18:25Z<p>Alex Aaron: Created page with "The '''Navigator Background Check Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task F..."</p>
<hr />
<div>The '''Navigator Background Check Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task Force] at the 2013 Annual Meeting, approved by the Board of Directors January 9, 2014. (Accessed January 30, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This bill creates registration and reporting procedures for health care insurance navigators in {insert state}.<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> Title. This Act shall be known as the “Navigator Background Check Act.”<br />
<br />
<u>Section 2</u> Definitions.<br />
<br />
“Health care insurance navigator” means a person who is selected to perform in {insert state} the activities and duties identified in 42 United States Code Section 18031(i) and includes any person who receives grant monies from the United States Department of Health and Human Services, state or a health care exchange or private monies to perform any of the activities or duties identified in 42 United States Code Section 18031(i).<br />
<br />
<u>Section 3</u> Health care insurance navigator registration and reporting<br />
<br />
(A) A person shall not act as or hold himself out to be a health care insurance navigator in {insert state} unless that person registers with the {insert state department of insurance} and meets all of the following requirements:<br />
<br />
:1. Submits application and registration fees in the amounts prescribed by the Department.<br />
<br />
:2. Has received a high school diploma or general equivalency diploma.<br />
<br />
:3. Successfully completes all federally required training programs.<br />
<br />
:4. The {insert state department of insurance}shall submit a full set of fingerprints to the {insert state department of public safety} for the purpose of obtaining a state and federal criminal records check pursuant to {insert relevant state criminal history records statute} and Public Law 92-544. The {insert state department of insurance} shall not issue the registration if the person has been convicted of a felony offense or a misdemeanor offense involving fraud or dishonesty.<br />
<br />
(B) The {insert state department of insurance} may deny, suspend or revoke the registration of a Health care insurance navigator if:<br />
<br />
:1. The health care insurance navigator is charged with a felony offense.<br />
<br />
:2. The health care insurance navigator is charged with a misdemeanor offense involving fraud or dishonesty.<br />
<br />
:3. The {insert state department of insurance} receives credible reports that the Health care insurance navigator has provided false or fraudulent information to consumers.<br />
<br />
:4. The health care insurance navigator has engaged in intentional or negligent conduct that has resulted in the release of a consumer’s personally identifiable information.<br />
<br />
(C) Upon any criminal conviction the navigator’s registration shall be revoked.<br />
<br />
(D) An organization employing a health care insurance navigator shall report to the {insert state department of insurance} any event that results in the unauthorized release of a consumer’s personally identifiable information. The organization shall attempt to report this unauthorized release of personally identifiable information to the affected individual whose personal information was released within twenty-four hours after discovering the breach. The Department of Health and Human Services shall submit a report on or before February 1 of each year to the Speaker of the House of Representatives and the President of the Senate detailing the number of breaches reported to the {insert state department of insurance} pursuant to this subsection and the circumstances of each breach.<br />
<br />
(E) Notwithstanding any other law, a health care insurance navigator shall not sell, solicit, or negotiate insurance in {insert state} for any class or classes of insurance when assisting individuals with enrollment or any other insurance navigator activities or duties through any health care exchange established or operating in {insert state}, including any exchange established or operated by the United States Department of Health and Human Services.<br />
<br />
(F) All personal health information shall be secured by all navigators and their administrative staff in accordance with health care industry standards. Failure to do so shall result in revocation of the navigator’s registration.<br />
<br />
(G) The {insert state department of insurance} shall maintain a website for the purpose of providing the public with a complete list of all currently registered health care insurance navigators in {insert state}.<br />
<br />
<u>Section 4</u> Current health care insurance navigators<br />
<br />
(A) A person who is acting as a health care insurance navigator pursuant to 42 United States Code section 18031 (i) on the effective date of this act shall register within ninety days after the effective date of this act with the {insert state department of insurance} pursuant to {insert state law} as added by this section, in order to continue performing the duties and activities of a Health care insurance navigator in {insert state} after the effective date of this act.<br />
<br />
<u>Section 5</u> {Insert civil and criminal penalties.}<br />
<br />
<u>Section 6</u> {Severability clause.}<br />
<br />
<u>Section 7</u> {Repealer clause.} <br />
<br />
<u>Section 8</u> {Effective date.}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Patient_Access_Expansion_Act_Exposed&diff=8519Patient Access Expansion Act Exposed2017-01-30T22:10:42Z<p>Alex Aaron: Created page with "The '''Patient Access Expansion Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task For..."</p>
<hr />
<div>The '''Patient Access Expansion Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task Force] at the 2014 Annual Meeting, approved by the Board of Directors July 1, 2014. (Accessed January 30, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This act prohibits the state from requiring any form of the Federation of State Medical Boards’ proprietary Maintenance of Licensure program, including any Maintenance of Licensure program tied to Maintenance of Certification, as a condition of medical licensure, and additionally prohibits the state from requiring Specialty Medical Board Certification and Maintenance of Certification in order to practice medicine within the state. This act also prohibits state medical boards, and any agencies or facilities accepting state funding, from discriminating against physicians who do not maintain specialty medical board re-certification. This act in no way is intended to discourage lifelong learning or continuing medical education, and does not change the current status of physician licensure.<br />
<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> This Act shall be known as the “Patient Access Expansion Act."<br />
<br />
<u>Section 2</u> Definitions.<br />
<br />
(A) As used in this Act:<br />
<br />
:1. “Maintenance of Licensure” means the Federation of State Medical Boards’ proprietary framework for physician license renewal, including additional periodic testing other than Continuous Medical Education. State medical boards currently do not require Maintenance of Licensure.<br />
<br />
:2. “Continuous Medical Education” means continued postgraduate medical education intended to provide medical professionals with knowledge of new developments in their field.<br />
<br />
:3. “Specialty Medical Board Certification” means certification by a board that specializes in one particular area of medicine and typically requires additional and more strenuous exams than state boards of medicine requirements to practice medicine.<br />
<br />
:4. “Maintenance of Certification” means any process requiring periodic re-certification examinations to maintain Specialty Medical Board Certification.<br />
<br />
<u>Section 3</u> Prohibition of Maintenance of Licensure.<br />
<br />
The state of {insert state} is prohibited from requiring any form of Maintenance of Licensure as a condition of physician licensure, including requiring any form of Maintenance of Licensure tied to Maintenance of Certification. Current requirements, including Continuous Medical Education, shall suffice to demonstrate professional competency.<br />
<br />
<u>Section 4</u> Prohibition of Maintenance of Certification to Practice Medicine.<br />
<br />
The state of {insert state} is prohibited from requiring any form of Specialty Medical Board Certification and any Maintenance of Certification to practice medicine within the state. Within the state, there shall be no discrimination by the {insert state medical board}, or any other agency or facility which accepts state funds, against physicians who do not maintain Specialty Medical Board Certification, including re-certification.<br />
<br />
<u>Section 5</u> Severability Clause.<br />
<br />
<u>Section 6</u> Repealer Clause.<br />
<br />
<u>Section 7</u> Effective Date.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Federal_and_State_Funded_Health_Care_Financing_Programs_Overview_Committee_Act_Exposed&diff=8518Federal and State Funded Health Care Financing Programs Overview Committee Act Exposed2017-01-30T22:04:02Z<p>Alex Aaron: Created page with "The '''Federal and State Funded Health Care Financing Programs Overview Committee Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Serv..."</p>
<hr />
<div>The '''Federal and State Funded Health Care Financing Programs Overview Committee Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task Force] at the 2014 Annual Meeting, approved by the Board of Directors October 11, 2014. (Accessed January 30, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:Establishes the Federal and State Funded Health Care Financing Programs Overview Committee, charged with reviewing state health agencies and ensuring they adequately fulfill statutory requirements.<br />
<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> This Act shall be known as the “Federal and State Funded Health Care Financing Programs Overview Committee Act.”<br />
<br />
<u>Section 2</u>. Purpose.<br />
<br />
There is created as a joint committee the Federal and State Funded Health Care Financing Programs Overview Committee, which shall periodically inquire into and review the actions of the {insert appropriate department and/or board} to evaluate the success with which the {insert appropriate department and/or board} is accomplishing its statutory duties and functions.<br />
<br />
<u>Section 3</u> Committee Membership and Term Length.<br />
<br />
(A) The Federal and State Funded Health Care Financing Programs Overview Committee to be composed of:<br />
<br />
:1. one member of the House of Representatives appointed by the Speaker of the House;<br />
<br />
:2. one member of the Senate appointed by the President of the Senate;<br />
<br />
:3. the chairperson of the House Committee on Appropriations or his or her designee;<br />
<br />
:4. the chairperson of the House Committee on Health and Human Services or his or her designee;<br />
<br />
:5. the chairperson of the House Committee on Ways and Means or his or her designee;<br />
<br />
:6. the chairperson of the Senate Appropriations Committee or his or her designee;<br />
<br />
:7. the chairperson of the Senate Health and Human Services Committee or his or her designee;<br />
<br />
:8. the chairperson of the Senate Finance Committee;<br />
<br />
:9. and the minority leaders of the Senate and House of Representatives or their designees.<br />
<br />
(B) The members of the committee shall serve {insert term, e.g. two-year terms} concurrent with their terms as members of the {insert state legislature}.<br />
<br />
<u>Section 4</u> Chair and Vice Chair Appointments and Term Lengths<br />
<br />
(A) Beginning in {insert year}, and every four years thereafter, the chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee.<br />
<br />
(B) The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member’s position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment.<br />
<br />
<u>Section 5</u> Health Agency Cooperation.<br />
<br />
The {insert appropriate department and/or board} shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee set forth in this Act may be timely and efficiently discharged.<br />
<br />
<u>Section 6</u> Committee Reports.<br />
<br />
The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the {inert state legislature} a report of its findings and recommendations based upon the review of the {insert appropriate department and/or board} as set forth in this Act.<br />
<br />
<u>Section 7</u> Funding and Salary.<br />
<br />
(A) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.<br />
<br />
(B) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.<br />
<br />
<u>Section 8</u> Severability Clause.<br />
<br />
<u>Section 9</u> Repealer Clause.<br />
<br />
<u>Section 10</u> Effective Date.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Exchange_Transparency_Act_Exposed&diff=8517Exchange Transparency Act Exposed2017-01-30T21:52:34Z<p>Alex Aaron: Created page with "The '''Exchange Transparency Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task Force]..."</p>
<hr />
<div>The '''Exchange Transparency Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task Force] at the 2014 Annual Meeting, approved by the Board of Directors October 11, 2014. (Accessed January 30, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:Requires health plans offered through a state-based health exchange to provide specific information in order for consumers to draw meaningful comparisons between plans.<br />
<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> This Act shall be known as the “Exchange Transparency Act.”<br />
<br />
<u>Section 2</u> Form of Information Available to the Public and Disclosures Required of Health Insurers.<br />
<br />
The following information about each health plan offered for sale to consumers shall be available to consumers on {insert state-based exchange website} in a clear and understandable form for use in comparing plans, plan coverage, and plan premiums:<br />
<br />
(1) The ability to determine whether specific types of specialists are in network and to determine whether a named physician, hospital or other health care provider is in network;<br />
<br />
(2) Any exclusions from coverage and any restrictions on use or quantity of covered items and services in each category of benefits;<br />
<br />
(3) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication;<br />
<br />
(4) The specific dollar amount of any copay or percentage coinsurance for each item or service;<br />
<br />
(5) The ability to determine whether a specific drug is available on formulary, the applicable cost-sharing requirement, whether a specific drug is covered when furnished by a physician or clinic, and any clinical prerequisites or authorization requirements for coverage of a drug;<br />
<br />
(6) The process for a patient to obtain reversal of a health plan decision where an item or service prescribed or ordered by the treating physician has been denied; and<br />
<br />
(7) An explanation of the amount of coverage for out of network providers or non- covered services, and any rights of appeal that exist when out of network providers or non-covered services are medically necessary.<br />
<br />
<u>Section 3</u> Enforcement.<br />
<br />
The {insert state insurance commissioner} may impose fines on any entity failing to meet the requirements of this act.<br />
<br />
<u>Section 4</u> Severability Clause.<br />
<br />
<u>Section 5</u> Repealer Clause.<br />
<br />
<u>Section 6</u> Effective Date.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Freedom_to_Purchase_Medical_Services_Act_Exposed&diff=8516Freedom to Purchase Medical Services Act Exposed2017-01-30T21:44:15Z<p>Alex Aaron: Created page with "The '''Freedom to Purchase Medical Services Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Servi..."</p>
<hr />
<div>The '''Freedom to Purchase Medical Services Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task Force] at the 2013 Annual Meeting, approved by the Board of Directors September 29, 2013. (Accessed January 30, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This bill protects a patient’s right to purchase health care services outside of the patient’s insurance or Medicaid plan. Patients may pay out-of-pocket for such services and health care professionals may accept those out-of-pocket payments. Further, this bill stipulates that the provision of medical services purchased and provided under the provisions of the bill shall not be deemed an offer of insurance nor be regulated by the insurance laws of the state.<br />
<br />
<br />
'''Model Policy'''<br />
Model Policy<br />
<br />
<u>Section 1</u> Title. This Act shall be known as the “Freedom to Purchase Medical Services Act.”<br />
<br />
<u>Section 2</u> Protection of Patient’s Right to Seek Care Outside of Insurance Plan.<br />
<br />
Nothing in State law shall be construed as prohibiting a patient or legal representative from seeking care outside the patient’s insurance plan, or outside the Medicaid program, and paying for such care.<br />
<br />
<u>Section 3</u> Protection of Medical Professional’s Right to Accept Out-of-Pocket Payment.<br />
<br />
Nothing in State law shall be construed as prohibiting a physician, other medical professional, or medical facility from accepting payment for out-of-network services or for private services provided to a Medicaid beneficiary.<br />
<br />
<u>Section 4</u> Protection of Benefits.<br />
<br />
A patient or legal representative shall not forfeit insurance benefits or Medicaid benefits because of purchasing medical services outside the system.<br />
<br />
<u>Section 5</u> Services Not Deemed Insurance.<br />
<br />
The offer and provision of medical services purchased and provided under this Act shall not be deemed an offer of insurance nor regulated by the insurance laws of this State.<br />
<br />
<u>Section 6</u> Required Disclosures.<br />
<br />
Providers must disclose the text of the Enrollee Hold Harmless Clause, or its equivalent, in insurance or managed-care provider contracts to patients or legal representatives if authorization for services or claims are denied, together with a plain-English explanation of its meaning.<br />
<br />
<u>Section 7</u> {Severability clause.}<br />
<br />
<u>Section 8</u> {Repealer clause.}<br />
<br />
<u>Section 9</u> {Effective date.}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Collegiate_Learning_Assessment_Act_Exposed&diff=8515Collegiate Learning Assessment Act Exposed2017-01-30T20:49:34Z<p>Alex Aaron: Created page with "The '''Collegiate Learning Assessment Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Education_Task_Force Education Task Force] at the 2013 Annual Mee..."</p>
<hr />
<div>The '''Collegiate Learning Assessment Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Education_Task_Force Education Task Force] at the 2013 Annual Meeting, approved by the Board of Directors September 29, 2013. (Accessed January 26, 2017)<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This model policy requires public colleges and universities to administer the Collegiate Learning Assessment (CLA) to all students during their freshman and senior years. The schools would also be required to publish the results, broken down by academic majors.<br />
<br />
:The act focuses on transparency in student-learning outcomes as the first step toward raising public awareness about areas of academic strength and weakness in certain schools and majors. This would guide prospective students toward schools and majors shown to yield significant increases in learning.<br />
<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> Title. <br />
<br />
This Act shall be known as “Collegiate Learning Assessment Act.”<br />
<br />
<u>Section 2</u> Definitions.<br />
<br />
(A) In this Act:<br />
<br />
:1. “Institution of higher education” means any public technical institute, public junior college, public senior college or university, public state college, or other agency of higher education as defined in this section. “Institution of higher education” does not include medical or dental units.<br />
<br />
<u>Section 2</u> Student Learning Outcomes for Institutions of Higher Education.<br />
<br />
(A) All institutions of higher education will administer the Collegiate Learning Assessment or a similar assessment to measure student learning outcomes, foster a transparent student learning environment, and increase accountability of institutions of higher education.<br />
<br />
(B) The Collegiate Learning Assessment will be administered to:<br />
<br />
:1. all incoming students prior to first enrolled semester;<br />
<br />
:2. all students who have completed 48 credit hours at or above the 100 level; and<br />
<br />
:3. all graduating students in the last semester of undergraduate enrollment.<br />
<br />
(C) Students who meet the eligibility requirements but, due to extenuating circumstances are unable to sit for the examination may petition the Vice President for Academic Affairs for a deferment prior to the test date or no later than the final day of the semester in which the examination should have been taken. Students granted deferments will sit for the examination during the next administration following the end of the deferment.<br />
<br />
(D) Failure to sit for the examination as scheduled, whether initially or following a deferment will result in denial of subsequent registration at all institutions of higher education. Students who have been denied registration due to failure to take the proficiency examination may apply for readmission after two academic terms (fall, spring, or summer). If readmitted, they must sit for the examination during the next administration. Failure to do so will result in immediate administrative withdrawal.<br />
<br />
(E) Transfer students are subject to and must meet the proficiency examination requirements.<br />
<br />
(F) Each university is authorized to charge students fees to cover the cost of retesting.<br />
<br />
(G) Participation in the proficiency examination as scheduled constitutes an excused absence. The institutions of higher education will supply each student with a notice to that effect. Students required to participate in the proficiency examination process may not be penalized in either their courses or in official university activities. Students required to participate in the proficiency examination will be allowed to make up any class events, including quizzes and exams, given during their absence. Students must be assured equity by being given make up exams, quizzes/assignments of equivalent content and expectations and within a reasonable time of the excused absence.<br />
<br />
(H) All institutions of higher education are required to report the results of the CLA to {insert appropriate state education board} in accordance with established reporting procedures.<br />
<br />
:1. All institutions of higher education are required to publish individual student scores on their respective official transcripts.<br />
<br />
<u>Section 3</u> {Severability clause.}<br />
<br />
<u>Section 4</u> {Repealer clause.}<br />
<br />
<u>Section 5</u> {Effective date.}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Honest_Transcript_Act_Exposed&diff=8514Honest Transcript Act Exposed2017-01-30T20:40:40Z<p>Alex Aaron: Created page with "The '''Honest Transcript Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Education_Task_Force Education Task Force] at the 2013 Annual Meeting, approve..."</p>
<hr />
<div>The '''Honest Transcript Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Education_Task_Force Education Task Force] at the 2013 Annual Meeting, approved by the Board of Directors September 29, 2013. (Accessed January 30, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:The Honest Transcript Act looks to correct grade inflation by requiring all public colleges and universities to include on student transcripts—alongside the individual grade the student received for each class—the average grade given by the professor for the entire class. This would help potential employers learn whether a given high grade-point average signifies superlative talent or merely that the student completed undemanding courses.<br />
<br />
:The bill does not seek to make universities do anything differently; it only asks them to make transparent for students, parents, and taxpayers what it is they are doing.<br />
<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> Title. <br />
<br />
This Act shall be known as the “Honest Transcript Act.”<br />
<br />
<u>Section 2</u> Definitions.<br />
<br />
(A) In this Act:<br />
<br />
:I. “Institution of higher education” means any public technical institute, public junior college, public senior college or university, public state college, medical or dental unit, or other agency of higher education as defined in this section.<br />
<br />
<u>Section 3</u> Average Grade Reporting on Transcripts.<br />
<br />
(A) Subject to Subsection (c), all institutions of higher education shall include on each student’s transcript, for each course listed therein, the average grade as determined by Subsection (b).<br />
<br />
(B) The average grade for each course shall be determined by averaging the final grades of all students that were:<br />
<br />
:I. assigned a final grade for the same course at the same institution of higher education;<br />
<br />
:II. assigned his or her final grade by the same professor or instructor; and<br />
<br />
:III. assigned his or her final grade for the course during the same academic period.<br />
<br />
(C) Institutions of higher education are exempt from the requirements of this section with respect to courses:<br />
<br />
:I. for which the student to whom the transcript pertains is one of ten or fewer students that have received grades qualified for averaging under Subsection (b); or<br />
<br />
:II. that are offered to students on a pass/fail basis or for independent study credit.<br />
<br />
<u>Section 4</u> Administration.<br />
<br />
The {insert appropriate state education board} shall adopt rules necessary to administer the provisions of this Act, as soon as practicable after this Act takes effect.<br />
<br />
<u>Section 5</u> {Severability clause.}<br />
<br />
<u>Section 6</u> {Repealer clause.}<br />
<br />
<u>Section 7</u> {Effective date.}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Electronic_Data_Privacy_Protection_Act_Exposed&diff=8513Electronic Data Privacy Protection Act Exposed2017-01-30T20:10:26Z<p>Alex Aaron: Created page with "The '''Electronic Data Privacy Protection Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Communications_and_Technology_Task_Force Communications and T..."</p>
<hr />
<div>The '''Electronic Data Privacy Protection Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Communications_and_Technology_Task_Force Communications and Technology Task Force] at the 2014 Annual Meeting, approved by the Board of Directors July 9, 2014. (Accessed January 30, 2017)<br />
<br />
==ALEC Bill Text==<br />
SECTION 1. {Title} This Act may be cited as the Electronic Data Privacy Protection Act.<br />
<br />
SECTION 2. {Purpose} The purpose of this Act is to clarify requirements for searches of electronic messages, mobile devices incident to arrest, and obtaining geolocation information.<br />
<br />
SECTION 3. {Definitions}<br />
(A) As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.<br />
<br />
Adverse Result<br />
“Adverse Result” means:<br />
:1 Immediate danger of death or serious physical injury;<br />
:2 Flight from prosecution;<br />
<br />
:3 Destruction of or tampering with evidence;<br />
:4 Intimidation of a potential witness; or<br />
<br />
:5 Substantially jeopardizes an investigation.<br />
::Biometric Information System. <br />
::: “Biometric Information System” means any tool, program, service, or system used to uniquely identify, verify identity of, and track individuals using retina and iris scans, fingerprints, voiceprints, hand and face geometry, gait patterns, or other automated systems.<br />
::Electronic Communication Service.<br />
:::“Electronic Communication Service” means a service that provides to Users the ability to send or receive wire or electronic communications as defined in 18 U.S.C. § 2510(15).<br />
::Electronic Device.<br />
:::“Electronic Device” means a device that contains data; or enables access to, or use of, an Electronic Communication Service, Remote Computing Service or Geolocation Information Service; or a radio-frequency identification chip or other transponder.<br />
::Domestic Entity.<br />
:::“Domestic Entity” has the meaning assigned by the state business organizations code.<br />
::Government Entity.<br />
:::“Government Entity” means a state or local department or agency.<br />
::Geolocation Information.<br />
:::“Geolocation Information” means any information that is not the content of an electronic communication as defined in 18 U.S.C. 2510, concerning the location of an Electronic Device that, in whole or in part, is generated by or derived from the operation or tracking of that device and that could be used to determine or infer information regarding the location of the person, but does not include Internet Protocol addresses.<br />
::Geolocation Information Service.<br />
:::“Geolocation Information Service” means the provision of a global positioning service or other mapping, locational, or directional information service to the public, or to such class of users as to be effectively available to the public, by or through the operation of any wireless communication device, including any Electronic Device, global positioning system receiving device, or other similar or successor device.<br />
::User. <br />
:::“User” means any person or entity who—<br />
::::a. uses an Electronic Communication Service, Remote Computing Service, Geolocation Information Service, or an Electronic Device; and<br />
::::b. may or may not be the person or entity having legal title, claim or right to the Electronic Device or data stored on the Electronic Device.<br />
<br />
::Remote Computing Service.<br />
:::“Remote Computing Service” means, as defined in 18 U.S.C. § 2711(2), the provision to the public of computer storage or processing services by means of an electronic communications system, as defined in 18 U.S.C. § 2510(14).<br />
<br />
SECTION 4. {Warrant required prior to search of Electronic Device obtained incident to arrest; warrant needed for acquisition of Geolocation Information}<br />
<br />
(A Except as provided in this subchapter or another provision of law, a Government Entity may not conduct a search of an Electronic Device without a valid search warrant issued by a duly authorized judge or justice using state warrant procedures.<br />
<br />
(B) Except as provided in this subchapter or another provision of law, information contained or stored in an Electronic Device is not subject to a search by a Government Entity incident to a lawful custodial arrest without a valid search warrant issued by a duly authorized judge or justice using state warrant procedures.<br />
<br />
(C) Except as provided in this subchapter or another provision of law, a Government Entity may not compel a User or Geolocation Information Service to provide a passkey, password, key code, to any Geolocation Information or Electronic Device without a valid search warrant issued by a duly authorized judge or justice using state warrant procedures.<br />
<br />
(D A Government Entity may not obtain Geolocation Information revealing the past, present or future location of an Electronic Device except:<br />
<br />
:1. With a valid search warrant issued by a duly authorized judge or justice using state warrant procedures;<br />
<br />
:2. With the consent of the person to whom the Geolocation Information pertains;<br />
<br />
:3. With the consent of a parent or legal guardian of a child or person adjudicated to be mentally incompetent to whom the Geolocation Information pertains;<br />
<br />
:4. In an emergency if the Geolocation Information is used respond to a request for assistance from the person to whom the information pertains, or to assist such person in circumstances when it is reasonable to believe that the life or safety of such person is threatened; or<br />
<br />
:5. To locate a stolen Electronic Device with the consent of the owner or operator of such device.<br />
<br />
(E) Nothing in Sec. 4 (D)(2)-(5) shall be interpreted to affect the rights and responsibilities of providers of an Electronic Communication Service, Geolocation Information Service, Remote Computing Service, or a Government Entity conferred by 18 U.S.C. §§ 2702 or 47 U.S.C. § 222.<br />
<br />
(F) Except as provided in another provision of law a Government Entity may not operate an Electronic Device to access data stored on an Electronic Communications Service or Remote Computing Service.<br />
<br />
(G) Except as provided in this subchapter or another provision of law, a Government Entity may not track, monitor or observe an individual, or an individual’s electronic communications, electronic habits or routines, or an individual’s habits or routines in public, using Biometric Information Systems, or obtain any information regarding a Biometric Information System related to Users without a valid search warrant issued by a duly authorized judge or justice using state warrant procedures.<br />
<br />
(H) A warrant issued under this subchapter may be served only on a service provider that is a Domestic Entity or a company or entity otherwise doing business in this state under a contract or terms of service agreement with a resident of this state, if any part of that contract or agreement is to be performed in this state, and the service provider shall produce all information sought regardless of where the information is held and within the period allowed for under the state’s criminal code provisions for compliance with the warrant.<br />
<br />
:(I) A judge or justice may issue a wiretap warrant under this subchapter for the Geolocation Information of an Electronic Device pursuant to this section for a period of time necessary to achieve the objective of the authorization, but in no case may an initial wire tap warrant seek present or future Geolocation Information for a period longer than 10 days. A judge or justice may grant an extension of a wire tap warrant upon a finding of continuing probable cause and a finding that the extension is necessary to achieve the objective of the authorization. An extension may not exceed 10 days.<br />
<br />
SECTION 5. {Notice}<br />
<br />
(A) Notice must be given to the User whose Electronic Device was searched or whose Geolocation Information was obtained by a Government Entity.<br />
<br />
(B) Timing and content of notice. <br />
Unless delayed notice is ordered under subsection C, the Government Entity shall provide notice to the User whose Electronic Device was searched or Geolocation Information was obtained by a Government Entity within three days of obtaining the Geolocation Information or conducting the search. The notice must be made by service or delivered by registered or first-class mail, e-mail or any other means reasonably calculated to be effective as specified by the court issuing the warrant. The notice must contain the following information:<br />
<br />
:The nature of the law enforcement inquiry, with reasonable specificity;<br />
:The Geolocation Information and information on the Electronic Device of the User that was supplied to or requested by the Government Entity and the date on which it was provided or requested;<br />
:If Geolocation Information was obtained from a provider of Geolocation Information Service or other third party, the identity of the provider of :Geolocation Information Service or the third party from whom the information was obtained; and<br />
:Whether the notification was delayed pursuant to subsection C and, if so, the court that granted the delay and the reasons for granting the delay.<br />
<br />
(C) Delay of notification. <br />
A Government Entity acting under section 4 may include in the application for a warrant a request for an order to delay the notification required under this section for a period not to exceed 90 days. The court shall issue the order if the court determines that there is reason to believe that notification may have an Adverse Result. Upon expiration of the period of delay granted under this subsection and any extension granted under subsection E, the Government Entity shall provide the User a copy of the warrant together with a notice pursuant to subsections A and B.<br />
<br />
(D) Preclusion of notice to User. <br />
A Government Entity acting under section 4 may include in its application for a warrant a request for an order directing a provider of Geolocation Information Service to which a warrant is directed not to notify any other person of the existence of the warrant for a period of not more than 90 days. The court shall issue the order if the court determines that there is reason to believe that notification of the existence of the warrant may have an Adverse Result. Absent an order to delay notification or upon expiration of the period of delay, a provider of Geolocation Information Service to which a warrant is directed may provide notice to any other person.<br />
<br />
(E) Extension. <br />
The court, upon application, may grant one or more extensions of orders granted under subsection C or D for up to an additional 90 days.<br />
<br />
SECTION 6. {Exceptions}<br />
<br />
(A) Nothing in this subchapter shall be interpreted to affect the rights and responsibilities of providers of an Electronic Communication Service, Geolocation Information Service, Remote Computing Service, or a Government Entity conferred by 18 U.S.C. §§ 2702 (a)-(c), 47 U.S.C. § 222, or a lawful exception to the warrant requirement.<br />
<br />
(B) A provider of Geolocation Information Service, Electronic Communication Service, or Remote Computing Services may divulge Geolocation Information pertaining to a user of such service to a government entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of Geolocation Information relating to the emergency so long as such disclosure is not in violation of 18 U.S.C. § 2702.<br />
<br />
(C) No later than 48 hours after seeking disclosure of information pursuant to this subsection, the Government Entity seeking to conduct the search or obtain the Geolocation Information shall file with the appropriate court a written statement setting forth the facts giving rise to the emergency and the facts as to why the information sought is believed to be important in addressing the emergency.<br />
<br />
SECTION 7 {Reporting requirements}<br />
<br />
(A) Report by judge or justice. <br />
No later than January 31st each year, the clerk of the court who issues or denies a warrant under Section 4 during the preceding calendar year must report on each warrant to the state’s administrative office of the courts. The report must include, but is not limited to:<br />
<br />
:The fact that the warrant was applied for;<br />
:The identity of the Government Entity that made the application;<br />
:The offense specified in the warrant or warrant application;<br />
:The nature of the facilities from which, the place where or the technique by which Geolocation Information was to be obtained;<br />
:The number of Electronic Devices searched and about which Geolocation Information was to be obtained;<br />
:Whether the warrant was granted as applied for or was modified or denied; and<br />
:The period of disclosures authorized by the warrant, and the number and duration of any extensions of the warrant<br />
<br />
(B) Report by administrative office of the courts to Legislature. <br />
In June of each year, beginning in 2014, the administrative office of the courts of the state shall submit to the Legislature a full and complete report concerning the number of applications for warrants authorizing or requiring searches or the disclosure of Geolocation Information pursuant to this subchapter, the number of times access to Geolocation Information was obtained pursuant to Section 6 during the preceding calendar year, the given reason for each exception under Section 6, and the identity of the Government Entity that requested the exception. The full and complete report must include a summary and analysis of the data required under this subsection, as well as a searchable, itemized, and accessible database populated with the complete data required under this subsection.<br />
<br />
(C) Report publicly accessible.<br />
In June of each year, beginning in 2014, the report summary and database required under subsection B must be made publicly available on the judicial branch’s publicly accessible website. The Administrative Office of the Courts may prescribe the form of the reports and databases under this section and shall make concentrated efforts to provide and maintain reports and databases available online to the general public in optimally usable forms or formats at no cost.<br />
<br />
SECTION 8. {Conditions of use of information}<br />
<br />
(A) Use of data or Geolocation Information obtained in violation of this subchapter not admissible. <br />
Except as proof of a violation of this subchapter, information obtained in violation of this subchapter is not admissible as evidence in a criminal, civil, administrative or other proceeding.<br />
<br />
(B) Conditions of use of data or Geolocation Information in proceeding. <br />
Data or Geolocation Information obtained pursuant to this subchapter or evidence derived from that information may be received in evidence or otherwise disclosed in a trial, hearing or other proceeding only if each party, before the trial, hearing or proceeding, has been furnished with a copy of the warrant and accompanying application under which the information was obtained pursuant to the state code of criminal procedure.<br />
<br />
(C) Exception. <br />
The requirement under subsection B may be waived if a judge makes a finding that it was not possible to provide a party with the warrant and accompanying application prior to a trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving the information.<br />
<br />
SECTION 9. {Action against a corporation}<br />
<br />
(A) No cause of action shall lie in any court of this state against any provider of an Electronic Communications Service, Remote Computing Service, or Geolocation Information Service, or its officers, employees, agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a warrant or exception under this subchapter or with a good faith reliance on a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization (including a request of a governmental entity); or<br />
A good faith determination that such disclosure is permitted under this Act.<br />
<br />
SECTION 10 {Evidentiary Admissibility}<br />
<br />
(A) An original or certified copy of any data produced pursuant to a warrant or exception in accordance with this subsection shall be self-authenticating and admissible into evidence as provided in Fed. R. Evid. 902(11) and 803(6).<br />
<br />
SECTION 11 {Reimbursement}<br />
<br />
(A) Payment— Except as otherwise provided by law, a Government Entity obtaining data under this section shall pay to the person or entity assembling or providing such information a fee for reimbursement for costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.<br />
<br />
(B) Amount— The amount of the fee provided by subsection (a) shall be as mutually agreed by the Government Entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).<br />
<br />
SECTION 11. {Limitations} <br />
<br />
(A) The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.<br />
<br />
SECTION 12. {Effective Date} <br />
<br />
(A) This act takes effect upon approval by the Governor.<br />
<br />
SECTION 13. {Severability Clause}<br />
<br />
(A) Should any part of this Act be rendered or declared unconstitutional by a court of competent jurisdiction of the State, such invalidation of such part or portion of this Act should not invalidate the remaining portions thereof, and they shall remain in full force and effect.<br />
<br />
SECTION 14. {Repealer Clause}<br />
<br />
(A) The following laws are hereby repealed:</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Employee_Choice_Act_Exposed&diff=8512Employee Choice Act Exposed2017-01-30T19:38:21Z<p>Alex Aaron: Created page with "The '''Public Employee Choice Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Commerce,_Insurance_and_Economic_Development_Task_Force Commerce, Insuran..."</p>
<hr />
<div>The '''Public Employee Choice Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Commerce,_Insurance_and_Economic_Development_Task_Force Commerce, Insurance and Economic Development Task Force] at the 2013 Annual Meeting, approved by the Board of Directors July 1, 2014. (Accessed January 30, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:Government employees and any unions they may designate to represent them are excluded from National Labor Relations Act (NLRA), and are instead subject to state and local laws governing collective bargaining. Many of these laws are “monopoly bargaining laws,” meaning that even in states with right-to-work legislation —which bars payment of dues or fees as a condition of employment — employees are still forced to accept a union as their sole representative in the workplace. Similarly, unions are required to represent employees who do not wish to be represented. Employees do not have the right to negotiate their own contract or adjust their own grievances, or secure their own representation in disciplinary hearings with their employer.<br />
<br />
:This act establishes the workers’ right to opt-out of union representation and represent themselves, as well as allowing unions to forego representation of non-dues or fee payers. It does not change the rubric of collective bargaining in any other way except that, under the act, a worker has the choice to either remain in a union that has achieved majority consent from the employees in the unit, or to fully and independently represent themselves.<br />
<br />
:NOTE: It is recommended this legislation be introduced after or in conjunction with ALEC’s Right to Work Act.<br />
<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> {Short Title.} This Act shall be known as the Public Employee Choice Act.<br />
<br />
<u>Section 2</u> {Legislative Declarations.} This legislature finds and declares that:<br />
<br />
(A) An employer and employee should be free to contract on their own terms.<br />
<br />
(B) Monopoly collective bargaining laws violate this freedom.<br />
<br />
(C) As a result, it is against the public policy interests of this State/Commonwealth to impose monopoly collective bargaining laws on public employees who wish to represent themselves.<br />
<br />
<u>Section 3</u> {Definitions.} For the purposes of this Act,<br />
<br />
(A) “Independent bargaining” or “to bargain independently” means to bargain between a public employer and a public employee with respect to rates of pay, wages, hours of employment, adjustment of grievances or other terms and conditions of employment without the intervention of an employee organization, bargaining agent, or exclusive bargaining representative.<br />
<br />
:(i) Independent bargaining does not grant any greater or lesser rights or privileges to public employees who have chosen to represent themselves in a unit with an exclusive representative than those public employees in a unit without an exclusive bargaining representative.<br />
<br />
:(ii) Independent bargaining does not grant any greater or lesser duties or obligations for a public employer to public employees who have chosen to represent themselves in a unit with an exclusive bargaining representative than those duties or obligations the public employer owe to public employees in a unit without an exclusive bargaining representative.<br />
<br />
(B) “Employee organization” means any association or organization of employees, and any agency, employee representation committee, or plan in which employees participate that exists, in whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.<br />
<br />
(C) “Public employee” means a person holding a position by appointment or employment in the government of this State, or any of its political subdivisions, including, but not limited to, public schools, and any authority, commission or board, or in any other branch of public service.<br />
<br />
(D) “Public employer” means any state or local government, government agency, government instrumentality, special district, joint powers authority, public school board or special purpose organization that employs one or more persons in any capacity.<br />
<br />
(E) “Collective bargaining” means the performance of the mutual obligation of the representatives of the public employer and the employee organization designated as an exclusive bargaining representative to meet and bargain in good faith in an effort to reach written agreement with respect to wages, hours, and terms and conditions of employment.<br />
<br />
(F) “Exclusive bargaining representative” means any employee organization that has been certified or designated by the [state official/agency] pursuant to the provisions of [insert applicable state labor law] as the representative of the employees in an appropriate collective bargaining unit to represent the employees in their employment relations with employers.<br />
<br />
<u>Section 4</u> {Public employee choice guaranteed.}<br />
<br />
(A) Public employees shall have the right to independently bargain in their relations with the public employer.<br />
<br />
(B) No provision of any agreement between an employee organization and a public employer, or any other public policy, shall impose representation by an employee organization on public employees who are not members of that organization and have chosen to bargain independently. Nothing in any collective bargaining agreement shall limit a public employee’s ability to negotiate with his public employer or adjust his grievances directly with his public employer, nor shall a resolution of any such negotiation or grievance be controlled or limited by the terms of a collective bargaining agreement.<br />
<br />
(C) There shall be not more than one exclusive bargaining representative designated by the [state official/agency] pursuant to the provisions of [insert applicable state labor law] as the representative of the public employees in an appropriate collective bargaining unit.<br />
<br />
(D) No provision of any agreement between an employee organization and a public employer, or any other public policy, shall impose any wages or conditions of employment for members of an employee organization which are linked or contingent upon wages or conditions of employment to public employees who are not members of an employee organization.<br />
<br />
<u>Section 5</u> {Agreements in violation, and actions to induce such agreements, declared illegal.<br />
<br />
(A) Any agreement, understanding or practice, written or oral, implied or expressed, between any employee organization and public employer that violates the rights of employees as guaranteed by provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Any strike, picketing, boycott or other action by an employee organization for the purpose of inducing or attempting to induce an employer to enter into any agreement prohibited by this chapter is hereby declared to be for an illegal purpose and is a violation of the provisions of this chapter.<br />
<br />
<u>Section 6</u> {Coercion and intimidation prohibited.}<br />
<br />
(A) It shall be unlawful for any person, employee organization, or officer, agent, or member thereof, or any public employer, by any threatened or actual intimidation of an employee or prospective employee, or an employee or prospective employee’s parents, spouse, children, grandchildren, or any other persons residing in the employee’s or prospective employee’s home, or by any damage or threatened damage to an employee or prospective employee’s property, to compel or attempt to compel such employee to join, affiliate with, or financially support an employee organization.<br />
<br />
<u>Section 7</u> {Penalties.}<br />
<br />
(A) Any person who directly or indirectly violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding(insert amount) or imprisonment for a period of not more than (insert time period), or both such fine or imprisonment.<br />
<br />
<u>Section 8</u> {Duty to investigate.}<br />
<br />
(A) It shall be the duty of the state attorney general to investigate complaints of violation or threatened violations of this chapter and to prosecute any or all persons violating any of its provisions, and to take all means at his or her command to ensure its effective enforcement.<br />
Section 9. {Prospective application.}<br />
<br />
(A) The provisions of this chapter shall apply to all contracts or contract extensions entered into after the effective date of this chapter, but no later than two years hence.<br />
<br />
<u>Section 9</u> {Severability clause.}<br />
<br />
<u>Section 10</u> {Repealer clause.}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=The_Phantom_Damages_Elimination_Act_Exposed&diff=8509The Phantom Damages Elimination Act Exposed2017-01-30T19:16:00Z<p>Alex Aaron: Created page with "The '''Phantom Damages Elimination Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Civil_Justice_Task_Force Civil Justice Task Force] at the 2011 Annua..."</p>
<hr />
<div>The '''Phantom Damages Elimination Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Civil_Justice_Task_Force Civil Justice Task Force] at the 2011 Annual Meeting, approved by the Board of Directors October, 2011. (Accessed January 30, 2017).<br />
<br />
==ALEC Bill Text==<br />
<u>Section 1</u> {Title} This Act may be known as the Phantom Damages Elimination Act.<br />
<br />
<u>Section 2</u> {Purpose} The purpose of this section is to prevent compensatory damage awards for medical expenses from including amounts that the claimant has not and will not pay for such medical care or treatment.<br />
<br />
<u>Section 3</u> {Recovery of Medical or Health Care Expenses} In an action to recover damages resulting from death or injury, the damages that may be recovered by a claimant for reasonable and necessary health care services or treatment received shall include only:<br />
<br />
(A) amounts actually paid by or on behalf of the claimant; and<br />
<br />
(B) amounts actually necessary to satisfy unpaid charges still due and payable to the health care service provider for which the claimant or a third party on behalf of the claimant has a legal obligation to pay.<br />
<br />
<u>Section 4</u> {Excessive Unpaid Charges} Unpaid charges under Section 3(b) shall not exceed amounts customarily accepted by health care service providers for the health care services or treatment at issue in satisfaction of their bills.]<br />
<br />
<u>Section 5</u> {Inadmissibility of Gross Amount Billed} The gross amounts of a claimant’s medical bills are inadmissible as evidence of damages where such gross amounts are not reflective of the actual amounts paid or that remain actually owed to satisfy those bills.<br />
<br />
<u>Section 6</u> {Rule of Construction} This Act is in addition to, and does not otherwise affect, any other limitation on damages.<br />
<br />
<u>Section 7</u> {Effective Date} This Act is effective upon enactment and shall apply to any action filed on or after the effective date of this Act.<br />
<br />
Given the nuances in state law discussed above, legislators should contact the ALEC Civil Justice Task Force to evaluate the law of their states when developing legislation.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Retirement_System_Board_of_Trustees_and_Employees_Prudent_Investor_Act_Exposed&diff=8501Retirement System Board of Trustees and Employees Prudent Investor Act Exposed2017-01-26T21:56:19Z<p>Alex Aaron: Created page with "The '''Retirement System Board of Trustees and Employees Prudent Investor Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Fo..."</p>
<hr />
<div>The '''Retirement System Board of Trustees and Employees Prudent Investor Act''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] at the 2014 Annual Meeting, approved by the Board of Directors July 1, 2014. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This Act promotes security, stability, and accountability in state retirement systems. A trustee or director of a state retirement system must comply with a series of prudent investor guidelines. These guidelines include risk and return objectives, diversification, loyalty, investment costs, compliance, and delegation of management functions.<br />
<br />
:This Act shall be known and may be cited as the “{insert state} Retirement System Board of Trustees and Retirement System Employees Prudent Investor Act.”<br />
<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u> {Prudent Investor Rule}<br />
<br />
(A) Except as otherwise provided in subsection B of this section, a trustee or director of any {insert state} retirement system who invests and manages, or delegates the approval of the investment or management of retirement system assets owes a duty to the beneficiaries of the system to comply with the prudent investor rule set forth in the “{insert state} Retirement System Board of Trustees and Retirement System Employees Prudent Investor Act.”<br />
<br />
(B) A trustee or director or retirement system employee is not liable to a beneficiary or state taxpayer to the extent that the trustee, director or retirement system employee acted in reasonable reliance on the statutory provisions and rules of the retirement system. A trustee or director or retirement system employee who exercises reasonable care, skill, and caution in performance of actions as a trustee or director or retirement system employee is not liable to a beneficiary for the actual investment return results or retirement system operational results.<br />
<br />
<u>Section 2</u> {Standard of Care – Portfolio Strategy – Risk and Return Objectives}<br />
<br />
(A) A trustee or director or retirement system employee shall invest and manage or approve the investment and management of retirement system assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the retirement system. In satisfying this standard, the trustee or director or retirement system employee shall exercise reasonable care, skill, and caution.<br />
<br />
(B) A trustee or director or retirement system employee’s investment and management decisions or approval of investment and management decisions respecting individual assets of the retirement system must be evaluated not in isolation, but in the context of the retirement system’s portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the statutory and rules governing the system. Investment and management decisions shall be made on an impartial basis.<br />
<br />
(C) Among circumstances that a trustee or director or retirement system employee shall consider in investing and managing retirement system assets or the delegation of approval of investing and managing retirement system assets are those of the following as are relevant to the retirement system or its beneficiaries:<br />
<br />
:(1) General economic conditions;<br />
<br />
:(2) The possible effect of inflation or deflation;<br />
<br />
:(3) The expected tax consequences of investment decisions or strategies;<br />
<br />
:(4) The role that each investment or course of action plays within the overall retirement system portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;<br />
<br />
:(5) The expected total return from income and the appreciation of capital;<br />
<br />
:(6) Other resources of the retirement system on behalf of beneficiaries;<br />
<br />
:(7) Needs for liquidity, regularity of income, and preservation or appreciation of capital; and<br />
<br />
:(8) An asset’s special relationship or special value, if any, to the purposes of the retirement system or to the beneficiaries.<br />
<br />
(D) A trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets shall make a reasonable effort to verify facts relevant to the investment and management of retirement system assets.<br />
<br />
(E) A trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets may invest in any kind of property or type of investment consistent with the standards of the “{insert state} Retirement System Board of Trustees and Retirement System Employees Prudent Investor Act.”<br />
<br />
(F) A trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets shall not make a determination to invest or increase the investment of retirement system assets based on ideological or non-financial related criteria for or against specific industries. A trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets shall not make a determination to avoid investment of or reduce the investment of retirement system assets based on ideological or non-financial related criteria for or against specific industries. A trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets shall not make a determination to employ or terminate employment of an investment manager or consultant based on ideological or non-financial related criteria. Prior to a determination by a trustee or director or retirement system employee to avoid investment of or reduce the investment of retirement system assets in a specific industry, or employ or terminate employment of an investment manager or consultant, external expertise from an independent third-party must be consulted. The results and recommendation of the consulted expertise shall be made available for public review.<br />
<br />
<u>Section 3</u> {Diversification}<br />
<br />
A trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets shall diversify the investments of the retirement system unless it is reasonably determined that, because of special circumstances, the purposes of the retirement system are better served without diversifying.<br />
<br />
<u>Section 4</u> {Loyalty}<br />
<br />
A trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets shall invest and manage the retirement assets solely in the interest of the beneficiaries.<br />
<br />
<u>Section 5</u> {Investment Costs}<br />
<br />
In investing and managing retirement system assets, a trustee or director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets may only incur costs that are appropriate and reasonable in relation to the assets of the retirement system.<br />
<br />
<u>Section 6</u> {Reviewing Compliance}<br />
<br />
Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee director or retirement system employee or a trustee or director or retirement system employee who delegates approval of investing and managing retirement system assets’ decision or action and not by hindsight.<br />
<br />
<u>Section 7</u> {Delegation of Investment and Management Functions}<br />
<br />
(A) A trustee or director or retirement system employee may delegate investment and management functions. The trustee shall exercise reasonable care, skill, and caution in:<br />
<br />
:(1) Selecting an agent;<br />
<br />
:(2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the retirement system; and<br />
<br />
:(3) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the terms of the delegation.<br />
<br />
(B) In performing a delegated function, an agent owes a duty to the retirement system to exercise reasonable care to comply with the terms of the delegation.<br />
<br />
(C) A trustee or director or retirement system employee of a retirement system who complies with the requirements of subsection A of this section is not liable to the beneficiaries or to the retirement system for the decisions or actions of the agent to whom the function was delegated.<br />
<br />
(D) By accepting the delegation of a retirement system function from the trustee or director or retirement system employee of a retirement system that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state.<br />
<br />
<br />
<br />
<u>Section 8</u> {Severability clause.}<br />
<br />
<u>Section 9</u> {Repealer clause.}<br />
<br />
<u>Section 10</u> {Effective date.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Resolution_to_Endorse_the_Recommendations_of_the_2014_Blue_Ribbon_Panel_on_Public_Pension_Plan_Funding_Exposed&diff=8500Resolution to Endorse the Recommendations of the 2014 Blue Ribbon Panel on Public Pension Plan Funding Exposed2017-01-26T21:37:48Z<p>Alex Aaron: Created page with "The '''Resolution to Endorse the Recommendations of the 2014 Blue Ribbon Panel on Public Pension Plan Funding''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/AL..."</p>
<hr />
<div>The '''Resolution to Endorse the Recommendations of the 2014 Blue Ribbon Panel on Public Pension Plan Funding''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors January 9, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
WHEREAS, many states and local government entities are facing significant defined benefit (DB) pension unfunded liabilities. The cumulative deficits computed in today’s dollars are estimated to be between $1T to $3T with some estimates exceeding this range depending upon the precise actuarial methodology and assumptions utilized.<br />
<br />
WHEREAS, such deficits are unsustainable and have led to repeated fiscal concerns expressed by actuaries, accountants and other financial professionals. These pension liabilities, together with other fiscal imbalances, have resulted in successive credit rating downgrades of state and local debt.<br />
<br />
WHEREAS, many DB plans are projected to become insolvent unless significant and comprehensive reforms are enacted to make these plans sustainable.<br />
<br />
WHEREAS, plan design changes affecting both current and future members represent an essential component of the necessary comprehensive pension reforms.<br />
<br />
WHEREAS, to achieve long-term DB plans sustainability will require accompanying reforms consisting of adopting and consistently adhering to proper funding policies.<br />
<br />
WHEREAS, to date the predominate focus of most pension reform efforts has emphasized plan design changes while frequently neglecting or deferring the necessary and appropriate reforms to existing funding policies.<br />
<br />
WHEREAS, chronic underfunding and the absence of sound funding policies will lead to more plan insolvencies even if plan design changes are successfully implemented.<br />
<br />
WHEREAS, there is a paucity of efforts addressing proper pension funding practices. What is needed is a template to develop proper funding reforms.<br />
<br />
WHEREAS, a basic funding tenet is that, in the aggregate, pension benefits should be funded over the same period that benefits are being earned.<br />
<br />
WHEREAS, in the spirit of federalism, every state should determine a precise funding policy {and adhere to it} based upon sound financial funding principles.<br />
<br />
NOW, THEREFORE BE IT RESOLVED in support of achieving the necessary comprehensive and sustainable pension reforms, such long-overdue funding reforms must be adopted and consistently followed. To facilitate the development of this important goal, {insert state} supports the recommendations found in 2014 Blue Ribbon Panel on Public Pension Plan Funding Report based upon the four basic funding principles of Adequacy, Intergenerational Equity, Cost Stability and Predictability. As such, {insert state} endorses this report as a starting point for the development of a precise set of funding assumptions and funding methods appropriate to the respective public entity.<br />
<br />
Establishing and consistently adhering to a DB funding policy consistent with these principles has secondary benefit as being generally consistent with many of the tenets formulated by the Government Accounting Standards Board (GASB) and certain credit rating agencies.<br />
<br />
BE IT FURTHER RESOLVED that achieving this basic level and standard of pension funding should be achieved without the use of new debt.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Tax_Reduction_Fund&diff=8499Tax Reduction Fund2017-01-26T21:28:48Z<p>Alex Aaron: </p>
<hr />
<div>'''The Tax Reduction Fund''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
<u>Section 1</u><br />
{Title} This act shall be known as the {chosen state tax} Tax Reduction Fund<br />
<br />
<u>Section 2</u> {Definition}<br />
<br />
: (a) The {chosen state tax} tax reduction fund is a special fund in the state treasury outside the general revenue fund. The comptroller shall administer the fund. The fund consists of:<br />
<br />
:: (1) money transferred to the fund in accordance with Subsection (b); and<br />
<br />
:: (2) interest earned on money in the fund.<br />
<br />
: (b) The comptroller shall transfer money to the fund as directed by the legislature in the General Appropriations Act or by other law.<br />
<br />
: (c) Money in the fund may be used only for a state {chosen state tax} tax reduction period and is not subject to appropriation unless transferred to the general revenue fund, or an account in the general revenue fund, as provided by that section.<br />
<br />
<u>Section 3</u><br />
<br />
: (a) Not later than the 90th day of each state fiscal year, the comptroller shall determine whether there are sufficient balances in the {chosen state tax} tax reduction fund so that 95 percent of the balances would equal or exceed the amount necessary to reimburse the general revenue fund for the estimated amount of state {chosen state tax} tax revenue the state would forgo if the state {chosen state tax} tax rate were reduced by at desired percent for a period.<br />
<br />
: (b) If the comptroller determines that 95 percent of the balances in the {chosen state tax} tax reduction fund would support a reduction in the state {chosen state tax} tax rate for at least the period described by Subsection (c), the comptroller shall declare a reduced {chosen state tax} tax rate. The comptroller shall determine the length of the period during which the {chosen state tax} tax rate will be reduced, and the reduced {chosen state tax} tax rate for that period, in a manner that provides for the greatest reduction in the {chosen state tax} tax rate for the longest period of time possible given the comptroller’s determination of the fund’s available balance under Subsection (c).<br />
<br />
: (c) The comptroller shall publish notice of the reduced state {chosen state tax} tax rate and the period during which the {chosen state tax} tax rate is reduced in the { state } Register, shall mail notice of the reduced {chosen state tax} tax rate to each permit holder, and may provide notice by other means the comptroller determines prudent.<br />
<br />
: (d) On the day after the last day of the period for which the state {chosen state tax} tax rate is reduced under this section, the comptroller shall calculate the positive difference between the estimated state {chosen state tax} tax revenue anticipated to be collected during the period for which the {chosen state tax} tax rate is reduced and the estimated state {chosen state tax} tax revenue that would be collected during the same period if the {chosen state tax} tax rate were not reduced during that period.<br />
<br />
<u>Section 4</u> <br />
{Enforcement}<br />
<br />
: (h) The comptroller shall adopt rules to implement this section.<br />
<br />
<u>Section 5</u> <br />
{Severability Clause}<br />
<br />
<u>Section 6</u> <br />
{Repealer Clause}<br />
<br />
<u>Section 7</u> <br />
{Effective Date}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Act_to_Establish_the_State_Obligation_Recovery_Center&diff=8498Act to Establish the State Obligation Recovery Center2017-01-26T21:26:57Z<p>Alex Aaron: </p>
<hr />
<div>The '''Act to Establish the State Obligation Recovery Center ''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
<br />
'''Summary'''<br />
:This Act creates a State Obligation Recovery Center (SORC), which shall work to recover obligations owed to the state. The SORC is not a debt collection agency and the character of the obligation with the referring entity remains the same once referred to the SORC. The SORC may be used by any executive agency, the state legislature, the Judicial System, the state higher education system, and any local government.<br />
<br />
<br />
<u>Section 1</u><br />
{Title} This act shall be known as An Act to establish the State Obligation Recovery Center<br />
<br />
<u>Section 2</u><br />
The SORC shall have the ability to use the referring entity’s statutory collection authority to recover the obligations owed to the referring entity. The SORC shall also have the authority to:<br />
*Sue;<br />
*File liens;<br />
*Enter into payment agreements with debtors;<br />
*Impose a cost recovery charge;<br />
*Collect data for obligation recovery purposes;<br />
*Establish and maintain a centralized electronic obligation registry;<br />
*Exercise the settlement authority granted to it by the referring entity;<br />
*Provide information to the motor vehicle division of the Department of Revenue regarding the non-renewal of registrations for motor vehicles, motorcycles, boats or other conveyances;<br />
*Provide information to any unit of the state regarding the non-renewal of professional licenses;<br />
*Provide information to the Department responsible for hunting licenses and fishing licenses regarding the non-issuance of hunting and fishing licenses;<br />
*Impose an administrative wage assignment process;<br />
*Establish and maintain a financial institution data match system;<br />
*Impose an administrative bank levy process;<br />
*Set-off against any monies to be paid by the state to a debtor for any obligation owed by the debtor;<br />
*Contract with collection agencies for the recovery of an obligation on behalf of the SORC;<br />
*Utilize any other obligation recovery methods authorized by state law; and<br />
*All other authority granted to the SORC by this Act.<br />
<br />
The SORC may determine which method or combination is most suitable to recover the obligation.<br />
<br />
A state debtor is prohibited from renewing, obtaining or maintaining the following licenses or registrations unless the obligation and cost recovery charge is either paid in full or the debtor has entered into a payment plan with the SORC and the payment plan is current:<br />
*Any registration for any motor vehicle, motorcycle, boat, or other conveyances;<br />
*Any professional license; and<br />
*Any hunting license or any fishing license.<br />
<br />
To fund its operations, the SORC will collect a cost recovery charge, which shall be 20 percent of the principal amount of the obligation. All methods available to recover any obligation referred to the SORC are available to the SORC for the collection of the cost recovery charge. The SORC shall retain the cost recovery fee and transfer any monies collected from a debtor to the referring entity within thirty days after the end of the month in which the monies were collected. If the amount recovered is less than the obligation and the cost recovery charge, the amount recovered shall be prorated between the referred obligation and the cost recovery charge.<br />
<br />
Prior to transferring any obligation to the SORC, the referring entity shall send a final notification to the debtor that the obligation will be referred to the SORC and a 20 percent cost recovery charge will be added. Challenges to any obligation recovery by the SORC may be initiated only in writing and by the debtor.<br />
<br />
The SORC shall keep any information regarding any obligation referred to the SORC confidential. Notwithstanding any law to the contrary, referring entities are authorized to transmit data to the SORC deemed necessary by the SORC to aid in the obligation recovery.<br />
<br />
Any payment of any kind to be made to a debtor by the state, when the debtor has an obligation that is referred to the SORC, is subject to offset by the SORC unless the obligation and cost recovery charge is either paid in full or the debtor has entered into a payment plan with SORC and the payment plan is current.<br />
<br />
Notwithstanding other statutory provisions which provide for execution, attachment, garnishment, or levy against accounts, the SORC may use an administrative wage assignment or administrative bank levy process to collect the debt referred to the SORC.<br />
<br />
If the SORC is unable to recover the referred obligation, the SORC, with the approval of the referring entity, may forward the obligation to a collection agency, which is permitted to add a collection charge.<br />
<br />
The SORC shall have the ability to promulgate rules for its operation. The SORC shall maintain the necessary data to provide statistical measurements of the operation of the SORC as provided in this Act.<br />
<br />
<br />
<u>Section 3</u> {Severability Clause}<br />
<br />
<u>Section 4</u> {Repealer Clause}<br />
<br />
<u>Section 5</u>{Effective Date}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Act_to_Prohibit_State_Agencies_from_Obligating_Effort_Requirements&diff=8497Act to Prohibit State Agencies from Obligating Effort Requirements2017-01-26T21:26:38Z<p>Alex Aaron: </p>
<hr />
<div>The '''Act to Prohibit State Agencies from Obligating the State to Federal Maintenance of Effort Requirements''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This act would prohibit state agencies from committing the state to federal maintenance of effort requirements without approval of the legislature.<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u><br />
{Title} This act shall be known as An ACT to prohibit state agencies from obligating [insert state] to federal maintenance of effort requirements<br />
<br />
<u>Section 2</u><br />
It is hereby prohibited for any state employee, state agency or state agent to enter into any agreement, including but not limited to cost-sharing agreements and grants, which obligates [insert state] to any explicit or implied maintenance of effort requirements without the express prior consent of [insert state] Legislature. For this purpose, maintenance of effort shall include the expenditure of state funds and any action to be undertaken by [insert state] including but not limited to regulatory action.<br />
<br />
<u>Section 3</u><br />
{Severability Clause}<br />
<br />
<u>Section 4</u><br />
{Repealer Clause}<br />
<br />
<u>Section 5</u><br />
{Effective Date}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Resolution_on_the_Tax_%26_Fiscal_Effects_of_Medicaid_Expansion_Exposed&diff=8496Resolution on the Tax & Fiscal Effects of Medicaid Expansion Exposed2017-01-26T21:26:08Z<p>Alex Aaron: </p>
<hr />
<div>The '''Resolution on the Tax & Fiscal Effects of Medicaid Expansion''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This resolution memorializes the harmful fiscal effects of Medicaid expansion under the Patient Protection and Affordable Care Act, otherwise known as ObamaCare, and commends the 21 states that have rejected ObamaCare’s Medicaid expansion.<br />
<br />
'''Resolution'''<br />
<br />
WHEREAS, the Patient Protection and Affordable Care Act (PPACA) permit states to voluntarily opt in to Medicaid expansion, which extends taxpayer-funded health benefits to able-bodied, working-age, largely childless adults earning up to 138 percent of the federal poverty level (FPL); and<br />
<br />
WHEREAS, Twenty-nine states have implemented PPACA’s Medicaid expansion; and<br />
<br />
WHEREAS, Twenty-one states—Alabama, Alaska, Florida, Georgia, Idaho, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming—have rejected PPACA’s Medicaid expansion; and<br />
<br />
WHEREAS, The twenty-one states rejecting PPACA’s Medicaid expansion will save federal taxpayers $366.4 billion and state taxpayers $27.46 billion through 2022, according to the Urban Institute;[1] and<br />
<br />
WHEREAS, The twenty-one states rejecting PPACA’s Medicaid will rescue 7.8 million able-bodied, working-age adults from Medicaid welfare dependency;<br />
<br />
WHEREAS, Arkansas and New Hampshire implemented PPACA’s Medicaid expansion in 2013 and 2014, respectively, but are ending their Medicaid expansion programs in December 2016, moving another 250,000 able-bodied, working-age adults from welfare to work; and<br />
<br />
WHEREAS, PPACA’s Medicaid expansion is largely funded with federal tax dollars, with the federal debt totaling more than $18 trillion; and<br />
<br />
WHEREAS, Medicaid consumes more than 25 percent of all state spending, according to the National Association of State Budget Officers, and total Medicaid spending grew nearly three times faster than total K-12 spending in Fiscal Year 2014;[2] and<br />
<br />
WHEREAS, A comprehensive study by the National Bureau of Economic Research found that expanding Medicaid to able-bodied adults reduced employment and earnings among expansion populations;[3] and<br />
<br />
WHEREAS, Researchers at Texas A&M University, Georgetown University, and the University of Illinois found that expanding Medicaid to childless adults could lower the likelihood of working by up to 10 percentage points, meaning PPACA’s Medicaid expansion could cause 2.6 million Americans to drop out of the labor force entirely.[4]<br />
<br />
THEREFORE BE IT RESOLVED THAT The states of Alabama, Alaska, Florida, Georgia, Idaho, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming shall be commended for protecting taxpayers, jobs, and the economy by rejecting PPACA’s Medicaid expansion.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Resolution_in_Support_of_Pension_Reform_Bridge_Funding_and_Compliant_OPEB_Liability_Funding_Exposed&diff=8495Resolution in Support of Pension Reform Bridge Funding and Compliant OPEB Liability Funding Exposed2017-01-26T21:25:36Z<p>Alex Aaron: </p>
<hr />
<div>The '''Resolution in Support of Pension Reform Bridge Funding and Compliant OPEB Liability Funding''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Whereas''', State, County and Municipal Governments have accrued trillions of dollars in unfunded Pension and OPEB Post-Retirement Benefit Liabilities over the course of many decades.<br />
<br />
'''Whereas''', these unfunded Pension and OPEB Liabilities have been recognized by the Bond and Credit issuing Institutions as a matter of grave concern that can and will affect the Bond and Credit Rating for all Public Sector entities that do not take compliant steps toward eradicating these liabilities.<br />
<br />
'''Whereas''', the Government Accounting Standards Bureau (GASB) has mandated that full disclosure of the Net Pension and OPEB Liability, on the Governmental Balance Sheet, unless a GASB compliant liability payment plan is executed and duly followed that will allow for the liability plus accruals (ARC Payment) within 30 years.<br />
<br />
'''Whereas''', the budgetary constraints facing all Governmental entities would preclude virtually all States, Counties and Municipalities from paying out of current and future Budgets an amount that would satisfy the GASB compliance mandate of 30 years to pay off the current Pension and OPEB Liability balances plus accrual.<br />
<br />
'''Whereas''', ignoring the effect these unfunded liabilities will have on future credit and Bond ratings is at best “kicking the can down the road” for not-too-distant future legislators to deal with in an even more precarious economic environment.<br />
<br />
'''Now Therefore Be It Resolved''', that the legislators of (insert State) are on record as supporting an initiative to explore the utilization of a Private Sector Funding Tool that has been utilized, very successfully, in the retirement of very large Pension shortfall and OPEB Liability funding over several years. This initiative will allow for complete and total investigation and due diligence by the governmental entity to make sure that all parties are informed and comfortable regarding the funding tool and the financial expectations upon entry into the solution and exit from the solution.<br />
<br />
'''Be It Further Resolved''', that each governmental entity will be treated as a unique situation and the recommended Solution will be tailored to the needs and desired outcome of the entity. All Solutions are “scalable,” within reason, to allow for each entity to enter into the Solution at a level they are comfortable with.<br />
<br />
'''Be It Further Resolved''', each governmental entity has pension and other post retirement benefits that were promised to current retirees and future retirees as a condition of employment. To greatly reduce or eliminate these critical benefits is not something any governmental entity takes lightly. Yet without alternative funding, that does not require millions of dollars out of current and future budgets, it would seem the only recourse is to negatively impact the retiree’s lives by reducing or eliminating these benefits.<br />
<br />
There is a proven Pension Shortfall, Pension Reform Bridge Funding and OPEB Liability Funding Tool available and it is inherently important that the elected legislators take the necessary steps to explore the viability of implementing and utilizing this tool for the benefit of all.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Resolution_in_Support_of_Pension_Reform_Bridge_Funding_and_Compliant_OPEB_Liability_Funding_Exposed&diff=8494Resolution in Support of Pension Reform Bridge Funding and Compliant OPEB Liability Funding Exposed2017-01-26T21:22:01Z<p>Alex Aaron: Created page with "The '''Resolution in Support of Pension Reform Bridge Funding and Compliant OPEB Liability Funding''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_..."</p>
<hr />
<div>The '''Resolution in Support of Pension Reform Bridge Funding and Compliant OPEB Liability Funding''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Whereas''', State, County and Municipal Governments have accrued trillions of dollars in unfunded Pension and OPEB Post-Retirement Benefit Liabilities over the course of many decades.<br />
<br />
'''Whereas''', these unfunded Pension and OPEB Liabilities have been recognized by the Bond and Credit issuing Institutions as a matter of grave concern that can and will affect the Bond and Credit Rating for all Public Sector entities that do not take compliant steps toward eradicating these liabilities.<br />
<br />
'''Whereas''', the Government Accounting Standards Bureau (GASB) has mandated that full disclosure of the Net Pension and OPEB Liability, on the Governmental Balance Sheet, unless a GASB compliant liability payment plan is executed and duly followed that will allow for the liability plus accruals (ARC Payment) within 30 years.<br />
<br />
'''Whereas''', the budgetary constraints facing all Governmental entities would preclude virtually all States, Counties and Municipalities from paying out of current and future Budgets an amount that would satisfy the GASB compliance mandate of 30 years to pay off the current Pension and OPEB Liability balances plus accrual.<br />
<br />
'''Whereas''', ignoring the effect these unfunded liabilities will have on future credit and Bond ratings is at best “kicking the can down the road” for not-too-distant future legislators to deal with in an even more precarious economic environment.<br />
<br />
'''Now Therefore Be It Resolved''', that the legislators of (insert State) are on record as supporting an initiative to explore the utilization of a Private Sector Funding Tool that has been utilized, very successfully, in the retirement of very large Pension shortfall and OPEB Liability funding over several years. This initiative will allow for complete and total investigation and due diligence by the governmental entity to make sure that all parties are informed and comfortable regarding the funding tool and the financial expectations upon entry into the solution and exit from the solution.<br />
<br />
'''Be It Further Resolved''', that each governmental entity will be treated as a unique situation and the recommended Solution will be tailored to the needs and desired outcome of the entity. All Solutions are “scalable,” within reason, to allow for each entity to enter into the Solution at a level they are comfortable with.<br />
<br />
'''Be It Further Resolved''', each governmental entity has pension and other post retirement benefits that were promised to current retirees and future retirees as a condition of employment. To greatly reduce or eliminate these critical benefits is not something any governmental entity takes lightly. Yet without alternative funding, that does not require millions of dollars out of current and future budgets, it would seem the only recourse is to negatively impact the retiree’s lives by reducing or eliminating these benefits.<br />
<br />
There is a proven Pension Shortfall, Pension Reform Bridge Funding and OPEB Liability Funding Tool available and it is inherently important that the elected legislators take the necessary steps to explore the viability of implementing and utilizing this tool for the benefit of all.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Resolution_on_the_Tax_%26_Fiscal_Effects_of_Medicaid_Expansion_Exposed&diff=8493Resolution on the Tax & Fiscal Effects of Medicaid Expansion Exposed2017-01-26T21:16:11Z<p>Alex Aaron: Created page with "The '''Resolution on the Tax & Fiscal Effects of Medicaid Expansion''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax a..."</p>
<hr />
<div>The '''Resolution on the Tax & Fiscal Effects of Medicaid Expansion''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This resolution memorializes the harmful fiscal effects of Medicaid expansion under the Patient Protection and Affordable Care Act, otherwise known as ObamaCare, and commends the 21 states that have rejected ObamaCare’s Medicaid expansion.<br />
<br />
'''Resolution'''<br />
<br />
WHEREAS, the Patient Protection and Affordable Care Act (PPACA) permit states to voluntarily opt in to Medicaid expansion, which extends taxpayer-funded health benefits to able-bodied, working-age, largely childless adults earning up to 138 percent of the federal poverty level (FPL); and<br />
<br />
WHEREAS, Twenty-nine states have implemented PPACA’s Medicaid expansion; and<br />
<br />
WHEREAS, Twenty-one states—Alabama, Alaska, Florida, Georgia, Idaho, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming—have rejected PPACA’s Medicaid expansion; and<br />
<br />
WHEREAS, The twenty-one states rejecting PPACA’s Medicaid expansion will save federal taxpayers $366.4 billion and state taxpayers $27.46 billion through 2022, according to the Urban Institute;[1] and<br />
<br />
WHEREAS, The twenty-one states rejecting PPACA’s Medicaid will rescue 7.8 million able-bodied, working-age adults from Medicaid welfare dependency;<br />
<br />
WHEREAS, Arkansas and New Hampshire implemented PPACA’s Medicaid expansion in 2013 and 2014, respectively, but are ending their Medicaid expansion programs in December 2016, moving another 250,000 able-bodied, working-age adults from welfare to work; and<br />
<br />
WHEREAS, PPACA’s Medicaid expansion is largely funded with federal tax dollars, with the federal debt totaling more than $18 trillion; and<br />
<br />
WHEREAS, Medicaid consumes more than 25 percent of all state spending, according to the National Association of State Budget Officers, and total Medicaid spending grew nearly three times faster than total K-12 spending in Fiscal Year 2014;[2] and<br />
<br />
WHEREAS, A comprehensive study by the National Bureau of Economic Research found that expanding Medicaid to able-bodied adults reduced employment and earnings among expansion populations;[3] and<br />
<br />
WHEREAS, Researchers at Texas A&M University, Georgetown University, and the University of Illinois found that expanding Medicaid to childless adults could lower the likelihood of working by up to 10 percentage points, meaning PPACA’s Medicaid expansion could cause 2.6 million Americans to drop out of the labor force entirely.[4]<br />
<br />
THEREFORE BE IT RESOLVED THAT The states of Alabama, Alaska, Florida, Georgia, Idaho, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming shall be commended for protecting taxpayers, jobs, and the economy by rejecting PPACA’s Medicaid expansion.</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Act_to_Prohibit_State_Agencies_from_Obligating_the_State_to_Federal_Maintenance_of_Effort_Requirements&diff=8492Act to Prohibit State Agencies from Obligating the State to Federal Maintenance of Effort Requirements2017-01-26T21:08:53Z<p>Alex Aaron: Created page with "The '''Act to Prohibit State Agencies from Obligating the State to Federal Maintenance of Effort Requirements''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/AL..."</p>
<hr />
<div>The '''Act to Prohibit State Agencies from Obligating the State to Federal Maintenance of Effort Requirements''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This act would prohibit state agencies from committing the state to federal maintenance of effort requirements without approval of the legislature.<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u><br />
{Title} This act shall be known as An ACT to prohibit state agencies from obligating [insert state] to federal maintenance of effort requirements<br />
<br />
<u>Section 2</u><br />
It is hereby prohibited for any state employee, state agency or state agent to enter into any agreement, including but not limited to cost-sharing agreements and grants, which obligates [insert state] to any explicit or implied maintenance of effort requirements without the express prior consent of [insert state] Legislature. For this purpose, maintenance of effort shall include the expenditure of state funds and any action to be undertaken by [insert state] including but not limited to regulatory action.<br />
<br />
<u>Section 3</u><br />
{Severability Clause}<br />
<br />
<u>Section 4</u><br />
{Repealer Clause}<br />
<br />
<u>Section 5</u><br />
{Effective Date}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Act_to_Prohibit_State_Agencies_from_Obligating_Effort_Requirements&diff=8491Act to Prohibit State Agencies from Obligating Effort Requirements2017-01-26T21:02:32Z<p>Alex Aaron: Created page with "The '''Act to Prohibit State Agencies from Obligating the State to Federal Maintenance of Effort Requirements''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/AL..."</p>
<hr />
<div>The '''Act to Prohibit State Agencies from Obligating the State to Federal Maintenance of Effort Requirements''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
'''Summary'''<br />
:This act would prohibit state agencies from committing the state to federal maintenance of effort requirements without approval of the legislature.<br />
<br />
'''Model Policy'''<br />
<br />
<u>Section 1</u><br />
{Title} This act shall be known as An ACT to prohibit state agencies from obligating [insert state] to federal maintenance of effort requirements<br />
<br />
<u>Section 2</u><br />
It is hereby prohibited for any state employee, state agency or state agent to enter into any agreement, including but not limited to cost-sharing agreements and grants, which obligates [insert state] to any explicit or implied maintenance of effort requirements without the express prior consent of [insert state] Legislature. For this purpose, maintenance of effort shall include the expenditure of state funds and any action to be undertaken by [insert state] including but not limited to regulatory action.<br />
<br />
<u>Section 3</u><br />
{Severability Clause}<br />
<br />
<u>Section 4</u><br />
{Repealer Clause}<br />
<br />
<u>Section 5</u><br />
{Effective Date}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Act_to_Establish_the_State_Obligation_Recovery_Center&diff=8490Act to Establish the State Obligation Recovery Center2017-01-26T20:51:01Z<p>Alex Aaron: Created page with "The '''Act to Establish the State Obligation Recovery Center ''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax and Fis..."</p>
<hr />
<div>The '''Act to Establish the State Obligation Recovery Center ''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
<br />
'''Summary'''<br />
:This Act creates a State Obligation Recovery Center (SORC), which shall work to recover obligations owed to the state. The SORC is not a debt collection agency and the character of the obligation with the referring entity remains the same once referred to the SORC. The SORC may be used by any executive agency, the state legislature, the Judicial System, the state higher education system, and any local government.<br />
<br />
<br />
<u>Section 1</u><br />
{Title} This act shall be known as An Act to establish the State Obligation Recovery Center<br />
<br />
<u>Section 2</u><br />
The SORC shall have the ability to use the referring entity’s statutory collection authority to recover the obligations owed to the referring entity. The SORC shall also have the authority to:<br />
*Sue;<br />
*File liens;<br />
*Enter into payment agreements with debtors;<br />
*Impose a cost recovery charge;<br />
*Collect data for obligation recovery purposes;<br />
*Establish and maintain a centralized electronic obligation registry;<br />
*Exercise the settlement authority granted to it by the referring entity;<br />
*Provide information to the motor vehicle division of the Department of Revenue regarding the non-renewal of registrations for motor vehicles, motorcycles, boats or other conveyances;<br />
*Provide information to any unit of the state regarding the non-renewal of professional licenses;<br />
*Provide information to the Department responsible for hunting licenses and fishing licenses regarding the non-issuance of hunting and fishing licenses;<br />
*Impose an administrative wage assignment process;<br />
*Establish and maintain a financial institution data match system;<br />
*Impose an administrative bank levy process;<br />
*Set-off against any monies to be paid by the state to a debtor for any obligation owed by the debtor;<br />
*Contract with collection agencies for the recovery of an obligation on behalf of the SORC;<br />
*Utilize any other obligation recovery methods authorized by state law; and<br />
*All other authority granted to the SORC by this Act.<br />
<br />
The SORC may determine which method or combination is most suitable to recover the obligation.<br />
<br />
A state debtor is prohibited from renewing, obtaining or maintaining the following licenses or registrations unless the obligation and cost recovery charge is either paid in full or the debtor has entered into a payment plan with the SORC and the payment plan is current:<br />
*Any registration for any motor vehicle, motorcycle, boat, or other conveyances;<br />
*Any professional license; and<br />
*Any hunting license or any fishing license.<br />
<br />
To fund its operations, the SORC will collect a cost recovery charge, which shall be 20 percent of the principal amount of the obligation. All methods available to recover any obligation referred to the SORC are available to the SORC for the collection of the cost recovery charge. The SORC shall retain the cost recovery fee and transfer any monies collected from a debtor to the referring entity within thirty days after the end of the month in which the monies were collected. If the amount recovered is less than the obligation and the cost recovery charge, the amount recovered shall be prorated between the referred obligation and the cost recovery charge.<br />
<br />
Prior to transferring any obligation to the SORC, the referring entity shall send a final notification to the debtor that the obligation will be referred to the SORC and a 20 percent cost recovery charge will be added. Challenges to any obligation recovery by the SORC may be initiated only in writing and by the debtor.<br />
<br />
The SORC shall keep any information regarding any obligation referred to the SORC confidential. Notwithstanding any law to the contrary, referring entities are authorized to transmit data to the SORC deemed necessary by the SORC to aid in the obligation recovery.<br />
<br />
Any payment of any kind to be made to a debtor by the state, when the debtor has an obligation that is referred to the SORC, is subject to offset by the SORC unless the obligation and cost recovery charge is either paid in full or the debtor has entered into a payment plan with SORC and the payment plan is current.<br />
<br />
Notwithstanding other statutory provisions which provide for execution, attachment, garnishment, or levy against accounts, the SORC may use an administrative wage assignment or administrative bank levy process to collect the debt referred to the SORC.<br />
<br />
If the SORC is unable to recover the referred obligation, the SORC, with the approval of the referring entity, may forward the obligation to a collection agency, which is permitted to add a collection charge.<br />
<br />
The SORC shall have the ability to promulgate rules for its operation. The SORC shall maintain the necessary data to provide statistical measurements of the operation of the SORC as provided in this Act.<br />
<br />
<br />
<u>Section 3</u> {Severability Clause}<br />
<br />
<u>Section 4</u> {Repealer Clause}<br />
<br />
<u>Section 5</u>{Effective Date}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Tax_Reduction_Fund&diff=8489Tax Reduction Fund2017-01-26T20:19:54Z<p>Alex Aaron: </p>
<hr />
<div>'''The Tax Reduction Fund''' was adopted by ALEC's [http://www.sourcewatch.org/index.php/ALEC_Tax_and_Fiscal_Policy_Task_Force, Tax and Fiscal Policy Task Force] at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
<u>Section 1</u><br />
{Title} This act shall be known as the {chosen state tax} Tax Reduction Fund<br />
<br />
<u>Section 2</u> {Definition}<br />
<br />
: (a) The {chosen state tax} tax reduction fund is a special fund in the state treasury outside the general revenue fund. The comptroller shall administer the fund. The fund consists of:<br />
<br />
:: (1) money transferred to the fund in accordance with Subsection (b); and<br />
<br />
:: (2) interest earned on money in the fund.<br />
<br />
: (b) The comptroller shall transfer money to the fund as directed by the legislature in the General Appropriations Act or by other law.<br />
<br />
: (c) Money in the fund may be used only for a state {chosen state tax} tax reduction period and is not subject to appropriation unless transferred to the general revenue fund, or an account in the general revenue fund, as provided by that section.<br />
<br />
<u>Section 3</u><br />
<br />
: (a) Not later than the 90th day of each state fiscal year, the comptroller shall determine whether there are sufficient balances in the {chosen state tax} tax reduction fund so that 95 percent of the balances would equal or exceed the amount necessary to reimburse the general revenue fund for the estimated amount of state {chosen state tax} tax revenue the state would forgo if the state {chosen state tax} tax rate were reduced by at desired percent for a period.<br />
<br />
: (b) If the comptroller determines that 95 percent of the balances in the {chosen state tax} tax reduction fund would support a reduction in the state {chosen state tax} tax rate for at least the period described by Subsection (c), the comptroller shall declare a reduced {chosen state tax} tax rate. The comptroller shall determine the length of the period during which the {chosen state tax} tax rate will be reduced, and the reduced {chosen state tax} tax rate for that period, in a manner that provides for the greatest reduction in the {chosen state tax} tax rate for the longest period of time possible given the comptroller’s determination of the fund’s available balance under Subsection (c).<br />
<br />
: (c) The comptroller shall publish notice of the reduced state {chosen state tax} tax rate and the period during which the {chosen state tax} tax rate is reduced in the { state } Register, shall mail notice of the reduced {chosen state tax} tax rate to each permit holder, and may provide notice by other means the comptroller determines prudent.<br />
<br />
: (d) On the day after the last day of the period for which the state {chosen state tax} tax rate is reduced under this section, the comptroller shall calculate the positive difference between the estimated state {chosen state tax} tax revenue anticipated to be collected during the period for which the {chosen state tax} tax rate is reduced and the estimated state {chosen state tax} tax revenue that would be collected during the same period if the {chosen state tax} tax rate were not reduced during that period.<br />
<br />
<u>Section 4</u> <br />
{Enforcement}<br />
<br />
: (h) The comptroller shall adopt rules to implement this section.<br />
<br />
<u>Section 5</u> <br />
{Severability Clause}<br />
<br />
<u>Section 6</u> <br />
{Repealer Clause}<br />
<br />
<u>Section 7</u> <br />
{Effective Date}</div>Alex Aaronhttps://www.alecexposed.org/w/index.php?title=Tax_Reduction_Fund&diff=8488Tax Reduction Fund2017-01-26T20:09:17Z<p>Alex Aaron: Created page with "'''The Tax Reduction Fund''' was adopted by ALEC's Tax and Fiscal Policy Task For at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed J..."</p>
<hr />
<div>'''The Tax Reduction Fund''' was adopted by ALEC's Tax and Fiscal Policy Task For at the 2015 Annual Meeting, approved by the Board of Directors September 4, 2015. (Accessed January 26, 2017).<br />
<br />
==ALEC Bill Text==<br />
<u>Section 1</u><br />
{Title} This act shall be known as the {chosen state tax} Tax Reduction Fund<br />
<br />
<u>Section 2</u> {Definition}<br />
<br />
: (a) The {chosen state tax} tax reduction fund is a special fund in the state treasury outside the general revenue fund. The comptroller shall administer the fund. The fund consists of:<br />
<br />
:: (1) money transferred to the fund in accordance with Subsection (b); and<br />
<br />
:: (2) interest earned on money in the fund.<br />
<br />
: (b) The comptroller shall transfer money to the fund as directed by the legislature in the General Appropriations Act or by other law.<br />
<br />
: (c) Money in the fund may be used only for a state {chosen state tax} tax reduction period and is not subject to appropriation unless transferred to the general revenue fund, or an account in the general revenue fund, as provided by that section.<br />
<br />
<u>Section 3</u><br />
<br />
: (a) Not later than the 90th day of each state fiscal year, the comptroller shall determine whether there are sufficient balances in the {chosen state tax} tax reduction fund so that 95 percent of the balances would equal or exceed the amount necessary to reimburse the general revenue fund for the estimated amount of state {chosen state tax} tax revenue the state would forgo if the state {chosen state tax} tax rate were reduced by at desired percent for a period.<br />
<br />
: (b) If the comptroller determines that 95 percent of the balances in the {chosen state tax} tax reduction fund would support a reduction in the state {chosen state tax} tax rate for at least the period described by Subsection (c), the comptroller shall declare a reduced {chosen state tax} tax rate. The comptroller shall determine the length of the period during which the {chosen state tax} tax rate will be reduced, and the reduced {chosen state tax} tax rate for that period, in a manner that provides for the greatest reduction in the {chosen state tax} tax rate for the longest period of time possible given the comptroller’s determination of the fund’s available balance under Subsection (c).<br />
<br />
: (c) The comptroller shall publish notice of the reduced state {chosen state tax} tax rate and the period during which the {chosen state tax} tax rate is reduced in the { state } Register, shall mail notice of the reduced {chosen state tax} tax rate to each permit holder, and may provide notice by other means the comptroller determines prudent.<br />
<br />
: (d) On the day after the last day of the period for which the state {chosen state tax} tax rate is reduced under this section, the comptroller shall calculate the positive difference between the estimated state {chosen state tax} tax revenue anticipated to be collected during the period for which the {chosen state tax} tax rate is reduced and the estimated state {chosen state tax} tax revenue that would be collected during the same period if the {chosen state tax} tax rate were not reduced during that period.<br />
<br />
<u>Section 4</u> <br />
{Enforcement}<br />
<br />
: (h) The comptroller shall adopt rules to implement this section.<br />
<br />
<u>Section 5</u> <br />
{Severability Clause}<br />
<br />
<u>Section 6</u> <br />
{Repealer Clause}<br />
<br />
<u>Section 7</u> <br />
{Effective Date}</div>Alex Aaron