Archive: Competition

  • Regulatory Flexibility Act September 30, 2013

    Regulatory Flexibility Act Summary A policy* to improve state rulemaking by creating procedures to analyze the availability of more flexible regulatory approaches for small businesses. Findings: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy; (2) Small businesses bear a disproportionate share of regulatory costs and burdens; (3) Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies; (4) When adopting regulations to protect the health, safety and economic […]

  • Establishing a Public-Private Partnership (P3) Authority Act September 30, 2013

    Establishing a Public-Private Partnership (P3) Authority Act Summary This Act establishes a state Partnership Committee and an Office of Public-Private Partnerships to identify and establish public-private partnerships and approve qualified bidders, requests for proposals, and template contracts. The Act is designed to improve public operational efficiency and environmental performance, promote public safety, attract private investment in the state, and minimize governmental liabilities. Model Policy {Title, enacting clause, etc.} Section 1. {Title} This Act may be cited as the “Establishing a Public-Private Partnership (P3) Authority Act.” Section 2. {Definitions} The following definitions apply in this section: (A) “Contract” means any purchase […]

  • The Water/Wastewater Utility Public-Private Partnership Act March 15, 2013

    The Water/Wastewater Utility Public-Private Partnership Act Model Legislation {Title, Enacting clause, etc.} Be it enacted by the legislature of the state of [insert state] Section 1. Definitions 1. Governmental agency refers to any state agency, state district, city, county, city and county, including a chartered city or county, school district, community college district, public district, county board of education, joint powers authority, water or sewer district, special district, or any other public or municipal corporation. 2. Private entity refers to a person, business entity, combination of persons and business entities, or a combination of business entities. 3. Best value refers […]

  • Electronic Government Services Act March 15, 2013

    Electronic Government Services Act Summary While the continued development of information technology and the proliferation of the Internet has permitted government agencies to make more efficient the necessary transactions between citizens and the government, it has also blurred the lines between commercial activities and appropriate governmental functions. The “Electronic Government Services Act” would promote legitimate, appropriate, and inherently e-governmental activities while ensuring that a framework exists to prevent government from engaging in improper commercial activities. This Act would protect the exclusive governmental services that could be provided electronically using either government employees or private sector contractors paid for by the […]

  • Municipal Telecommunications Private Industry Safeguards Act March 15, 2013

    Municipal Telecommunications Private Industry Safeguards Act Summary The Legislature recognizes the importance of the widespread provision of telecommunications and advanced services and cable television services. For the vast majority of citizens these services are provided by private entities. In certain instances municipalities or their agents have sought to provide such services in competition with private providers. This act limits the authority of municipalities to own and operate telecommunications and advanced service and cable television facilities and to provide public and advanced telecommunication and cable television services to a municipality’s inhabitants. When municipalities do provide such services this act provides safeguards […]

  • A Resolution Regarding the Regulation of Broadband Information Services in Innovative and Expanding Competitive Markets March 15, 2013

    A Resolution Regarding the Regulation of Broadband Information Services in Innovative and Expanding Competitive Markets WHEREAS, it is the mission of the American Legislative Exchange Council to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, broadband information services sector is critical to growing the nation’s economy, enhancing quality of life through new and innovative applications, and enabling greater job creation, and WHEREAS, the rise of private investment in broadband technologies has dramatically transformed the way consumers work, live, learn, and conduct their daily lives, and WHEREAS, ALEC believes that innovation, private investment, and […]

  • Neutrality and Integrity in Software Procurement Act March 15, 2013

    Neutrality and Integrity in Software Procurement Act Summary This Act amends the state’s procurement rules to preserve choice, competition, and integrity in the state’s selection and installation of software products. It requires that software procurement decisions made by the state consider: (1) the total cost of ownership during the full life of the software, including service and maintenance; and (2) performance criteria and value of the software based on its ability to meet the specific needs of the state. The Act also prevents the state from limiting software choice through express or implied preferences for any specific model of software […]

  • Government Services Competition Act March 15, 2013

    Government Services Competition Act  Summary  This model bill provides a general model for state government privatization efforts. States should adapt this model to meet their own particular needs and circumstances regarding privatization. It prohibits state agencies, institutions, or political subdivisions supported in whole or part by any state revenues, from engaging in any activity which is in competition with private enterprise unless the agency, institution, or political subdivision can demonstrate that there is an overriding or compelling public interest served by the state’s provision of the service. It also sets standards for state agencies, authorized to engage in an activity […]

  • Advanced Voice Services Availability Act of 2007 March 15, 2013

    Advanced Voice Services Availability Act of 2007 Summary The purpose of this legislation is to promote the availability of competitive advanced voice services, such as Voice over Internet Protocol (VoIP) services, to all consumers and businesses in [state] by establishing a common-sense regulatory framework that promotes choice and competition. Model Legislation Section 1. {Title} This bill may be referred to as the Advanced Voice Services Availability Act of 2007. Section 2. {Purpose} The purpose of this legislation is to promote the availability of competitive advanced voice services, such as Voice over Internet Protocol services, to all consumers and businesses in […]

  • Free Market Constitutional Amendment March 15, 2013

    Free Market Constitutional Amendment “It is the policy of the state of ___________ that a free enterprise system shall govern trade and commerce in this state to promote the dispersion of economic and political power and the general welfare of all the people.”     Approved by ALEC Board of Directors on August 27, 2009.