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(T/F) A model regulation must be enacted by state legislation in order to become a uniform regulatory guideline.

User Cmag
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Final answer:

The statement is false since model regulations are not legally binding but serve as guidelines that state legislatures can adopt or modify. States have discretion in legislative processes, and federal involvement can help ensure service uniformity and address externalities.

Step-by-step explanation:

The statement 'A model regulation must be enacted by state legislation in order to become a uniform regulatory guideline' is false. Model regulations serve as templates or guidelines that suggest how uniform laws could be written. While they are designed to promote consistency across different jurisdictions, they are not binding on states. Instead, state legislatures may choose to adopt, modify, or reject these regulations based on their discretion and local context. The process does involve adaptation by state legislatures to become effective within a particular state.

Member state governments may rely on organizations to establish model regulations, but whether these models are enacted as legally binding regulations is dependent on the legislative processes within each state. In the context of federal regulations, when bureaucracies move to enact a new program, they may use the negotiated rulemaking process to address details and implementation issues. This is because Congress may not legislate every minute detail, thereby delegating the authority to experts within the bureaucracy.

In addition, it is beneficial for federal involvement in state activities, such as education, health, and social welfare to ensure some uniformity in public services. This also helps overcome the collective action problem faced by states and ensure that positive externalities like clean air are accounted for in state regulations. New federalism also highlights the advantages of state-specific regulations due to the diverse needs and proximity to the citizens.

User Oisin
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