The Attorney General Authority Act Exposed

The Attorney General Authority Act was considered by ALEC's Civil Justice Task Force at the Spring Task Force Summit on May 11, 2012. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Model Bill Text

Section 1. {Title}.

This Act may be known as the Attorney General Authority Act.

Section 2. {Purpose}.

The purpose of this section is to provide that when the Legislature grants specific enforcement authority to the Attorney General, or sets forth an administrative process for private citizens to exhaust before, or in place of, court action, the Attorney General must act in accordance with that specific enforcement authority or, where applicable, follow that administrative process.

Section 3. {Scope of Attorney General Authority}.

Whenever a specific act of the Legislature sets out the Attorney General’s authority with regard to that act, the Attorney General’s power with regard to that act shall only be that authority provided in that act, notwithstanding any other provision of law.

Section 4. {Attorney General to Follow Administrative Procedures}.

Whenever the Attorney General is bringing a civil action on behalf of the citizens of the state pursuant to law, with regard to any method, act or practice of an entity that is regulated by a state agency or a federal agency, and the citizens of this state, would have to, by law, exhaust administrative remedies before such agency with regard to such method, act or practice if a citizen were bringing the action on his or her own behalf, then the Attorney General shall also have to exhaust administrative remedies before such state or federal agency and then seek judicial review in a court of law rather than bringing a direct action in court.

Section 5. {Rule of Construction}.

The provisions of this Act do not expand any authority the Attorney General may have under law.