Verifiable Science Act Exposed

The Verifiable Science Act was adopted by ALEC's Natural Resources Task Force at the Spring Task Force Summit on May 5, 2000, approved by the full ALEC Board of Directors in June, 2000. According to ALEC.org, the Act was approved by the Board of Directors in January, 2001, re-approved on January 28, 2013. (Accessed on 7/24/2015).

CMD's Bill Summary

This "model" bill subjects the scientific basis for all regulations and laws to state Freedom of Information Act / Open Records laws. It is likely intended to allow climate-change deniers and other anti-environmentalists to challenge regulations using pseudo-science. However, much of this data is already likely readily accessible under long-standing FOIA or sunshine statutes.

ALEC Bill Text

Summary

In order to protect citizens from arbitrary and capricious regulations promulgated without any impetus that is justified by pertinent, ascertainable, and peer-reviewed science, this act guarantees citizens the right to access scientific data that is used to develop public policies.

Model Legislation

Section 1. {Title}

This act shall be known as the Verifiable Science Act.

Section 2. {State rights.}

Citizens have a right to access data from state funded studies in whole or in part, that are used for development of state law or regulation or enforcement action. Any regulations promulgated by the results of such studies shall be justified by pertinent, ascertainable, and peer-reviewed science.

Section 3. {State responsibilities.}

Any scientific documentation, statistics, reports, or research must be made available to the public through (provisions of the state Freedom of Information Act) whenever such scientific data is used, in part or in whole, as the basis for proposed statutes, regulations, guidance documents, policy statements, official reports, legislative studies, or any other pronouncements which might carry the weight of law or which might be intended to lead directly to new regulations or statutes.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}

Adopted by ALEC's Natural Resources Task Force at the Spring Task Force Summit May 5, 2000.

Approved by full ALEC Board of Directors June, 2000.