View source for The Attorney General Authority Act Exposed

The '''Attorney General Authority Act''' was considered by ALEC's [https://www.sourcewatch.org/index.php/ALEC_Civil_Justice_Task_Force Civil Justice Task Force] at the Spring Task Force Summit on May 11, 2012. {{AEXTF2011}}

==ALEC Model Bill Text==

<u>Section 1. {Title}.</u>

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

<u>Section 2. {Purpose}.</u>

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.

<u>Section 3. {Scope of Attorney General Authority}.</u>

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.

<u>Section 4. {Attorney General to Follow Administrative Procedures}.</u>

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.

<u>Section 5. {Rule of Construction}.</u>

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