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“ALEC”
NEWShas long been a
secretive collaboration
between
BigLegislation
Business and
Model
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gut and
minimum
wage,Services
and efforts to
weaken
public health,
International Relations
safety, and environmental
Public Although
Safety andmany
protections.
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
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forInformation
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hopes more
Americans will study the
Print this the
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changing the
legal
and undermining democracy
across the nation.

By the Center for
Media and Democracy
www.prwatch.org

Home

work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
TASK
ALEC INITIATIVES
PUBLICATIONS
Business
has “a VOICE and
a FORCES
VOTE,” according
to newly exposed
documents. DO YOU?

Model Legislation

Public Safety and Elections

Environmental Corrupt Organizations- Preventative Legislation and
Neutralization (ECO-PLAN) Forfeiture Act
1.1 Definitions

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

All definitions shall include those in section 1.1 of the Environmental Corrupt
Organizations- Preventative Legislations And Neutralization Act.

1.2 Criminal Forfeiture
(1)(a) The court, in imposing sentence on a person convicted of any offense in violation
of the Environmental Corrupt Organizations- Preventative Legislations And Neutralization
Act, may order that the person forfeit to the state of any traceable real or personal
property involved in such offense, or any real or personal property traceable to such
property.
(b) The Court may order that the person forfeit to the state of any property constituting,
or derived from, proceeds the person obtained directly or indirectly, as the result of such
violation.

1.3 Civil Forfeiture
(1) All property, real or personal, including money, used in the course of, derived from or
realized through conduct in violation of any provision in the Environmental Corrupt
Organizations- Preventative Legislations And Neutralization Act is subject to civil
forfeiture to the state. The state shall dispose of all forfeited property as soon as
commercially feasible. If property is not exercisable or transferable for value by the state,
it shall expire. All forfeitures or dispositions under this section shall be made with due
provision for the rights of innocent persons.
(2) Property subject to forfeiture under this section may be seized by a police officer
upon court process. Seizure without process may be made if:
(a) The seizure is incident to a lawful arrest or search or an inspection under an
administrative inspection warrant; or
(b) The property subject to seizure has been the subject of a prior judgment in favor of
the state in a forfeiture proceeding based upon this section.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(3) In the event of a seizure under subsection (3) of this section, a forfeiture proceeding
shall be instituted promptly. Property taken or detained under this section shall not be
subject to repletion, but is deemed to be in the custody of the police officer making the
seizure, subject only to the order of the court. When property is seized under this
section, pending forfeiture and final disposition, the police officer may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the court; or
(c) Require another agency authorized by law to take custody of the property and
remove it to an appropriate location.
(5) The Attorney General, any district attorney or any state agency having jurisdiction
over conduct in violation of any provision under the Environmental Corrupt
Organizations- Preventative Legislations And Neutralization Act may institute civil
proceedings under this section. In any action brought under this section, the circuit
court shall give priority to the hearing and determination. Pending final determination,
the circuit court may at any time enter such injunctions, prohibitions or restraining
orders, or take such actions, including the acceptance of satisfactory performance
bonds, as the court may deem proper. The Attorney General, district attorney or state
agency bringing an action under this section may be awarded, upon entry of a final
judgment or decree in favor of the state, costs of investigation and litigation, reasonably
incurred. Amounts recovered may include costs and expenses of state and local
governmental departments and agencies incurred in connection with the investigation
or litigation.
(6)(a) Any aggrieved person may institute a proceeding under subsection (1) of this
section:
(A) If the proceeding is based upon illicit activity for which a criminal conviction has
been obtained, any rights of appeal have expired and the action is against the individual
convicted of the illicit activity; or

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(B) If the person is entitled to pursue a cause of action under subsection (7)(a)(B) of this
section.
(b) In such proceeding, relief shall be granted in conformity with the principles that
govern the granting of injunctive relief from threatened loss or damage in other civil
cases, except that no showing of special or irreparable damage to the person shall have
to be made. Upon the execution of proper bond against damages for an injunction
improvidently granted and a showing of immediate danger of significant loss or damage,
a temporary restraining order and a preliminary injunction may be issued in any such
action before a final determination on the merits.
(7)(a) Any person who is injured by reason of any violation of the provisions of Sec. 1.2
(1) to (4) shall have a cause of action for three-fold the actual damages sustained and,
when appropriate, punitive damages:
(A) If a criminal conviction for the illicit activity that is the basis of the violation has been
obtained, any rights of appeal have expired and the action is against the individual
convicted of the illicit activity; or
(B) If the violation is based on illicit activity as defined by Sec. 1.1 (7)(b)(A), (K), (N),
and (Q) of the Environmental Corrupt Organizations- Preventative Legislations And
Neutralization Act.
(b) The defendant or any injured person may demand a trial by jury in any civil action
brought pursuant to this subsection.
(c) Any injured person shall have a right or claim to forfeited property or to the proceeds
derived therefrom superior to any right or claim the state has in the same property or
proceeds.
(8) An investigative agency may bring an action for civil penalties for any violation of
Sec. 1.2 (1) to (4) of the Environmental Corrupt Organizations- Preventative Legislations
And Neutralization Act. Upon proof of any such violation, the court shall impose a civil
penalty of not more than $2 million.
(9) The Attorney General may, upon timely application, intervene in any civil action or
proceeding brought under subsection (6) or (7) of this section if the Attorney General
certifies that, in the opinion of the Attorney General, the action or proceeding is of
significant public importance. In such action or proceeding, the state shall be entitled to
the same relief as if the Attorney General instituted the action or proceeding.
(11)(a) Notwithstanding any other provision of law, a civil action or proceeding under
Section 1.2 may be commenced at any time within fifteen years after the conduct in
violation of any subsection under Section 1.2 of the Environmental Corrupt
Organizations- Preventative Legislations And Neutralization Act terminates or the cause
of action accrues. If a civil action or other proceeding is brought, or intervened in, to
punish, prevent or restrain any violation of the provisions within the Environmental
Corrupt Organizations- Preventative Legislations And Neutralization Act, the running of
the period of limitations prescribed by this section with respect to any cause of action
arising under subsection (6) or (7) of this section which is based in whole or in part upon
any matter complained of in any such prosecution, action or proceeding shall be
suspended during the pendency of such prosecution, action or proceeding and for two
years following its termination.
(b) A cause of action arising under subsection (6)(a)(A) or (7)(a)(A) of this section
accrues when the criminal conviction for the underlying activity is obtained. In addition
to any suspension of the running of the period of limitations provided for in paragraph
(a) of this subsection, the period of limitations prescribed by paragraph (a) of this
subsection is suspended during any appeal from the criminal conviction for the
underlying activity.
(12) The application of one civil remedy under any provision of the Environmental
Corrupt Organizations- Preventative Legislations And Neutralization Act shall not
preclude the application of any other remedy, civil or criminal, under that act or any
other provision of law.
(13) In an action brought under the provisions of this section by a person other than the
Attorney General, a district attorney or a state agency, the court may award reasonable
attorney fees to the prevailing party. In a civil action brought under the provisions of this
section by the Attorney General, a district attorney or a state agency, the court may
award reasonable attorney fees to the Attorney General, district attorney or state agency
if the Attorney General, district attorney or state agency prevails in the action.

1.4 Holistic authority of investigative agency.

(1) If, pursuant to the civil enforcement provisions of this act, an investigative agency
has reason to believe that a person or other enterprise has engaged in, or is engaging in,
activity in violation of the Environmental Corrupt Organizations- Preventative Legislations
And Neutralization Act, the investigative agency may administer oaths or affirmations,
subpoena witnesses or documents or other material, and collect evidence pursuant to
the <enter name="" state="" of="">Rules of Civil Procedure.
(2) If matter that the investigative agency seeks to obtain by the subpoena is located
outside the state, the person or enterprise subpoenaed may make such matter available
to the investigative agency or its representative for examination at the place where such
matter is located. The investigative agency may designate representatives, including
officials of the jurisdiction in which the matter is located, to inspect the matter on its
behalf and may respond to similar requests from officials of other jurisdictions.
(3) Upon failure of a person or entity, without lawful excuse, to obey a subpoena, and
after reasonable notice to such person or enterprise, the investigative agency may apply
to the circuit court for the judicial district in which such person or enterprise resides, is
found or transacts business for an order compelling compliance.

1.5 Short title. Sections 1.1 through 1.3 may be cited as the Environmental Corrupt
Organizations- Preventative Legislation And Neutralization Forfeiture Act or ECO-PLAN
Forfeiture Act.

Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting July 31, 2003.
Approved by full ALEC Board of Directors August, 2003.

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Center for Media
and Democracy's
quick summary:
This Act proscribes penalties for violations of the ECO-PLAN Act (passed by Energy, Environment, and Agriculture task force), specifically regarding
forfeiture of any profits or property arising from a violation of that Act. Note that this Act provides for a fifteen year statute of limitations, treble
damages, and punitive damages. Note also that in the "civil justice" section, ALEC has been working to reduce the statute of limitations (to around two
years) and limit punitive damages in lawsuits arising from injury or death caused by negligent corporate practices. Why do ALEC corporations and
politicians appear to consider property damages to be more valuable and more worthy of legal protections-- such as with lengthy periods to sue for
violations and potentially massive (treble) damages awards-- than for when people are injured by corporations?