Legal Definitions - model act

A model act is a legislative proposal, typically drafted by a non-governmental organization composed of legal experts, that is offered to state legislatures as a template for new laws. These acts are not legally binding on states; instead, they serve as a comprehensive guideline or blueprint that states can choose to adopt, adapt, or ignore when creating their own statutes.

The purpose of a model act is to provide well-researched, carefully considered legal language and frameworks on complex issues, helping states avoid starting from scratch and potentially promoting a degree of consistency in law across different jurisdictions, while still allowing for local customization.

• Example 1: Data Breach Notification

  Imagine a state legislature wants to enact a law requiring companies to notify individuals when their personal data has been compromised in a cyberattack. Instead of drafting an entirely new statute from scratch, the state's lawmakers might consult a "Model Data Breach Notification Act." This model act would provide a comprehensive framework, including definitions of what constitutes "personal data," specific timelines for notification, and the types of information that must be disclosed to affected individuals. The state could then adopt many of these provisions directly, modify others to suit its unique economic landscape or privacy concerns, and pass its own version into law.

• Example 2: Renewable Energy Siting

  Many states are looking to expand renewable energy sources like large-scale solar farms or wind turbines but face challenges in regulating their placement, balancing energy needs with local land use and environmental impacts. A "Model Renewable Energy Siting Act" could offer a standardized approach. This model might suggest guidelines for permitting processes, environmental impact assessments, public hearing requirements, and even compensation for landowners. States could use this model as a foundation to develop their own laws, ensuring a consistent and fair process for renewable energy development while allowing for adaptations based on their specific geography, population density, or existing infrastructure.

• Example 3: Online Consumer Protection

  As e-commerce continues to grow, states are increasingly challenged to protect consumers from deceptive online practices, unfair terms of service, or insecure transactions. A "Model Online Consumer Protection Act" could provide a template for states to address these modern issues. Such a model might include provisions on transparent pricing for online goods, data security requirements for e-commerce platforms, mechanisms for resolving disputes related to online purchases, or rules against manipulative "dark patterns" in website design. States could review this model act, select the provisions most relevant to their consumer base, and tailor them to integrate seamlessly with their existing state consumer protection laws.