Section 109.38 | Solicitor general.
(A) There is hereby created, as a section within the office of the attorney general, an office of the solicitor general. The attorney general shall set the duties of the solicitor general.
(B) There is hereby created, as a section within the office of the attorney general, a Tenth Amendment center. The center shall actively monitor federal executive orders, federal statutes, and federal regulations for potential abuse or overreach, including assertion of power inconsistent with the United States Constitution. The center shall have at least one attorney dedicated to the center whose primary job responsibility is to monitor federal executive orders, federal statutes, and federal regulations for possible overreach. If the center determines a federal executive order, federal statute, or federal regulation is not supported by law, the center shall prepare and make a recommendation to the office of the solicitor general. The solicitor general shall advise the attorney general about possible causes of action. Regarding such actions, the attorney general has discretion to act on the attorney general's own initiative or based on the recommendation of the solicitor general.
(C) The attorney general shall provide adequate office space, staff, equipment, and materials to the office of the solicitor general and to the Tenth Amendment center.
Last updated March 9, 2023 at 5:05 PM
Available Versions of this Section
- September 29, 2017 – Enacted by House Bill 49 - 132nd General Assembly [ View September 29, 2017 Version ]
- April 4, 2023 – Enacted by Senate Bill 288 - 134th General Assembly [ View April 4, 2023 Version ]