SSHB 49: "An Act establishing and relating to a consumer protection section in the Department of Law; increasing penalties for violation of laws relating to consumer protection; requiring special accounting for money from certain actions related to consumer protection; and providing for an effective date."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 49 01 "An Act establishing and relating to a consumer protection section in the 02 Department of Law; increasing penalties for violation of laws relating to consumer 03 protection; requiring special accounting for money from certain actions related to 04 consumer protection; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 44.23.020(b) is amended to read: 07 (b) The attorney general shall 08 (1) bring, prosecute, and defend all necessary and proper actions in the 09 name of the state for the collection of revenue; 10 (2) represent the state in all civil actions in which the state is a party; 11 (3) prosecute all cases involving violation of state law, and file 12 informations and prosecute all offenses against the revenue laws and other state laws 13 where there is no other provision for their prosecution; 14 (4) administer state legal services, including the furnishing of written
01 legal opinions to the governor, the legislature, and all state officers and departments 02 as the governor directs; and give legal advice on a law, proposed law, or proposed 03 legislative measure upon request by the legislature or a member of the legislature; 04 (5) draft legal instruments for the state; 05 (6) make available a report to the legislature, through the governor, at 06 each regular legislative session 07 (A) of the work and expenditures of the office; and 08 (B) on needed legislation or amendments to existing law; 09 (7) perform all other duties required by law or which usually pertain 10 to the office of attorney general in a state; and 11 (8) prepare, publish, and revise as it becomes useful or necessary to do 12 so an information pamphlet on landlord and tenant rights and the means of making 13 complaints to appropriate public agencies concerning landlord and tenant rights; the 14 contents of the pamphlet and any revision shall be approved by the Department of 15 Law, [DIVISION OF] consumer protection section , before publication. 16 * Sec. 2. AS 44.23 is amended by adding a new section to read: 17 Sec. 44.23.022. Consumer protection section. (a) There is created in the 18 Department of Law the consumer protection section. The head of the consumer 19 protection section is appointed by the attorney general and serves at the pleasure of the 20 attorney general. 21 (b) The consumer protection section shall 22 (1) carry out the duties of the attorney general under AS 45 and other 23 laws relating to consumer affairs and consumer protection; and 24 (2) annually make recommendations to the governor and the legislature 25 for statutory changes that are needed to ensure adequate protection of consumers in 26 this state. 27 * Sec. 3. AS 45.50.551(b) is amended to read: 28 (b) In an action brought under AS 45.50.501, if the court finds that a person 29 is using or has used an act or practice declared unlawful by AS 45.50.471, the attorney 30 general, upon petition to the court, may recover, on behalf of the state, a civil penalty 31 of not more than $10,000 [$5,000] per violation.
01 * Sec. 4. AS 45.50.551 is amended by adding a new subsection to read: 02 (d) The commissioner of administration shall separately account for money 03 received under this section that the attorney general deposits in the general fund, 04 including money received for attorney fees in an action, or from settlement of an 05 action, under this section. The annual estimated balance in the account may be 06 appropriated by the legislature for the expenses of the consumer protection section 07 established under AS 44.23.022. 08 * Sec. 5. This Act takes effect July 1, 1997.