HB 132: "An Act relating to the duties of the attorney general; requiring the attorney general to participate in all actions affecting the management and jurisdiction of the natural resources of the state; amending Rule 24(c), Alaska Rules of Civil Procedure; and amending Rule 514, Alaska Rules of Appellate Procedure."
00 HOUSE BILL NO. 132 01 "An Act relating to the duties of the attorney general; requiring the attorney general to 02 participate in all actions affecting the management and jurisdiction of the natural 03 resources of the state; amending Rule 24(c), Alaska Rules of Civil Procedure; and 04 amending Rule 514, Alaska Rules of Appellate Procedure." 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) defend the Constitution of the State of Alaska and the Constitution 09 of the United States of America; 10 (2) bring, prosecute, and defend all necessary and proper actions in the 11 name of the state for the collection of revenue; 12 (3) represent the state in all civil actions in which the state is a party; 13 (4) prosecute all cases involving violation of state law, and file 14 informations and prosecute all offenses against the revenue laws and other state laws
01 where there is no other provision for their prosecution; 02 (5) administer state legal services, including the furnishing of written 03 legal opinions to the governor, the legislature, and all state officers and departments as 04 the governor directs; and give legal advice on a law, proposed law, or proposed 05 legislative measure upon request by the legislature or a member of the legislature; 06 (6) draft legal instruments for the state; 07 (7) make available a report to the legislature, through the governor, at 08 each regular legislative session 09 (A) of the work and expenditures of the office; and 10 (B) on needed legislation or amendments to existing law; 11 (8) perform all other duties required by law or which usually pertain to 12 the office of attorney general in a state; [AND] 13 (9) prepare, publish, and revise as it becomes useful or necessary to do 14 so an information pamphlet on landlord and tenant rights and the means of making 15 complaints to appropriate public agencies concerning landlord and tenant rights; the 16 contents of the pamphlet and any revision shall be approved by the Department of 17 Law, division of consumer protection, before publication; and 18 (10) participate as a party in a judicial proceeding that affects the 19 management and jurisdiction of the natural resources of the state and ensure by 20 that participation that the management and jurisdiction of the natural resources 21 of the state are not diminished or ceded to another government or sovereign; in 22 fulfilling the requirements of this paragraph, the attorney general may enter into 23 agreements with another government or sovereign if that agreement benefits the 24 management of a natural resource of the state and if that agreement contains a 25 provision that complies with this paragraph. 26 * Sec. 2. AS 44.23.020(d) is amended to read: 27 (d) The attorney general may, subject to (b)(10) of this section and the power 28 of the legislature to enact laws and make appropriations, settle actions, cases, and 29 offenses under (b) of this section. 30 * Sec. 3. Rule 24(c), Alaska Rules of Civil Procedure, is amended to read: 31 (c) Procedure. A person desiring to intervene shall serve a motion to
01 intervene upon the parties as provided in Rule 5. The motion shall state the ground 02 therefore and shall be accompanied by a pleading setting forth the claim or defense for 03 which intervention is sought. When the (1) constitutionality of a state statute affecting 04 the public interest is drawn in question, or (2) the management or jurisdiction of the 05 natural resources of the state may be affected, in any action to which the state or an 06 officer, agency, or employee thereof is not a party, the court shall notify the Attorney 07 General of Alaska of such fact, and the state shall be permitted to intervene in the 08 action. 09 * Sec. 4. Rule 514, Alaska Rules of Appellate Procedure, is amended to read: 10 (f) Notice of Question of Constitutionality of Statute or Appeal or 11 Proceeding Affecting the Management or Jurisdiction of the Natural Resources 12 of the State. When the constitutionality of a state statute is drawn in question or the 13 management or jurisdiction of the natural resources of the state may be affected 14 in any appeal or other proceeding in the appellate courts to which the state or an 15 officer, agency, or employee thereof is not a party, the party raising the question shall 16 give immediate notice in writing to the court of the existence of the question. The 17 clerk of court shall notify the Attorney General of Alaska of the case raising the 18 question.