CSHB 132(STA): "An Act relating to the duties of the attorney general; requiring the attorney general to report to the legislature about all judicial proceedings affecting the state's management or 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 CS FOR HOUSE BILL NO. 132(STA) 01 "An Act relating to the duties of the attorney general; requiring the attorney general to 02 report to the legislature about all judicial proceedings affecting the state's management 03 or jurisdiction of the natural resources of the state; amending Rule 24(c), Alaska Rules 04 of Civil Procedure; and 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; and 11 (C) of known pending judicial proceedings that affect the 12 state's management or jurisdiction of the natural resources of the state, 13 including those that diminish or cede to another government or sovereign 14 the state's management or jurisdiction of the natural resources of the 15 state; 16 (8) perform all other duties required by law or that [WHICH] usually 17 pertain to the office of attorney general in a state; and 18 (9) prepare, publish, and revise as it becomes useful or necessary to do 19 so an information pamphlet on landlord and tenant rights and the means of making 20 complaints to appropriate public agencies concerning landlord and tenant rights; the 21 contents of the pamphlet and any revision shall be approved by the Department of 22 Law before publication. 23 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 DIRECT COURT RULE AMENDMENT. Rule 24(c), Alaska Rules of Civil 26 Procedure, is amended to read: 27 (c) Procedure. A person desiring to intervene shall serve a motion to 28 intervene upon the parties as provided in Rule 5. The motion shall state the ground 29 therefore and shall be accompanied by a pleading setting forth the claim or defense for 30 which intervention is sought. When (1) the constitutionality of a state statute affecting 31 the public interest is drawn in question, or (2) the state's management or
01 jurisdiction of the natural resources of the state may be affected, in any action to 02 which the state or an officer, agency, or employee thereof is not a party, the court shall 03 notify the Attorney General of Alaska of such fact, and the state shall be permitted to 04 intervene in the action. 05 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 DIRECT COURT RULE AMENDMENT. Rule 514, Alaska Rules of 08 Appellate Procedure, is amended to read: 09 (f) Notice of Question of Constitutionality of Statute or Appeal or 10 Proceeding Affecting the State's Management or Jurisdiction of the Natural 11 Resources of the State. When the constitutionality of a state statute is drawn in 12 question or the state's management or jurisdiction of the natural resources of the 13 state may be affected in any appeal or other proceeding in the appellate courts to 14 which the state or an officer, agency, or employee thereof is not a party, the party 15 raising the question shall give immediate notice in writing to the court of the existence 16 of the question. The clerk of court shall notify the Attorney General of Alaska of the 17 case raising the question.