03/22/2000 01:44 PM Senate JUD

                                                                                                                                
          SB 286-DUTIES AND POWERS OF ATTORNEY GENERAL                                                                          
                                                                                                                                
CHAIRMAN TAYLOR moved to delete on page 1, line 5 the words "state,                                                             
including the," because an inherent conflict is generated.  This                                                                
restores the original language of the bill requiring the attorney                                                               
general  to be subject to the power of the legislature in making                                                                
appropriations and settling civil action cases.  There being no                                                                 
objection, amendment 1 carried.                                                                                                 
                                                                                                                                
Number 1305                                                                                                                     
                                                                                                                                
SENATOR DONLEY recommended a new provision saying the attorney                                                                  
general shall defend the constitution of Alaska.                                                                                
                                                                                                                                
SENATOR DONLEY moved to insert in Section 1(b), (1) defend the                                                                  
constitution of the state of Alaska, and to renumber the rest of                                                                
the section accordingly.  There being no objection, amendment 2                                                                 
carried.                                                                                                                        
                                                                                                                                
MR. MARK JOHNSON, Subcommittee on Privatization for the Department                                                              
of Law (DOL), noted the legislature has the ability to define the                                                               
scope and nature of the responsibilities of the AG.                                                                             
                                                                                                                                
CHAIRMAN TAYLOR asked Mr. Johnson to further discuss the remaining                                                              
provisions on page 2 of SB 286--both the new language and the                                                                   
deleted language.                                                                                                               
                                                                                                                                
MR. JOHNSON commented that on page 2, lines 8 and 9 there is a                                                                  
significant deletion relating to common law powers.  This language                                                              
was deleted because, if a limited constitutional government is                                                                  
desired, the powers granted should not reflect a blank check, which                                                             
is what the present language reflected.  The addition of subsection                                                             
(c) will set into statutory law that which was believed to be the                                                               
case all along.                                                                                                                 
                                                                                                                                
Number 1426                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR moved to amend line 15 by adding the words "enact                                                               
laws."  The following is how Section 1(c) will read:  (c) The                                                                   
attorney general may, subject to the power of the legislature to                                                                
enact laws, make appropriations,....  There being no objection,                                                                 
amendment 3 carried.                                                                                                            
                                                                                                                                
Number 1597                                                                                                                     
                                                                                                                                
SENATOR ELLIS commented he thinks it is a mistake to eliminate the                                                              
common law powers of the AG.  He wonders what specific abuse of                                                                 
power has cause the Chairman to want to limit the office like this                                                              
in the future.  There are areas of the law that change rapidly, and                                                             
he does not understand why the committee should want to  minimize                                                               
the powers of the office rather than leave them as they are--being                                                              
fairly expansive in terms of purview and power.  Legislatures are                                                               
slow to keep up with changing areas of the law and it is good to                                                                
know there is a chief legal officer who will keep up with these                                                                 
things and exercise power in the public interest.                                                                               
                                                                                                                                
Number 1658                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR commented that he and Senator Ellis would like an                                                               
analogy of specific abuses that went beyond the AG's power, and                                                                 
where that abuse limited the private sector or stifled business in                                                              
some way.                                                                                                                       
                                                                                                                                
MR. JOHNSON noted the Exxon Valdez settlement is an example of                                                                  
where things were stretched about as far as they could go.                                                                      
                                                                                                                                
SENATOR DONLEY said Cleary and Molly Hootch are also examples of                                                                
the AG's abuse of power.                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR asked Mr. Johnson to get back to the committee with                                                             
a further analysis on this subject.                                                                                             
                                                                                                                                
SENATOR DONLEY moved SB 286 as amended from committee with                                                                      
individual recommendations.                                                                                                     
                                                                                                                                
SENATOR ELLIS objected.                                                                                                         
                                                                                                                                
The roll was taken on the motion.  Voting yea:  SENATOR HALFORD,                                                                
SENATOR DONLEY and CHAIRMAN TAYLOR.  Voting nay:  SENATOR ELLIS,                                                                
and so the motion carried.