00 CS FOR HOUSE BILL NO. 120(JUD)                                                                                          
01 "An Act relating to the power of the attorney general to waive immunity from                                            
02 suit in federal court; and providing for an effective date."                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 44.23.020 is amended by adding a new subsection to read:                                            
05  (c)  Before January 1, 1999, the attorney general may, in a case that involves                                        
06 the state's title to submerged lands, or in any case in which the state seeks to allocate                               
07 fault to the federal government or a federal employee under AS 09.17.080, waive the                                     
08 state's immunity from suit in federal court provided under the Eleventh Amendment                                       
09 to the Constitution of the United States.  The expiration on January 1, 1999, of the                                    
10 attorney general's authority to waive the state's Eleventh Amendment immunity does                                      
11 not affect existing waivers in ongoing cases.                                                                           
12    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).