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.