(a) The attorney general is the legal advisor of the governor and other state officers.
(b) The attorney general shall
(1) defend the Constitution of the State of Alaska and the Constitution of the United States of America;
(2) bring, prosecute, and defend all necessary and proper actions in the name of the state for the collection of revenue;
(3) represent the state in all civil actions in which the state is a party;
(4) prosecute all cases involving violation of state law, and file informations and prosecute all offenses against the revenue laws and other state laws where there is no other provision for their prosecution;
(5) administer state legal services, including the furnishing of written legal opinions to the governor, the legislature, and all state officers and departments as the governor directs; and give legal advice on a law, proposed law, or proposed legislative measure upon request by the legislature or a member of the legislature;
(6) draft legal instruments for the state;
(7) make available a report to the legislature, through the governor, at each regular legislative session
(A) of the work and expenditures of the office; and
(B) on needed legislation or amendments to existing law;
(8) prepare, publish, and revise as it becomes useful or necessary to do so an information pamphlet on landlord and tenant rights and the means of making complaints to appropriate public agencies concerning landlord and tenant rights; the contents of the pamphlet and any revision shall be approved by the Department of Law before publication; and
(9) perform all other duties required by law or which usually pertain to the office of attorney general in a state.
(c) Before January 1, 1999, the attorney general may, in a case that involves the state's title to submerged lands, or in any case in which the state seeks to allocate fault to the federal government or a federal employee under AS 09.17.080 , waive the state's immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United States. The expiration on January 1, 1999, of the attorney general's authority to waive the state's Eleventh Amendment immunity does not affect existing waivers in ongoing cases.
(d) The attorney general may, subject to the power of the legislature to enact laws and make appropriations, settle actions, cases, and offenses under (b) of this section.
(e) There is established within the Department of Law the function of public advocacy for regulatory affairs. The attorney general shall participate as a party in a matter that comes before the Regulatory Commission of Alaska when the attorney general determines that participation is in the public interest. When considering whether participation is in the public interest, the attorney general shall consider the issues the Regulatory Commission of Alaska must take into consideration under AS 42.05.141 (d).
(f) The attorney general shall designate not less than one-half attorney position in the Department of Law for the purpose of prosecuting actions for fraudulent acts related to workers' compensation under AS 23.30.
(g) The attorney general may, in cases that involve compliance, discharge, or enforcement of responsibilities assumed by the Department of Transportation and Public Facilities under AS 44.42.300 , waive the state's immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United States.
(h) The attorney general shall continue to review federal statutes, regulations, presidential executive orders and actions, and secretarial orders and actions that may be in conflict with and that may preempt state law. If, after review, the attorney general believes that a federal statute, regulation, presidential executive order or action, or secretarial order or action would preempt a state law if constitutional and properly adopted in accordance with federal statutory authority but also believes that the federal statute, regulation, presidential executive order or action, or secretarial order or action is unconstitutional or was not properly adopted in accordance with federal statutory authority, the attorney general shall report the findings to the chairs of the house and senate committees having jurisdiction over judicial matters. The report shall be submitted to the legislature on or before January 15th of each year and must include
(1) a copy of the federal statute, regulation, presidential executive order or action, or secretarial order or action that the attorney general finds was not properly adopted in accordance with federal statutory authority or is unconstitutional;
(2) a citation to the state law that is in conflict with the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection;
(3) a written opinion explaining
(A) the basis for finding that the federal statute, regulation, presidential executive order or action, or secretarial order or action is unconstitutional or was not properly adopted in accordance with federal statutory authority;
(B) the conflict between the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection and the state law identified in (2) of this subsection and why, if properly adopted, the federal statute, regulation, presidential executive order or action, or secretarial order or action would preempt the state law;
(C) the effect on the state if the state law identified in (2) of this subsection is found by a court to be preempted by the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection; and
(D) litigation the attorney general is party to or aware of concerning a conflict between a federal statute, regulation, presidential executive order or action, or secretarial order or action that would preempt state law if constitutional, but that the attorney general or another party claims is unconstitutional; and
(4) other information relevant to the findings by the attorney general.
Section: Previous 44.23.010 44.23.020 44.23.025 44.23.030 44.23.040 44.23.050 44.23.060 44.23.070 44.23.080 NextLast modified: November 15, 2016