HB 83: "An Act relating to state implementation of federal statutes."

00HOUSE BILL NO. 83 01 "An Act relating to state implementation of federal statutes." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. FINDINGS AND INTENT. (a) The legislature finds that 04 (1) the people of the state, acting through their elected state officers, retain the 05 authority to establish state policy regarding the implementation of many federal statutes; 06 (2) implementation of federal policies in the state by federal agencies in ways 07 contrary to fundamental notions of federalism and self-determination on the state level must 08 be identified and countered; 09 (3) there is an urgent need to modify certain mandates imposed on the state 10 by the federal government because the implementation of those mandates wastes the financial 11 resources of the state, municipalities, and state residents and may undermine policies set by 12 the state; 13 (4) federal regulators frequently do not understand the needs and priorities of 14 this state;

01 (5) the tenth amendment to the United States Constitution directs that powers 02 not delegated to the United States are reserved to the states or to the people, yet the federal 03 government has intruded more and more into areas that must be left to the states; 04 (6) state government has a responsibility to monitor federal mandates to ensure 05 that they do not unduly conflict with state policy or go beyond the bounds imposed by the 06 tenth amendment to the United States Constitution. 07 (b) It is the intent of the legislature to assure that state government scrutinizes the 08 extent and scope of authority asserted by the federal government in imposing mandated 09 programs on the state to determine whether these mandates are inconsistent with state policy 10 or exceed the lawful authority of the federal government. 11 * Sec. 2. AS 37 is amended by adding a new chapter to read: 12 CHAPTER 40. IMPLEMENTATION OF FEDERAL MANDATES. 13  Sec. 37.40.010. STATE PROGRAMS IMPLEMENTING FEDERAL 14 MANDATES. (a) The commissioner of each department or head of another agency 15 in the executive branch shall annually review each program administered by that 16 department or agency that implements federal statutes that impose mandated duties on 17 the state. The commissioner or agency head shall also review federal statutes, 18 regulations, guidelines, and policies that pertain to the program and identify those 19 provisions that are inconsistent with state policy or are not cost-effective. The 20 commissioner or agency head shall prepare a report describing the materials reviewed, 21 setting out conclusions, and making recommendations for changes in federal law to 22 make the program consistent with state policy or more cost-effective. A copy of the 23 review prepared under this subsection shall be delivered to the governor, the house and 24 senate judiciary committees, and the Legislative Budget and Audit Committee by 25 February 1. 26  (b) The commissioner of a department or head of another agency of the 27 executive branch authorized to develop a state program to respond to mandates 28 contained in federal statute shall, with the assistance of the Department of Law, review 29 the applicable federal statutes, regulations, guidelines, and policies to determine 30 whether the federal government has exceeded its constitutional authority to impose 31 mandates on the state. If it is determined that the federal government may have

01 exceeded its authority, the commissioner or agency head shall submit a written report 02 to the governor and the house and senate judiciary committees setting out the basis for 03 this determination. 04  (c) A department or other agency of the executive branch authorized to 05 develop a state program to respond to mandates contained in federal statute shall 06  (1) give due consideration to the financial restraints of the state and 07 municipalities in the development of the program; and 08  (2) devise a program that is as efficient as possible in terms of long- 09 range public benefit and cost. 10  Sec. 37.40.020. LEGISLATIVE REVIEW OF FEDERAL MANDATES. (a) 11 Upon receipt of a report under AS 37.40.010(a) or (b), each committee shall review 12 the report and may seek additional information regarding the federal mandate involved. 13 The committee shall inquire further into the legality of the federal mandate, and may 14 enter into contracts for legal research on this issue. The committee may also enter into 15 contracts for research into legal theories that may support the right of the state to 16 oppose the federal mandate and may conduct or contract for research into more cost- 17 effective methods of implementing the mandate. 18  (b) Based upon its review under (a) of this section, the committee shall submit 19 a report of its recommendations to the governor regarding 20  (1) the need to seek a change in federal statute, regulation, or policy 21 to ensure that the federal mandate is consistent with state policy and suited to the 22 needs of the state; 23  (2) ways in which the state program might be altered to more 24 efficiently implement the federal mandate; 25  (3) the advisability of pursuing a legal challenge to the validity of the 26 mandate.