HB 8: "An Act relating to certain federal regulations and presidential executive orders; relating to the duties of the attorney general; and providing for an effective date."
00 HOUSE BILL NO. 8 01 "An Act relating to certain federal regulations and presidential executive orders; 02 relating to the duties of the attorney general; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE FINDINGS. The legislature finds that 07 (1) the Supremacy Clause of art. VI, clause 2, Constitution of the United 08 States, provides that the Constitution of the United States and the laws of the United States 09 made under and in conformity with the Constitution of the United States are the supreme law 10 of the land; 11 (2) the United States Supreme Court, in City of New York v. Federal 12 Communications Commission, 486 U.S. 57 (1988), stated that "[t]he phrase, 'Laws of the 13 United States' encompasses both federal statutes themselves and federal regulations that are 14 properly adopted in accordance with statutory authorization";
01 (3) federal regulations and presidential executive orders that are 02 unconstitutional and not properly adopted in accordance with statutory authority are not laws 03 of the United States for the purposes of the Supremacy Clause; and 04 (4) federal regulations and presidential executive orders that are not properly 05 adopted in accordance with statutory authority may not preempt state laws that are not in 06 conflict with federal statutory authority and regulations properly adopted in accordance with 07 that statutory authority. 08 * Sec. 2. AS 01.10 is amended by adding a new section to read: 09 Article 5. Laws of the United States. 10 Sec. 01.10.200. Federal preemption; effect of certain federal regulations 11 and presidential executive orders. A federal regulation or presidential executive 12 order that is unconstitutional or was not properly adopted in accordance with federal 13 statutory authority may not be considered to preempt a state law. 14 * Sec. 3. AS 24.05 is amended by adding a new section to article 4 to read: 15 Sec. 24.05.188. Federal regulations and executive orders. After receiving a 16 report from the attorney general under AS 44.23.020(h) that a state law is in conflict 17 with a federal regulation or presidential executive order that is unconstitutional or was 18 not properly adopted in accordance with federal statutory authority, the house and 19 senate committees having jurisdiction over judicial matters may each consider whether 20 legislative action is necessary in response to the findings by the attorney general. 21 * Sec. 4. AS 44.23.020 is amended by adding a new subsection to read: 22 (h) The attorney general shall review federal regulations and presidential 23 executive orders that may be in conflict with and may preempt state law. If the 24 attorney general finds that a federal regulation or presidential executive order is 25 unconstitutional or was not properly adopted in accordance with federal statutory 26 authority and that the federal regulation or presidential executive order would preempt 27 a state law if constitutional and properly adopted, the attorney general shall report the 28 findings to the chairs of the house and senate committees having jurisdiction over 29 judicial matters. The report must include 30 (1) a copy of the federal regulation or presidential executive order that 31 the attorney general finds was not properly adopted in accordance with federal
01 statutory authority; 02 (2) a citation to the state law that is in conflict with the federal 03 regulation or presidential executive order identified in (1) of this subsection; 04 (3) a written opinion explaining 05 (A) the basis for finding that the federal regulation or 06 presidential executive order is unconstitutional or was not properly adopted in 07 accordance with federal statutory authority; 08 (B) the conflict between the federal regulation or presidential 09 executive order identified in (1) of this subsection and the state law identified 10 in (2) of this subsection and why, if properly adopted, the federal regulation or 11 presidential executive order would preempt the state law; and 12 (C) the effect on the state if the state law identified in (2) of this 13 subsection is found by a court to be preempted by the federal regulation or 14 presidential executive order identified in (1) of this subsection; and 15 (4) other information relevant to the findings by the attorney general. 16 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).