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