Enrolled HB 83: Relating to certain federal statutes, regulations, presidential executive orders and actions, and secretarial orders and actions; relating to the duties of the attorney general; and providing for an effective date.
00Enrolled HB 83 01 Relating to certain federal statutes, regulations, presidential executive orders and actions, and 02 secretarial orders and actions; relating to the duties of the attorney general; and providing for 03 an effective date. 04 _______________ 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) under the Supremacy Clause of the Constitution of the United States, laws 09 of the United States are the supreme law of the land; however, there may be federal statutes, 10 regulations, presidential executive orders and actions, and secretarial orders and actions that 11 exceed the constitutional authority of the United States Congress, and that are unlawfully and 12 unfairly preempting state laws, depriving the legislature and Alaskans of the right to address 13 social issues, develop the state's economy, and manage natural resources as Alaskans; and 14 (2) establishing a process, by providing for an annual report from the attorney
01 general, will assist the legislature in reviewing federal statutes, regulations, presidential 02 executive orders and actions, and secretarial orders and actions that may exceed the 03 constitutional authority of the United States Congress, so that the legislature may take 04 appropriate action. 05 * Sec. 2. AS 24.05 is amended by adding a new section to article 4 to read: 06 Sec. 24.05.188. Federal statutes, regulations, presidential executive orders 07 and actions, and secretarial orders and actions. After receiving a report from the 08 attorney general under AS 44.23.020(h) that a state law is in conflict with a federal 09 statute, regulation, presidential executive order or action, or secretarial order or action 10 that is unconstitutional or was not properly adopted in accordance with federal 11 statutory authority, the house and senate committees having jurisdiction over judicial 12 matters may each consider whether legislative action is necessary in response to the 13 findings by the attorney general. 14 * Sec. 3. AS 44.23.020 is amended by adding a new subsection to read: 15 (h) The attorney general shall continue to review federal statutes, regulations, 16 presidential executive orders and actions, and secretarial orders and actions that may 17 be in conflict with and that may preempt state law. If, after review, the attorney 18 general believes that a federal statute, regulation, presidential executive order or 19 action, or secretarial order or action would preempt a state law if constitutional and 20 properly adopted in accordance with federal statutory authority but also believes that 21 the federal statute, regulation, presidential executive order or action, or secretarial 22 order or action is unconstitutional or was not properly adopted in accordance with 23 federal statutory authority, the attorney general shall report the findings to the chairs 24 of the house and senate committees having jurisdiction over judicial matters. The 25 report shall be submitted to the legislature on or before January 15th of each year and 26 must include 27 (1) a copy of the federal statute, regulation, presidential executive 28 order or action, or secretarial order or action that the attorney general finds was not 29 properly adopted in accordance with federal statutory authority or is unconstitutional; 30 (2) a citation to the state law that is in conflict with the federal statute, 31 regulation, presidential executive order or action, or secretarial order or action
01 identified in (1) of this subsection; 02 (3) a written opinion explaining 03 (A) the basis for finding that the federal statute, regulation, 04 presidential executive order or action, or secretarial order or action is 05 unconstitutional or was not properly adopted in accordance with federal 06 statutory authority; 07 (B) the conflict between the federal statute, regulation, 08 presidential executive order or action, or secretarial order or action identified 09 in (1) of this subsection and the state law identified in (2) of this subsection 10 and why, if properly adopted, the federal statute, regulation, presidential 11 executive order or action, or secretarial order or action would preempt the state 12 law; 13 (C) the effect on the state if the state law identified in (2) of this 14 subsection is found by a court to be preempted by the federal statute, 15 regulation, presidential executive order or action, or secretarial order or action 16 identified in (1) of this subsection; and 17 (D) litigation the attorney general is party to or aware of 18 concerning a conflict between a federal statute, regulation, presidential 19 executive order or action, or secretarial order or action that would preempt 20 state law if constitutional, but that the attorney general or another party claims 21 is unconstitutional; and 22 (4) other information relevant to the findings by the attorney general. 23 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).