SB 1: "An Act relating to state implementation of federal statutes."
00SENATE BILL NO. 1 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 and the 24 Legislative Budget and Audit Committee by February 1. 25 (b) The commissioner of a department or head of another agency of the 26 executive branch authorized to develop a state program to respond to mandates 27 contained in federal statute shall, with the assistance of the Department of Law, review 28 the applicable federal statutes, regulations, guidelines, and policies to determine 29 whether the federal government has exceeded its authority to impose mandates on the 30 state. If it is determined that the federal government may have exceeded its authority, 31 the commissioner or agency head shall submit a written report to the governor and the
01 Legislative Budget and Audit Committee setting out the basis for this determination. 02 (c) A department or other agency of the executive branch authorized to 03 develop a state program to respond to mandates contained in federal statute shall 04 (1) give due consideration to the financial restraints of the state and 05 municipalities in the development of the program; and 06 (2) devise a program that is as efficient as possible in terms of long-range public benefit and cost. 07 Sec. 37.40.020. LEGISLATIVE REVIEW OF FEDERAL MANDATES. (a) 08 Upon receipt of a report under AS 37.40.010(a) or (b), the Legislative Budget and 09 Audit Committee shall review the report and may seek additional information 10 regarding the federal mandate involved. The Legislative Budget and Audit Committee 11 may enter into contracts for research into legal theories that may support the right of 12 the state to oppose the federal mandate or research into more cost-effective methods 13 of implementing the mandate. 14 (b) Based upon its review under (a) of this section, the Legislative Budget and 15 Audit Committee may submit a report of its recommendations to the governor 16 regarding 17 (1) the need to seek a change in federal statute, regulation, or policy 18 to ensure that the federal mandate is consistent with state policy and suited to the 19 needs of the state; 20 (2) ways in which the state program might be altered to more 21 efficiently implement the federal mandate; 22 (3) the possibility of pursuing a legal challenge to the validity of the 23 mandate.