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CSSB 118(JUD): "An Act relating to introduction of bills; and establishing the committee on nullification of federal laws."

00 CS FOR SENATE BILL NO. 118(JUD) 01 "An Act relating to introduction of bills; and establishing the committee on nullification 02 of federal laws." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 24.08.060(b) is amended to read: 05 (b) Bills introduced by the legislative council shall be delivered with a letter of 06 explanation to the rules committee of either house and bear the inscription "Rules 07 Committee by Request of the Legislative Council"; bills introduced by the Legislative 08 Budget and Audit Committee shall be delivered with a letter of explanation to the 09 rules committee of either house and bear the inscription "Rules Committee by Request 10 of the Legislative Budget and Audit Committee"; bills introduced by the committee 11 on nullification of federal laws shall be delivered with a letter of explanation to 12 the rules committee of either house and bear the inscription "Rules Committee 13 by Request of the Committee on Nullification of Federal Laws"; bills presented by 14 the governor shall be delivered with a letter to the rules committee of either house and

01 bear the inscription "Rules Committee by Request of the Governor"; bills so presented 02 and inscribed shall be received as bills carrying the approval of the governor as to 03 policy and budget impact. The governor may submit a statement of purpose and effect 04 with each bill and appear personally or through a representative before any committee 05 considering legislation. 06 * Sec. 2. AS 24.20 is amended by adding a new section to read: 07 Article 4. Committee on Nullification of Federal Laws. 08 Sec. 24.20.700. Committee on nullification of federal laws established; 09 duties. (a) The committee on nullification of federal laws is established as a 10 permanent interim committee of the legislature. 11 (b) The committee is composed of 12 (1) the chairs of the senate and house judiciary committees; 13 (2) the chairs of the senate and house state affairs committees; 14 (3) one member of the largest minority caucus in each house, selected 15 by the leader of that caucus. 16 (c) The chairs of the senate and house judiciary committees shall serve as 17 co-chairs of the committee. 18 (d) The committee shall meet at the call of either co-chair when the legislature 19 is not in session and after considering the available resources to conduct the requested 20 review. 21 (e) A member of the committee may request the review of a federal statute, 22 regulation, or executive order to consider whether the statute, regulation, or executive 23 order is outside the scope of the powers delegated to the federal government in the 24 Constitution of the United States. 25 (f) After the review of a federal statute, regulation, or executive order, the 26 committee may, by a majority vote of the full membership of the committee, 27 (1) introduce a resolution recommending whether the state should 28 effectively nullify a federal statute, regulation, or executive order by withholding state 29 resources for the enforcement or implementation of the federal statute, regulation, or 30 executive order; 31 (2) introduce a resolution encouraging the attorney general to file a

01 lawsuit challenging the constitutionality of a federal statute, regulation, or executive 02 order; 03 (3) introduce a bill nullifying a federal statute, regulation, or executive 04 order based on constitutionality; 05 (4) introduce a bill that provides that an act prohibited by a federal 06 statute, regulation, or executive order is not prohibited under state law notwithstanding 07 the federal statute, regulation, or executive order; or 08 (5) submit a report to the legislature with its findings and 09 recommendations. 10 (g) The committee may review any federal statute, regulation, or executive 11 order, including those taking effect before the effective date of this Act.