02/08/2013 01:00 PM House JUDICIARY

         HB 83 - FEDERAL REGULATIONS & EXECUTIVE ORDERS                                                                     
                                                                                                                                
2:50:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
HOUSE BILL NO. 83, "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."                                                                                               
                                                                                                                                
2:50:30 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature,  on behalf  of the  sponsor, Representative  Keller,                                                               
explained  that HB  83 would  clarify  in Alaska  statute that  a                                                               
federal  statute,  [federal] regulation,  presidential  executive                                                               
order, or secretarial order that  is unconstitutional or that was                                                               
not  properly  adopted  in   accordance  with  federal  statutory                                                               
authority  may not  be  considered  to preempt  Alaska  law.   He                                                               
offered  his   belief  that   many  [federal   statutes,  federal                                                               
regulations,  presidential  executive   orders,  and  secretarial                                                               
orders] have  resulted in Alaska's  economy being brought  to all                                                               
but a  screeching halt,  and that many  don't comply  with either                                                               
the  U.S. Constitution  or the  basic rules  pertaining to  their                                                               
adoption.    Under  HB  83, when  a  federal  statute,  [federal]                                                               
regulation,  presidential executive  order, or  secretarial order                                                               
is considered  to be unconstitutional or  improperly adopted, the                                                               
attorney general shall notify the  chairs of the House and Senate                                                               
committees having jurisdiction over  judicial matters - the House                                                               
and Senate  Standing Judiciary Committees.   Being  provided this                                                               
information  would  give  [the legislature]  the  opportunity  to                                                               
determine how  to proceed.   In conclusion, he relayed  that [the                                                               
sponsor] would appreciate the committee's support of HB 83.                                                                     
                                                                                                                                
CHAIR  KELLER, as  the  sponsor  of HB  83,  said  that from  his                                                               
perspective, there seem  to be more and more  [federal] laws that                                                               
are [constitutionally]  questionable.  The bill  would enable the                                                               
legislature to  become involved in  instances where  the attorney                                                               
general becomes aware of any such [laws].                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG, noting that  court decisions can impact                                                               
[federal] laws, ventured that perhaps  they ought to add judicial                                                               
decisions to  the list of  items that the attorney  general shall                                                               
review and report on.                                                                                                           
                                                                                                                                
2:57:39 PM                                                                                                                    
                                                                                                                                
DAVID  JONES,   Senior  Assistant  Attorney   General,  Opinions,                                                               
Appeals,   &   Ethics   Section,  Civil   Division   (Anchorage),                                                               
Department of  Law (DOL),  in response to  a question,  said that                                                               
under HB  83 as currently  written, [the attorney  general] would                                                               
be required  to notify the aforementioned  legislative committees                                                               
of potential  constitutional problems, when discovered,  that may                                                               
have a preemptive effect [on state  law].  Without the bill, such                                                               
notification  might not  occur in  the normal  course, and  so to                                                               
that  extent, [the  attorney general's]  workload would  increase                                                               
under the bill.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested that perhaps the  bill should                                                               
be  changed to  instead  require legislative  Legal and  Research                                                               
Services  to  conduct  the  reviews,  rather  than  the  attorney                                                               
general.                                                                                                                        
                                                                                                                                
CHAIR  KELLER acknowledged  that although  the Department  of Law                                                               
(DOL) is  tasked with protecting Alaskans,  conducting reviews of                                                               
what's  occurring at  the federal  level  in light  of that  task                                                               
would be  new.   In conclusion,  he relayed that  HB 83  would be                                                               
held over.