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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled 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).                                                 
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