(h) The attorney general shall continue to review federal statutes, regulations, presidential executive orders and actions, and secretarial orders and actions that may be in conflict with and that may preempt state law. If, after review, the attorney general believes that a federal statute, regulation, presidential executive order or action, or secretarial order or action would preempt a state law if constitutional and properly adopted in accordance with federal statutory authority but also believes that the federal statute, regulation, presidential executive order or action, or secretarial order or action is unconstitutional or was not properly adopted in accordance with federal statutory authority, the attorney general shall report the findings to the chairs of the house and senate committees having jurisdiction over judicial matters. The report shall be submitted to the legislature on or before January 15th of each year and must include
- (1) a copy of the federal statute, regulation, presidential executive order or action, or secretarial order or action that the attorney general finds was not properly adopted in accordance with federal statutory authority or is unconstitutional;
- (2) a citation to the state law that is in conflict with the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection;
(3) a written opinion explaining
- (A) the basis for finding that the federal statute, regulation, presidential executive order or action, or secretarial order or action is unconstitutional or was not properly adopted in accordance with federal statutory authority;
- (B) the conflict between the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection and the state law identified in (2) of this subsection and why, if properly adopted, the federal statute, regulation, presidential executive order or action, or secretarial order or action would preempt the state law;
- (C) the effect on the state if the state law identified in (2) of this subsection is found by a court to be preempted by the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection; and
- (D) litigation the attorney general is party to or aware of concerning a conflict between a federal statute, regulation, presidential executive order or action, or secretarial order or action that would preempt state law if constitutional, but that the attorney general or another party claims is unconstitutional; and
- (4) other information relevant to the findings by the attorney general.