Review of presidential executive orders.

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  • (1) The council shall review certain executive orders by the president of the United States that are not affirmed by a vote of the United States Congress and signed into law as prescribed by the Constitution of the United States.
  • (2) Upon review, the council may recommend to the attorney general and the governor that an executive order be further examined by the attorney general to determine:
    • (a) the constitutionality of the executive order; and
    • (b) whether the state should seek to have the executive order declared to be an unconstitutional exercise of legislative authority by the president.
  • (3) Notwithstanding any other provision of law, no state agency, political subdivision, elected or appointed state official or employee, or official or employee of a political subdivision may implement a presidential executive order that is determined by the attorney general to be unconstitutional under this section if the order relates to:
    • (a) a pandemic or other public health emergency;
    • (b) the regulation of natural resources;
    • (c) the regulation of the agricultural industry;
    • (d) the regulation of land use;
    • (e) the regulation of the financial sector through the imposition of environmental, social, or governance standards; or
    • (f) the regulation of the constitutional right to keep and bear arms.




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