2
3
4
5
6 Cosponsors:
7 Cheryl K. Acton
8 Carl R. Albrecht
9 Melissa G. Ballard
10 Kera Birkeland
11 Brady Brammer
12 Walt Brooks
13 Jefferson S. Burton
14 Steve R. Christiansen
Joel Ferry
Francis D. Gibson
Stephen G. Handy
Michael L. Kohler
Steven J. Lund
Merrill F. Nelson
Michael J. Petersen
Adam Robertson
Rex P. Shipp
Keven J. Stratton
Jordan D. Teuscher
Raymond P. Ward
Christine F. Watkins
Douglas R. Welton
Ryan D. Wilcox
15
16 LONG TITLE
17 General Description:
18 This bill addresses the review of certain presidential executive orders.
19 Highlighted Provisions:
20 This bill:
21 ▸ requires the Constitutional Defense Council to review certain executive orders by
22 the president of the United States;
23 ▸ authorizes the attorney general or governor to seek to have the executive order
24 declared an unconstitutional exercise of legislative authority by the president; and
25 ▸ restricts the enforceability of certain executive orders.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 63C-4a-204, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 63C-4a-204 is enacted to read:
36 63C-4a-204. Review of presidential executive orders.
37 (1) The council shall review certain executive orders by the president of the United
38 States that are not affirmed by a vote of the United States Congress and signed into law as
39 prescribed by the Constitution of the United States.
40 (2) Upon review, the council may recommend to the attorney general and the governor
41 that an executive order be further examined by the attorney general to determine:
42 (a) the constitutionality of the executive order; and
43 (b) whether the state should seek to have the executive order declared to be an
44 unconstitutional exercise of legislative authority by the president.
45 (3) Notwithstanding any other provision of law, no state agency, political subdivision,
46 elected or appointed state official or employee, or official or employee of a political
47 subdivision may implement a presidential executive order that is determined by the attorney
48 general to be unconstitutional under this section if the order relates to:
49 (a) a pandemic or other public health emergency;
50 (b) the regulation of natural resources;
51 (c) the regulation of the agricultural industry;
52 (d) the regulation of land use;
53 (e) the regulation of the financial sector through the imposition of environmental,
54 social, or governance standards; or
55 (f) the regulation of the constitutional right to keep and bear arms.