| 13 | 13 | | A BILL TO BE ENTITLED 1 |
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| 14 | 14 | | AN ACT TO PROVIDE FOR LEGISLATIVE REVIEW OR REVIEW BY THE ATTORNEY 2 |
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| 15 | 15 | | GENERAL OF FEDERAL ACTS TO DETERMINE THE CONSTITUTIONALITY OF 3 |
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| 16 | 16 | | THOSE ACTS AND TO PROHIBIT THE IMPLEMENTATION OF 4 |
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| 17 | 17 | | UNCONSTITUTIONAL FEDERAL LAWS, RULES, AND EXECUTIVE ORDERS. 5 |
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| 18 | 18 | | The General Assembly of North Carolina enacts: 6 |
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| 19 | 19 | | SECTION 1. Article 2 of Chapter 120 of the General Statutes is amended by adding 7 |
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| 20 | 20 | | a new section to read: 8 |
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| 21 | 21 | | "ยง 120-9.1. Review of federal actions. 9 |
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| 22 | 22 | | (a) As used in this section, the term "federal action" means any federal law, federal rule, 10 |
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| 23 | 23 | | or executive order issued by the President of the United States. 11 |
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| 24 | 24 | | (b) The General Assembly may review any federal action to determine the 12 |
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| 25 | 25 | | constitutionality of such action. The General Assembly may also direct the Attorney General to 13 |
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| 26 | 26 | | conduct a review of any federal action to determine the constitutionality of the federal action and 14 |
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| 27 | 27 | | whether the State should seek an exemption from the application of the federal action or seek to 15 |
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| 28 | 28 | | have the federal action declared unconstitutional. 16 |
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| 29 | 29 | | (c) If the General Assembly determines a federal action is unconstitutional, it may direct 17 |
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| 30 | 30 | | the Attorney General to pursue a legal challenge to declare the federal action unconstitutional. If 18 |
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| 31 | 31 | | the Attorney General declines to seek to have a federal action declared unconstitutional as 19 |
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| 32 | 32 | | directed by the General Assembly under this section, the General Assembly may declare the 20 |
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| 33 | 33 | | federal action to be unconstitutional. 21 |
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| 34 | 34 | | (d) Notwithstanding any other provision of law, the State, any political subdivision of the 22 |
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| 35 | 35 | | State, and any organization that receives State funds shall not implement any federal action that 23 |
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| 36 | 36 | | restricts a person's rights. Notwithstanding any other provision of law, the State, any political 24 |
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| 37 | 37 | | subdivision of the State, and any organization that receives State funds shall not implement any 25 |
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| 38 | 38 | | federal action that either the General Assembly or the Attorney General has determined to be 26 |
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| 39 | 39 | | unconstitutional and which relates to any of the following: 27 |
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| 40 | 40 | | (1) A pandemic or other health emergency. 28 |
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| 41 | 41 | | (2) The regulation of natural resources, including oil and natural gas. 29 |
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| 42 | 42 | | (3) The regulation of the agricultural industry. 30 |
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| 43 | 43 | | (4) The use of land and wetlands and water. 31 |
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| 44 | 44 | | (5) The regulation of the financial sector as it relates to environmental, social, or 32 |
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| 45 | 45 | | governance standards. 33 |
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| 46 | 46 | | (6) The regulation of the constitutional right to keep and bear arms. 34 |
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