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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1236 By: McCall
COMMITTEE SUBSTITUTE
An Act relating to the United States; providing for
review of presidential executive orders and fed eral
actions; prohibiting implementation of
unconstitutional actions; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 101 of Title 80, unless there is
created a duplication in numbering, reads as follows:
A. The Legislature may review any executive order issued by the
President of the United States, federal agency r ule or federal
congressional action to determine the constitutionality of such
action. Upon recommendation from the Legislature, the Attorney
General shall review such action by the federal government to
determine the constitutionality of the action and w hether the state
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should seek an exemption from the application of the action or seek
to have the action declared unconstitutional.
B. Should the Attorney General decline to pursue action based
upon the determination of the Legislature, the Legislature may
declare the action unconstitutional by a majority vote.
C. Notwithstanding any other provision of law, the state,
county, political subdivision or any other publicly funded
organization shall not implement any action that restricts a
person's rights or t hat the Office of the Attorney General or the
Legislature by a majority vote determines to be unconstitutional
under subsection A of this section and which relates to:
1. Pandemics or other health emergencies;
2. The regulation of natural resources, incl uding oil and
natural gas;
3. The regulation of the agriculture industry;
4. The use of land;
5. The regulation of the financial sector as it relates to
environmental, social or governance standards;
6. The regulation of the constitutional right to ke ep and bear
arms;
7. The regulation of education;
8. The regulation of interscholastic, intramural or other
extracurricular sports sponsored by an institution of higher
education, a school district or a charter school; or
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9. Any other powers reserved b y the State of Oklahoma or the
people of Oklahoma.
SECTION 2. This act shall become effective November 1, 2021.
58-1-7583 MAH 02/18/21