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ENGROSSED HOUSE
BILL NO. 1237 By: McCall, McBride, Roberts
(Sean), Davis, Miller,
O'Donnell, Olsen, Dills,
Moore, Roberts (Dustin),
Pfeiffer, McDugle, Burns,
Ford, West (Tammy), Roe,
Sims, May, Dempsey,
Dobrinski, Crosswhite
Hader, Stearman, Conley,
Townley, Bashore, Lowe
(Dick), Patzkowsky, West
(Kevin), Worthen, Manger,
Grego, Sterling, Sneed,
Hardin (David), Martinez,
Marti, Boles, Luttrell,
Osburn, Frix, Kerbs,
Vancuren, Johns, Russ, West
(Rick), Baker, Hill, Gann,
Cornwell, Steagall, Lawson,
Talley, Stark, Hilbert,
Culver, Smith, Randleman,
Mize, Wolfley, Kendrix,
Caldwell (Trey), Echols,
Roberts (Eric), Humphrey
and Lepak
An Act relating to the United States; providing for
review of presidential executive orders and federal
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:
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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 rule 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 whether the state
should seek an exemption from the application of the action or seek
to have the action declared unconstitutional by a court of competent
jurisdiction and prevent, prohibit or enjoin enforcement of the
unconstitutional order, rule or action .
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 and shall
initiate an action to seek an exemption from the application of the
action or seek to have the action declared unconstitutional by a
court of competent jurisdiction and prevent, prohibit or enjoin
enforcement of the unconstitutional order, rule or action.
C. Notwithstanding any other provision of law, the state,
county, political subdivision or any other publicly funded
organization shall not implement , adopt or enforce any order,
federal agency rule or federal congressional action declared
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unconstitutional under subsection A or B of this section including,
but not limited to:
1. Pandemics or other h ealth emergencies;
2. The regulation of natural resources, including 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 keep 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
9. Any other powers reserved by the State of Oklahoma or the
people of Oklahoma.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the House of Representatives the 20th day of April, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate