Oklahoma 2024 Regular Session

Oklahoma House Bill HB3180

Introduced
2/5/24  

Caption

State government; findings; nullification; procedures; effective date.

Impact

The enactment of HB 3180 would introduce a significant shift in how state and federal jurisdictions interact. The bill empowers the state legislature to review federal actions and decide on their constitutionality. If a federal action is deemed unconstitutional, the state could effectively nullify it within its borders. This could lead to tensions between state and federal authorities, as it challenges established federal authority by promoting state-level decisions on federal policies. If adopted, it could be expected to impact various areas of law, potentially affecting anything from health care regulations to environmental laws that have federal oversight.

Summary

House Bill 3180 seeks to establish procedures for the nullification of federal actions that are deemed to exceed the powers allocated to the federal government by the Constitution of the United States. The bill defines 'federal action' to include a variety of actions taken by federal authorities, such as laws, agency regulations, and executive orders that are viewed as unconstitutional. The proposed measure is positioned as a means for Oklahoma to assert its rights and sovereignty against perceived federal overreach, seeking to foster a sense of independence from federal mandates.

Contention

Notably, the bill has generated controversy surrounding the ideas of state sovereignty and the limits of federal power. Advocates argue that the measure is a necessary tool to protect individual rights and state interests. However, opponents warn that such an approach may undermine the rule of law, lead to legal confusion, and create a patchwork of regulations across the country that could complicate compliance for individuals and businesses. The bill also raises questions about the effectiveness and legality of nullification as a remedy, as historical precedents show varying perspectives on whether states can lawfully nullify federal laws.

Companion Bills

No companion bills found.

Previously Filed As

OK HB1981

State government; State Auditor and Inspector; petition audits; procedures; effective date.

OK SB1087

Governmental Tort Claims Act; modifying definition. Effective date.

OK HB2340

State government; business; contracts; prohibited contracts; enforcement; damages; effective date.

OK HB1608

State government; creating the State Purchasing Procedures Act of 2023; effective date.

OK SB180

Administrative Procedures Act; clarifying scope of rulemaking authority; requiring inclusion of statutory authority with administrative rules. Effective date.

OK HB1805

State government; creating the Pay for Performance Act of 2023; effective date.

OK SB940

State government; modifying duties of the Attorney General; allowing for investigation of foreign entities for certain purchases near military installations. Effective date.

OK HB2289

Revenue and taxation; state and local taxes; procedures; administration; Oklahoma Tax Commission; effective date; emergency.

OK HB1908

State government; requiring certain reports be published on website; prescribing procedures; effective date.

OK HB2541

State government; State Government Transparency in Billing Act; fees; costs; exemptions; effective date.

Similar Bills

OK HJR1017

Oklahoma Constitution; Article V Constitutional Conventions; procedures; filing.

OK HJR1017

Oklahoma Constitution; Article V Constitutional Conventions; procedures; filing.

OK HJR1056

Joint Resolution; Article V Convention; amendments to the U.S, Constitution and a gathering of the states in preparation for Article V Convention; termination date; filing.

OK SJR23

Joint resolution; Convention of States under Article V; proposing amendments to U.S. Constitution. Directing transmission.

OK HJR1015

United States Congress; Article V; transmission; continuing application.

OK HR1009

Resolution asserting sovereignty under the Tenth Amendment to the United States Constitution; directing distribution.

OK HCR1002

Concurrent resolution; revocation of previous actions related to Article V of the United States Constitution; communications; distribution.

OK HCR1006

Concurrent Resolution; memorializing Congress; funds; campaigns; elections; ballot measures; distribution.