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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 455 By: Bullard
AS INTRODUCED
An Act relating to federal actions; amending 80 O.S.
2021, Section 101, which relat es to legislative
review of federal actions; prohibiting implementation
or enforcement of certain federal actions fo und
unconstitutional; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 80 O.S. 2021, Section 1 01, is
amended to read as follows:
Section 101. A. The Legislature may review any exec utive order
issued by the President of the United States , federal agency rule or
federal congressional action to dete rmine the constituti onality of
such action. Upon recommendation from the Legislature, the Attorney
General, through the State Reserved Powers Protection Unit, 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
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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 by a
majority vote 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 declare d
unconstitutional by a court of competent jurisdiction under
subsection A or B of this section including, but not li mited to:
1. Pandemics or other health emergencies ;
2. The regulation of natural r esources, 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 constitution al right to keep and bear
arms;
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7. The regulation of education;
8. The regulation of marr iage;
9. 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. 10. Any other powers reserved by the State of Oklahoma or
the people of Oklahoma.
SECTION 2. This act shall become effective November 1, 2023.
59-1-143 TEK 1/17/2023 10:32:43 AM