1 HB319
2 209678-1
3 By Representatives Stringer, Moore (P), Oliver, Wadsworth,
4 Sorrells, Shaver, Wood (D), Isbell, Hanes, Robertson, Estes,
5 Sorrell, Whitt, Brown (C), Bedsole, Reynolds, Stadthagen,
6 Kiel, Farley and Fincher
7 RFD: Judiciary
8 First Read: 03-FEB-21
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1 209678-1:n:02/03/2021:CMH/bm LSA2021-320
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8 SYNOPSIS: This bill would authorize the Legislative
9 Council to review executive orders issued by the
10 President of the United States and submit them to
11 the Attorney General for review.
12 This bill would also provide that when
13 certain executive orders are determined by the
14 Attorney General to be an unconstitutional
15 restriction of rights, the state or a political
16 subdivision of the state, or an agency thereof, may
17 not implement the executive order.
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19 A BILL
20 TO BE ENTITLED
21 AN ACT
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23 Relating to state government; to authorize the
24 review of certain presidential executive orders and to
25 prohibit the implementation of certain presidential executive
26 orders.
27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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1 Section 1. (a) The Legislative Council may review
2 any executive order issued by the President of the United
3 States and recommend to the Attorney General and the Governor
4 that the executive order be further reviewed. Upon
5 recommendation from the Legislative Council, the Attorney
6 General shall review the executive order to determine the
7 constitutionality of the order and whether the state should
8 seek an exemption from the application of the order or seek to
9 have the order declared to be an unconstitutional exercise of
10 legislative authority by the President.
11 (b) Notwithstanding any provision of law to the
12 contrary, the state or a political subdivision of the state,
13 or an agency thereof, may not implement an executive order
14 that the Attorney General determines to be an unconstitutional
15 restriction of a person's rights under subsection (a) and
16 which relates to any of the following:
17 (1) Epidemics, pandemics, or other health
18 emergencies.
19 (2) The regulation of natural resources, including
20 coal and oil.
21 (3) The regulation of the agriculture industry.
22 (4) The use of land.
23 (5) The regulation of the financial sector as it
24 relates to environmental, social, or governance standards.
25 (6) The regulation of the constitutional right to
26 keep and bear arms.
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1 Section 2. Although this bill would have as its
2 purpose or effect the requirement of a new or increased
3 expenditure of local funds, the bill is excluded from further
4 requirements and application under Amendment 621, as amended
5 by Amendment 890, now appearing as Section 111.05 of the
6 Official Recompilation of the Constitution of Alabama of 1901,
7 as amended, because the bill defines a new crime or amends the
8 definition of an existing crime.
9 Section 3. This act shall become effective on the
10 first day of the third month following its passage and
11 approval by the Governor, or its otherwise becoming law.
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