PRIOR PRINTER'S NO. 1969 PRINTER'S NO. 2369
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1738
Session of
2021
INTRODUCED BY JOZWIAK, MILLARD, METZGAR, COOK, JAMES, ROWE,
RYAN, ZIMMERMAN, MOUL, HAMM, SMITH, METCALFE, KNOWLES, RADER
AND GILLEN, JULY 30, 2021
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 8, 2021
AN ACT
1 Providing for the review and implementation of executive orders
2 issued by the President of the United States.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Executive
7 Order Review Act.
8 Section 2. Review and implementation of executive orders.
9 (a) General rule.--The General Assembly may review any <--
10 executive order issued by the President of the United States., <--
11 if the executive order has not been affirmed by a vote of the
12 Congress of the United States and signed into law, as prescribed
13 by the Constitution of the United States. Upon review, the
14 General Assembly may, by a majority vote of either chamber,
15 recommend to the Governor and the Attorney General JOINT STATE <--
16 GOVERNMENT COMMISSION that the executive order be further
17 examined by the Attorney General to determine the <--
 1 constitutionality of the order JOINT STATE GOVERNMENT COMMISSION <--
2 TO DETERMINE THE IMPACT OF THE ORDER ON THE COMMONWEALTH and to
3 determine whether the Commonwealth should seek an exemption from
4 the application of the executive order. or seek to have the <--
5 executive order declared to be an unconstitutional exercise of
6 legislative authority by the President of the United States.
7 (b) Prohibition.--Notwithstanding any other provision of
8 law, no Commonwealth agency, political subdivision, or any
9 elected or appointed official or employee of the Commonwealth or
10 of a political subdivision may implement an executive order that
11 restricts a person's rights or that is determined by the
12 Attorney General to be unconstitutional under this section if
13 the executive order relates to:
14 (1) a pandemic or other public health emergency;
15 (2) the regulation of natural resources;
16 (3) the regulation of the agricultural industry;
17 (4) the regulation of land use;
18 (5) the regulation of the financial sector through the
19 imposition of environmental, social or governance standards;
20 or
21 (6) the regulation of the constitutional right to keep
22 and bear arms.
23 Section 3. Effective date.
24 This act shall take effect in 60 days.
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