21.598.11 96th Legislative Session 870

2021 South Dakota Legislature

House Bill 1194

Introduced by: Representative Aylward

An Act to authorize the review of certain executive orders issued by the President of the United States.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

2-9-4.1. Review of presidential executive orders

The Executive Board of the Legislative Research Council may review any executive order issued by the President of the United States, if the order has not been affirmed by a vote of the Congress of the United States and signed into law, as prescribed by the Constitution of the United States.

Upon review, the Executive Board may recommend to the attorney general and the Governor that the order be further examined by the attorney general to determine the constitutionality of the order and to determine whether the state should seek an exemption from the application of the order or seek to have the order declared to be an unconstitutional exercise of legislative authority by the President.

Notwithstanding any other law, no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may implement an executive order that restricts a person's rights or that is determined by the attorney general to be unconstitutional under this section if the order relates to:

(1) A pandemic or other public health emergency;

(2) The regulation of natural resources;

(3) The regulation of the agricultural industry;

(4) The regulation of land use;

(5) The regulation of the financial sector through the imposition of environmental, social, or governance standards; or

(6) The regulation of the constitutional right to keep and bear arms.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.