63C-4a-204. Review of presidential executive orders.
| (1) |
The council shall review certain executive orders by the president of the United States that are not affirmed by a vote of the United States Congress and signed into law as prescribed by the Constitution of the United States. |
Terms Used In Utah Code 63C-4a-204
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Council: means the Constitutional Defense Council, created in Section 63C-4a-202. See Utah Code 63C-4a-102
- Land: includes :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
Upon review, the council may recommend to the attorney general and the governor that an executive order be further examined by the attorney general to determine:
| (a) |
the constitutionality of the executive order; and |
| (b) |
whether the state should seek to have the executive order declared to be an unconstitutional exercise of legislative authority by the president. |
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| (3) |
Notwithstanding any other provision of law, no state agency, political subdivision, elected or appointed state official or employee, or official or employee of a political subdivision may implement a presidential executive order that is determined by the attorney general to be unconstitutional under this section if the order relates to:
| (a) |
a pandemic or other public health emergency; |
| (b) |
the regulation of natural resources; |
| (c) |
the regulation of the agricultural industry; |
| (d) |
the regulation of land use; |
| (e) |
the regulation of the financial sector through the imposition of environmental, social, or governance standards; or |
| (f) |
the regulation of the constitutional right to keep and bear arms. |
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Enacted by Chapter 423, 2021 General Session
