§80-101. Legislative review of federal actions – Initiation of
334 words·~2 min read·
/ok/title-80-united-states/80-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
court actions.
A. The Legislature may review any executive order issued by the President of the United States, federal agency rule or federal congressional action to determine the constitutionality 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 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 declared unconstitutional by a court of competent jurisdiction under subsection A or B of this section including, but not limited to:
1. Pandemics or other health emergencies;
2. The regulation of natural resources, 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 constitutional right to keep and bear arms;
7. The regulation of education;
8. 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. Any other powers reserved by the State of Oklahoma or the people of Oklahoma. Added by Laws 2021, c. 530, § 3, eff. July 1, 2021.