§ 54-03-32 — Review of presidential executive orders - Restriction

1. The legislative management may review any executive order issued by the president
of the United States which 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 and recommend to the attorney general and the governor that the executive
order be further reviewed. Upon recommendation from the legislative management,
the attorney general shall review the executive order to determine the constitutionality
of the order and 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.
2. Notwithstanding any other provision of law, the state, a political subdivision, or any
other publicly funded organization may not implement an executive order if the
attorney general issues an opinion that the executive order unconstitutionally restricts
a person's rights or has been found unconstitutional by a court of competent
jurisdiction and the executive order relates to:
a. Pandemics or other health emergencies;
b. The regulation of natural resources, including coal and oil;
c. The regulation of the agriculture industry;
d. The use of land;
e. The regulation of the financial sector as it relates to environmental, social, or
governance standards; or
f. The regulation of the constitutional right to keep and bear arms.