§ 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.
(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:

(2)(a) the constitutionality of the executive order; and
(2)(b) whether the state should seek to have the executive order declared to be an unconstitutional exercise of legislative authority by the president.
(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:

(3)(a) a pandemic or other public health emergency;
(3)(b) the regulation of natural resources;
(3)(c) the regulation of the agricultural industry;
(3)(d) the regulation of land use;
(3)(e) the regulation of the financial sector through the imposition of environmental, social, or governance standards; or
(3)(f) the regulation of the constitutional right to keep and bear arms.

Legislative History

Enacted by Chapter 423, 2021 General Session