§ 101. Legislative review of federal actions--Initiation of court actions
Oklahoma Statutes AnnotatedTitle 80. United StatesEffective: July 1, 2021
Effective: July 1, 2021
80 Okl.St.Ann. § 101
§ 101. Legislative review of federal actions--Initiation of 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:
Credits
Laws 2021, c. 530, § 3, eff. July 1, 2021.
80 Okl. St. Ann. § 101, OK ST T. 80 § 101
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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