House
File
2291
-
Introduced
HOUSE
FILE
2291
BY
SHERMAN
,
STOLTENBERG
,
ANDREWS
,
HAYES
,
HENDERSON
,
GRABER
,
and
GOLDING
(COMPANION
TO
SF
2032
BY
SALMON)
A
BILL
FOR
An
Act
relating
to
executive
orders
of
the
president
of
the
1
United
States.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5708YH
(2)
90
ss/ns
H.F.
2291
Section
1.
NEW
SECTION
.
1.19
Presidential
orders
——
review.
1
1.
The
legislative
council
may
review
an
executive
order
2
issued
by
the
president
of
the
United
States
which
has
not
been
3
affirmed
by
a
vote
of
the
Congress
of
the
United
States
and
4
signed
into
law
as
prescribed
by
the
constitution
of
the
United
5
States
and
recommend
to
the
attorney
general
and
the
governor
6
that
the
executive
order
be
further
reviewed.
7
2.
Upon
recommendation
from
the
legislative
council,
the
8
attorney
general
shall
review
an
executive
order
to
determine
9
the
constitutionality
of
the
order
and
whether
the
state
should
10
seek
an
exemption
from
the
application
of
the
order
or
seek
to
11
have
the
order
declared
to
be
an
unconstitutional
exercise
of
12
legislative
authority
by
the
president.
13
3.
Notwithstanding
any
other
provision
of
law
to
the
14
contrary,
the
state,
a
political
subdivision
of
the
state,
or
15
any
other
publicly
funded
organization
shall
not
implement
an
16
executive
order
of
the
president
of
the
United
States
that
17
restricts
a
person’s
rights
or
that
the
attorney
general
18
determines
to
be
unconstitutional
pursuant
to
subsection
2
and
19
which
relates
to
any
of
the
following:
20
a.
A
pandemic
or
other
health
emergency.
21
b.
The
regulation
of
natural
resources,
including
coal
and
22
oil.
23
c.
The
regulation
of
the
agriculture
industry.
24
d.
The
use
of
land.
25
e.
The
regulation
of
the
financial
sector
as
it
relates
to
26
environmental,
social,
or
governance
standards.
27
f.
The
regulation
of
the
constitutional
right
to
bear
arms.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
executive
orders
issued
by
the
32
president
of
the
United
States.
The
bill
allows
the
33
legislative
council
to
review
an
executive
order
issued
by
the
34
president
and
not
passed
into
law
by
the
Congress
of
the
United
35
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2
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2291
States.
The
legislative
council
may
refer
such
orders
to
the
1
attorney
general
and
governor
for
further
review.
The
bill
2
requires
the
attorney
general
to
determine
whether
an
order
3
is
constitutional
and
to
decide
whether
to
seek
an
exemption
4
from
the
order
or
a
ruling
on
its
constitutionality.
The
bill
5
prohibits
the
state,
a
political
subdivision
of
the
state,
or
6
any
publicly
funded
organization
from
enforcing
a
presidential
7
executive
order
that
restricts
a
person’s
rights
or
which
the
8
attorney
general
has
determined
to
be
unconstitutional
and
9
which
is
related
to
certain
enumerated
subjects.
10
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5708YH
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ss/ns
2/
2