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HF 2157

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 02:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16

A bill for an act
relating to state government; establishing a legislative commission on presidential
executive orders; authorizing the commission to review presidential executive
orders; directing action by the attorney general; restricting the implementation of
certain orders; proposing coding for new law in Minnesota Statutes, chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [3.3007] EXECUTIVE ORDERS OF PRESIDENT; REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative Commission on Presidential Executive Orders. new text end

new text begin The
Legislative Commission on Presidential Executive Orders is established. The commission
consists of the following members:
new text end

new text begin (1) the members of the Legislative Advisory Commission;
new text end

new text begin (2) the ranking minority members of the senate Committee on Finance and the senate
Division of Finance responsible for overseeing the items being considered by the commission;
and
new text end

new text begin (3) the ranking minority members of the house of representatives Committee on Ways
and Means and the house of representatives committee or division responsible for overseeing
the items being considered by the commission.
new text end

new text begin Subd. 2. new text end

new text begin Duties; obligation of attorney general. new text end

new text begin The commission 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 governor that
the executive order be further reviewed. Upon recommendation from the Legislative Advisory
Commission, 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 an unconstitutional exercise of
legislative authority by the president. Upon specific direction of the commission, the attorney
general must initiate a proceeding seeking to have an order declared unconstitutional.
new text end

new text begin Subd. 3. new text end

new text begin Restriction on implementation of certain presidential executive
orders.
new text end

new text begin Notwithstanding any provision of law to the contrary, a political subdivision or any
other publicly funded organization may not implement an executive order that restricts a
person's rights or that the attorney general determines to be unconstitutional under this
section and which relates to:
new text end

new text begin (1) pandemics or other health emergencies;
new text end

new text begin (2) the regulation of natural resources, including coal and oil;
new text end

new text begin (3) the regulation of the agriculture industry;
new text end

new text begin (4) the use of land;
new text end

new text begin (5) the regulation of the financial sector as it relates to environmental, social, or
governance standards; or
new text end

new text begin (6) the regulation of the constitutional right to keep and bear arms.
new text end