Oklahoma § 80-101 - Legislative review of federal actions – Initiation of

§ 80-101. 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.

Oklahoma Statutes - Title 80. United States

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:

1. Pandemics or other health emergencies;

2. The regulation of natural resources, including oil and

natural gas;

3. The regulation of the agriculture industry;

4. The use of land;

5. The regulation of the financial sector as it relates to

environmental, social or governance standards;

6. The regulation of the constitutional right to keep and bear

arms;

7. The regulation of education;

8. The regulation of interscholastic, intramural or other

extracurricular sports sponsored by an institution of higher

education, a school district or a charter school; or

9. Any other powers reserved by the State of Oklahoma or the

people of Oklahoma.

Added by Laws 2021, c. 530, § 3, eff. July 1, 2021.

Oklahoma Statutes - Title 80. United States