Bill
Bill > HB1236
OK HB1236
OK HB1236Attorney General; duties of Attorney General; State Reserved Powers Protection Unit; providing for review of Presidential executive orders and federal actions; effective date; emergency.
summary
Introduced
02/01/2021
02/01/2021
In Committee
04/07/2021
04/07/2021
Crossed Over
03/01/2021
03/01/2021
Passed
05/20/2021
05/20/2021
Dead
Signed/Enacted/Adopted
05/25/2021
05/25/2021
Introduced Session
2021 Regular Session
Bill Summary
An Act relating to the United States; providing for review of Presidential executive orders and federal actions; prohibiting implementation of unconstitutional actions; providing for codification; and declaring an emergency. AUTHOR: Add the following House Coauthors: McBride and Pfeiffer AUTHOR: Remove the following House Coauthors: Oâ??Donnell and Humphrey AUTHOR: Remove Daniels as principal Senate Author, replace with Treat as principal Senate Author and retain Daniels as Senate Coauthor and add Senate Coauthors: Quinn, Stephens, Standridge, Pemberton, Rogers, Newhouse, Haste, Weaver, David, Leewright, Thompson, Montgomery, Hall, Murdock, Allen, Howard and Jech AMENDMENT NO. 1. , strike the title, enacting clause and entire bill and insert â??An Act relating to the Attorney General; amending 74 O.S. 2011, Section 18b, as last amended by Section 1, Chapter 444, O.S.L. 2019 (74 O.S. Supp. 2020, Section 18b), which relates to duties of the Attorney General; requiring Attorney General to evaluate certain actions of the federal government; establishing the State Reserved Powers Protection Unit of the Office of the Attorney General; stating duties of Unit; requiring Attorney General to take certain actions under certain circumstances; establishing the State Reserved Powers Protection Unit Revolving Fund; providing purpose of Fund; amending 68 O.S. 2011, Section 2352, as last amended by Section 3, Chapter 15, O.S.L. 2020 (68 O.S. Supp. 2020, Section 2352), which relates to distribution of revenues; apportioning certain revenue to the State Reserved Powers Protection Unit Revolving Fund; providing for codification; providing an effective date; and declaring an emergency.
AI Summary
This bill amends Oklahoma law to require the Attorney General to monitor and evaluate any action by the federal government, including executive orders, federal agency rules, or acts of Congress, to determine if such actions violate the 10th Amendment of the U.S. Constitution. The bill establishes a State Reserved Powers Protection Unit within the Attorney General's office to carry out this review. If the Unit determines that a federal action infringes on state authority, the Attorney General must decide whether the state should seek an exemption or challenge the action as unconstitutional. The bill also allows the state legislature to initiate such a legal challenge if the Attorney General declines to do so. Additionally, the bill prohibits the state, counties, or other public entities from implementing any federal action declared unconstitutional by a court, including in areas like public health, natural resources, agriculture, firearms, and education.
Committee Categories
Government Affairs
Sponsors (67)
Charles McCall (R)*,
Greg Treat (R)*,
Mark Allen (R),
Micheal Bergstrom (R),
Jeff Boatman (R),
Brad Boles (R),
David Bullard (R),
Ty Burns (R),
Chad Caldwell (R),
Rusty Cornwell (R),
Bob Culver (R),
Julie Daniels (R),
Kim David (R),
Jon Echols (R),
Scott Fetgatter (R),
Tom Gann (R),
Jim Grego (R),
Chuck Hall (R),
David Hardin (R),
Tommy Hardin (R),
Toni Hasenbeck (R),
John Haste (R),
Kyle Hilbert (R),
Brian Hill (R),
Brent Howard (R),
Darcy Jech (R),
Ronny Johns (R),
Mark Lawson (R),
James Leewright (R),
Mark Lepak (R),
Dick Lowe (R),
T.J. Marti (R),
Ryan Martinez (R),
Stan May (R),
Mark McBride (R),
Marcus McEntire (R),
Garry Mize (R),
John Montgomery (R),
Casey Murdock (R),
Joe Newhouse (R),
Carl Newton (R),
Mike Osburn (R),
Kenton Patzkowsky (R),
Roland Pederson (R),
Dewayne Pemberton (R),
John Pfeiffer (R),
Logan Phillips (R),
Marty Quinn (R),
Dustin Roberts (R),
Sean Roberts (R),
Cody Rogers (R),
Todd Russ (R),
David Smith (R),
Chris Sneed (R),
Rob Standridge (R),
Jay Steagall (R),
Cowboy Stephens (R),
Judd Strom (R),
John Talley (R),
Roger Thompson (R),
Mark Vancuren (R),
Kevin Wallace (R),
Darrell Weaver (R),
Josh West (R),
Rick West (R),
Danny Williams (R),
Rande Worthen (R),
Last Action
Approved by Governor 05/25/2021 (on 05/25/2021)
Official Document
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