SF 2032 (LSB 5708XS (2) 90)

SENATE FILE 2032

BY  SALMON

A BILL FOR

An Act relating to executive orders of the president of the United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  1.19  Presidential orders —— review.
   1.  The legislative council may review an 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 the governor that the executive order be further reviewed.
   2.  Upon recommendation from the legislative council, the attorney general shall review an 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 to be an unconstitutional exercise of legislative authority by the president.
   3.  Notwithstanding any other provision of law to the contrary, the state, a political subdivision of the state, or any other publicly funded organization shall not implement an executive order of the president of the United States that restricts a person’s rights or that the attorney general determines to be unconstitutional pursuant to subsection 2 and which relates to any of the following:
   a.  A pandemic or other health emergency.
   b.  The regulation of natural resources, including coal and oil.
   c.  The regulation of the agriculture industry.
   d.  The use of land.
   e.  The regulation of the financial sector as it relates to environmental, social, or governance standards.
   f.  The regulation of the constitutional right to bear arms.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to executive orders issued by the president of the United States. The bill allows the legislative council to review an executive order issued by the president and not passed into law by the Congress of the United States. The legislative council may refer such orders to the attorney general and governor for further review. The bill requires the attorney general to determine whether an order is constitutional and to decide whether to seek an exemption from the order or a ruling on its constitutionality. The bill prohibits the state, a political subdivision of the state, or any publicly funded organization from enforcing a presidential executive order that restricts a person’s rights or which the attorney general has determined to be unconstitutional and which is related to certain enumerated subjects.