Review of Federal Acts/Rules/Regulations.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 454

Short Title: Review of Federal Acts/Rules/Regulations. (Public)
Sponsors: Representatives Kidwell, Moss, and Pike (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 20, 2025
*H454-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FOR LEGISLATIVE REVIEW OR REVIEW BY THE ATTORNEY 2
GENERAL OF FEDERAL A CTS TO DETERMINE THE CONSTITUTIONALITY O F 3
THOSE ACTS AND TO PR OHIBIT THE IMPLEMENT ATION OF 4
UNCONSTITUTIONAL FEDERAL LAWS, RULES, AND EXECUTIVE ORDERS. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Article 2 of Chapter 120 of the General Statutes is amended by adding 7
a new section to read: 8
"§ 120-9.1. Review of federal actions. 9
(a) As used in this section, the term "federal action" means any federal law, federal rule, 10
or executive order issued by the President of the United States. 11
(b) The General Assembly may review any federal action to determine the 12
constitutionality of such action. The General Assembly may also direct the Attorney General to 13
conduct a review of any federal action to determine the constitutionality of the federal action and 14
whether the State should seek an exemption from the application of the federal action or seek to 15
have the federal action declared unconstitutional. 16
(c) If the General Assembly determines a federal action is unconstitutional, it may direct 17
the Attorney General to pursue a legal challenge to declare the federal action unconstitutional. If 18
the Attorney General declines to seek to have a federal action declared uncon stitutional as 19
directed by the General Assembly under this section , the General Assembly may declare the 20
federal action to be unconstitutional. 21
(d) Notwithstanding any other provision of law, the State, any political subdivision of the 22
State, and any organization that receives State funds shall not implement any federal action that 23
restricts a person 's rights. Notwithstanding any other provision of law, the State, any political 24
subdivision of the State, and any organization that receives State funds shall not implement any 25
federal action that either the General Assembl y or the Attorney General ha s determined to be 26
unconstitutional and which relates to any of the following: 27
(1) A pandemic or other health emergency. 28
(2) The regulation of natural resources, including oil and natural gas. 29
(3) The regulation of the agricultural industry. 30
(4) The use of land and wetlands and water. 31
(5) The regulation of the financial sector as it relates to environmental, social, or 32
governance standards. 33
(6) The regulation of the constitutional right to keep and bear arms. 34
(7) The regulation of education. 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 454-First Edition
(8) The regulation of interscholastic, intramural, or other extracurricular spo rts 1
sponsored by an institution of higher education, a local school administrative 2
unit, or a charter school. 3
(9) Any other powers reserved to the State of North Carolina and the people of 4
North Carolina." 5
SECTION 2. This act is effective when it becomes law. 6