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HB0260 • 2021

Illegal presidential EOs-review.

AN ACT relating to presidential executive orders; authorizing the legislature to nullify presidential executive orders; prohibiting enforcement of presidential executive orders as specified; authorizing interim nullification by nine members of the legislature as specified; making legislative findings; and providing for an effective date.

Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Haroldson
Last action
2021-03-08
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The bill did not pass and was not considered for introduction.

Review and Nullify Presidential Executive Orders

This act allows the Wyoming legislature to review and declare certain presidential executive orders unconstitutional if they are not affirmed by Congress.

What This Bill Does

  • Creates a law that lets the Wyoming legislature decide if some presidential executive orders are unconstitutional.
  • Prohibits state agencies, local governments, and officials from enforcing executive orders that limit people's rights in specific areas like public health emergencies or land use.
  • Gives nine members of the Wyoming legislature the power to temporarily declare an executive order unconstitutional until the next regular session.

Who It Names or Affects

  • The Wyoming state government and local governments
  • State officials and employees

Terms To Know

Executive Order
A directive issued by the President of the United States that manages operations of the federal government.
Nullify
To make something legally invalid or ineffective.

Limits and Unknowns

  • The bill did not pass and was not considered for introduction.
  • It only applies to executive orders that are not affirmed by Congress.
  • Specific examples of unconstitutional executive orders, like the one related to oil and natural gas leases, may change over time.

Bill History

  1. 2021-03-08 House

    H Did Not Consider for Introduction

  2. 2021-03-08 House

    H Did not Consider for Introduction

  3. 2021-03-04 House

    H Received for Introduction

  4. 2021-03-03 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0651
2021
STATE OF WYOMING
21LSO-0651
Numbered
2.0

HOUSE BILL NO. HB0260

Illegal presidential EOs-review.

Sponsored by: Representative(s) Haroldson, Baker, Bear, Blackburn, Fortner, Gray, Laursen and Neiman and Senator(s) Steinmetz

A BILL

for

AN ACT relating to presidential executive orders; authorizing the legislature to nullify presidential executive orders; prohibiting enforcement of presidential executive orders as specified; authorizing interim nullification by nine members of the legislature as specified; making legislative findings; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 9
‑
14
‑
103 is created to read:

9
‑
14
‑
103.

Nullification of presidential executive orders.

(a)

The legislature of the state of Wyoming may review and declare unconstitutional any executive order issued by the president of the United States if the order 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.

(b)

Upon a majority of both houses of the legislature declaring an order issued by the president of the United States, not affirmed by a vote of the congress, to be unconstitutional:

(i)

No state agency, political subdivision or any elected or appointed official or employee of this state or a political subdivision shall implement or aid in the implementation of an executive order that restricts a person's rights if the order relates to:

(A)

A pandemic or other public health emergency;

(B)

The regulation of natural resources;

(C)

The regulation of the agricultural industry;

(D)

The regulation of land use;

(E)

The regulation of the financial sector through the imposition of environmental, social or governance standards; or

(F)

The regulation of the constitutional right to keep and bear arms or the procurement and ownership of ammunition.

(ii)

The sheriff of each county, at his discretion, may take any action deemed necessary to prevent the implementation of the unconstitutional executive order on land owned by the state or its citizens.

(c)

Any nine (9) duly elected members of the Wyoming legislature, including not less than three (3) members of the senate of the Wyoming legislature and three (3) members of the house of representatives of the Wyoming legislature, having notified the governor, attorney general and the management council of the Wyoming legislature in writing of the unconstitutionality of an executive order of the president of the United States shall cause that cited presidential executive order to be considered unconstitutional and treated accordingly under subsection (b) of this section until the next regularly scheduled session of the legislature. At the next regularly scheduled session of the legislature, the legislature shall affirm or reject the unconstitutionality of the cited executive order of the president of the United States. If the legislature fails to consider the constitutionality of cited presidential executive order at its next regularly scheduled session, the order shall be deemed constitutional and no longer subject to this section.

Section 2.

The legislature finds that presidential executive order 14008, signed January 27, 2021, which imposes an indefinite moratorium on new oil and natural gas leases on public lands and in offshore waters, is hereby declared unconstitutional.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0260