Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 415 (2021GS)

Sponsor

Rep. Lyman, P.

Final action

Governor Signed 3/23/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Constitutional Defense Council to review certain executive orders by the president of the United States;
• authorizes the attorney general or governor to seek to have the executive order declared an unconstitutional exercise of legislative authority by the president; and
• restricts the enforceability of certain executive orders.

Every vote on this bill

Bill text

EXECUTIVE ORDER REVIEW PROCESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Phil Lyman
Senate Sponsor: 
David P. Hinkins
Cosponsors:
Cheryl K. Acton
Carl R. Albrecht
Melissa G. Ballard
Kera Birkeland
Brady Brammer
Walt Brooks
Jefferson S. Burton
Steve R. Christiansen
Joel Ferry
Francis D. Gibson
Stephen G. Handy
Michael L. Kohler
Steven J. Lund
Merrill F. Nelson
Michael J. Petersen
Adam Robertson
Rex P. Shipp
Keven J. Stratton
Jordan D. Teuscher
Raymond P. Ward
Christine F. Watkins
Douglas R. Welton
Ryan D. Wilcox
LONG TITLE
General Description:
This bill addresses the review of certain presidential executive orders.
Highlighted Provisions:
This bill:
▸ requires the Constitutional Defense Council to review certain executive orders by
the president of the United States;
▸ authorizes the attorney general or governor to seek to have the executive order
declared an unconstitutional exercise of legislative authority by the president; and
▸ restricts the enforceability of certain executive orders.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63C-4a-204
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63C-4a-204
 is enacted to read:
 63C-4a-204.
Review of presidential executive orders.
(1) The council shall review certain executive orders by the president of the United
States that are not affirmed by a vote of the United States Congress and signed into law as
prescribed by the Constitution of the United States.
(2) Upon review, the council may recommend to the attorney general and the governor
that an executive order be further examined by the attorney general to determine:
(a) the constitutionality of the executive order; and
(b) whether the state should seek to have the executive order declared to be an
unconstitutional exercise of legislative authority by the president.
(3) Notwithstanding any other provision of law, no state agency, political subdivision,
elected or appointed state official or employee, or official or employee of a political
subdivision may implement a presidential executive order that is determined by the attorney
general to be unconstitutional under this section 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.