Bill Summary for H 872 (2021)

Summary date: 

May 5 2021

Bill Information:

View NCGA Bill Details2021
House Bill 872 (Public) Filed Tuesday, May 4, 2021
AN ACT TO PROVIDE FOR LEGISLATIVE REVIEW OR REVIEW BY THE ATTORNEY GENERAL OF FEDERAL ACTS TO DETERMINE THE CONSTITUTIONALITY OF THOSE ACTS AND TO PROHIBIT THE IMPLEMENTATION OF UNCONSTITUTIONAL FEDERAL LAWS, RULES, AND EXECUTIVE ORDERS.
Intro. by Kidwell.

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Bill summary

Amends Article 2 of GS Chapter 120 (Duties and privileges of members of the General Assembly) by adding GS 120-9.1 to do the following:
(1) Define “federal action” as any federal law, rule, or executive order;
(2) Authorize the General Assembly to review any federal action to determine the constitutionality of the action or direct the Attorney General to review any federal action to determine the constitutionality of the action and whether to seek an exemption from the federal action or have the action declared unconstitutional;
(3) Provide that the General Assembly may direct the Attorney General to seek to have a federal action declared unconstitutional if the General Assembly determines the action to be unconstitutional;
(4) Provide that the General Assembly may declare a federal action unconstitutional if the Attorney General declines to seek to have the action declared unconstitutional;
(5) Prohibit the State, its political subdivisions, and any entity receiving State funds from implementing any federal action that restricts a persons rights or that the General Assembly or Attorney General have determined to be unconstitutional and which is related to: (i) pandemics/health emergencies, (ii) regulation of natural resources, (iii) regulation of agriculture, (iv) use of land/wetlands/water, (v) certain regulation of the financial sector, (vi) regulation of the right to bear arms, (vii) regulation of education, (viii) regulation of extracurricular sports, and (ix) any other powers reserved to the State.

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