PRINTER'S NO. 1969
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1738
Session of
2021
INTRODUCED BY JOZWIAK, MILLARD, METZGAR, COOK, JAMES, ROWE,
RYAN, ZIMMERMAN, MOUL, HAMM, SMITH, METCALFE, KNOWLES, RADER
AND GILLEN, JULY 30, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 30, 2021
AN ACT
Providing for the review and implementation of executive orders
issued by the President of the United States.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Executive
Order Review Act.
Section 2. Review and implementation of executive orders.
(a) General rule.--The General Assembly may review any
executive order issued by the President of the United States, if
the executive 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. Upon review, the
General Assembly may, by a majority vote of either chamber,
recommend to the Governor and the Attorney General that the
executive order be further examined by the Attorney General to
determine the constitutionality of the order and to determine
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whether the Commonwealth should seek an exemption from the
application of the executive order or seek to have the executive
order declared to be an unconstitutional exercise of legislative
authority by the President of the United States.
(b) Prohibition.--Notwithstanding any other provision of
law, no Commonwealth agency, political subdivision, or any
elected or appointed official or employee of the Commonwealth or
of a political subdivision may implement an executive order that
restricts a person's rights or that is determined by the
Attorney General to be unconstitutional under this section if
the executive order relates to:
(1) a pandemic or other public health emergency;
(2) the regulation of natural resources;
(3) the regulation of the agricultural industry;
(4) the regulation of land use;
(5) the regulation of the financial sector through the
imposition of environmental, social or governance standards;
or
(6) the regulation of the constitutional right to keep
and bear arms.
Section 3. Effective date.
This act shall take effect in 60 days.
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