Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 7 - REVIEW OF PRESIDENTIAL EXECUTIVE ORDERS (§§ 25-1-701 — 25-1-702) › Section 25-1-702 - Review of presidential executive orders

(a)
(1)
The General Assembly may take whatever actions it deems necessary concerning presidential executive orders that may affect the State of Arkansas, its officials, or its financial resources.
(2)
(A)
During the interim between legislative sessions, the Legislative Council may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution.
(B)
During legislative sessions, the Joint Budget Committee may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution.
(3)
(A)
The Legislative Council or Joint Budget Committee shall refer an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution that is under review by the General Assembly to the appropriate standing committees of the General Assembly that would address the subject matter of the executive order under review.
(B)
The standing committees of the General Assembly meeting jointly may request the Attorney General to review the presidential executive order under review by the standing committees and prepare an opinion to be delivered to the designated standing committees stating:
(i)
A brief description of the issues involved;
(ii)
The Attorney General's opinion of whether the presidential executive order is:
(a)
Constitutional under the United States Constitution; or
(b)
In conflict with the Arkansas Constitution;
(iii)
The Attorney General's opinion of whether the state should seek an exemption from the application of the presidential executive order;
(iv)
The Attorney General's opinion of whether the state should seek to have the order declared to be an unconstitutional exercise of legislative authority by the President of the United States; and
(v)
Other information that will enable the designated standing committee to determine the action that may be deemed necessary to protect the interests of the General Assembly and the State of Arkansas.
(4)
The standing committees shall make a recommendation to the Legislative Council during the interim between legislative sessions, or the Joint Budget Committee during legislative sessions, including:
(A)
Whether state resources and personnel are required to implement the presidential executive order; and
(B)
Identifying other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order.
(5)
(A)
During the interim between legislative sessions, the Legislative Council shall, and during legislative sessions, the Joint Budget Committee shall:
(i)
Call a meeting to discuss the report of the standing committees' review of a presidential executive order; and
(ii)
Determine:
(a)
Whether state resources and personnel are required to implement the presidential executive order; and
(b)
Whether to take other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order.
(B)
All determinations of action shall be made by motion and must receive a majority vote.
(b)
Notwithstanding any other provision of law, the state, a political subdivision, or any entity that receives an appropriation of funds from the General Assembly shall not implement a presidential executive order using state resources and personnel if:
(1)
The Legislative Council or the Joint Budget Committee issues a political determination that the presidential executive order is unconstitutional and the presidential executive order restricts a person's rights and relates to:
(A)
Pandemics or other health emergencies;
(B)
The regulation of natural resources, including coal and oil;
(C)
The regulation of the agriculture industry;
(D)
The use of land;
(E)
The regulation of the financial sector as it relates to environmental, social, or governance standards; or
(F)
The regulation of the constitutional right to bear arms;
(2)
The Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or special session, affirmatively votes to report the determination to the Governor; and
(3)
The Governor directs the state, the political subdivision, or the entity that receives an appropriation of funds from the General Assembly to not implement the presidential executive order.
Added by Act 2021, No. 608,§ 2, eff. 7/28/2021.