Fifty-fifth Legislature

First Regular Session

House: MAPS DPA/SE 8-6-0-0 | 3rd Read 31-29-0-0

Senate: GOV DP 4-3-1-0 | 3rd Read 16-14-0-0

Final Read: 31-28-1-0

HB 2310: municipalities; counties; law enforcement budgets

NOW: executive orders; review; attorney general

Sponsor: Representative Roberts, LD 11

Transmitted to the Governor


Requires the Executive Director of Legislative Council (Executive Director) to review presidential executive orders (orders) as requested and allows a Legislative Member to recommend an order to the Attorney General (AG) to determine the order's legality.


Article II of the United States Constitution outlines the process of the election and the powers and duties of the President of the United States. The powers and duties of the President of the United States include, but is not limited to:

1)   Being the Commander in Chief of the United States Army and Navy and the Militia of several states when called into actual service;

2)   Making treaties, provided two-thirds of the Senators present concur;

3)   Giving Congress information of the State of the Union; and

4)   Taking care that the laws be faithfully executed (U.S. Const. art. II, §§ 2, 3).


1.   Requires the Executive Director, if requested by at least one Legislative Member, to review any order that has not been affirmed by a vote of Congress and signed into law. (Sec. 1)

2.   Allows a Legislative Member, upon the Executive Director's review, to recommend an order to the AG to determine the order's legality. (Sec. 1)

3.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NotePermits the AG to file a declaratory judgment action in federal district court if the AG determines the order is illegal. (Sec. 1)

4.   Specifies the bill only applies to orders issued after the general effective date. (Sec. 2)  



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8.                     HB 2310

9.   Initials ES/SM       Page 0 Transmitted


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