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Senate Committee Approves Measure to Let Legislature Review Federal Executive Orders

STATE AGENCIES & GOVT'L AFFAIRS-SENATE · March 11, 2021
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Summary

Senator Trent Garner’s bill would create a voluntary, multi-step process for the General Assembly to review federal executive orders via ALC or the Joint Budget Committee, request attorney general reviews, and refer matters to standing committees for possible state action; the committee passed the bill as amended.

Senator Trent Garner introduced a bill to create a formal legislative process for reviewing federal executive orders and their impact on Arkansas. Garner said the bill would allow the Legislative Council (ALC) or the Joint Budget Committee to request reviews, refer orders to appropriate standing committees, and seek attorney general opinions when necessary.

Garner framed the measure as a response to what he described as an increase in executive orders at the federal level, saying, "In less than 24 hours after taking office, Biden issued 15 executive orders ..." He told the committee the proposal would not automatically compel action but would provide steps—AG review, expert testimony, standing-committee discussion and, if warranted, recommendations to ALC or the Joint Budget Committee about potential state responses, including litigation or a request that the governor call a special session.

Senator Tucker asked about post-review options and whether the legislature could pursue measures now; Garner described the process as discretionary and noted that most orders would likely be informational only, but that the mechanism would formalize how the legislature evaluates executive orders. Garner acknowledged potential constitutional issues and said the proposal merely establishes a procedural pathway for review and potential follow-up actions.

The committee heard no members in the audience speak for or against the bill and approved it as amended on a committee vote.