“The Executive Board of the Legislative Research Council may review any executive order issued by the President of the United States, if the 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,” the bill’s text states.
“Upon review, the Executive Board may recommend to the attorney general and the Governor that the order be further examined by the attorney general to determine the constitutionality of the order and to determine whether the state should seek an exemption from the application of the order or seek to have the order declared to be an unconstitutional exercise of legislative authority by the President.” it continues.
In explaining the last paragraph, the bill sets up a process for examining the president’s executive orders, which would be presented to the governor and attorney general so that the attorney general could “determine whether the state should seek an exemption” from the order or have it “declared an unconstitutional exercise of legislative authority by the President.”
The bill aims at orders that would “restrict a person’s rights,” particularly pointing to orders linked to a “pandemic or other public health emergency” and “the regulation of the constitutional right to keep and bear arms”, the “regulation of natural resource, the regulation of the agricultural industry, and the regulation of land use” of course, among other matters.
South Dakota has often stood out from national and state governments through the coronavirus pandemic, with Gov. Kristi Noem opting for a more loose public health approach that opposed strict lockdowns and masks mandates, in general, the state is no stranger to being separate in some matters.
"South Dakota is not New York City," Noem said about her approach. "Our sense of personal responsibility, our resiliency and our already sparse population density put us in a great position to manage the spread of this virus without needing to resort to some of the measures we've seen in some of these major cities, coastal cities and other countries."
Noem's office did not immediately respond to a request for comment on whether the governor was aware of or intended on signing the new legislation.