Michigan House Bill HB5860

Michigan 2023-2024 Regular Session

• Introduced: 6/26/24
• Refer: 6/26/24

Caption

State management: funds; use of state funds for implementation of federal treaties not ratified; prohibit. Creates new act.

Impact

If enacted, HB5860 would hold significant implications for how Michigan interacts with international treaties that lack ratification. State agencies would be expressly prohibited from taking any action that would facilitate the implementation of these treaties using state resources. This could encompass a variety of areas, including environmental policy, trade agreements, and other regulatory frameworks that may be influenced by unratified international policies. The legislation aims to protect Michigan's legislative autonomy and ensure state governance is not influenced by unratified treaties.

Summary

House Bill 5860, known as the Unratified Treaties Implementation Prohibition Act, proposes to prevent the utilization of state funds, personnel, facilities, or other resources to execute provisions of any treaty that has not been ratified by the United States Senate. This legislation aims to ensure that Michigan remains autonomous from unapproved international agreements, asserting that any treaty must undergo the constitutional process of ratification mandated by the U.S. Constitution. The intent is to fortify state rights and jurisdiction in matters concerning international agreements that have not received official approval at the federal level.

Contention

The bill also introduces legal recourse for violations of its provisions, allowing individuals or entities to seek court orders for injunctive or declaratory relief. This includes compensatory damages of up to $10,000 for each violation and coverage for attorney fees. The burden of proof lies with state departments or political subdivisions that issue rules influenced by unratified treaties, which they must demonstrate were developed independently of any external treaties or entities. This mechanic is put in place to prevent the inadvertent incorporation of unratified treaties into state rule-making and could provoke considerable legal challenges regarding the interpretation and enforcement of state laws against international agreements.