| 1 | 1 | | SENATE BILL NO. 527 A bill to prohibit the use of state funds, personnel, facilities, or other state resources to implement the provisions of an unratified treaty; and to provide remedies. the people of the state of michigan enact: Sec. 1. This act may be cited as the "unratified treaties implementation prohibition act". Sec. 2. As used in this act: (a) "Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity. (b) "Unratified treaty" means a treaty or other international agreement that has not been approved by a 2/3 vote of the United States Senate and ratified by the President of the United States, under section 2 of article II of the Constitution of the United States. Sec. 3. A person shall not use state funds, personnel, facilities, or other state resources to implement the provisions of an unratified treaty. Sec. 4. (1) A violation of section 3 raises a cause of action in state court for injunctive and declaratory relief, plus compensatory damages of up to $10,000.00 per violation, and attorney fees. (2) A state department or agency or a political subdivision of this state that publishes a rule, regulation, or guidance recommending or requiring compliance with a provision of an unratified treaty bears the burden of proof to show that the rule, regulation, or guidance was developed independent of influence by a person proposing the unratified treaty and independent of influence from any international entity and that the unratified treaty was not a factor in determining whether to publish the rule, regulation, or guidance. |
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| 23 | 23 | | SENATE BILL NO. 527 |
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| 27 | 27 | | A bill to prohibit the use of state funds, personnel, facilities, or other state resources to implement the provisions of an unratified treaty; and to provide remedies. |
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| 29 | 29 | | the people of the state of michigan enact: |
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| 31 | 31 | | Sec. 1. This act may be cited as the "unratified treaties implementation prohibition act". |
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| 33 | 33 | | Sec. 2. As used in this act: |
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| 35 | 35 | | (a) "Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity. |
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| 37 | 37 | | (b) "Unratified treaty" means a treaty or other international agreement that has not been approved by a 2/3 vote of the United States Senate and ratified by the President of the United States, under section 2 of article II of the Constitution of the United States. |
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| 39 | 39 | | Sec. 3. A person shall not use state funds, personnel, facilities, or other state resources to implement the provisions of an unratified treaty. |
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| 41 | 41 | | Sec. 4. (1) A violation of section 3 raises a cause of action in state court for injunctive and declaratory relief, plus compensatory damages of up to $10,000.00 per violation, and attorney fees. |
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| 43 | 43 | | (2) A state department or agency or a political subdivision of this state that publishes a rule, regulation, or guidance recommending or requiring compliance with a provision of an unratified treaty bears the burden of proof to show that the rule, regulation, or guidance was developed independent of influence by a person proposing the unratified treaty and independent of influence from any international entity and that the unratified treaty was not a factor in determining whether to publish the rule, regulation, or guidance. |
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