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.
House Bill No. 5860 aims to prohibit the use of state resources to implement provisions of unratified treaties. The bill, titled the "Unratified Treaties Implementation Prohibition Act," defines an unratified treaty as any international agreement not approved by a two-thirds vote of the United States Senate and ratified by the President, as stipulated in Article II, Section 2 of the U.S. Constitution. The legislation explicitly forbids any individual or entity, including partnerships, corporations, limited liability companies, associations, governmental entities, or other legal entities, from utilizing state funds, personnel, facilities, or other resources to enforce the terms of such treaties.
In terms of enforcement, the bill establishes that violations of this prohibition can lead to legal action in state courts, where plaintiffs may seek injunctive and declaratory relief, compensatory damages up to $10,000 per violation, and attorney fees. Additionally, any state department, agency, or political subdivision that issues rules, regulations, or guidance recommending or requiring compliance with an unratified treaty must prove that these directives were developed independently of any influence from the treaty's proponents or international entities, and that the unratified treaty did not influence their decision-making process.
Co-sponsored by Reps.
Referred to the Committee on Government Operations
