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.