Present law prohibits this state and its political subdivisions from adopting or implementing policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to, the United Nations or a subsidiary entity of the United Nations that contravenes the constitution of the United States or the constitution of this state. This bill makes the following revisions to this provision:  Additionally prohibits an individual's constitutional rights from being deliberately or inadvertently infringed upon by such recommendations.  Broadens the application from those originating in, or traceable to, the United Nations or a subsidiary entity of the United Nations to, instead, any international policymaking organization.  Defines an "international policymaking organization" to (i) mean a nongovernmental or an intergovernmental entity that issues model policies or guidelines or proposed laws or rules that pertain to a particular subject matter or range of subject matter areas of public policy, and which may be adopted in whole or in part by an instrument of government as the policy of that government; and (ii) include the World Health Organization, the United Nations, and the World Economic Forum. Present law authorizes an individual who believes that a political subdivision has violated the provisions of protection of private property rights in implementation of United Nations policies, to bring a private cause of action in a court of competent jurisdiction. This bill provides that an individual who believes that the state has violated such provisions may also bring a private cause of action in a court of competent jurisdiction. WRIT OF MANDAMUS This bill provides that if the court finds the state, a political subdivision, or an official is in violation of this bill, then the court must issue a writ of mandamus against the entity or official ordering the entity or official to comply with this bill, enjoin the entity or official from further interference, and take other action to ensure compliance as is within the jurisdiction of the court. This bill provides that the state, a political subdivision, or an official has not more than 120 days from the date of the court's order to comply with the order. If, after 120 days, the entity or official has not complied with the court's order, then the court may take whatever action the court finds necessary to enforce compliance. This bill further provides that upon finding that a policy, contract, or agreement violates this bill, the court must declare that such policy, contract, or agreement meets the standard as described under this bill, and is therefore null, void, and unenforceable. This bill provides that an official or public servant violating this bill commits the offense of official oppression. Failure to comply with a court order per present law within the timeframe specified constitutes a separate violation of official oppression. It is not a defense to criminal liability under this bill that no actual damage has yet to occur. DUTIES OF THE ATTORNEY GENERAL This bill authorizes the attorney general to issue an official statement clarifying that a particular contract policy or agreement violates this bill.

Statutes affected:
Introduced: 4-1-422