Committee advances SB1683, rules attorney warns of possible federal conflict

The Rules Committee voted to recommend Senate Bill 1683 as constitutional and in proper form after the rules attorney summarized the bill and flagged potential federal preemption issues.

Holder told the committee SB1683 "prohibits a foreign adversary nation or its agent from essentially having any property rights in the state" and bars those nations or their agents from installing or operating certain equipment. She cautioned the committee that such state action raises the possibility of a federal-law conflict because the federal government has authority over foreign relations. Holder specifically cited the Foreign Investment Risk Review Modernization Act (FIRRMA) as a federal statute that addresses some of the issues targeted by SB1683 and could overlap with state measures.

Committee members discussed vote mechanics; after the roll was completed and a late vote counted the committee reported 5 ayes and 3 nays and recommended SB1683 as constitutional and in proper form. Holder said similar state statutes have been enacted and are being litigated in courts; the rules office advised that more may be learned as those cases proceed.