House Resolution 123 - Introduced HOUSE RESOLUTION NO. 123 BY GRASSLEY , UPMEYER , ALONS , ANDERSON , BACON , BALTIMORE , BAUDLER , BEARINGER , BRANDENBURG , BYRNES , COSTELLO , COWNIE , DEYOE , DOLECHECK , DRAKE , DUNKEL , FISHER , FORBES , FORRISTALL , GASSMAN , GUSTAFSON , HAGENOW , HANUSA , HEARTSILL , HEATON , HEIN , HESS , HIGHFILL , HUNTER , HUSEMAN , JORGENSEN , KAUFMANN , KEARNS , KELLEY , KLEIN , KOESTER , LANDON , LOFGREN , MAXWELL , H. MILLER , L. MILLER , MOORE , MUHLBAUER , S. OLSON , PAULSEN , PETTENGILL , RAYHONS , RIDING , ROGERS , RUFF , SALMON , SANDS , SCHULTZ , SHAW , SHEETS , J. SMITH , SODERBERG , STANERSON , STUTSMAN , R. TAYLOR , THOMAS , VANDER LINDEN , WATTS , WINDSCHITL , WOOD , and WORTHAN A Resolution requesting that all necessary and 1 immediate action be taken by the State of 2 California, the United States Congress, the United 3 States Attorney General, state legislatures, state 4 governors, and state attorneys general to effectuate 5 the repeal of California legislation enacted as AB 6 1437 that unconstitutionally infringes upon the 7 Commerce Clause of the Constitution of the United 8 States to the detriment of this nation’s consumers 9 and farmers. 10 WHEREAS, in 2008, California voters approved 11 Proposition 2, a ballot initiative that prohibits 12 California farmers from employing a number of 13 agricultural production methods in widespread use 14 throughout the United States, including the use of 15 industry standards used in egg production; and 16 -1- LSB 6207YH (3) 85 da/rj 1/ 5

H.R. 123 WHEREAS, in 2010, in response to the proposition 1 which would have placed California in a competitive 2 disadvantage by increasing the cost of egg production 3 within that state, the California State Legislature 4 enacted AB 1437 which requires other states to comply 5 with California’s standards in order to continue to 6 market eggs in that state; and 7 WHEREAS, Section 25996 of the California Health and 8 Safety Code states that commencing January 1, 2015, a 9 shelled egg cannot be sold or contracted to sell for 10 human consumption in California if the egg was produced 11 on a farm not meeting California standards; and 12 WHEREAS, the effect of California’s legislation is 13 to increase consumer prices, create financial hardship 14 on low-income families, and deny egg farmers their 15 right to access the nation’s markets; and 16 WHEREAS, the “Commerce Clause,” Article I, 17 Section 8 of the Constitution of the United States 18 provides in relevant part, that “Congress shall have 19 Power... [t]o regulate commerce... among the several 20 States...”; which has established a free trade zone now 21 encompassing fifty states, the District of Columbia, 22 and the territories of the United States; and 23 WHEREAS, the Commerce Clause is an enumerated power 24 granted to Congress and is also a restriction imposed 25 on states from enacting legislation that places an 26 undue burden on interstate commerce; and 27 WHEREAS, in Federalist No. 11, Alexander Hamilton 28 understood that “a free circulation of the commodities” 29 among the states constituted a vital component of this 30 -2- LSB 6207YH (3) 85 da/rj 2/ 5

H.R. 123 nation’s prosperity; and 1 WHEREAS, since 1824, in the landmark decision 2 Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824), the 3 United States Supreme Court has found that states 4 are limited in their ability to burden interstate 5 commerce; and 6 WHEREAS, since then the principle has been long 7 respected that the Commerce Clause bars states from 8 erecting trade barriers that would otherwise inevitably 9 lead to interstate trade wars, incite retaliation among 10 the states, and ultimately irreparably injure our 11 federal union; and 12 WHEREAS, on February 3, 2014, the Honorable Chris 13 Koster, Attorney General of the State of Missouri, 14 brought suit in the United States District Court in the 15 Eastern District of California, Fresno Division, asking 16 the court to declare the California statute invalid, 17 including as a violation of the Commerce Clause; and 18 WHEREAS, the Honorable Terry E. Branstad, Governor 19 of the State of Iowa, together with the attorneys 20 general of the states of Alabama, Nebraska, and 21 Oklahoma, and the attorney general of the Commonwealth 22 of Kentucky have joined with the State of Missouri in 23 this case; NOW THEREFORE, 24 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 25 That the State of California immediately repeal 26 all unconstitutional provisions enacted in AB 1437, 27 including Section 25996 of the California Health and 28 Safety Code; and 29 BE IT FURTHER RESOLVED, That all necessary and 30 -3- LSB 6207YH (3) 85 da/rj 3/ 5

H.R. 123 immediate action be taken by the United States 1 Congress, the United States Attorney General, state 2 legislatures, state governors, and state attorneys 3 general to ensure the repeal of all unconstitutional 4 provisions enacted in AB 1437, including Section 25996 5 of the California Health and Safety Code; and 6 BE IT FURTHER RESOLVED, That a copy of this 7 resolution shall be transmitted to the Honorable Ellen 8 M. Corbett, Majority Leader, California State Senate; 9 the Honorable John A. Perez, Speaker of the Assembly, 10 California State Assembly; the Honorable Joseph R. 11 Biden, Jr., President of the United States Senate; 12 the Honorable John A. Boehner, Speaker of the United 13 States House of Representatives; the Honorable Debbie 14 Stabenow, Chairwoman of the Committee on Agriculture, 15 Nutrition, and Forestry of the United States Senate; 16 the Honorable Frank Lucas, Chairman of the Committee 17 on Agriculture of the United States House of 18 Representatives; each member of the Iowa congressional 19 delegation; the Honorable Eric H. Holder, Jr., Attorney 20 General of the United States; the Honorable Tom 21 Vilsack, Secretary of Agriculture of the United States; 22 the Honorable Terry E. Branstad, Governor of the State 23 of Iowa; the Honorable Tom Miller, Attorney General 24 of the State of Iowa; the Honorable Luther Strange, 25 Attorney General of the State of Alabama; the Honorable 26 Jack Conway, Attorney General of the Commonwealth of 27 Kentucky; the Honorable Chris Koster, Attorney General 28 of the State of Missouri; the Honorable Jon Bruning, 29 Attorney General of the State of Nebraska; and the 30 -4- LSB 6207YH (3) 85 da/rj 4/ 5

H.R. 123 Honorable E. Scott Pruitt, Attorney General of the 1 State of Oklahoma; and 2 BE IT FURTHER RESOLVED, That a copy of this 3 resolution shall be transmitted to the Council of State 4 Governments, the National Governors Association, and 5 the National Association of Attorneys General. 6 -5- LSB 6207YH (3) 85 da/rj 5/ 5