71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
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 LC 1814
 
                     Senate Joint Memorial 2
 
Sponsored by Senator GORDLY (at the request of Economic Justice
  Action Group)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Urges leaders of Congress to empower legislative committees to
study provisions of international trade agreements that preempt
state and local sovereignty.
 
                         JOINT MEMORIAL
  To the Senate and House of Representatives of the United States
of America, in Congress assembled:
  We, your memorialists, the Seventy-first Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas, within the United States federal system, state and
local governments traditionally serve as 'laboratories of
democracy' in which new and innovative approaches to governing in
the public interest can be tried; and
  Whereas the State of Oregon has been and continues to be one of
the leading 'laboratories of democracy' in addressing difficult
national issues; and
  Whereas the ability of Oregon and other states, as well as
local governments, to serve as 'laboratories of democracy '
depends on maintaining the power of state legislators and local
officials to govern within their jurisdictions; and
  Whereas Oregon innovations like urban growth boundaries,
recycling incentive programs and numerous other laws are now
vulnerable to challenges by foreign corporations and investors
under provisions of recent and proposed international trade
agreements; and
  Whereas international trade agreements typically contain
dispute resolution provisions that transfer oversight authority
from United States courts to trade tribunals whose proceedings
often do not provide due process protections comparable to those
afforded by United States courts; and
  Whereas state attorneys general are not permitted to appear
before these trade tribunals to defend state and local laws
unless expressly invited to appear by federal officials; and
  Whereas federal officials have not consulted with state and
local elected officials regarding these constraints on state and
local sovereignty or even notified state and local elected
officials when these constraints have been negotiated in
international trade agreements; and
 
  Whereas the Legislative Assembly opposes provisions in an
international trade agreement that preempt the ability of state
or local governments to govern within their jurisdictions; now,
therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  That the leaders of the United States Senate and the United
States House of Representatives are respectfully urged to empower
select committees in each chamber to study proposed and recently
approved international trade agreements to determine the extent
to which provisions in these agreements conflict with traditional
state and local sovereignty and to report their findings to the
Senate and the House of Representatives; and be it further
  Resolved, That a copy of this memorial shall be sent to the
Senate Majority Leader, the Speaker of the House of
Representatives and to each member of the Oregon Congressional
Delegation.
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