2008 Legislation
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SENATE JOINT MEMORIAL NO. 113<br /> – NAFTA, conditions for participation

SENATE JOINT MEMORIAL NO. 113

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Bill Status



SJM113.....................................................by STATE AFFAIRS
NAFTA - Stating findings of the Legislature emphatically urging and
petitioning the Congress of the United States and particularly the
congressional delegation representing the State of Idaho to require that
specified conditions for the continued participation in NAFTA be enacted
and that should conditions for continued participation fail to be met, that
Congressional approval of NAFTA should cease to be effective and the
President of the United States should provide written notice of withdrawal
to the Governments of Mexico and Canada in accordance with Article 2205 of
NAFTA.

03/18    Senate intro - 1st rdg - to printing
03/19    Rpt prt - to 10th Ord
03/20    10th Ord - ADOPTED - voice vote
    Floor Sponsor - Pearce
    Title apvd - to House
03/21    House intro - 1st rdg - to Transp
03/25    Rpt out - rec d/p - to 2nd rdg
03/26    2nd rdg - to 3rd rdg
    Rls susp - ADOPTED - voice vote
    Floor Sponsor - Wood(35)
    Title apvd - to Senate
03/27    To enrol - Rpt enrol - Pres signed
03/28    Sp signed
03/31    To Secretary of State

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                               SENATE JOINT MEMORIAL NO. 113

                                 BY STATE AFFAIRS COMMITTEE

  1                                   A JOINT MEMORIAL
  2    TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED  STATES  IN  CONGRESS
  3        ASSEMBLED,  AND  TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
  4        IDAHO IN THE CONGRESS OF THE UNITED STATES.

  5        We, your Memorialists, the Senate and the House of Representatives of  the
  6    State  of  Idaho  assembled  in  the Second Regular Session of the Fifty-ninth
  7    Idaho Legislature, do hereby respectfully represent that:

  8        WHEREAS, we strongly object to any treaty or agreement, which threatens to
  9    violate national security, private property, United States commerce, constitu-
 10    tional rights and American sovereignty while emphasizing our commitment to the
 11    Pacific Northwest Economic Region (PNWER) and other cooperative nations  work-
 12    ing for mutually beneficial goals; and
 13        WHEREAS,  the unique form of freedom and free enterprise system enjoyed by
 14    Americans, provided for in the United States Constitution and  Declaration  of
 15    Independence,  is now being threatened by the North American Free Trade Agree-
 16    ment (NAFTA) between the United States and foreign countries; and
 17        WHEREAS, Article 2205 of NAFTA allows for the  withdrawal  of  the  United
 18    States  from  the  agreement  and provides that "(a) A party may withdraw from
 19    this Agreement six months after it provides written notice  of  withdrawal  to
 20    the  other  Parties. If a Party withdraws, the Agreement shall remain in force
 21    for the remaining Parties"; and
 22        WHEREAS, by 2002, which was the last year United States  government  agen-
 23    cies  tracked  NAFTA  specific job losses, over 1.5 million American jobs were
 24    verified as lost due to NAFTA, with the majority from the high  wage  manufac-
 25    turing sector; and
 26        WHEREAS,  NAFTA-related  trade  imbalances have grown from an imbalance in
 27    2002 of $85 billion to a trade deficit of nearly $139 billion with Mexico  and
 28    Canada in 2007 pursuant to foreign trade statistics of the U.S. Census Bureau;
 29    and
 30        WHEREAS,  NAFTA has reduced the value of the dollar, harmed the U.S. econ-
 31    omy, local communities and American families, undermined the  free  enterprise
 32    system  in  the United States, and resulted in a lack of parity regarding laws
 33    and regulations related to the environment and labor, as well  as  other  laws
 34    and regulations placing America at a disadvantage; and
 35        WHEREAS,  the  volume  of  imports from Mexico and Canada has soared since
 36    NAFTA, straining security checks at the U.S. border and threatening  the  eco-
 37    nomic  and  physical  security of the United States with the potential loss of
 38    control of its borders; and
 39        WHEREAS, future unrestricted foreign trucking allowed by  NAFTA  into  the
 40    United States has the potential of posing a safety hazard to the American peo-
 41    ple  due  to  inadequate maintenance and inspection, lack of background checks
 42    for violations in Mexico, lack of drug and alcohol testing, lack  of  enforce-
 43    ment  of size and weight requirements and lack of national security procedures
 44    which undermine the very charge given to the U.S. Department of Homeland Secu-

                                       2

  1    rity to defend our borders against threats; and
  2        WHEREAS, NAFTA has resulted in spiraling deficits with Mexico and  Canada,
  3    unfair  agricultural  trade, job loss, wage reductions and an erosion in stan-
  4    dards of living, an erosion  of  the  United  States  manufacturing  base,  an
  5    increase  in  health and environmental hazards, and an increase in the flow of
  6    illegal drugs and controlled substances into the  country  due  to  inadequate
  7    inspection practices; and
  8        WHEREAS,  continued  participation  in  NAFTA should be conditioned on the
  9    renegotiation of the terms of NAFTA by the President of the United  States  to
 10    correct trade deficits, currency distortions and agricultural provisions. Con-
 11    tinued  participation  should also be conditioned on certification to Congress
 12    by the President that the Government of Mexico is elected  in  free  and  fair
 13    elections, provides a fair, impartial and transparent justice system, and pro-
 14    tects  the  rights of its citizens to organize into political parties, to have
 15    free speech and free media, and  to  assemble  and  organize  associations  to
 16    advance human rights and economic opportunities; and
 17        WHEREAS,  continued participation should also be conditioned on certifica-
 18    tion of gains in United States jobs and living standards by the U.S. Secretary
 19    of Labor, certification of increased domestic manufacturing by the U.S. Secre-
 20    tary of Commerce, certification by the  U.S.  Secretary  of  Agriculture  that
 21    there  has been a reduced incidence of contaminated and adulterated food, cer-
 22    tification by the U.S. Administrator of the  Environmental  Protection  Agency
 23    that  conditions  affecting public health in the United States - Mexico border
 24    zone have not worsened since January 1, 1994, and certification by the  Attor-
 25    ney General of the United States that increased imports from NAFTA parties are
 26    not  resulting  in  an increase in crime involving illegal drugs or other con-
 27    trolled substances; and
 28        WHEREAS, unless the conditions for continued participation are  met,  con-
 29    gressional approval of NAFTA should cease to be effective and the President of
 30    the  United  States should provide written notice of withdrawal to the Govern-
 31    ments of Mexico and Canada in accordance with Article 2205 of NAFTA.
 32        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
 33    sion  of the Fifty-ninth Idaho Legislature, the Senate and the House of Repre-
 34    sentatives concurring therein, that we emphatically urge and petition the Con-
 35    gress of the United States and particularly the congressional delegation  rep-
 36    resenting the State of Idaho to require that specified conditions for the con-
 37    tinued  participation in NAFTA be enacted and that, should conditions for con-
 38    tinued participation fail to be met, congressional approval  of  NAFTA  should
 39    cease  to  be  effective and the President of the United States should provide
 40    written notice of withdrawal to the Governments of Mexico and Canada in accor-
 41    dance with Article 2205 of NAFTA.
 42        BE IT FURTHER RESOLVED that the Secretary of the Senate  be,  and  she  is
 43    hereby authorized and directed to forward a copy of this Memorial to the Pres-
 44    ident  of  the  Senate and the Speaker of the House of Representatives of Con-
 45    gress, and the congressional delegation representing the State of Idaho in the
 46    Congress of the United States.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS18118

This legislation is to urge and petition the Congress of the United
States, and particularly the congressional delegation representing
the State of Idaho, to use all their efforts to ensure certain
conditions for continued NAFTA participation are met, and in the
event of default of such conditions then withdraw to stop
additional harm to the American economy and workforce, loss of
sovereignty and border security.                            


                           FISCAL NOTE

Job loss due to NAFTA has a negative affect on the general fund.







Contact
Name: Senator Monty Pearce 
Phone: 332-1387
Senator Steve Bair
Senator Mike Jorgenson
Senator Jeff Siddoway
Senator Mel Richardson
Senator Shirley McKague
Senator Clint Stennett
Representative Ken Andrus
Representative JoAn Wood


STATEMENT OF PURPOSE/FISCAL NOTE                       SJM 113