SCR3 (2007) Detail

Urging preservation of traditional powers of state and local governments under international trade agreements.


SCR 3 – FINAL VERSION

2007 SESSION

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SENATE CONCURRENT RESOLUTION 3

A RESOLUTION urging preservation of traditional powers of state and local governments under international trade agreements.

SPONSORS: Sen. DeVries, Dist 18; Sen. Cilley, Dist 6; Sen. Burling, Dist 5; Sen. Fuller Clark, Dist 24; Sen. Gallus, Dist 1; Sen. Kenney, Dist 3; Sen. Reynolds, Dist 2; Rep. Baroody, Hills 13; Rep. F. Sullivan, Hills 12; Rep. Jeudy, Hills 10; Rep. Velez, Hills 12; Rep. Schmidt, Straf 4

COMMITTEE: Energy, Environment and Economic Development

ANALYSIS

This senate concurrent resolution urges Congress and the United States Trade Representative to preserve the traditional powers of state and local governments as they negotiate international trade agreements.

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06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

A RESOLUTION urging preservation of traditional powers of state and local governments under international trade agreements.

Whereas, New Hampshire businesses have long been engaged in international trade; and

Whereas, the constitution grants to the general court the authority to regulate business activities within the state; and

Whereas, the United States Trade Representative is negotiating new agreements in the Doha Round of the World Trade Organization as well as pursuing new bilateral agreements with several countries including South Korea and Panama; and

Whereas, these international negotiations include provisions on investment, procurement, and trade in services, all of which serve to shift power from state and local governments; and

Whereas, the General Agreement on Trade in Services under the World Trade Organization explicitly applies to regulatory actions by regional or local governments or authorities in sectors placed on the United States schedule of commitments, unless they are explicitly exempted; and

Whereas, the Doha Round negotiations are currently considering language on domestic regulations; and

Whereas, the United States Trade Representative proposed adding higher education, pipelined and bulk storage of fuels, and energy brokering services to its list of service sectors covered under the General Agreement on Trade in Services; and

Whereas, under agreements on trade in services, regulations must not burden trade unnecessarily, which affects services that are traditionally provided or regulated by state and local governments, including education, utilities, alcoholic beverages, construction, health facilities, insurance, sewerage, and solid waste; and

Whereas, the state of New Hampshire desires to retain authority to regulate professional licensing, higher education, utilities, and other sectors of the growing service economy; now, therefore, be it

Resolved by the Senate, the House of Representatives concurring:

That the state of New Hampshire hereby requests that the United States Trade Representative provide it with the opportunity to provide timely comments on any negotiating texts which affect the regulatory authority of state and local governments; and

That the state of New Hampshire instructs the United States Trade Representative to exempt New Hampshire from new General Agreement on Trade in Services offers unless explicitly granted authority to include the state in such offers; and

That the state of New Hampshire requests that the governor inform the United States Trade Representative that the general court retains authority to regulate business affairs with the state; and

That the state of New Hampshire urges Congress and the United States Trade Representative to preserve the traditional powers of state and local governments as they negotiate and act upon international agreements by:

I. Exempting state and local governments from the scope of investment, services, and procurement agreements;

II. Where such exemption has not been achieved, assuring that international rules do not deviate from traditional deference to state and local regulatory authority; and

III. Eliminating state and local regulation from General Agreement on Trade in Services rules on domestic regulation and limiting application of those rules to specific commitments made by countries; and

That the state of New Hampshire supports the creation of a committee of state officials, local officials, and citizens to assess the potential impact of international trade agreements on New Hampshire and to keep abreast of negotiations in order to advise the United States Trade Representative on safeguarding state and local authority; and

That copies of this resolution, signed by the president of the senate, be forwarded by the senate clerk to the United States Trade Representative, to each member of the New Hampshire congressional delegation, and to the governor.

Approved: May 31, 2007