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1994 California Senate Joint Resolution 35
This resolution was authored by
Senator Don Rogers (R-Bakersfield). It passed the
Senate on a vote of 27-0
(with 13 absent, abstaining, or not voting). The 13 were Senators
Calderon, Campbell, Hart, Hayden, Killea, Leonard, Leslie, Lockyer, Marks,
McCorquodale,
Petris, and Watson.
The vote in the Assembly was 34-27
(with 19 absent, abstaining, or not voting). It
needed a vote of 41 out of
the 80 members to pass.
The 34 in favor were Assemblymembers
Aguiar, Alby, Andal, Boland, Bowler, Brulte,
Connolly, Conroy, Costa, Epple,
Ferguson, Frazee, Goldsmith, Harvey, Haynes, Hoge,
Honeycutt, Johnson, Jones,
Knight, Knowles, McPherson, Morrow, Mountjoy, Pringle,
Quackenbush, Rainey,
Richter, Rogan, Seastrand, Statham, Takasugi, Weggeland, and Woodruff.
The 27 opponents were Assemblymembers
Archie-Hudson, Baca, Bornstein, Bronshvag,
Cannella, Cortese, Escutia, B.
Friedman, T. Friedman, Gotch, Hannigan, Hauser, Horcher,
Isenberg, Klehs, Lee,
Margolin, Martinez, McDonald, Murray, Napolitano, Polanco, Sher, Solis,
Speier,
Vasconcellos, and W. Brown.
The 19 absent, abstaining, or
not voting Assemblymembers were Allen, Alpert, Areias,
Bates, Bowen, V. Brown,
Burton, Bustamante, Caldera, Campbell, Ducheny, Eastin, Karnette,
Katz, Moore,
O'Connell, Snyder, Tucker, and Umberg.
BILL NUMBER: SJR 35 AMENDED 06/16/94
BILL TEXT
AMENDED IN SENATE JUNE 16, 1994
INTRODUCED BY Senator Rogers
FEBRUARY 3, 1994
Senate Joint Resolution No. 35 Relative to the Alaska-Russia
boundary.
LEGISLATIVE COUNSEL'S DIGEST
SJR 35, as amended, Rogers. Alaska-Russia: maritime
boundary.
This measure would {- (1) -} reiterate the support of the
Legislature for the State of Alaska to participate in
negotiations involving its boundaries with Russia {- , (2)
question the validity of the proposed treaty titled "Agreement
with the Union of Soviet Socialist Republics on the Maritime
Boundary," (3) question the validity of a particular executive
agreement signed on June 1, 1990, (4) memorialize the President
to withdraw the proposed treaty from ratification, and (5)
request the 2 United States Senators from California to urge
revocation of the approval of the proposed treaty and to require
renegotiation with the new government of Russia -} .
Fiscal committee: no.
WHEREAS, Every state has a compelling constitutional interest
in determining its own boundaries with other states and foreign
countries; and
WHEREAS, The State of Alaska's boundary with the former
Soviet Union was the subject of negotiations between the United
States government and the Soviet government from 1981 to 1990,
but the State of Alaska was never allowed by the United States
Department of State to participate in the negotiations; and
WHEREAS, The Alaska legislature vigorously protested this
exclusion in the form of Senate Joint Resolution 12, which was
passed nearly unanimously by both houses and signed by Governor
Steve Cowper in May 1988; and
WHEREAS, The United States Department of State ignored these
protests, and its negotiations resulted in a proposed treaty
titled "Agreement with the Union of Soviet Socialist Republics
on the Maritime Boundary" signed on June 1, 1990; and
WHEREAS, The Alaska legislature sent a letter, signed by a
bipartisan majority on May 17, 1991, to the United States
Committee on Foreign Relations, stating, "We firmly believe
United States interests and Alaskan interests are at stake and
in jeopardy in the proposed treaty. . . . No Alaskan official
has ever been invited to participate in the treaty negotiations,
in spite of abiding Alaskan interests in fisheries, petroleum,
and other potential continental shelf resources and the
considerations of navigation in the area. In the entire history
of the treaty negotiations, Alaska has had no official voice.
Alaska has not been officially consulted in the entire matter. .
. . It is our purpose to urgently recommend that the
presently-proposed treaty not be ratified by the U.S. Senate,
and that negotiations be continued to include appropriate
Alaskan officials and current United States and Alaskan
historic, territorial and resource interests."; and
WHEREAS, The proposed treaty was nevertheless approved by the
United States Senate vote in September 1991; and {-
WHEREAS, The proposed treaty has not been put into force
because the government of the Soviet Union never ratified it,
and in 1992 the Soviet Union dissolved itself as a country, with
several successor governments, leaving in doubt the validity of
pending matters of the former government, including the
proposed maritime boundary treaty; and
WHEREAS, At the same time the proposed treaty was signed on
June 1, 1990, an executive agreement was signed by Secretary of
State James A. Baker III and Soviet Foreign Minister Eduard A.
Shevardnadze which stated, "... pending the entry into force of
that (Maritime Boundary) Agreement, the two Governments agree to
abide by the terms of that Agreement as of June 15, 1990"; and
WHEREAS, This executive agreement appears to usurp the power
of the United States Senate to give its advice and consent for
agreements that need to be in the form of a treaty to be valid,
inasmuch as it implements all the terms of the proposed treaty
without any complete agreement by the appropriate organs of
either government; and
WHEREAS, This executive agreement was kept completely secret
from the public and the United States Senate for nearly one and
one-half years, not being revealed at the time of signing in
June 1990, nor in the transmittal to Congress in September 1990,
nor in the United States Department of State testimony to the
United States Senate in June 1991, nor in the Senate committee
conference report, nor in the Senate debates in September 1991;
and was revealed only in January 1992 due to an inquiry from the
public to the United States Department of State Treaty Office;
and -}
WHEREAS, The California Legislature has previously expressed
its support for the State of Alaska's rights to participate in
negotiations and to give its consent to any agreements affecting
its boundaries in the form of Resolution Chapter 122 of the
Statutes of 1987 and Resolution Chapter 107 of the Statutes of
1991; {- and
WHEREAS, It is settled constitutional procedure with respect
to negotiations of state boundaries that representatives of any
affected state not only must be included in the negotiations,
but also must consent to the terms of the proposed treaty (such
as was the case when Secretary of State Daniel Webster
negotiated with Great Britain over the boundary between Canada
and the State of Maine in 1842); now, therefore, be it -} {+
now, therefore, be it +}
Resolved by the Senate and the Assembly of the State of
California, jointly, That the California Legislature reiterates
its support for the State of Alaska in its rightful position of
participation in any negotiations involving its boundaries with
Russia (the current government controlling territory opposite
from Alaska); and be it further {-
Resolved, That the California Legislature questions the
validity of the "Agreement with the Union of Soviet Socialist
Republics on the Maritime Boundary" on the basis that the other
party, the Soviet Union, has dissolved without ratifying it; and
be it further
Resolved, That the California Legislature questions the
validity of the executive agreement signed by the United States
Secretary of State and the Soviet Foreign Minister on June 1,
1990, which stated, "... pending the entry into force of that
(Maritime Boundary) Agreement, the two Governments agree to
abide by the terms of that Agreement as of June 15, 1990" on the
basis that an executive agreement between national governments
cannot accomplish the same thing that would otherwise require a
treaty; and be it further
Resolved, That the California Legislature (1) respectfully
memorializes the President to withdraw the proposed treaty from
ratification, and (2) requests the two California United States
Senators to urge revocation of approval of the proposed treaty
and require renegotiation with the new government of Russia,
including the State of Alaska as an active participant having
the right to approve any terms affecting its boundaries and
property rights; and be it further -}
Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President and Vice President of the
United States, to the Speaker of the House of Representatives,
to the Chairman and ranking member of the United States Senate
Committee on Foreign Relations, to the Chairman and ranking
member of the United States House of Representatives Committee
on Foreign Affairs, to each Senator and Representative from
California in the Congress of the United States, to the Governor
of Alaska, to the President of the Alaska Senate, and to the
Speaker of the Alaska House of Representatives.