BILL NUMBER: AJR 39	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2006

INTRODUCED BY   Assembly  Member   Koretz
  Members   Koretz   and Leno 
   (Coauthors: Assembly Members  Jones  
  and Laird   Bermudez,  
Calderon,   Goldberg,   Hancock,   Jerome
Horton,   and Ridley-Thomas  )
    (   Coauthor:   Senator
  Kuehl  ) 

                        JANUARY 4, 2006

   Relative to  a moratorium on the use of depleted uranium
munitions.  the impeachment, conviction, and removal
from office of President Bush and Vice President Cheney. 


	LEGISLATIVE COUNSEL'S DIGEST


   AJR 39, as amended, Koretz   Moratorium on depleted
uranium munitions.  Impeachment, conviction, and removal
from office of President Bush and Vice President Cheney. 
   This measure would  memorialize the President and Congress
of the United States to establish a moratorium on the use of
depleted uranium munitions   urge the Senators and R
  epresentatives of California in the United States Congress
to cause an investigation of President George W. Bush and Vice
President Richard Che   ney to be initiated, leading to
their impeachment, conviction, and removal from office  .
   Fiscal committee: no.




    WHEREAS, The Rules and Manual of the House of Representatives
of the United States of America, officially titled Constitution,
Jefferson's Manual and Rules of the House of Representatives,
contains the fundamental source materials describing procedures in
the House of Representatives; and 
    WHEREAS, Section 603 of Section LIII of Jefferson's Manual
provides that impeachment proceedings in the House of Representatives
may be set in motion by charges transmitted from the legislature of
a state or territory; and 
    WHEREAS, The State of Florida and the former territory of
Mississippi have established precedent by transmitting charges to the
House of Representatives, which in each case resulted in an
investigation by a committee of the House of Representatives and, in
one case, impeachment proceedings against Judge Charles Swayne of
Florida; and 
    WHEREAS, The actions of George W. Bush in the office of
President of the United States of America and Richard Cheney in the
office of Vice President of the United States of America have
repeatedly and intentionally violated the Constitution and other laws
of the United States of America, causing the people of the State of
California to call into question the integrity of President Bush and
Vice President Cheney and to believe that the official actions of
President Bush and Vice President Cheney have constituted high crimes
and misdemeanors; and 
    WHEREAS, George W. Bush, in violation of his constitutional
oath to faithfully execute the office of President of the United
States of America and, to the best of his ability, to preserve,
protect, and defend the Constitution of the United States of America,
and in violation of his constitutional duty to take care that the
laws be faithfully executed, committed a felony under Section 1001 of
Title 18 of the United States Code by conspiring to exceed his
constitutional authority to wage war, in that on March 19, 2003, by
his order, the United States of America invaded the sovereign country
of Iraq in direct defiance of the United States Security Council
and, by so doing, violated Article 2 of Chapter 1 of the Charter of
the United Nations and Principle VI of the Principles of the
Nuremberg Tribunal; and 
    WHEREAS, George W. Bush and Richard Cheney conspired with
others to defraud the United States of America by intentionally
misleading the Congress and the people of the United States regarding
the threat from Iraq in order to justify a war in violation of
Section 371 of Title 18 of the United States Code by the following
conduct:  
   (1) Overstating the offensive capabilities of Iraq, including that
country's supposed possession of weapons of mass destruction, as
justification for military action against Iraq;  
   (2) Repeatedly manipulating the sentiments of the people of the
United States of America by erroneously linking Iraq with the
terrorist attacks of September 11, 2001, by Al-Qaeda;  
   (3) Repeatedly claiming that satellite photos of sites in Iraq
depicted factories for weapons of mass destruction in contradiction
of evidence resulting from ground inspections by the United Nations;
 
   (4) George W. Bush stating that "Saddam Hussein recently sought
significant quantities of uranium from Africa" in his State of the
Union Address after being told by the Central Intelligence Agency
that this was untrue and that the supporting intelligence documents
were forged;  
   (5) Influencing, manipulating, and distorting intelligence related
to Iraq with the intention of using that intelligence to support
their goal of invading Iraq;  
   (6) Invading Iraq with military forces of the United States of
America, sacrificing the lives of over 2,000 soldiers of the United
States of America and killing over 20,000 Iraqi civilians and
conscripts;  
   (7) Rejecting peaceful resolution of acts of United Nations
compliance by Saddam Hussein; and 
    WHEREAS, George W. Bush has ordered the federalization and
deployment of our state's National Guard members overseas and has,
thus, exceeded his authority granted in the Constitution of the
United States, which Constitution, under Section 15 of Article I,
gives the Congress of the United States the power to "provide for
calling forth the militia to execute the laws of the union, suppress
insurrections and repel invasions;" and 
    WHEREAS, The federalization and deployment of our state's
National Guard members has rendered the National Guard force less
able to carry out its state activities effectively, thus depriving
the state of its constitutional power to maintain the National Guard
for the defense of our state; and 
    WHEREAS, George W. Bush and Richard Cheney have conspired to
commit the torture of prisoners in violation of the "Federal Torture
Act" (18 U.S.C. Sec. 2340A), the United Nations Convention Against
Torture, and Convention III of the Geneva Conventions, which, under
Section 2 of Article VI of the Constitution of the United States of
America, are the "supreme law of the land;" and 
    WHEREAS, George W. Bush has indicated in his signing
statement on House Bill No. 1815 of the 105th Congress, Second
Session (2005) (the "National Defense Authorization Act for Fiscal
Year 2006") his full intention to continue to disregard existing laws
and treaties against torture; and 
    WHEREAS, George W. Bush and Richard Cheney have acted to
strip citizens of the United States of America of their
constitutional rights by ordering indefinite detention without access
to legal counsel, without charge, and without the opportunity to
appear before a civil judicial officer to challenge the detention,
based solely on the discretionary designation by the President of a
citizen of the United States of America as an "enemy combatant," in
subversion of law; and 
    WHEREAS, George W. Bush has admitted ordering the National
Security Agency to conduct electronic surveillance on civilians of
the United States of America without seeking warrants from the
Foreign Intelligence Surveillance Court, duly constituted by Congress
in 1978, in violation of the Fourth Amendment to the Constitution of
the United States of America and Section 1805 of Title 50 of the
United States Code; and 
    WHEREAS, George W. Bush and Richard Cheney may have committed
espionage, fraud, and obstruction of justice through their
involvement in the cover-up of the leak of the identity of Valerie
Plame Wilson; and 
    WHEREAS, In all of this, George W. Bush and Richard Cheney
have acted in a manner contrary to their trust as President and Vice
President, respectively, subversive of constitutional government to
the great prejudice of the cause of law and justice, and to the
manifest injury of the people of the great State of California and of
the United States of America; and 
    WHEREAS, George W. Bush and Richard Cheney, by such conduct,
warrant impeachment and trial, and removal from office; now,
therefore, be it 
    Resolved by the Assembly and the Senate of the State of
California, jointly, That our Senators and Representatives in the
Congress of the United States of America be, and they hereby are,
requested to cause to be instituted in the Congress proper
proceedings for the investigation of President George W. Bush and
Vice President Richard Cheney, to the end that they may be impeached
and removed from office; and be it further 
    Resolved, That the Secretary of State of the State of
California be, and hereby is, instructed to certify to each Senator
and Representative in the Congress of the United States of America,
and to the Clerk of the House of Representatives, under the great
seal of the State of California, a copy of this resolution and its
adoption by the Assembly and Senate of the State of California, and
the copies shall be marked with the word "Petition" at the top of the
document and contain the original authorizing signature of the
Secretary of State of the State of California.  
   WHEREAS, The highest regard should be given to the health and
safety of the members of the United States Armed Forces; and
 
   WHEREAS, Depleted uranium, a toxic, and radioactive material with
a half-life of 4,500,000,000 years, is being used by the United
States Armed Forces; and  
   WHEREAS, Approximately 300 metric tons of depleted uranium
munitions were used by the United States Armed Forces in 1991 during
the Persian Gulf War. During the conflicts in the former Federal
Republic of Yugoslavia, approximately three metric tons were used in
Bosnia and approximately nine metric tons were used in Kosovo,
Serbia, and Montenegro.  Depleted uranium munitions have been used at
numerous United States military installations, proving grounds, and
testing facilities; and  
   WHEREAS, Depleted uranium munitions are pyrophoric, creating a
deadly radiation that can be inhaled. The men and women experiencing
this firsthand are unaware that every breath they take during these
events is negatively impacting their lungs and blood. The radioactive
dust can be pulverized to the point that it is 100 times smaller
than bacteria.  The results range from multiple sclerosis-type
illnesses, to Parkinson's disease, to chemical sensitivities, and
various cancers. Other reported symptoms include abnormal births and
birth defects, acute autoimmune symptoms, respiratory failure, nerve
damage, insomnia, and heart disease; and  
   WHEREAS, Hundreds of Gulf War veterans suffer from "Gulf War
Syndrome," which is classified as a medical condition characterized
by fatigue, headaches, dizziness, nausea, rashes, joint pain, and
respiratory disorders. No definitive cause has been established for
the various illnesses that affect approximately 130,000 people, but
the use of depleted uranium munitions has been cited in many studies
and reports as a potential cause; and  
   WHEREAS, The Adjutant General of the California National Guard
should assist any eligible member or veteran in receiving federal
treatment services who has been assigned a risk level for depleted
uranium exposure by his or her branch of service, referred by a
military physician, or has reason to believe that he or she was
exposed to depleted uranium during such service. Federal treatment
services include a best practice health screening test for exposure
to depleted uranium at low levels and the use of equipment with the
capacity to differentiate between radioisotopes in naturally
occurring levels of uranium and the characteristic ratio and marker
for depleted uranium; and  
   WHEREAS, The California National Guard should also provide
predeployment training concerning potential exposure to depleted
uranium and other toxic chemical substances and the precautions
recommended under combat and noncombat conditions while in a combat
zone; and  
   WHEREAS, The United States Navy and the British Royal Navy are
phasing out the use of depleted uranium munitions, and the Canadian
Navy has ceased using depleted uranium munitions. It has been
reported that the use of depleted uranium munitions has proliferated
to more than 20 nations. The 1949 Geneva Convention specifically
outlines the precautions warring nations must take to avoid harming
civilian populations, and it would be a violation of the 1977
Protocol to the 1949 Geneva Convention to cause superfluous injury or
unnecessary suffering to civilians, as depleted uranium munitions
are reported to cause; and  
   WHEREAS, Acknowledging that international law does not refer
specifically to the issue of depleted uranium at present, but
credible efforts are needed to ensure that any use of such weapons is
not in violation of the 1977 Protocol to the 1949 Geneva Convention;
and  
   WHEREAS, NATO has not banned these types of weapons; and 

   WHEREAS, International law does not currently provide for
compensation for possible harmful effects of such weapons and weapons
systems; and  
   WHEREAS, There is a need to review and monitor the design and
development of weapons, ensuring these are in line with applicable
international law and meet the highest international standards
directed against technical misuse, misdeployment, mistargeting, and
malfunction; and  
   WHEREAS, In light of the results of scientific investigations on
the use of depleted uranium munitions developments in relation to the
possible serious, widespread contamination of the environment and
any acute or appreciable long-term hazard to human health should be
monitored; and  
   WHEREAS, The federal government, as well as NATO and the members
thereof, should make a public declaration guaranteeing they will not
use weapons or weapons systems that have been banned or are deemed to
be illegal under international law in present or future armed
conflicts; and  
   WHEREAS, There must be support of independent and thorough
investigations into the possible harmful effects of the use of
depleted uranium ammunition, and other types of uranium warheads, in
military areas such as Afghanistan, the Balkans, and other regions.
These investigations should include consideration of the effects on
military personnel serving in affected areas and the effects on
civilians and their land. The results of these investigations should
be presented to Congress; now, therefore, be it  
   Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of the State of California
memorializes the Congress and the President of the United States
federal government be requested to immediately implement a moratorium
on the further use of depleted uranium munitions pending the
conclusions of a comprehensive study; and be it further 
    
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, the Majority
Leader of the Senate; and to each Senator and Representative from
California in the Congress of the United States.