Volume 146, No. 92 covering the 2nd Session of the 106th Congress (1999 - 2000) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“PETITIONS AND MEMORIALS” mentioning the Environmental Protection Agency was published in the Senate section on pages S7067-S7072 on July 17, 2000.
The publication is reproduced in full below:
PETITIONS AND MEMORIALS
The following petitions and memorials were laid before the Senate and were referred or ordered to lie on the table as indicated:
POM-551. A resolution adopted by the Assembly of the State of Wisconsin relative to the Washington Juneteenth 2000 National Holiday Observance; ordered to lie on the table.
Assembly Resolution 29
Whereas, more than 130 years old, Juneteenth, National Freedom Day is the oldest and only African-American holiday observance in the United States, which is also known as
``Emancipation Day,'' ``Emancipation Celebration,'' ``Freedom Day,'' ``Jun-Jun'' and ``Juneteenth''; and
Whereas, Juneteenth National Freedom Day commemorates the survival, due to God-given strength and determination, of African-Americans, who were first brought to this country stacked in the bottom of slave ships in a month-long journey across the Atlantic Ocean, known as the ``Middle Passage''; and
Whereas, approximately 11,500,000 African-Americans survived the voyage to the New World (the number that died is likely greater), only to be subjected to whipping, castration, branding, rape, tearing apart of families and forced submission to slavery for more than 200 years after arrival in the United States; and
Whereas, Juneteenth commemorates the day on which freedom was proclaimed to all slaves in the South by Union General Granger, on June 19, 1865, in Galveston, Texas, more than 2.5 years after the signing of the Emancipation Proclamation by President Abraham Lincoln; and
Whereas, for the first time, in over 130 years of the annual celebration, Juneteenth has finally been ``officially recognized'' as Juneteenth Independence Day in America by the President and Congress of the United States; and
Whereas, this reality is particularly underscored by the fact that it was in the 1st Session of the 105th Congress, via the bipartisan cooperation of former Congresswoman Barbara Rose-Collins (D-Michigan, former Senator Carol Mosley-Braun (D-Illinois), Congressman J.C. Watts (R-Oklahoma), former House Speaker Newt Gingrich (R-Georgia), Senate Majority Leader Trent Lott (R-Mississippi) and Senate Minority Leader Tom Daschle (D-South Dakota), that Senate Joint Resolution 11 and House Joint Resolution 56 were successfully shepherded through both houses of Congress, in a successful effort to officially recognize Juneteenth as the Independence Day observance of Americans of African descent in 1997; and
Whereas, Americans of all colors, creeds, cultures, religions and countries-of-origin share in a common love of, and respect for, ``freedom,'' as well as a determination to protect their right to freedom through democratic institutions, by which the ``tenets-of-freedom'' are guaranteed and protected; and
Whereas, the ``19th of June'' or Juneteenth Independence Day, along with the ``4th of July,'' completes the ``cycle of freedom'' for America's Independence Day observances; and
Whereas, ``Until All are Free, None are Free'' is an oft-repeated maxim that can be used to highlight the significance of the end of the era of slavery in the United States; and
Whereas, the National Juneteenth Observance Foundation is sponsoring the premier celebration, concert, worship services and campaign to commemorate America's 2nd Independence Day observance, the ``19th of June,'' as one which completes the cycle of America's 18th century Independence Movement, initiated with the ``4th of July,'' 1776, ``Declaration of Independence'' and to recognize this country's movement towards a ``One America,'' advanced by a sincere dialogue of the realization of what Juneteenth historically means to all Americans, promoting racial healing, restoration and justice: Now, therefore, be it
Resolved by the assembly, That the members of the Wisconsin assembly support this historic recognition and encourage participation of our members, families and communities in the
``officially recognized'' Washington Juneteenth 2000 National Holiday Observance, on the National Mall, Lincoln Memorial and U.S. capital grounds, scheduled for Saturday, June 17, 2000, from 8 a.m. until 5 p.m., which will be followed by a Sunday evening Juneteenth Fathers' Day Benefit Concert honoring African-American Fathers, and a Monday, June 19, 2000, noon rally in support of National Juneteenth Independence Day holiday legislation and a series of evening Juneteenth prayer and praise worship services in churches and houses of worship throughout the Washington, D.C., area and the country; and, be it further
Resolved, That the assembly chief clerk shall provide a copy of this resolution to the president and secretary of the U.S. senate, to the speaker and clerk of the U.S. house of representatives and to each member of the congressional delegation from this state attesting the adoption of this resolution by the 1999 assembly of the state of Wisconsin.
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POM-552. A resolution adopted by the General Assembly of the State of New Jersey relative to flood areas and flood victims; to the Committee on Banking, House, and Urban Affairs.
Assembly Resolution No. 200
Whereas, Tremendous damage was caused in the State of New Jersey by the high winds, waves, storm surge, severe flooding and fires associated with Hurricane Floyd; and
Whereas, Up to 13 inches of rain fell in portions of the State, causing rivers and other inland waterways to flood streets, homes and businesses, and high winds downed many trees and damaged many structures; and
Whereas, The President of the United States declared certain counties in this State, including Bergen, Essex, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, and Union, to be federal disaster areas, and this federal disaster declaration allows for the federal funding of disaster relief to public entities, businesses and individuals, as well as funding for mitigation against future similar disasters; and
Whereas, The damages in the State resulting from Hurricane Floyd and its associated flooding are estimated by the Federal Emergency Management Agency to be approximately
$500,000,000 and this estimate is rising as more assessments are conducted and verified; and
Whereas, The total number of houses, apartments and businesses destroyed, damaged or affected by Hurricane Floyd and its associated flooding exceeds 70,000; and
Whereas, United States Senator Frank Lautenberg and United States Representative Marge Roukema have proposed federal legislation to help small businesses and farmers recover from the damage inflicted by Hurricane Floyd and its associated flooding, which legislation would make available, through the Federal Emergency Management Agency, one-time grants to small businesses and farmers in amounts up to $50,000 or at least 50 percent of the cost to replace non-insured contents and inventory or to carry out repairs, provided that the grant is not used to relocate the business outside of the community and provided that the grant recipient purchases and maintains flood insurance coverage; and
Whereas, Individuals and businesses have suffered extraordinary hardships, and it is in the public interest to assist individuals and businesses recovering from the devastating effects of Hurricane Floyd in the most expeditious manner possible; and
Whereas, It is in the best interest of the residents of the State to urge the President, the Congress of the United States, and the Federal Emergency Management Agency to take all available steps to provide financial assistance in the most expeditious manner possible to New Jersey's flood areas and flood victims; now, therefore, be it
Resolved by the General Assembly of the State of New Jersey:
1. This House urges the President and the Federal Emergency management Agency to provide financial assistance in the most expeditious manner possible to provide relief to New Jersey's flood areas and flood victims. This House also urges the President and the Federal Emergency Management Agency to not deduct any State monies provided for flood relief from the calculation of federal monies allocated to New Jersey to recover from the devastating effects of Hurricane Floyd and its aftermath.
2. This House urges the Congress of the United States to act swiftly on legislation proposed by United States Senator Frank Lautenberg and United States Representative Marge Roukema to help small business and farmers recover from the damage inflicted by Hurricane Floyd and its associated flooding.
3. A duly authorized copy of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the majority and minority leaders of the United States Senate and the United States House of Representatives, the Director of the Federal Emergency Management Agency, and each member of Congress elected from the State of New Jersey.
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POM-553. A joint resolution adopted by the General Assembly of the Commonwealth of Virginia relative to consumer credit reporting agencies; to the Committee on Banking, Housing, and Urban Affairs.
House Joint Resolution No. 310
Whereas, the Fair Credit Reporting Act established a statutory framework for protecting the rights of consumers to fair disclosure of credit information; and
Whereas, the Fair Credit Reporting Act permits credit reporting agencies to report information related to a consumer's credit history; and
Whereas, credit reporting agencies provide an overall rating of the consumer's credit risk on the consumer's credit report; and
Whereas, credit reporting agencies consider the number of inquiries into a consumer's credit report when determining the overall rating; and
Whereas, the number of inquiries requesting a consumer's credit report is not substantially related to a consumer's credit risk and is often outside the consumer's control; and
Whereas, creditors rely on the information reported by credit reporting agencies to evaluate the credit risk of a consumer; and
Whereas, many consumers are denied credit based on a credit reporting agency's rating of that consumer: Now, therefore be it
Resolved by the House of Delegates, the Senate concurring; That the Congress of the United States be urged to amend the Fair Credit Reporting Act to prohibit credit reporting agencies from using information related to the number of inquires in a consumer's credit report to determine the consumer's overall rating; and, be it
Resolved further, That the General Assembly of Virginia most fervently urge and encourage each state legislative body of the United States of America to enact this resolution, or one similar in context and form, as a show of solidarity in petitioning the federal government for greater protection for consumers in obtaining credit; and, be it
Resolved finally, That the Clerk of the House of Delegates transmit copies of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Secretary of the United States Department of Labor, each member of the Virginia Congressional Delegation, and to the Chairman of the Council of State Governments, requesting that he distribute copies of this resolution to the presiding officer of each house of each state legislative body in the United States of America in order that they may be apprised of the sense of the General Assembly of Virginia in this matter.
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POM-554. A concurrent resolution adopted by the Legislature of the State of Hawaii, relative to community goals and outcomes; to the Committee on Governmental Affairs.
Senate Concurrent Resolution No. 12
Whereas, the Hawaii State Legislature has recognized the importance of measuring progress towards shared outcomes through the establishment of the Hawaii Performance Partnerships Board by Act 160, Session Laws of Hawaii 1999, and the adoption of House Concurrent Resolution No. 38 by the Legislature in 1998; and
Whereas, a memorandum of agreement has been executed between the federal, state, county, community, and business sectors to encourage and facilitate cooperation to redesign and test an outcomes-oriented approach to intergovernmental service delivery; and
Whereas, the federal government, through the efforts of the National Partnership for Reinventing Government, has empowered federal agencies to provide incentives, such as decreased state matching funds, waived regulations, or additional federal funds to state agencies in partnership with community-based organizations that measure progress towards shared outcomes through initiatives such as Boost4Kids; and
Whereas, Hawaii's aloha spirit connects its people in a unique manner, by guiding our decisions and actions; and
Whereas, Hawaii's communities have joined together to create outcomes and goals to improve the well-being of Hawaii's people in several different efforts, such as Ke Ala Hoku, Education Goals 2000, Healthy 2010, Hawaii Family Touchstones; and
Whereas, the acceptance of a common set of desired outcomes, compatible with statutory mandates, will enable state, county, and community agencies to focus on achieving positive results that exemplify Hawaii's uniqueness; and
Whereas, achieving results require creation of accountability systems that cross agency boundaries to measure the combined efforts of many partners, both public and private; and
Whereas, the Hawaii Performance Partnerships Board has considered the achievements of many of Hawaii's people in creating outcomes and goals: Now, therefore, be it
Resolved by the Senate of the Twentieth Legislature of the State of Hawaii, Regular Session of 2000, the House of Representatives concurring, That the following key community outcomes are hereby endorsed by the Legislature as state policy:
(1) A safe, nurturing social environment;
(2) A healthy, natural environment;
(3) A thriving, diverse, sustainable economy;
(4) Educated people; and
(5) Civic vitality;
Be it further resolved, That public and private agencies committed to improving the well-being of Hawaii's peoples be encouraged to utilize these outcomes as a basis for policy and program development, planning, and for budgeting; and be it further
Resolved, that all public and private agencies are encouraged to form partnerships and measure progress towards the outcomes most appropriate to their individual missions; and be it further
Resolved, That certified copies of this concurrent resolution be transmitted to the Governor, the Vice President of the United States, the United States Secretary of Agriculture, the United States Secretary of Education, the United States Secretary of Health and Human Services, the Hawaii Performance Partnerships Board, the Mayor of the County of Maui, the Mayor of the City and County of Honolulu, the Mayor of the County of Kauai, the Mayor of the County of Hawaii, Aloha United Way, the Hawaii Community Foundation, HMSA Foundation/Hawaii Medical Service Association, The Chamber of Commerce of Hawaii, all state departments, Partnering for Outcomes, State Procurement Office, Good Beginnings Alliance, Interdepartmental Council, Hawaii Primary Care Association, and Covering Kids.
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POM-555. A resolution adopted by the Council of the City of Mayfield Heights, Ohio relative to a United Nations Convention, to the Committee on Foreign Relations.
POM-556. A joint resolution adopted by the Legislature of the State of California relative to East Timorese refugees; to the Committee on Foreign Relations.
Assembly Joint Resolution No. 54
Whereas, In 1975, after the former Portuguese colony of East Timor gained its independence, Indonesian forces invaded East Timor and occupied the country despite the call of the United Nations Security Council for Indonesia to withdraw its forces; and
Whereas, In 1976 the Indonesian government admitted that 60,000 East Timorese had been killed since the invasion and President Suharto signed legislation declaring East Timor as Indonesia's 27th province; and
Whereas, In the 1970's and 1980's tens of thousands of East Timorese died of starvations, military bombardment, and executions as thousands of other suffered malnutrition, sterilization, relocation in settlement camps, and arrest and torture at the hands of the Indonesian forces; and
Whereas, Despite continued military attacks on East Timorese civilians during 1999 and fears of widespread violence against voters, a heavy turnout at the polls on August 30, 1999, provided almost an 80 percent vote for the independence of East Timor from Indonesia; and
Whereas, Within hours of the announcement of the election results on September 4, 1999, a systematic campaign of terror was launched against the East Timorese by the Indonesian armed forces and their allied militias during which three-quarters of the population was displaced. In a coordinated manner, the Indonesian military and militias forced hundreds of thousands of East Timorese at gunpoint to board trucks, boats, and airplanes for transportation to West Timor and other parts of Indonesia; and
Whereas, By the end of 1999, United Nations agencies reported that over 125,000 East Timorese had returned home; however, more than 100,000 East Timorese remain unable to return home, many months after the announcement of the referendum results and despite repeated pledges by the Indonesian government to remedy the situation. Thousands of East Timorese taken to other areas of Indonesia remain unaccounted for now, therefore, be it
Resolved by the Assembly and Senate of the State of California, jointly. That the Legislature of the State of California respectfully requests the President and the Congress of the United States to employ diplomatic and other resources to persuade the Indonesian government to expedite the return of all East Timorese refugees in Indonesia who wish to return home; 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, and to each Senator and Representative from California in the Congress of the United States.
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POM-557. A concurrent resolution adopted by the Legislature of the State of Hawaii relative to Pearl Harbor Naval Shipyard; to the Committee on Armed Services.
Senate Concurrent Resolution No. 102
Whereas, Pearl Harbor Naval Shipyard is strategically located in the Pacific Ocean and the Naval Base is in the best interest of the National Security; and
Whereas, Pearl Harbor Naval Shipyard is the largest industrial employer in the State of Hawaii; and
Whereas, Pearl Harbor Naval Shipyard employed 6,900 employees in 1989, and has since experienced a 58% reduction of the workforce, and currently employs 3,200 employees; and
Whereas, Pearl Harbor Naval Shipyard was the Homeport for 41 Navy ships and submarines in 1989, and currently is the Homeport for 31 navy ships and submarines; and
Whereas, Pearl Harbor Naval Shipyard provided Navy contract work for 65 to 75 percent of the private ship repair industry in Hawaii; and
Whereas, Pearl Harbor Naval Shipyard spends in excess of
$350 million in material purchases, contracts with local businesses, and payroll costs; and
Whereas, Pearl Harbor Naval Shipyard provides for trade and skills training for the youth of Hawaii through the Apprentice program in partnership with the University of Hawaii; and
Whereas, Pearl Harbor Naval Shipyard resolves a quality of life issue for the military by accomplishing the ship repair overhauls and repairs in Hawaii and the Homeport of the Navy ships; and
Whereas, Pearl Harbor Naval Shipyard has the capacity to accomplish more Navy work in Pearl Harbor with the skilled workforce and the availability of the Homeport ships; and
Whereas, Pearl Harbor Naval Shipyard needs to be ``right sized'' for its current and future workload to allow Pearl Harbor and the Navy to maintain and overhaul ships in Hawaii; and
Whereas, Pearl Harbor Naval Shipyard would require the hiring of 700 to 800 permanent civilian employees over the next two years to obtain the necessary skilled personnel to execute the Navy work; and
Whereas, Pearl Harbor Naval Shipyard has an application list of 1,000 qualified local applicants seeking employment at Pearl Harbor Naval Shipyard: Now, therefore, be it
Resolved by the Senate of the Twentieth Legislature of the State of Hawaii, Regular Session of 2000, the House of Representatives concurring, That this body hereby urges the United States Navy to increase the workload and employment in Pearl Harbor Naval Shipyard to utilize the full capacity of the Hawaiian ship repair industry; and be it further
Resolved, That the United States Navy is requested to brief the Legislature and community business leaders on the future work load plans for Pearl Harbor Naval Shipyard; and be it further
Resolved, That certified copies of this Concurrent Resolution be transmitted to the President and Vice President of the United States, the Hawaii Congressional Delegation, the Governor, and the United States Navy through the chain of command to the Chief of Naval Operations, the Secretary of the Navy, and the Secretary of Defense.
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POM-558. A resolution adopted by the House of the Legislature of the State of Hawaii relative to toxic waste; to the Committee on Armed Services.
House Resolution No. 124
Whereas, the United States and the people of Hawaii have had long historical, cultural, and economic ties with the people of the Philippines as part of the Pacific-Asia community; and
Whereas, Filipinos all over the world, including the Filipino-American community in Hawaii and the United States and their friends, commemorated the centennial of the birth of the Republic of the Philippines (June 12, 1898), a culmination of the Filipino peoples' struggle for freedom and independence against Spanish colonial rule; and
Whereas, in December 1992, United States military forces withdrew from Clark Air Base and Subic Naval Base, thus ending almost a century of United States military presence in the Philippines; and
Whereas, reports from the United States General Accounting Office, United States Department of Defense, the World Health Organization, United States experts, environmental baseline surveys conducted by American firms, and recent media reports, including those conducted by the Boston Globe and CNN, identified serious contamination at forty-six sites at both Clark and Subic bases; and
Whereas, many of the chemicals identified, such as polychlorinated biphenyls (PCBs) Aldrin, Dieldrin, Benzene, and Heptachlor, are part of the family chemicals known as persistent organic pollutants (POPs) because of their persistence in the environment and association with health problems like cancer, reproductive failure, and behavior disorders; and
Whereas, a ``Health for All'' survey conducted by internationally-recognized health expert Doctor Rosalie Bertell on behalf of the Canadian Institute for the Concern for Public Health and released in November 1998, found conspicuously high and disparate levels of kidney, urinary, nervous, and female system health problems among 716 families surveyed in the Clark Air Base area alone; and
Whereas, on January 27, 1999, the Philippines House of Representatives Committee on Ecology released a report holding the United States responsible for toxic wastes left behind in the former United States military bases at Clark and Subic, which threaten to make these areas economically devastated, largely uninhabitable, and unusable; and
Whereas, the Filipino-American community, including the National Federation of Filipino American Associations (NFFAA) and various church groups, such as the Church Coalition for Human Rights in the Philippines and the 20th General Synod of the United Church of Christ (United States), have expressed grave concern for the United States government's lack of response and responsibility over its legacy of toxic wastes in the Philippines; and
Whereas, The Filipino Coalition for Solidarity, Inc., a civil rights group based in Hawaii, is spearheading the information campaign in Hawaii regarding this issue: Now, therefore, be it
Resolved by the House of Representatives of the Twentieth Legislature of the State of Hawaii, Regular Session of 2000, That the Legislature expresses its strong concern for the serious environmental problems caused by toxic wastes left behind by the United States and the grave threat these wastes pose to public health in the communities adjoining its former bases in Clark and Subic; and be it further
Resolved, That the Legislature calls on the United Sates government to assist the Philippines, which has neither the funds nor the technical capacity to conduct an environmental clean up, as it has already done in cleaning up toxic contamination in overseas United States military bases in Germany, Italy, the United Kingdom, and in other countries; and be it further
Resolved, That certified copies of this Resolution be transmitted to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of State, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the members of Hawaii's congressional delegation, the Governor of Hawaii, the President of the Philippines, the President of the Philippines Senate, and the Speaker of the Philippines Senate, and the Speaker of the Philippines House of Representatives.
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POM-559. A joint resolution adopted by the General Assembly of the Commonwealth of Virginia relative to the United States Army Museum; to the Committee on Armed Services.
House Joint Resolution No. 207
Whereas, the Department of the Army has been granted approval by Congress to establish a national United States Army Museum; and
Whereas, several sites are being considered by Congress for the location of this museum, including Fort Belvoir in Fairfax County; and
Whereas, Fort Belvoir is located near Mount Vernon, the residence of George Washington, the first President of the United States and Commander-in-Chief; and
Whereas, locating the United States Army Museum in Virginia would enhance Virginia's tourism and economic development efforts; and
Whereas, locating the United States Army-Museum at Fort Belvoir is a logical choice due to its proximity to Washington, D.C., the Pentagon, and Arlington Cemetery: Now, therefore, be it
Resolved by the House of Delegates, the Senate concurring, That the Congress of the United States be urged to establish the national United States Army Museum at Fort Belvoir, Virginia; and, be it
Resolved further, That the Clerk of the House of Delegate transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation in order that they may be apprised of the sense of the General Assembly of Virginia in this matter.
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POM-560. A joint resolution adopted by the Legislature of the State of California relative to commercial marketing; to the Committee on Commerce, Science, and Transportation.
Assembly Joint Resolution No. 50
Whereas, The death penalty was originally instituted in California in 1851 under the Criminal Practices Act and reinstated in 1978; and
Whereas, Due to the heinous nature of crimes that are punishable by the death penalty, only 5 percent of murderers reside on death row; and
Whereas, The international retail corporation, the United Colors of Benetton, has glamorized death row inmates through photos and interviews, in order to sell Benetton products; and
Whereas, Such ``shock marketing'' perversely profiles criminals who have committed grossly inhuman acts of murder; and
Whereas, The 26 criminals profiled by Benetton have murdered at least 45 innocent victims; and
Whereas, The advertisement campaign is causing unnecessary pain and distress to the family and friends of the murder victims; and
Whereas, This marketing constitutes a flippant ``style statement'' in what has been, and should remain, a serious issue for responsible public debate; and
Whereas, A good corporate citizen must maintain a good standard of ethics and respect the bounds of responsible discourse concerning matters of policy dealing with the lives of citizens and the values of law-abiding citizens; and
Whereas, The glamorization of death row inmates in Benetton's marketing campaign does not appear to be consistent with being a good corporate citizen: Now, therefore, be it
Resolved by the Assembly and Senate of the State of California Jointly. That Benetton's glorification of criminals for profit is both inappropriate and insensitive to the families of the victims; and be it further
Resolved, That the Members of the Assembly and Senate of the State of California encourage all citizens in California to express to the United Colors of Benetton, in whatever manner they deem most effective, their opinion of the inappropriate and insensitive death row marketing campaign 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, the Majority Leader of the Senate, the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, to the President of the United States Chamber of Commerce, the President of the California Chamber of Commerce, the Chairman of the New York Stock Exchange, and the Chairman of the Board of the United Colors of Benetton.
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POM-561. A joint resolution adopted by the General Assembly of the State of Colorado relative to the Federal Communications Commission; to the Committee on Commerce, Science, and Transportation.
Senate Joint Resolution 00-031
Whereas, According to its comprehensive plan and its duly adopted zoning regulations, the Board of County Commissioners of Jefferson County, Colorado denied an application by Lake Cedar Group, LLC, to rezone land on Lookout Mountain from residential and agricultural zoning to planned development zoning in order to allow construction of an 854-foot telecommunications supertower and a 26,000 square foot support building; and
Whereas, Such decision was a quasi-adjudicative decision based on factual evidence presented to the Jefferson County Board of County Commissioners and application of applicable legal standards and as such can be appealed judicially to Jefferson County District Court, which court is fully empowered to grant full and appropriate relief to the appellant if appropriate under the facts of the case; and
Whereas, Lake Cedar Group filed an appeal of Jefferson County's decision in Jefferson County District Court, which appeal is now pending the filing of briefs by the parties; and
Whereas, Despite the pending judicial appeal, and after Jefferson County spent several months preparing the voluminous record of proceedings for the Jefferson County District Court action, Lake Cedar Group, without notifying the Jefferson County Board of County Commissioners or any other interested party, filed a petition with the Federal Communications Commission (FCC) requesting the FCC to
``preempt'' Jefferson County's decision and to declare Jefferson County's decision ``prohibited and unenforceable''; and
Whereas, By Public Notice dated April 10, 2000, the FCC seeks public comment on Lake Cedar Group's petition; and
Whereas, In the United States, control over individual land use decisions is firmly vested in local governments, through statutory delegation from state governments; and
Whereas, The FCC is barred by the 10th Amendment to the United States Constitution from attempting to preempt decisions made by local governments on individual land use applications because the United States Congress has not directed or authorized the FCC to preempt such local decisions; and
Whereas, The FCC lacks not only the authority, but also the expertise and any adopted standards to second-guess and invalidate local government land use decisions; and
Whereas, Any attempt by the FCC to preempt local government land use decision-making in this manner would represent an illegal, unauthorized, and unjustified attack on state- and local-government land use authority; Now, therefore, be it
Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado, the House of Representatives concurring herein: That the General Assembly of the State of Colorado hereby encourages the FCC not to preempt local government land use decision-making and state judicial processes, thus overriding local and state government authority; and be it further
Resolved, That copies of this Joint Resolution be sent to the President of the United States Senate; the Speaker of the United States House of Representatives; each member of Colorado's Congressional delegation; each member of the House of Representatives Subcommittee on Telecommunications, Trade and Consumer Protection of the Committee on Commerce; the Governor of Colorado; and the Commissioners of the Federal Communications Commission.
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POM-562. A concurrent resolution adopted by the Legislature of the State of Louisiana relative to Internet taxation; to the Committee on Commerce, Science, and Transportation.
House Concurrent Resolution No. 9
Whereas, the Internet is a collection of computer networks that enables people to communicate electronically with people in other states and nations around the world and millions of organizations and consumers are taking advantage of this technological innovation to transact electronic interstate commerce; and
Whereas, business-to-consumer sales transacted through the Internet have increased the interstate commerce of items which have traditionally been sold in intrastate commerce, increasing competition between traditional ``main street'' family businesses and interstate mail order and electronic commerce businesses; and
Whereas, under current federal court decisions, some Internet vendors and other remote sellers cannot be legally compelled to collect sales and use taxes from consumers in other states; and
Whereas, the difficulties in requiring sales and use tax collections from remote sellers place local ``main street'' merchants at an unfair competitive disadvantage and the Internet and Internet vendors should not receive preferential tax treatment at the expense of such merchants; and
Whereas, state sales and use tax collections comprise a substantial percentage of state revenues; and
Whereas, states have the primary responsibility for the delivery of education, public safety, transportation, and health and human services; and
Whereas, the projected growth of electronic commerce transactions will have a substantial negative impact on state sales and use tax collections; and
Whereas, the federal Internet Tax Freedom Act has temporarily limited the states' ability to design new taxing schemes to keep up with today's rapidly transforming technology-drive economy; and
Whereas, prior to the end of the moratorium period imposed by the Internet Tax Freedom Act, the United States Congress will be charged with the responsibility to decide the future course of taxation of the Internet, possibly to the detriment of state and local governments and traditional ``main street'' merchants: Therefore, be it
Resolved, That the Louisiana Legislature does hereby memorialize the United States Congress to consider the needs of state and local governments and local ``main street'' retailers when determining a course of action regarding Internet taxation; be it further
Resolved, That a copy of this Resolution be transmitted to the presiding officers of the Senate and the House of Representatives of the Congress of the United States of America and to each member of the Louisiana congressional delegation.
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POM-563. A concurrent resolution adopted by the Legislature of the State of Louisiana relative to the Migratory Bird Treaty Act; to the Committee on Appropriations.
House Concurrent Resolution No. 23
Whereas, the Migratory Bird Treaty Act of 1972 as amended
(16 U.S.C. 701 et seq.) was enacted to protect and manage migratory birds in the United States and includes the regulation of taking, possessing, transporting, shipping, exporting, and importing of migratory birds; and
Whereas, the enforcement of those laws and regulations is essential to the goal of the Migratory Bird Treaty Act, enforcement which, in the state of Louisiana, is the responsibility of the enforcement division of the Department of Wildlife and Fisheries; and
Whereas, the hunting of migratory birds is a widespread recreational and tourist activity in the state of Louisiana with an economic impact in the state in excess of $131 million, including an annual harvest of over 3.5 million birds by more than 128,000 hunters participating in over 1.7 million hunting trips; and
Whereas, with that level of activity in the state of Louisiana, the enforcement division of the Department of Wildlife and Fisheries is confronted with the monumental task of enforcement of the provisions of the Migratory Bird Treaty Act, violations of which are estimated to have an annual negative impact on the state's economy of nearly $8.2 million; and
Whereas, the enforcement division of the Department of Wildlife and Fisheries has performed this responsibility through the years and, in fact, has issued more than eighty-nine percent of the citations issued for violations of the Migratory Bird Treaty Act, all without the benefit of federal monetary support for its efforts: Therefore, be it
Resolved, That the Louisiana Legislature does hereby memorialize the U.S. Congress to authorize and appropriate sufficient funds to the enforcement division of the Department of Wildlife and Fisheries to enable the enforcement of the Migratory Bird Treaty Act, and to enable efforts for conservation and protection of the migratory birds required by that Act; be it further
Resolved, That a copy of this Resolution be forwarded to the presiding officers of the House of Representatives and the Senate of the U.S. Congress and to each member of the Louisiana congressional delegation.
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POM-564. A joint resolution adopted by the General Assembly of the Commonwealth of Virginia relative to highway rest stops; to the Committee on Appropriations.
House Joint Resolution No. 103
Whereas, it is a well-established fact that driver fatigue is a major factor contributing to highway accidents; and
Whereas, federal law prescribes limits on the number of continuous hours truckers may drive and the length of time they must rest before driving again; and
Whereas, one of the most convenient places where long-haul truckers could break their trip and get the rest they need to operate safely is rest stops along interstate highways; and
Whereas, this option is not realistically open to truckers, because the Commonwealth limits vehicle stays at these rest stops to no more than two hours; and
Whereas, the cost of motel rooms and the inability of many motel parking lots to accommodate large tractor-trailer combinations make use of motels an impractical option for truckers seeking to get their required rest as prescribed by federal law; and
Whereas, construction of additional interstate highway rest stops and expansion of existing facilities would enable truckers to comply with federal hours-of-service requirements safely and inexpensively, resulting in fewer highway accidents and improved safety for the motoring public: Now, therefore, be it
Resolved by the House of Delegates, the Senate concurring, That the Congress of the United States be urged to provide federal funding for expansion of certain highway rest stops and for construction of additional interstate highway rest stops and, be it
Resolved further, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation in order that they may be apprised of the sense of the General Assembly of Virginia in this matter.
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POM-565. A joint resolution adopted by the Legislature of the State of California relative to hemophilia relief; to the Committee on Appropriations.
Assembly Joint Resolution No. 55
Whereas, The Ricky Ray Hemophilia Relief Fund Act of 1998
(P.L. 105-369) was enacted by Congress to provide for compassionate payments to individuals with blood-clotting disorders, such as hemophilia, who contracted the human immunodeficiency virus due to contaminated blood products; and
Whereas, In its review of the events surrounding the HIV infection of thousands of people with blood-clotting disorders, such as hemophilia, a 1995 study, entitled ``HIV and the Blood Supply,'' of the Institute of Medicine found a failure of leadership and an inadequate institutional decisionmaking process in the system responsible for ensuring blood safety, concluding that a failure of leadership led to less than effective donor screening, weak regulatory actions, and insufficient communication to patients about the risk of AIDS; and
Whereas, It is important for both the federal and state government to halt immediately the funding of a product or program if they become aware of a risk of infection when using the product and have not informed the public; and
Whereas, This legislation, named after a teenage hemophiliac who died from AIDS, was enacted to provide financial relief to the families of hemophiliacs who were devastated by the federal government's policy failure in its handling of the AIDS epidemic; and
Whereas, Although the relief bill has been enacted into law, Congress has been reluctant to fund it: Now, therefore, be it
Resolved by the Assembly and Senate of the State of California, jointly, That the Legislature of the State of California respectfully memorializes the President and the Congress of the United States to fully fund the Ricky Ray Hemophilia Relief Fund, enacted into law under the Ricky Ray Hemophilia Relief Fund Act of 1998, so that there is no delay between the authorization and the timely appropriation of this relief; and be it further
Resolved, That the President and the Congress of the United States are respectfully urged to withhold the appropriation of funds to programs that have not clearly disclosed to the consumer the risks of infection for a product the program manufactures or distributes; 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, and to each Senator and Representative from California in the Congress of the United States.
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