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 U.S. Dept of Agriculture was published in the Senate section on pages S8035-S8038 on July 23, 2009.
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-58. A resolution adopted by the Senate of the State of Louisiana urging Congress to address the escalating electronic payment interchange rates that merchants and consumers are assessed; to the Committee on Banking, Housing, and Urban Affairs.
Senate Resolution No. 131
Whereas, improved technology combined with consumer convenience has caused a rise in credit and debit card electronic payment systems; and
Whereas, in order for merchants to accept these payment systems, merchants are required to enter into an unfair contractual relationship with the credit card companies and their member banks; and
Whereas, in exchange for the electronic payment system, merchants must pay interchange fees and these interchange fees are usually hidden and not disclosed to the consumer; and
Whereas, credit card companies increase interchange fees and change the terms of merchant contract agreements without providing sufficient written or electronic notice to card accepting merchants; and
Whereas, the interchange fees are ultimately passed on to the consumers, including those who pay with cash or a check and who, in effect, subsidize rewards given to credit card customers; and
Whereas, the number of rewards cards in circulation is rapidly increasing, and the new rewards cards carry higher interchange fees and therefore, are more costly for both merchants and consumers; and
Whereas, merchants are contractually obligated to accept all cards from a credit card issuer and may not refuse payment from a card charging higher interchange rates; and
Whereas, the interchange fees, including those paid on food and gasoline, are typically almost double the profit margin of the merchant; and
Whereas, traditional economic models are not applicable because merchants are forced to accept contractual terms dictated often without notice or recourse; and
Whereas, small businesses struggle to absorb the constant increases in the cost of accepting electronic payments; and
Whereas, it is advantageous that economic models facilitate a highly competitive marketplace; and
Whereas, the increased consumer use of electronic payments requires Congress to assure the existence of a highly competitive and vibrant market that promotes an economic playing field that is fair to consumers, merchants, and card providers: Therefore, be it
Resolved, That the Senate of the Legislature of Louisiana hereby memorializes the Congress of the United States to address the escalating electronic payment interchange rates that merchants and consumers are assessed. Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress.
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POM-59. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress, the Governor of Louisiana, the Department of Economic Development, the Department of Agriculture and Forestry, and the Public Service Commission, to assist in putting wood to electricity projects on a commensurate funding and taxation level with wind and solar generated electricity; to the Committee on Energy and Natural Resources.
Senate Concurrent Resolution No. 49
Whereas, the major focus of the Wood Products Development Foundation is the expansion or development of new uses of wood and wood waste products that result in a positive impact on the economic conditions of the state; and
Whereas, the timber industry has experienced a serious decline in recent years, and this downturn will continue unless new use sources are developed in the immediate future; and
Whereas, after studying numerous potential industries, the foundation determined a project that used wood and wood waste products to create electricity would be the most economically viable expansion of raw wood products for the long term; and
Whereas, the use and need for electricity will continue to increase, and these projects will provide a renewable, green source of electric power that does not affect the nation's food supply or demand for food-based agricultural products and materials for an indefinite period; and
Whereas, these wood to electricity projects provide an additional market for raw wood products even in a distressed market, provide an additional source of electricity at a market rate that is carbon neutral, and provide a dedicated electrical source available locally to supply viable defense structures and critical facilities in times of natural disasters; and
Whereas, the foundation has completed plans for two centrally located plants within the state that will use wood waste products from wood producers in the vicinity; and
Whereas, the electrical production will be made equally available to wood-related industries and a grid for the benefit of low-income households within reasonable vicinity of the plant sites; and
Whereas, the two proposed projects will inject sixty million dollars into the economy in terms of construction and start-up costs and will create a minimum of thirty permanent full-time jobs at the plant sites and approximately one hundred jobs for suppliers of the wood fuel feedstock; and
Whereas, in the last several months, significant regional job losses in the wood industry make this effort even more vital to securing new alternatives for value-added market activity related to the wood resources of the state; and
Whereas, there is a current need for additional funding to complete the necessary regulatory, environmental, engineering, and administrative functions to fulfill the requirements for construction loan approvals: Therefore, be it
Resolved, That the Legislature of Louisiana does hereby urge and request the Louisiana congressional delegation, the governor, the Department of Economic Development, the Department of Agriculture and Forestry, and the Public Service Commission to assist in providing funding for any necessary additional requirements, documentation, or studies that may be needed to secure long-term funding, and to assist in developing state and federal policies for wood to electricity projects that put them on a commensurate funding and taxation level with wind and solar generated electricity: Be it further
Resolved, That a copy of this Resolution be transmitted to the Louisiana congressional delegation, the governor, the Department of Economic Development, the Department of Agriculture and Forestry, and the Public Service Commission.
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POM-60. A concurrent resolution adopted by the Senate of the State of Louisiana expressing continued support for the Coastal Restoration and Enhancement Through Science and Technology Program for its role in providing new research and scientific information for coastal restoration; to the Committee on Environment and Public Works.
Senate Concurrent Resolution No. 20
Whereas, the Legislature of Louisiana expressed its support for the CREST Program in Senate Concurrent Resolution No. 21 of the 2008 First Extraordinary Session of the Legislature; and
Whereas, the CREST Program and its member educational institutions in Louisiana and Mississippi are continuing to work to provide applied research in innovative and practical technologies to meet the urgent need for coastal restoration and protection and to support a new generation of restoration scientists drawn from students working in science and engineering; and
Whereas, one of CREST's aims is to help policymakers, planners and coastal resource managers use the latest science and best technologies to ensure sustainable and productive coastal habitats and communities; and
Whereas, the CREST Program has been funded on an annual
``add-on'' basis in the federal budget and is therefore highly vulnerable to loss of its funding, a situation which would be improved by having the program become a regular part of the budget for the National Oceanic and Atmospheric Administration; and
Whereas, research funded by CREST has helped to improve barrier island restoration, marsh terracing, and re-vegetation techniques, to develop water and sediment budget needed for sustaining the Chenier Plain, and to understand the effects of Hurricane Katrina on the marsh areas below the Caernarvon Freshwater Diversion structure: Therefore, be it
Resolved, That the Legislature of Louisiana does hereby express continued support for the Coastal Restoration and Enhancement Through Science and Technology Program for its role in providing new research and scientific information for coastal restoration and protection: Be it further
Resolved, That a copy of this Resolution be transmitted to the president of the United States, the administrator of the National Oceanic and Atmospheric Administration, the director of Coastal Restoration and Enhancement Through Science and Technology Program, and to each member of the Louisiana delegation to the United States Congress.
POM-61. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress to enact legislation to adjust the Federal Medical Assistance Percentage rules to ameliorate the unintended negative impact caused by the infusion of disaster relief funding, both in public and private, into Louisiana's and other state's economies following major disasters; to the Committee on Finance.
Senate Concurrent Resolution No. 137
Whereas, in 2005 and 2008, Louisiana was struck by hurricanes Katrina, Rita, Gustav, and Ike, collectively requiring billions of dollars of federal and private assistance to the state; and
Whereas, the people of Louisiana are grateful for the support of the American people and of the United States Congress as the state is recovering from these catastrophic events; and
Whereas, coastal states, such as Florida, Mississippi and Texas, and other states, such as Iowa, have recently experienced significant disasters related to either hurricanes or flooding, and coastal states can reasonably expect to experience similar calamities in the future; and
Whereas, after a disaster resulting in massive and wide spread damage to public and private property, economic activity may temporarily significantly increase as the state and local communities endeavor to rebuild; and
Whereas, due to the increased economic activity resulting from hurricanes Katrina and Rita, Louisiana's per capita personal income saw an unusual and extraordinary increase of forty-two percent from 2005 through 2007; and
Whereas, the per capita personal income for Louisiana grew by six point eight percent from 2000 through 2005; and
Whereas, the bureau of economic analysis of the U.S. Department of Commerce stated in its 2007 report entitled State Personal Income, that ``Louisiana grew ten point five percent in 2007, down from twenty point six percent in 2006,'' and that ``these growth rates are substantially higher than any other state''; and
Whereas, the bureau further reported that, ``the rental income component of Louisiana personal income was boosted by five point four billion dollars of Road Home subsidies from the U.S. Department of Housing and Urban Development,'' and that much of the per capita personal income gain in Louisiana
``is accounted for by the Road Home subsidies which average nearly twelve hundred fifty dollars per Louisiana resident''; and
Whereas, evidence shows that even though the per capita personal income had grown by forty-two percent from 2005 through 2007, median income has remained stable which indicates that real personal income has not grown in a sustained way; and
Whereas, the bureau of economic analysis captures not only the economic activity generated by the receipt of government disaster relief payments but receipt of insurance payments that would not have occurred but for the hurricanes--activity which, when included in the overall calculations of per capita personal income are extremely difficult to disaggregate for attribution to specific causes as the spending percolates throughout the economy; and
Whereas, the increased economic activity in Louisiana in 2006 and 2007 is clearly a direct result of the rebuilding that occurred in the aftermath of hurricanes Katrina and Rita and this economic activity led to a corresponding increase in per capita personal income in Louisiana in 2006 and 2007; and
Whereas, accurate considerations of per capita personal income are important because federal law establishes the formula by which the FMAP for each state is determined based on a comparison of each states per capita personal income to the per capita income personal income of the United States as calculated by the bureau of economic analysis; and
Whereas, when a state's per capita personal income increases relative to the average of the United States, the state's FMAP decreases; and
Whereas, according to the federal formula, the increase in per capita personal income in Louisiana in 2006 and 2007 will have the unintended consequence of reducing Louisiana's FMAP for federal fiscal years 2010 and 2011; and
Whereas, Louisiana's FMAP will decrease to 67.61% in federal fiscal year 2010 and to 63.16% in federal fiscal year 2011, a total decrease of 6.53% over two years, the largest decline of any state; and
Whereas, Louisiana's FMAP is temporarily enhanced to eighty percent as a result of the enactment of the American Recovery and Reinvestment Act of 2009 (ARRA), but that enhanced FMAP will terminate on December 31, 2010; and
Whereas, Louisiana's FMAP will drop precipitously from eighty percent to sixty-three point sixteen percent on January 1, 2011, and this loss in federal match will annualize to approximately one billion dollars; and
Whereas, Louisiana has demonstrated a significant commitment to its programs for providing health care access to the poor by investing in substantial sums of state general fund dollars through Medicaid, SCHIP and a statewide system of public hospitals, all of which to combine to provide a safety net for a state with low income and significant provider access problems, and such a drastic reduction in Louisiana's FMAP will have devastating impact on the state's infrastructure for caring for the poor; and
Whereas, the presumed purpose for using the per capita personal income as a basis for the calculation of FMAP is to ensure resources are directed to states which are more likely to have low-income populations, and thus, a more significant burden on the Medicaid program; and
Whereas, Louisiana's Medicaid program has not seen a decrease in enrollment after hurricanes Katrina and Rita, but rather an increase, and thus, from an economic perspective, it is clear the purpose for utilizing per capita personal income as the primary driver of the state's FMAP cannot be accurately and fairly applied to Louisiana during the period following the temporary increase in economic activity; and
Whereas, the Louisiana Legislature does not accept that it is the intention of the United States Department of Health and Human Services or the United States Congress, through an artifact of the FMAP formula, to financially penalize Louisiana and other states working to rebuild their communities after major disasters: Therefore, be it
Resolved, That the Legislature of Louisiana memorializes the Congress of the United States to enact legislation to adjust the Federal Medical Assistance Percentage rules to ameliorate the unintended negative impact caused by the infusion of disaster relief funding, both public and private, into Louisiana's and other state's economies following major disasters; Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress.
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POM-62. A concurrent resolution adopted by the Senate of the State of Louisiana affirming Louisiana's sovereignty under the Tenth Amendment to the Constitution of the United States of America over all powers not otherwise enumerated and granted to the federal government by the Consitution of the United States of America.
Senate Concurrent Resolution No. 2
Whereas, the Tenth Amendment to the Constitution of the United States of America reads as follows: ``The powers not delegated to the United States by the Constitution, nor prohibited by it to the states are reserved to the states respectively, or to the people''; and
Whereas, the Tenth Amendment to the Constitution of the United States of America defines the total scope of federal power as being that specifically granted to the Constitution of the United States of America and no more; and
Whereas, the Tenth Amendment to the Constitution of the United States of America means that the federal government was created by the states specifically to be an agent of the states; and
Whereas, today, in 2009, the states are demonstrably treated as agents of the federal government; and
Whereas, many powers assumed by the federal government as well as federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States of America; and
Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
Whereas, a number of proposals from previous administrations and some pending with the present administration as well as from Congress may further violate the Constitution of the United States of America: Therefore, be it
Resolved, That the Legislature of Louisiana memorializes the Congress of the United States of America that the legislature affirms Louisiana's sovereignty under the Tenth Amendment to the Constitution of the United States of America over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States of America; Be it further
Resolved, That the Legislature of Louisiana also demands that the federal government halt and reverse its practice of assuming powers and imposing mandates upon the states for purposes not enumerated by the Constitution of the United States of America; Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress and to the president of the United States of America and to the governor of Louisiana.
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POM-63. A concurrent resolution adopted by the Senate of the State of Louisiana urges Congress to adopt and submit to the states for ratification a proposed amendment to the Constitution of the United States to require a federal balanced budget; to the Committee on the Judiciary.
Senate Concurrent Resolution No. 8
Whereas, as the country copes with economic challenges beyond those this generation has experienced, a host of ideas and proposals have been put forth in an effort to alleviate economic stress; and
Whereas, the complexities of the problems facing the nation are mirrored in the variety of stimulus legislation proposals and many valid projects are being suggested, including those rebuilding the country's infrastructure; and
Whereas, the Congress of the United States has repeatedly repealed statutory requirements that mandate a balanced federal budget, making it abundantly clear that it lacks an understanding of fiscal discipline and restraint; and
Whereas, the repeated practice by the Congress of the United States of engaging in deficit spending and the accumulation of national debt endangers the jobs, incomes, retirement security, and welfare of the American people; and
Whereas, such deficits and debt also increase pressure to raise taxes on the American people; and
Whereas, Article V of the Constitution of the United States provides that an amendment to the constitution may be proposed by Congress, or on the application of the legislatures of two-thirds of the states, thereby Congress is required to call a constitutional convention for the purpose of proposing an amendment which shall become part of the constitution when ratified by the legislatures of three-fourths of the several states; and
Whereas, forty-nine states have balanced budget requirements, thirty-one of which mandate constitutionally that their budgets shall be balanced:
Therefore, be it
Resolved, That the Legislature of Louisiana memorializes the Congress of the United States to adopt and submit to the states for ratification a proposed amendment to the Constitution of the United States to require a federal balanced budget; Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress.
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POM-64. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress and the Attorney General of the United States and the Federal Bureau of Prisons to refrain from sending detainees released or transferred from the facilities at Guantanamo Bay Detention Facility, Cuba to prisons in Louisiana; to the Committee on the Judiciary.
Senate Concurrent Resolution No. 4
Whereas, since the United States began its Global War on Terrorism in 2001, alleged terrorists captured by the United States and their allies have been detained in the facilities at Guantanamo Bay Detention Facility (GTMO), Cuba; and
Whereas, the detainee complex at Guantanamo Bay, Cuba, is the only complex in the world that has been established solely to safely and humanely hold individuals that pose a high-security risk to the United States; and
Whereas, GTMO is a secure location, away from the United States population, in general, and population centers, most especially, which provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based upon the level of compliance of the detainee, and provides medical care not available to a majority of the population of the world; and
Whereas, GTMO houses two hundred forty-five detainees from over thirty countries who include terrorist trainers, terrorist financiers, bomb makers, suspected Al-Qaeda recruiters and facilitators, and would-be suicide bombers; and
Whereas, in 2007, the Senate of the United States passed a resolution by a vote of 94-3, stating ``detainees housed at Guantanamo should not be released into American society, nor should they be transferred stateside into facilities in American communities and neighborhoods''; and
Whereas, despite the best efforts of the Federal Bureau of Prisons, these detainees, if transferred stateside to facilities in American communities and neighborhoods, would present a significant threat to the American people at large, and, most especially, to those people located near any federal detention facility; and
Whereas, several federal detention facilities are located in the state of Louisiana, any of which could potentially house detainees released from GTMO; and
Whereas, any housing of these detainees in Louisiana would present a high risk and a clear and present danger to all Louisianians: Therefore, be it
Resolved, That the Legislature of Louisiana memorializes the Congress of the United States and urges and requests the Attorney General of the United States and the Federal Bureau of Prisons to refrain from sending detainees released or transferred from the facilities at Guantanamo Bay Detention Facility (GTMO), Cuba to prisons in Louisiana; Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives, to each member of the Louisiana delegation to the United States Congress, to the Attorney General of the United States, and to the director of the Federal Bureau of Prisons.
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POM-65. A resolution adopted by the House of Representatives of the State of Louisiana urging Congress to establish an additional classification for airports; to the Committee on Commerce, Science, and Transportation.
House Resolution No. 120
Whereas, the only airports or portions of airports eligible for Airport Improvement Program (AIP) funding are public use airports that serve civil aviation; and
Whereas, airport classifications serve as a framework for describing the existing function of each airport in the system and as reference for evaluating how system airports have changed their functions or are projected to change their functions as a result of accommodating forecast demands; and
Whereas, federal law defines airports by categories of airport activities, including commercial service, primary, cargo service, reliever, and general aviation: Therefore, be it
Resolved, That the House of Representatives of the Legislature of Louisiana memorializes the Congress of the United States to establish an additional classification for airports that have:
(1) Monthly operations in excess of two thousand five hundred.
(2) Airport buildings or other airport facilities in excess of five hundred thousand square feet and valued over fifty million dollars.
(3) Industrial and other business-related tenants.
(4) Activity that generates fuel sales in excess of one million five hundred thousand gallons of jet fuel or aviation gas per year.
(5) Economic impact in the local economy of twenty million dollars per year.
(6) A requirement for a functioning air traffic control tower: Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress.
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POM-66. A resolution adopted by the Senate of the State of Louisiana urging Congress to establish an additional classification for airports; to the Committee on Commerce, Science, and Transportation.
Senate Resolution No. 123
Whereas, the only airports or portions of airports eligible for Airport Improvement Program (ALP) funding are public use airports that serve civil aviation; and
Whereas, airport classifications serve as a framework for describing the existing function of each airport in the system and as reference for evaluating how system airports have changed their functions or are projected to change their functions as a result of accommodating forecast demands; and
Whereas, federal law defines airports by categories of airport activities, including commercial service, primary, cargo service, reliever, and general aviation: Therefore, be it
Resolved, That the Legislature of Louisiana memorializes the Congress of the United States to establish an additional classification for airports that have:
(1) Monthly operations in excess of two thousand five hundred dollars;
(2) Airport buildings or other airport facilities in excess of five hundred thousand square feet and which are valued over fifty million dollars;
(3) Industrial and other business related tenants;
(4) Activity that generates fuel sales in excess of one million five hundred thousand gallons of jet fuel or aviation gas per year;
(5) An economic impact in the local economy of twenty million dollars per year; or
(6) A requirement for a functioning air traffic control tower: Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress.
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POM-67. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress to enact the Credit Card Accountability, Responsibility, and Disclosure Act; to the Committee on Commerce, Science, and Transportation.
Senate Concurrent Resolution No. 47
Whereas, citizens have been adversely affected by the economic recession; and
Whereas, almost eighty percent of American households have credit cards; and
Whereas, the average outstanding credit card balance for those households was over ten thousand dollars; and
Whereas, credit card delinquency rates have risen over sixty percent since 2005; and
Whereas, many of the largest credit card issuers have received billions of dollars in taxpayer funded federal bailout funds; and
Whereas, the Credit Card Accountability, Responsibility, and Disclosure Act is currently pending before Congress; and
Whereas, if enacted, the Credit Card Accountability, Responsibility, and Disclosure Act would enact many consumer protections, including:
1. Protection of consumers from arbitrary interest rate, fee and finance charges, and prohibiting universal default on existing balances.
2. Prohibiting interest charges on paid-off balances from the previous billing cycle.
3. Protecting students and other young consumers from aggressive credit card solicitations.
4. Ensuring that payments are fairly allocated to the account with the highest interest rate first.
5. Requiring greater disclosure of rates, terms, and billing details by credit card companies.
6. Establishing tougher penalties for credit card companies that violate the law: Therefore, be it
Resolved, That the Legislature of Louisiana memorializes the Congress of the United States to enact the Credit Card Accountability, Responsibility, and Disclosure Act; Be it further
Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress.
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