Congressional Record publishes “PETITIONS AND MEMORIALS” on Oct. 22, 2003

Congressional Record publishes “PETITIONS AND MEMORIALS” on Oct. 22, 2003

ORGANIZATIONS IN THIS STORY

Volume 149, No. 149 covering the 1st Session of the 108th Congress (2003 - 2004) 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 Department of Interior was published in the Senate section on pages S13049-S13052 on Oct. 22, 2003.

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:

POM304. A resolution adopted by the Senate of the Legislature of the State of Wisconsin relative to a tax on Internet access; to the Committee on Commerce, Science, and Transportation.

Senate Resolution No. 18

Whereas, the emergence of the Internet as a means of communication has profoundly influenced our society and will pave the way for the global marketplace; and

Whereas, Wisconsin is one of only 8 states that imposes a sales tax on Internet access, thereby putting Wisconsin companies that conduct business over the Internet at a competitive disadvantage; and

Whereas, the U.S. Department of Commerce has estimated that wealthy Americans are 20 times more likely to have Internet access, while Hispanics and African Americans are far less likely to have Internet access; and

Whereas, there is a growing ``digital divide'' between those citizens able to access the technology of the new economy and those who cannot; and

Whereas, increased access to the Internet will create jobs and contribute to economic development; and

Whereas, taxing access to the Internet will make access to the Internet less affordable and therefore less available; and

Whereas, taxing Internet access contributes to this condition and unfairly burdens citizens who are least able to afford Internet access; and

Whereas, the Wisconsin legislature has previously voted to repeal the state's sales tax on Internet access thus demonstrating its commitment to making sure that Wisconsin is on the leading edge of this new technology and providing incentives for even more access and creative use of the Internet: Now, therefore, be it

Resolved by the Senate, That the members of the Wisconsin senate memorialize Congress to pass legislation that will immediately and permanently prohibit any state from imposing a tax on access to the Internet; and be it further

Resolved, That the Senate chief shall provide a copy of this resolution to the governor, to each member of the Wisconsin congressional delegation, to the president and vice president of the United States, to each member of the president's cabinet, and to the secretary of the U.S. Senate and clerk of the U.S. House of Representatives.

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POM-305. A joint resolution adopted by the Legislature of the State of Maine relative to the Head Start Program; to the Committee on Health, Education, Labor, and Pensions.

POM-306. A concurrent resolution adopted by the House of Representatives of the General Assembly of the State of Ohio relative to the Human Cloning Prohibition Act of 2003; to the Committee on Health, Education, Labor, and Pensions.

House Concurrent Resolution No. 6

Whereas, the human embryo is a living organism of the species Homo sapiens at the earliest stages of development

(including the single-celled stage), and human cloning a human being at the embryonic stage of life and grows this new human being solely to be exploited (``reproductive cloning) or destroyed (so-called ``therapeutic'' cloning) through nontherapeutic research and experimentation; and

Whereas, human cloning is a manufacturing process in which a human being is created in a laboratory; human cloning indicates a utilitarian view in which a human being is created merely for usefulness with no respect for the dignity of that human being; and human cloning creates a human being who is the twin of a parent, has no other biological parent, and is the child of the grandparents, thereby causing serious moral, social, and legal issues; and

Whereas, current human cloning attempts pose a substantial risk of producing human beings with unpredictable but potentially devastating health problems; and

Whereas, such human cloning attempts are grossly irresponsible and unethical; and

Whereas, the United States House of Representatives passed the Human Cloning Prohibition Act of 2001, a complete ban, and the President of the United States has called for a complete human cloning ban; and

Whereas, a complete human cloning ban is achieved by the passage of the Human Cloning Prohibition Act of 2003 as introduced in the United States Senate by Senator Sam Brownback (S. 245) and in the United States House of Representatives by Representative Dave Weldon (H.R. 234) and is not achieved by the passage of other human cloning prohibition acts that allow the creation of human embryos by cloning so long as they are killed for research: Now, therefore, be it

Resolved, That the General Assembly of the State of Ohio urges the 108th Congress of the United States to pass and the President to sign the Human Cloning Prohibition Act of 2003; and be it further * * *

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POM-307. A joint memorial adopted by the Legislature of the State of Washington relative to prescription drug prices; to the Committee on Health, Education, Labor, and Pensions.

Senate Joint Memorial 8001

Whereas, thanks to significant investments in research and development by pharmaceutical manufacturers, prescription medications offer ever more safe, effective, and economical means of managing and treating a widening range of illnesses and conditions; and

Whereas, prescription medications are the most rapidly expanding component of health care in the Northwest and the United States; and

Whereas, the prices of most prescription medications developed and marketed in the United States are relatively high compared to the prices of these same medications in other countries and other markets; and

Whereas, expenditures on prescription medications for Medicaid recipients in Washington has risen substantially in recent years, placing severe strains on the operating budget of the department of social and health services; and

Whereas, the federal government, unlike its counterparts in other countries, applies neither its regulatory authority nor its purchasing power to the prices of prescription medication which consequently are markedly higher in the United States than in other countries; and

Whereas, the United States stands virtually alone among the major countries of the world in recognizing and protecting the legitimate patent rights of companies that develop new prescription medications yet places no reciprocal obligations on these companies to provide reasonable and affordable access to these patent medications; and

Whereas, the federal government, by legislating to ensure relatively low prices for prescription medications purchased by federal agencies like the Veterans' Administration and for federal programs taking similar measures, has exacerbated the impact of prescription medication prices on the citizens of the state; and

Whereas, the high prices of prescription medications weigh most heavily on the least fortunate and most vulnerable citizens, the uninsured and underinsured, as well as those stricken by serious and chronic illnesses and conditions requiring intensive and extensive treatment; and

Whereas, managing prices of prescription medications and expanding access to necessary medication will decrease the overall cost of health care by reducing the demand for hospital visits and emergency services and the need for surgical and other expensive procedures;

Now, therefore, your Memorialists respectfully pray that in seeking to ensure reasonable prescription medication prices for the citizens of Washington, the state of Washington, through its duly elected and appointed officials, should explore the possibility of acting in concert with other Northwest states to pursue this goal; and be it further

Resolved, That the Northwest states should consider cooperative strategies to address the challenge of the high cost of prescription medications, including;

(1) Model legislation to ensure citizens access to prescription medications at reasonable and affordable prices;

(2) Joint pricing and purchasing agreements for prescription medications;

(3) Programs to provide and facilitate access of qualified citizens to supplies of free and discounted prescription medications offered by pharmaceutical manufacturers; and

(4) Initiatives to encourage and ensure medications are prescribed in the most effective manner; and be it further

Resolved, That copies of this Memorial be immediately transmitted to the Honorable Governors of the States of Washington, Oregon, Idaho, Alaska, and Montana, and to the Honorable George W. Bush, President of the United States of America, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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POM-308. A joint memorial adopted by the Legislature of the State of Washington relative to developmentally delayed infants; to the Committee on Health, Education, Labor, and Pensions.

House Joint Memorial 4025

Whereas, infants and toddlers from birth to the age of three with developmental delays and special needs are our most vulnerable population; and

Whereas, research shows that early intervention to assess their needs and initiate intensive, effective therapy can change and improve such a child's ability to function throughout his or her life; and

Whereas, Washington State through research and demonstration at the University of Washington and the state's seventeen Neurodevelopmental Centers has been the leader in assessment and remediation for developmentally delayed infants and toddlers for more than forty years; and

Whereas, therapy before the age of three at one of Washington State's excellent Neurodevelopmental Centers results in a significant percentage of children who need no further intervention or special services provided at federal, state, local, and private expense; and

Whereas, basing early intervention services on an itinerant model will reduce the amount of specialized services for each child and family; and

Whereas, serving all developmentally delayed children outside of centers will more than double the cost to federal, state, local, and private sources; and

Whereas, inclusion for developmentally delayed children in their families, schools, and communities is now and has always been the goal of assessment and treatment for Washington State's seventeen Neurodevelopmental Centers; and

Whereas, support and education of parents, families, and caregivers has been a major component of treatment for children with developmental delays at Washington State's seventeen Neurodevelopmental Centers; and

Whereas, parent choice for the assessment and treatment of their children is an inalienable right; and

Whereas, wording for the original Education for All Act of 1975, now known as Individuals with Disabilities Education Act (IDEA), is taken directly from legislation enacted in Washington State in 1971 (HB 90); and

Whereas, wording in the amended IDEA takes away parent choice of assessment and treatment for their developmentally delayed children in Neurodevelopmental Centers such as the seventeen model Neurodevelopmental Centers in Washington State which have successfully served thousands of children for more than forty years with a constantly improving program;

Now, therefore, your Memorialists respectfully pray that Congress, through its process to reauthorize IDEA, modify the wording regarding ``natural environments'' to allow for parent choice for assessment and treatment of their developmentally delayed infants and toddlers at a Neurodevelopmental Center such as the seventeen outstanding Neurodevelopmental Centers serving children and families in Washington State.

Be it Resolved, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the Secretary of the Department of Education, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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POM-309. A resolution adopted by the House of Representatives of the Legislature of the Commonwealth of Massachusetts relative to the Government Pension Offset Rule; to the Committee on Health, Education, Labor, and Pensions.

Resolution

Whereas, the Government Pension Offset Rule of Title II of the Social Security Act, originally enacted in 1977, went into effect in 1983; and

Whereas, the Government Pension Offset Rule unfairly reduces Social Security benefits that a person receives as a spouse if he or she also has a Government Pension Based on work that was not covered by Social Security; and

Whereas, since its inception, the Government Pension Offset Rule has negatively and unfairly affected over 340,000 Federal, State, and local retirees; and

Whereas, Massachusetts is one of 15 States in which the Government Pension Offset Provision financially impacts Federal and State retirees particularly hard; and

Whereas, the Government Pensions Offset Provision is complicated and difficult to understand for many individuals affected by it; and

Whereas, the Government Pension Offset Rule has uneven results, especially for surviving spouses of low-paid workers; and

Whereas, as of December 2001, 349,000 Government annuitants had their Social Security spousal benefits affected by the Government Pension Offset Rule; and

Whereas, in December 1999, the average offset caused by the Government Pensions Offset Rule was $276 a month for men and

$391 a month for women; and

Whereas, Massachusetts State employees, including teachers, do not pay into the Federal Social Security system and therefore, are unfairly penalized once they reach retirement by the Government Pension Offset Rule; and

Whereas, it is unlikely that people will turn to teaching professions at the end of their careers due to the loss of Social Security benefits they will endure once they leave private sector professions; and

Whereas, individuals who worked all their lives as public servants in teaching professions or social service professions are not eligible to receive Social Security widow's benefits as a result of the Government Pension Offset Rule and are thus unjustly penalized for choosing public sector careers; and

Whereas, the reforms that led to the Government Pension Offset Rule are over 20 years old and outdated; and

Whereas, over the past several years, more than 300 members of Congress have supported or co-sponsored legislation to amend this provision in Title II of the Social Security Act; Therefore be it

Resolved, That the Massachusetts house of representatives respectfully requests the United States Congress to repeal the Government Pension Offset Rule of Title II of the Social Security Act; and be it further

Resolved, That a copy of these resolutions be forwarded by the clerk of the House of Representatives to the President of the United States, to the Presiding Officer of each branch of Congress and to the Members thereof from this commonwealth.

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POM-310. A joint resolution adopted by the Assembly of the State of California relative to the Choinumni Tribe; to the Committee on Indian Affairs.

Joint Resolution No. 8

Whereas, the Choinumni Tribe of Yokuts is a sovereign Indian Nation, located in Fresno County, California, consisting of 103 enrolled and documented members, with its tribal headquarters located approximately 15 miles from Choinumni State Park named in honor of and as recognition of, the Choinumni Tribe; and

Whereas, the leaders of the Choinumni Tribe met with representatives of the United States for treaty negotiations, and a treaty was signed by both the tribal leaders and the United States on April 29, 1851; and

Whereas, the Choinumni Tribe was thus recognized by the United States government as early as 1851; and

Whereas, the Choinumni Tribe signed the treaty, on April 29, 1851, with four other Indian tribes, Picaynue Rancheria, Table Mountain Rancheria, Santa Rosa Rancheria, and Big Sandy Rancheria, all of whom are currently fully federally recognized Indian tribes; and

Whereas, the Choinumni Tribe is the only tribe to have signed this treaty that has not yet been granted full federal recognition; and

Whereas, between 1851 and 1915, the United States government began an unwarranted, hostile relationship with the Choinumni Tribe that forced many of its members to flee into the hills; and

Whereas, around 1887, the United States government granted individual land allotments to some tribal members, but those allotments were devoid of any water or other vital natural resources, forcing surviving tribal members to move to the City of Fresno to seek economic sustainability; and

Whereas, the Congress of the United States has recognized the Choinumni Tribe pursuant to subchapter XXV (commencing with Section 651) of Chapter 14 of Title 25 of the United States Code, which recognition was judicially affirmed by the United States Court of Claims in the case of Indians of California v. United States (1942) 98 Ct.C1. 583; and

Whereas, since the Choinumni Tribe is not listed as an Indian tribe eligible to receive federal programs set aside for Native American tribes, the Choinumni Tribe cannot participate in health, education, and social programs provided by the Bureau of Indian Affairs and the Indian Health Service; and

Whereas, the Choinumni Tribe has long been in a position of poverty that can be corrected by federal recognition; and

Whereas, the Choinumni Tribe has been working since 1959 for federal recognition, including a 1987 application that is still pending; Now, therefore, be it

Resolved by the Assembly and senate of the State of California, jointly, That the Legislature respectfully memorializes the President and the Congress, and the Assistant Secretary for Indian Affairs in the United States Department of the Interior to grant the Choinumni Tribe full federal recognition and all the rights and privileges that arise from that declaration, including listing the tribe in the Federal Register under the relevant provisions of the Federally Recognized Indian Tribe List Act of 1994 (Public Law 103-454), Title I; 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 each Senator and Representative from California in the Congress of the United States, and to the Assistant Secretary for Indian Affairs in the United States Department of the Interior.

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POM-311. A resolution adopted by the House of Representatives of the General Assembly of the State of Ohio relative to establishing a National Funeral Service Education Week; to the Committee on the Judiciary.

House Resolution No. 131

Whereas, the well-planned, thoughtful funeral service, which formally commemorates and celebrates the life of a deceased person, often helps to comfort the person's family and to foster the family's healing process; and

Whereas, in the midst of the emotional distress and upheaval that may accompany the death of a loved one, bereaved families seek reassurance and consolation from funeral directors and morticians and may rely heavily on them for guidance in planning and implementing a meaningful funeral ceremony; and

Whereas, funeral service directors provide invaluable assistance to grieving families by assisting the families in making informed funeral service choices, providing them with information necessary to make funeral service arrangements, and orchestrating meaningful funeral services to memorialize their loved ones; and

Whereas, national funeral organizations have designated the week of September 21 through September 27, 2003, as National Funeral Service Education Week to reflect the efforts by funeral service directors and morticians to help grieving families to commemorate and celebrate the lives of their loved ones; and

Whereas, during the week of September 21 through September 27, 2003, funeral directors and consumer advocates will intensify their efforts to provide consumers with necessary information regarding funeral planning, the arrangement of funeral ceremonies, and the selection of funeral goods and services: Now, therefore, be it

Resolved, That we, the members of the House of Representatives of the 125th General Assembly of the State of Ohio, strongly encourage the Congress of the United States to support efforts to establish National Funeral Service Education Week; and be it further

* * *

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POM-312. A joint resolution adopted by the Legislature of the State of Maine relative to Maine victims of the September 11th tragedy; to the Committee on the Judiciary.

H.P. 1542

Whereas, on September 11, 2001 thousands of innocent people from Maine and across the United States lost their lives and their loved ones or were injured in a shocking assault on the World Trade Center and the Pentagon; and

Whereas, on the same day an airplane hijacked as a part of those cowardly acts crashed in the countryside outside Pittsburgh, Pennsylvania, killing all aboard; and

Whereas, these losses were suffered by ordinary people as they were traveling or were working in buildings that had become symbols of America's extraordinary strength; and

Whereas, millions more people in this nation, and across the world, were sickened as they witnessed walls collapsing into rubble and faces collapsing into horror: Now, therefore, be it

Resolved, That We, the Members of the One Hundred and Twentieth Legislature now assembled in the Second Regular Session, join the citizens throughout Maine in acknowledging and expressing our sorrow to all those who have suffered loss through the deaths of loved ones or injury to themselves; and be it further

Resolved, That We, the Members of the One Hundred and Twentieth Legislature, believe that all those who participated in or sponsored these terrible crimes against humanity should be brought to justice without regard to region or border; and be it further

Resolved, That We, the Members of the One Hundred and Twentieth Legislature, avow and affirm our love for and belief in this country and its people and principles and its confidence in our President and leaders as they guide us through these difficult days; and be it further

Resolved, That We, the Members of the One Hundred and Twentieth Legislature, express the collective grief and anguish of our friends and neighbors throughout the nation and our allies in other countries who suffered loss in the aftermath of the appalling airplane hijackings and attacks on September 11, 2001 and pledge our prayers and our purpose in sustaining the strength and solidarity of this nation, our President and our leaders as we respond to this unprecedented attack on America; and be it further

Resolved, That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable George W. Bush, President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, to the governors of the states of Maine and New York and the commonwealths of Pennsylvania and Virginia.

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POM-313. A resolution adopted by the House of Representatives of the Legislature of the State of Texas relative to a constitutional amendment to prohibit courts from mandating states or political subdivisions to levy or increase taxes; to the Committee on the Judiciary.

House Resolution No. 526

Whereas, in 1990, the United States Supreme Court, in the case of Missouri, et al. v. Jenkins, et al. (495 U.S. 33), chose to disregard Article I, Section 8, of the United States Constitution, which reserves exclusively to the legislative branch of government the authority to tax the citizenry; and

Whereas, in drafting that constitutional section and allocating the power of taxation, the Founding Fathers drew upon the Petition of Right, an English law initiated by Sir Edward Coke, then approved by the British House of Commons and accepted by King Charles I on June 7, 1628, which states in pertinent part that ``. . . no man hereafter [may] be compelled to make or yield any . . . tax . . . without common consent by Act of Parliament . . .''; and

Whereas, in 1787, the framers of the United States Constitution reiterated that time-tested principle of limited taxation, specifically vesting with the legislative branch alone the ``. . . Power To lay and collect Taxes, Duties, Imposts and Excises . . .''; and

Whereas, their intent is unambiguous, made clear by the analysis of James Madison, who observed in The Federalist No. 48 that ``. . . the legislative department alone has access to the pockets of the people . . .''; and

Whereas, the same view is expressed by Alexander Hamilton, who asked rhetorically in The Federalist No. 33, ``[w]hat is the power of laying and collecting taxes but a legislative power . . .?,'' and follows consistently in The Federalist No. 78, in which he argued that the judiciary should be the least dangerous branch of government inasmuch as judges would have ``. . . no influence over either the sword or the purse

. . .''; and

Whereas, yet today, Hamilton's argument no longer rings true; through legal orders and the exercise of judicial threat and intimidation, federal courts have usurped the role of the legislative branch and have gone so far as to apply it even to non-federal levels of government, mandating state and local requirements that have the direct, or indirect, effect of imposing judicial taxes upon the states and their political subdivisions; and

Whereas, in so vesting itself by fiat with control of the public purse strings, the federal judiciary has contravened and overridden the constitutional separation of powers between the different branches--and levels--of government, threatening creation of a fiscal oligarchy unbeholden to influence by the electorate; and

Whereas, the states and Congress have too long ignored this self-proclamation and seizure of taxation prerogatives, and it behooves all Americans to preserve their rights by the adoption of an amendment to the Constitution of the United States, re-establishing the fundamental link between taxation and representation; and

Whereas, seeking to reverse the aforementioned Jenkins decision of 1990, lawmakers in 23 other States--and in two territories of the United States--beginning in 1993, have already adopted and transmitted to Congress memorials requesting that Congress propose an amendment to the United States Constitution, and those memorials have been entered in the Congressional Record as follows:

the Missouri General Assembly in 1993 (Senate Concurrent Resolution No. 9) designated as POM-175 in Volume 139 of the Congressional Record at page 14565;

the Colorado General Assembly in 1994 (Senate Joint Memorial No. 94-2) designated as POM-569 in Volume 140 of the Congressional Record at page 15070;

the New York Senate in 1994 (Senate No. 3352) designated as POM-578 in Volume 140 of the Congressional Record at page 15073;

the Tennessee General Assembly in 1994 (Senate Joint Resolution No. 372) designated as POM-580 in Volume 140 of the Congressional Record at page 15074;

the Arizona Legislature in 1995 (Senate Concurrent Resolution No. 1014) designated as POM-523 in Volume 142 of the Congressional Record at pages 6586 and 6587;

the Louisiana Legislature in 1995 (Senate Concurrent Resolution No. 11) designated as POM-525 in Volume 142 of the Congressional Record at page 6587;

the Massachusetts Senate in 1995 (unnumbered resolution) designated as POM-625 in Volume 142 of the Congressional Record at pages 14940 and 14941 and designated as POM-638 at page 15486;

the Nevada Legislature in 1995 (Senate Joint Resolution No. 2) designated as POM-287 in Volume 141 of the Congressional Record at page 22422;

the Alaska Legislature in both 1996 and 1998 (House Joint Resolution No. 30 in 1996) designated as POM-622 in Volume 142 of the Congressional Record at pages 14939 and 14940;

(House Joint Resolution No. 57 in 1998) designated as POM-515 in Volume 144 of the Congressional Record at page S9042;

the Michigan Legislature in 1996 (Senate Concurrent Resolution No. 278) designated as POM-444 in Volume 144 of the Congressional Record at page S5515;

the South Dakota Legislature in 1996 (House Concurrent Resolution No. 1010) designated as POM-526 in Volume 142 of the Congressional Record at page 6587;

the Delaware General Assembly in 1997 (House Concurrent Resolution No. 6) designated as POM-20 in Volume 143 of the Congressional Record at page S5252;

the Alabama Legislature in 1998 (House Joint Resolution No. 261) designated as POM-416 in Volume 144 of the Congressional Record at page S9405;

the Oklahoma Legislature in 1998 (Senate Concurrent Resolution No. 50) designated as POM-479 in Volume 144 of the Congressional Record at pages S6404 and S6405;

the Illinois Senate in 1999 (Senate Resolution No. 216) designated as POM-449 in Volume 146 of the Congressional Record at page S1814 and designated as POM-512 at page S3611;

the Utah Legislature in 1999 (House Joint Resolution No. 5) designated as POM-285 in Volume 145 of the Congressional Record at page S9945;

the Kansas Legislature in 2000 (House Concurrent Resolution No. 5059) designated as POM-527 in Volume 146 of the Congressional Record at page S4378;

the New Hampshire General Court in 2000 (House Concurrent Resolution No. 27) designated as POM-531 in Volume 146 of the Congressional Record at page S6469;

the Pennsylvania General Assembly in 2000 (Senate Resolution No. 47) designated as POM-642 in Volume 146 of the Congressional Record at pages S11788 and S11789;

the South Carolina General Assembly in 2000 (House Concurrent Resolution No. 4434) designated as POM-641 in Volume 146 of the Congressional Record at page S11575;

the West Virginia Legislature in 2000 (House Concurrent Resolution No. 5) designated as POM-442 in Volume 146 of the Congressional Record at page S1669;

the House of Representatives of the Commonwealth of the Northern Mariana Islands--a territory of the United States--in 2000 (House Resolution No. 12-109) designated as Memorial No. 1 in Volume 147 of the Congressional Record at page H111; as well as the Senate of the Commonwealth of the Northern Mariana Islands, likewise in 2000 (Senate Resolution No. 12-33) designated as POM-46 in Volume 147 of the Congressional Record at page S4244;

the North Dakota Legislative Assembly in 2001 (House Concurrent Resolution No. 3031) designated as POM-7 in Volume 147 of the Congressional Record at pages S3704 and S3705;

the Legislature of the United States Territory of Guam in 2001 (Resolution No. 6) designated as POM-357 in Volume 148 of the Congressional Record at page S10570; and

the Wyoming Legislature in 2002 (Senate Joint Resolution No. SJ003, later styled Enrolled Joint Resolution No. 2) designated as POM-250 in Volume 148 of the Congressional Record at pages S5630 and S5631: Now, therefore, be it

Resolved, That the House of Representatives of the 78th Legislature of the State of Texas, Regular Session, 2003, hereby memorialize the United States Congress to propose and submit to the states for ratification an amendment to the United States Constitution to prohibit all federal courts from ordering or instructing any state or political subdivision thereof, or an official of any state or political subdivision, to levy or increase taxes; and be it further

Resolved, That the Congress be respectfully requested to entertain the following suggested text for such an amendment:

``Article Neither the Supreme Court nor any inferior court of the United States shall have the power to instruct or order a state or political subdivision thereof, or an official of such state or political subdivision, to levy or increase taxes''; and be it further

Resolved, That the chief clerk of the Texas House of Representatives forward official copies of this resolution to the vice president of the United States, to the speaker of the United States House of Representatives, and to all members of the Texas delegation to the Congress, with the request that this resolution be entered officially in the Congressional Record as a memorial to the Congress of the United States of America to propose for ratification a federal constitutional amendment to prohibit judicially imposed taxes.

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POM-314. A resolution adopted by the House of Representatives of the Legislature of the State of Michigan relative to visas for temporary agricultural workers; to the Committee on the Judiciary.

House Resolution No. 314

Whereas, the tragic events of September 11, 2001, have caused us to reexamine a host of policies and practices to do all we can to increase the security of our state and nation. Because of the magnitude of the attacks and the fact that murderers plotted the attacks over a long period of time, we are now making greater efforts to address the issue of aliens who are here illegally; and

Whereas, as the issue of immigration is closely examined, it is imperative that our nation remember the vitally important role that law-abiding aliens play in our country. Temporary workers meet a necessary and productive need in many sectors of our economy. This is most apparent in the area of agriculture. Michigan, which benefits greatly from the efforts of seasonal agricultural workers, especially from Mexico, is keenly aware of how much these workers contribute to our state; and

Whereas, the country's policies toward temporary agricultural workers need to be assessed in the context of the importance of these people to our nation. The current number of visas for temporary agricultural workers may not be sufficient. If this number is too low, it may have the effect of increasing the number of aliens here without documentation, even though seasonal farm workers would rather be here by following all of the regulations. The current program used for temporary agricultural workers visa processing (H2A) should be reformed. Making the process of gaining the proper visa smoother and increasing the number of these workers who can be here lawfully may well benefit the economy as well as increase national security: Now, therefore, be it

Resolved by the house of representatives, That we memorialize the Congress of the United States and the Immigration and Naturalization Service to determine the appropriateness of increasing the number of visas for temporary agricultural workers, and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Immigration and Naturalization Service.

____________________

SOURCE: Congressional Record Vol. 149, No. 149

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