[Congressional Record Volume 140, Number 106 (Thursday, August 4, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        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-608. A resolution adopted by the Okanogan County 
     Resource Roundtable, Chelan, Washington relative to timber 
     workers; to the Committee on Appropriations.
       POM-609. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Commerce, 
     Science, and Transportation.

                    ``Senate Joint Resolution No. 37

       ``Whereas, The Northridge Earthquake occurred on January 
     17, 1994, measuring 6.6 on the Richter Scale, causing more 
     than 50 deaths, thousands of injuries, and an estimated 20 to 
     30 billion dollars in direct economic damages to Los Angeles 
     and Ventura Counties; and
       ``Whereas, More than 18,000 people have been forced from 
     their homes and businesses as a result of this recent tragic 
     earthquake; and
       ``Whereas, Schools, hospitals, water systems, freeways, and 
     other vital systems have been destroyed or heavily damaged by 
     this natural disaster; and
       ``Whereas, California has experienced in recent years the 
     1987 Whittier-Narrows Earthquake, the 1988 Winter Freeze, the 
     1989 Loma Prieta Earthquake, the 1991 East Bay Firestorm, the 
     1992 Los Angeles Unrest and Riots, and the 1993 Wildfires of 
     Southern California, with tragic losses of life and property; 
     and
       ``Whereas, The seismic experts warn that California 
     continues to be at risk of an even more disastrous earthquake 
     than those experienced in the last 50 years, one which may 
     register 8.0 or more on the Richter Scale; and
       ``Whereas, A significant number of other states also 
     subject to disastrous earthquakes and all states are in 
     danger of other major disasters such as hurricanes, 
     tornadoes, and floods, which endanger thousands of lives and 
     cause billions of dollars in property damages; and
       ``Whereas, A catastrophic earthquake in a populated, 
     developed area would inflict severe damage on the nation's 
     economy; and
       ``Whereas, Consumers, insurance companies, and government 
     at all levels need to make advance preparations including 
     taking mitigation measures and applying cooperative efforts 
     to respond to a major earthquake disaster; and
       ``Whereas, The Natural Disaster Protection Act has 
     developed a program for both a primary residential earthquake 
     program and federal reinsurance program to provide an 
     economic safety net in the event of a major earthquake; 
     and
       ``Whereas, The Natural Disaster Protection Act would ensure 
     that the public receives affordable, reliable, and adequate 
     insurance against the risk of earthquake, protect people and 
     businesses by providing for the prompt and efficient handling 
     of claims, reduce the inevitable economic fallout from a 
     devastating earthquake, and avoid large amounts of federal 
     disaster relief by relying on a prefunding mechanism through 
     the vehicle of insurance; and
       ``Whereas, In addition to providing for protection from 
     earthquakes, the Natural Disaster Protection Act would also 
     provide protection from hurricanes and volcanic eruptions; 
     now, therefore, be it
       ``Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the Congress and the 
     President of the United States to enact the Natural Disaster 
     Protection Act, contained in S. 1350 and HR 2873, which 
     establishes a federal program of hazard insurance, 
     mitigation, and reinsurance against the risks of catastrophic 
     disasters such as earthquakes, hurricanes, windstorms, 
     volcanic eruptions, and flooding, it being understood that 
     this memorialization of support for the natural Disaster 
     Protection Act is expressly conditioned upon the bills being 
     amended before enactment to provide equitable treatment for 
     policyholders in the various states of the Union; and be it 
     further
       ``Resolved, That the Secretary of the Senate transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.''
       POM-610. A resolution adopted by the Okanogan County 
     Resource Roundtable, Chelan, Washington relative to the 
     timber industry; to the Committee on Energy and Natural 
     Resources.
       POM-611. A resolution adopted by the House of the General 
     Assembly of the State of Illinois; to the Committee on 
     Governmental Affairs.

                      ``House Resolution No. 2540

       ``Whereas, The 10th Amendment to the Constitution of the 
     United States 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 10th Amendment defines the total scope of 
     federal power as being that specifically granted by the 
     United States Constitution and no more; and
       ``Whereas, The scope of power defined by the 10th Amendment 
     means that the federal government was created by the states 
     specifically to be an agent of the states; and
       ``Whereas, Today, in 1994, the states are demonstrably 
     treated as agents of the federal government; and
       ``Whereas, Numerous resolutions have been forwarded to the 
     federal government by the Illinois General Assembly without 
     any response or result from Congress or the federal 
     government; and
       ``Whereas, Many federal mandates are directly in violation 
     of the 10th Amendment to the Constitution of the United 
     States; 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 now pending from the present 
     administration and from Congress may further violate the 
     United States Constitution; therefore, be it
       ``Resolved, by the House of Representatives of the Eighty-
     Eighth General Assembly of the State of Illinois, That the 
     State of Illinois hereby claims sovereignty under the 10th 
     Amendment to the Constitution of the United States over all 
     powers not otherwise enumerated and granted to the federal 
     government by the United States Constitution; and be it 
     further
       ``Resolved, That this serve as Notice and Demand to the 
     federal government, as our agent, to cease and desist, 
     effective immediately, mandates that are beyond the scope of 
     its constitutionally delegated powers; and be it further
       ``Resolved, That copies of this resolution be sent to the 
     President of the United States, the Speaker of the United 
     States House of Representatives, the President of the United 
     States Senate, the Speaker of the House and the President of 
     the Senate of each state's legislature of the United States 
     of America, and to each member of the Illinois Congressional 
     delegation.''
       POM-612. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on the Judiciary.

                 ``Senate Concurrent Resolution No. 11

       ``To memorialize the Congress of the United States to 
     propose an amendment to the Constitution of the United States 
     which would provide that no federal tax shall be imposed for 
     the period before the date of the enactment of the tax.
       ``Whereas, the Omnibus Budget Reconciliation Act of 1993 
     signed into law by President Clinton on August 10, 1993, 
     included the largest tax increase in history: $115 billion in 
     new taxes, a 47% increase in income tax rates; and
       ``Whereas, the income, estate and gift tax components of 
     the tax increase were retroactive, taking effect on January 
     1, 1993; and
       ``Whereas, Treasury Secretary Bentsen has declared that 
     more than 1.25 million small business will be subject to 
     retroactive taxation despite the administration's claim that 
     the tax increase ``only affected the rich.''
       ``Whereas, the Omnibus Budget Reconciliation Act of 1993 
     retroactivity is unprecedented in that it became effective 
     during a previous administration--before President Clinton or 
     the 103rd Congress even took office; and
       ``Whereas, passage of the bill resulted in a loud public 
     outcry against retroactive taxation; and
       Whereas, retroactive taxation places an unfair and 
     intolerable burden on the American taxpayer; and
       ``Whereas, retroactive taxation is wrong, it is bad policy, 
     and it is a reprehensible action on the part of the 
     government. Therefore, be it
       ``Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to propose and submit to 
     the several states an amendment to the Constitution of the 
     United States which would provide that no federal tax shall 
     be imposed for the period before the date of the enactment of 
     the tax. Be it further
       ``Resolved, That a duly attested copy of this Resolution 
     shall be immediately transmitted to the president of the 
     United States, to the secretary of the United States Senate, 
     to the clerk of the United States House of Representatives, 
     to each member of the Louisiana delegation to the United 
     States Congress, and to the presiding officer of each house 
     of each state legislature in the United States.

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