[Congressional Record Volume 140, Number 149 (Thursday, December 1, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: December 1, 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-671. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Appropriations.

                   ``Assembly Joint Resolution No. 87

       ``Whereas, The Congress of the United States enacted the 
     Education for All Handicapped Children Act of 1975 (Public 
     Law 94-142), now known as the Individuals with Disabilities 
     Education Act (IDEA), to assure that all children with 
     disabilities in the United States have available to them a 
     free appropriate public education which emphasizes special 
     education and related services designed to meet their unique 
     needs, to assure that the rights of children with 
     disabilities and their parents or guardians are protected, to 
     assist states and localities to provide for the education of 
     all children with disabilities, and to assess and assure the 
     effectiveness of efforts to educate children with 
     disabilities; and
       ``Whereas, The Congress of the United States developed a 
     formula in 1975 to determine the maximum amount of funding to 
     which states are entitled for purposes of implementing the 
     federal mandates to provide special education and related 
     services. That entitlement amounts to ``40 per centum, for 
     the fiscal year ending September 30, 1982, and for each 
     fiscal year thereafter, of the average per pupil expenditure 
     in public elementary and secondary schools in the United 
     States,'' multiplied by the number of children receiving 
     special education and related services; and
       ``Whereas, 1995 budget appropriations measures currently 
     pending before Congress only propose to fund special 
     education programs in the states, under Part B of IDEA, at 
     approximately 7 percent. That amount is 3 percent less than 
     Section 1411 of Title 20 of the United States Code authorized 
     for the fiscal year ending September 30, 1979; and
       ``Whereas, The California Master Plan for Special Education 
     was approved for statewide implementation in 1980 on the 
     basis of the anticipated federal commitment to fund special 
     education programs at the federally authorized level; and
       ``Whereas, The Governor's Budget for the 1994-95 fiscal 
     year includes $1.6 billion in General Fund support for 
     special education programs; and
       ``Whereas, The State of California anticipates receiving 
     approximately $220 million in federal special education funds 
     under Part B of IDEA for the 1994-95 school year, even though 
     the federally authorized level of funding would provide over 
     $900 million annually to California; and
       ``Whereas, In addition to the $168 million local general 
     fund contribution required by state law, local educational 
     agencies in California have to pay for the underfunded 
     federal mandates for special education programs, at the cost 
     of approximately $600 million annually, from regular 
     education program money, thereby reducing funding that is 
     available for other education program; and
       ``Whereas, Whether or not California participates in the 
     IDEA grant program, the state has to meet the requirements of 
     Section 504 of the federal Rehabilitation Act of 1973 (29 
     U.S.C. Sec. 701) and its implementing regulations (34 C.F.R. 
     104), which prohibit recipients of federal financial 
     assistance, including educational institutions, from 
     discriminating on the basis of disability, yet no federal 
     funds are available under that act for state grants; and
       ``Whereas, California is committed to providing a free and 
     appropriate public education to children and youth with 
     disabilities, in order to meet their unique needs; and
       ``Whereas, The California Legislature is extremely 
     concerned that, since 1978, Congress has not given states the 
     full amount of financial assistance necessary to achieve its 
     goal of ensuring children and youth with disabilities equal 
     protection of the laws; now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature respectfully 
     memorializes the President and Congress of the United States 
     to provide the full 40 percent federal share of funding for 
     special education programs by the year 2000, so that 
     California and other states participating in these critical 
     programs will not have to take funding from other vital state 
     and local programs to fund underfunded federal mandates; 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, to the Majority Leader of the Senate, to the 
     Chair of the Senate Committee on the Budget and the Chair of 
     the House Committee on the Budget, to the Senate Committee on 
     Appropriations and the Chair of the House Committee on 
     Appropriations, to each Senator and Representative from 
     California in the Congress of the United States, and to the 
     United States Secretary of Education.''
                                  ____

       POM-672. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Armed Services.

                   ``Assembly Joint Resolution No. 62

       ``Whereas, Violent felons account for nearly two-thirds of 
     all prisoners; and
       ``Whereas, Recent events, however, have demonstrated that 
     many violent felons who should be incarcerated for the 
     protection of the public, are instead out of prison and free 
     to prey upon helpless citizens; and
       ``Whereas, The lack of adequate prison space significantly 
     contributes to this situation and will continue to result in 
     the early release of inmates who constitute a danger to 
     public safety; and
       ``Whereas, The recent enactment of the ``3 strikes, you're 
     out'' law has been said to be too costly in that it will 
     require the construction of new prisons; and
       ``Whereas, The Governor has called for the construction of 
     six new prisons to be financed through the issuance of two 
     billion dollars ($2,000,000,000) in state general obligation 
     bonds; and
       ``Whereas, California has many major military bases 
     scheduled for closure; and
       ``Whereas, It is reasonable to argue that living facilities 
     that are adequate for our fighting men and women are adequate 
     for housing prisoners; and
       ``Whereas, While some security related modifications of 
     closed military bases may be necessary in order for the bases 
     to be used for state prison purposes, some security measures 
     are already in place, and the modifications would in many 
     cases require relatively minor expenditures; and
       ``Whereas, California's base closures will result in the 
     loss of 250,000 jobs and forty billion dollars 
     ($40,000,000,000) to the local economy; and
       ``Whereas, California has already lost 800,000 jobs due to 
     the recession and California continues to lag behind the rest 
     of the nation in recovery from the recession; and
       ``Whereas, The federal government should assist in the 
     economic recovery of California; and
       ``Whereas, Allowing conversion of closed military bases in 
     California for state prison use would provide an opportunity 
     for the federal government to assist in this recovery by 
     providing the state with the needed savings in capital outlay 
     expenditure and by facilitating the replacement of lost 
     defense-related jobs in the affected communities; and
       ``Whereas, Conversion of closed military bases to state 
     prisons would address the need for new prison space without 
     the need for the issuance of construction bonds, thus saving 
     the state two billion dollars ($2,000,000,000) plus the 
     financing costs at a time when the state should do whatever 
     possible to maximize its resources; and
       ``Whereas, The conversion of local area military bases to 
     state prison use shall be approved by the local area reuse 
     commission or entity; 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 allow California to, upon 
     local approval, convert closed military bases to state 
     prisons; and be it further
       ``Resolved, That the Speaker of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the United States 
     House of Representatives, and to each Senator and 
     Representative from California in the Congress of the United 
     States.''
                                  ____

       POM-673. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Banking, 
     Housing, and Urban Affairs.

                   ``Assembly Joint Resolution No. 24

       ``Whereas, Fraudulent payment of charge card and credit 
     card accounts with misappropriated checks is becoming 
     increasingly common; and
       ``Whereas, Thousands of inquires are being made each week 
     to charge card and credit card companies regarding the 
     misappropriation of checks intended for payment on a 
     particular account but which were applied to another account; 
     and
       ``Whereas, An illegal practice has developed among 
     dishonest persons employed in a bookkeeping or accounting 
     capacity, wherein these dishonest persons have taken 
     advantage of existing industry practice which holds that the 
     remittance stub is controlling as to the payment of checks 
     which were submitted with the remittance stub of one account, 
     although the checks were intended for payment on another 
     account; 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, and the Federal Reserve Board 
     and its Board of Governors, to review the Truth in Lending 
     Act (15 U.S.C. Sec. 1601 et seq.), Regulation Z, and other 
     related statutes and regulations that control the information 
     required to be disclosed on the billing statement for charge 
     cards and credit cards, and make appropriate revisions 
     thereto, such that cardholders are required to be advised 
     that the only way to ensure that their check is credited to 
     their account is to inscribe the payee's name and the words 
     ``for credit to account number------only,'' with their 
     account number, on the portion of their check designated 
     ``Pay to the order of''; and be it further
       ``Resolved, That the Legislature of the State of California 
     urges that Congress enact a statute or the Federal Reserve 
     Board adopt a regulation, or both, which would deem this 
     inscription controlling in cases in which the account number 
     inscribed on the payee line on the check is different from 
     the account number on the remittance stub; and be if further
       ``Resolved, That the Legislature of the State of California 
     urges Congress and the Federal Reserved Board to make it 
     clear that this statute, regulation, or both, will apply to 
     all charge cards and credit cards, regardless of use or 
     cardholder status, 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, to each Senator and Representative from 
     California in the Congress of the United States, and to the 
     Chairman and each member of the Board of Governors of the 
     Federal Reserve Board.''
                                  ____

       POM-674. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Commerce, 
     Science, and Transportation.

                   ``Assembly Joint Resolution No. 58

       ``Whereas, Violence has increased in the lives of young 
     children who live in California; and
       ``Whereas, The United States is now the country with the 
     most violence in the industrialized world, leading the world 
     in homicides, rapes, and assaults; and
       ``Whereas, California is home to 12 percent of the nation's 
     65 million children; and
       ``Whereas, California's 7.8 million children represent one-
     quarter of the state's total populations; and
       ``Whereas, In 1990, handguns were used to kill 87 people in 
     Japan, 68 in Canada, 22 in great Britain, 10 in Australia, 
     and 10,567 in the United States; and
       ``Whereas, In 1990 Handguns were used to kill 222 children 
     under the age of 10 and 6,795 youths under the age of 25; and
       ``Whereas, National Trauma Center data reveals a 300 
     percent increase in hospital admissions involving gunshot 
     wounds to children who were shot by other children (age of 16 
     or under); and
       ``Whereas, Gun-related violence takes the life of one 
     American child at least every three hours and the lives of at 
     least 25 children--the equivalent of a classroom--every three 
     days; and
       ``Whereas, Since the Federal Communications Commission's 
     1982 decision to deregulate children's commercial television, 
     television time for war cartoons jumped from one and one-half 
     hours per week to 43 hours per week; and
       ``Whereas, Since deregulation of children's television in 
     the early 1980s, the marketing of violent toys through the 
     media has increased tremendously; and
       ``Whereas, The incidence of violence in children's 
     television programs has increased from 18.6 acts of violence 
     per hour a decade ago to 26.4 violent acts each hour today; 
     and
       ``Whereas, Years of research show that children exposed to 
     excessive viewing of television violence become less 
     sensitive to the pain and suffering of others, more fearful 
     of the world around them, and are more likely to behave in 
     aggressive or harmful ways toward others; and
       ``Whereas, Research also shows that exposure to media 
     violence leads children to see violence as a normal response 
     to stress and as an acceptable means of resolving conflict; 
     and
       ``Whereas, California's diversity makes it imperative that 
     children develop respect for all cultures and learn about 
     nonviolent means of conflict resolution; now therefore be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature memorializes the 
     Federal Communications Commission to review television's 
     efforts and accomplishments in addressing the impacts of 
     violence on children; 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, to the Chairperson of the Federal 
     Communications Commission, and to each Senator and 
     Representative from California in the Congress of the United 
     States.''
                                  ____

       POM-675. A resolution adopted by the Municipal Assembly of 
     the City of Barranquitas, Puerto Rico relative to 
     Presidential elections; to the Committee on Energy and 
     Natural Resources.
       POM-676. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Energy and 
     Natural Resources.

                   ``Assembly Joint Resolution No. 56

       ``Whereas, Six contiguous years of drought in California 
     and western Nevada have contributed to insect-caused tree 
     mortality rates of 25 to 80 percent in the forest stands 
     within the Lake Tahoe Basin; and
       ``Whereas, Unless removed, these dead trees will remain for 
     decades and provide the heavy material to fuel intense, 
     disastrous fires into the next century; and
       ``Whereas, National forest land with heavy tree mortality 
     is located within, and adjacent to, high value urban areas, 
     and even the more removed forest areas present a threat if 
     serious fire conditions occur; and
       ``Whereas, National forest land occupies 75 percent of the 
     lands within the Lake Tahoe Basin; and
       ``Whereas, The USDA Forest Service-Lake Tahoe Basin 
     Management Unit has demonstrated that, with adequate funding, 
     it can satisfactorily remove excess quantities of dead and 
     dying trees that pose a serious fire threat; 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 Congress of the United 
     States to allocate to the USDA Forest Service-Lake Tahoe 
     Basin Management Unit sufficient funding to meet the 
     immediate and long-term vegetation management needs to 
     address the following:
       ``(a) Fire hazard reduction on urban lots on national 
     forest land; and
       ``(b) Reduction of forest fuels accumulations caused by 
     insect-caused tree mortality in the national forest lands 
     surrounding urbanized areas; and
       ``(c) Forest health on national forest lands throughout the 
     Lake Tahoe Basin to prevent the recurrence of fire threat 
     problems in the future; 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 Representative and Senator 
     from California in the Congress of the United States.''
                                  ____

       POM-677. A resolution adopted by the Lafourche Parish 
     Council of the City of Thibodaux, Louisiana relative to the 
     proposed Floodplain Management, Environmental Restoration, 
     and Recreation Act of 1994; to the Committee on Environment 
     and Public Works.
       POM-678. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Finance.

                   ``Assembly Joint Resolution No. 21

       ``Whereas, Social security laws, with respect to the taxing 
     of social security as income at the federal level, have not 
     been changed since the additional law was passed in 1993; and
       ``Whereas, Social security is still taxable if personal 
     income is more than $25,000 (single) or $32,000 (married); 
     and
       ``Whereas, During that period of time, inflation has 
     increased more than 35 percent, with no change in the limits 
     of taxable income; and
       ``Whereas, On top of the initial tier of social security 
     taxes, a federal law that imposes an additional higher social 
     security tax was recently enacted whereby, under specified 
     conditions, in the case of a single person earning $34,000 
     and a married couple earning $44,000, 85 percent of social 
     security benefits are added to taxable income without an 
     upward shift in the first tier threshold of taxable income; 
     and
       ``Whereas, Senior income increases at a very low percentage 
     but the amount of social security that is taxed is increasing 
     each year; and
       ``Whereas, The people who are affected by this inflation 
     are the people who can least afford it; and
       ``Whereas, Those income limits, which include both social 
     security and any tax-free income, no longer represent a fair 
     amount of earnings to warrant tax on social security; 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 
     Congress of the United States to enact legislation to 
     eliminate the two tier taxation of social security by 
     allowing a single person to earn $34,000 and a married couple 
     to earn $44,000 before any portion of their social security 
     is taxed; 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, to the Chairpersons of the House and Senate 
     Committees on Aging, and to each Senator and Representative 
     from California in the Congress of the United States.''
                                  ____

       POM-679. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Finance.

                   ``Assembly Joint Resolution No. 66

       ``Whereas, A child under the age of 18, or a son, daughter, 
     or spouse who provides in-home care services to a disabled 
     family member for compensation from that disabled family 
     member may not be subject to employment taxes; and
       ``Whereas, Among 13 million households with disabled 
     persons, there are 7 million Americans who are spouses or 
     children of an older adult with a disability; and
       ``Whereas, 80 to 90 percent of the care for disabled older 
     Americans is provided by a family member; and
       ``Whereas, The federal government requires a disabled 
     person, who compensates any immediate family member over one 
     thousand dollars ($1,000) per quarter for providing in-home 
     domestic services, to pay certain employment taxes; and
       ``Whereas, If a disabled person is able and willing to 
     compensate any immediate family member for in-home domestic 
     services in order for the person to maintain his or her 
     quality of life and independence, that person should not be 
     considered an employer; and
       ``Whereas, In order for an immediate family member to 
     perform in-home domestic services for a disabled family 
     member, the immediate family member may have to be 
     compensated in order to maintain his or her livelihood and 
     should not be considered an employee; and
       ``Whereas, Exempting disabled family members from paying 
     employment taxes could potentially result in additional 
     family members taking on the role of providing in-home care 
     services and thereby allow those immediate family members who 
     have been providing those services to better maintain their 
     livelihood; 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 
     Congress of the United States to enact legislation that would 
     exempt disabled persons from paying any employment taxes when 
     they compensate any immediate family member who provides 
     domestic services in their 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, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.''
                                  ____

       POM-680. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Foreign 
     Relations.

                   ``Assembly Joint Resolution No. 55

       ``Whereas, The people of the State of California enjoy a 
     sister state relationship with the people of the Republic of 
     China on Taiwan; and
       ``Whereas, Commercial interaction with the Republic of 
     China on Taiwan has grown substantially in recent years, to 
     the benefit of our state; and
       ``Whereas, A democratic, multiparty political system has 
     been smoothly established in the Republic of China on Taiwan 
     in recent years; and
       ``Whereas, The direct role of the Republic of China on 
     Taiwan in international development programs and humanitarian 
     relief operations has expanded significantly during the past 
     decade, often in close coordination with our nation's 
     efforts; and
       ``Whereas, Seven Central American countries have proposed 
     to the Secretary General of the United Nations that a 
     supplementary item be included in the provisional agenda of 
     the 48th General Assembly session to consider the exceptional 
     situation of the Republic of China on Taiwan in the 
     international community, based on the principle of 
     universality, and in accordance with the established pattern 
     of parallel representation by divided countries in the United 
     Nations; now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That our ongoing commercial relationship 
     with the people of the Republic of China on Taiwan should be 
     recognized as serving our mutual interest in an equitable and 
     reciprocal manner; and be it further
       ``Resolved, That the record of the Republic of China on 
     Taiwan in light of her democratization at home and 
     humanitarian service abroad, be accorded appropriate 
     recognition by the people of this state; and be it further
       ``Resolved, That due consideration should be given by the 
     United States to the readiness of the Republic of China on 
     Taiwan for the latter's further contributions to the broader 
     participation in the international community, including the 
     United Nations and such forums as multilateral trade 
     associations, and humanitarian relief organizations; and be 
     if 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 Speaker of the United States House 
     of Representatives, and each Senator and Representative from 
     California in the Congress of the United States.''
                                  ____

       POM-681. A resolution adopted by the Town Council of 
     Kittery, Maine relative to unfunded Federal mandates; to the 
     Committee on Governmental Affairs.
       POM-682. A resolution adopted by the City Council of 
     Augusta, Maine relative to unfunded Federal mandates; to the 
     Committee on Governmental Affairs.
       POM-683. A resolution adopted by the City Council of Saco, 
     Maine relative to unfunded Federal mandates; to the Committee 
     on Governmental Affairs.
       POM-684. A resolution adopted by the Town of Skowhegan, 
     Maine relative to unfunded Federal mandates; to the Committee 
     on Governmental Affairs.
       POM-685. A resolution adopted by the City Council of 
     Camarillo, California relative to unfunded Federal mandates; 
     to the Committee on Governmental Affairs.
       POM-686. A resolution adopted by the Town Council of 
     Gorham, Maine relative to unfunded Federal mandates; to the 
     Committee on Governmental Affairs.
       POM-687. A resolution adopted by the Board of County 
     Commissioners of Catron County, New Mexico relative to 
     unfunded Federal mandates; to the Committee on Governmental 
     Affairs.
       POM-688. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Governmental 
     Affairs.

                   ``Assembly Joint Resolution No. 72

       ``Whereas, The California Department of Finance has 
     calculated that the state faces federal mandates in 1993-94 
     of $7.5 billion and in 1994-95 of $7.7 billion; and
       ``Whereas, These mandates place the economy of the State of 
     California in a precarious position since these mandates 
     divert funds whose use could be better determined by the 
     people of the State of California; and
       ``Whereas, The federal government should provide the 
     necessary funds for federally mandated programs or relieve 
     the State of California from those mandates; 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 
     Congress of the United States to provide funding for, or 
     relieve the State of California from, federally mandated 
     programs; 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.''

                          ____________________