[Congressional Record Volume 141, Number 60 (Friday, March 31, 1995)]
[Senate]
[Pages S4989-S4993]
From the Congressional Record Online through the Government Publishing Office [www.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-73. A joint resolution adopted by the Legislature of 
     the State of Idaho; to the Committee on Finance.
                      ``House Joint Memorial No. 1

       ``Whereas, the 1967 United States Supreme Court decision in 
     the case of `National Bellas Hess, Inc. v. Dept. of Revenue,' 
     (386 U.S. 753 (1967)) denies states the authority to require 
     the collection of sales and use taxes by out-of-state mail 
     order firms that have no physical presence in the taxing 
     state, even though they solicit and obtain significant sales 
     there through the mail and common carriers; and
       ``Whereas, in its 1992 decision in `Quill Corp. v. North 
     Dakota,' (U.S.S.C. Doc. No. 91-194), the United States 
     Supreme Court clearly indicated that the Congress of the 
     United States can, consistent with the U.S. Constitution, 
     enact legislation authorizing direct marketers to collect 
     state and local use taxes; and
       ``Whereas, the inability of states like Idaho to require 
     certain direct marketers and other businesses not physically 
     present, but selling to their residents, to collect sales and 
     use tax places many community businesses that support state 
     and local governments at a substantial competitive 
     disadvantage; and
       ``Whereas, restrictions on collecting such taxes result in 
     a loss of billions of dollars nationally and millions of 
     dollars in Idaho of legally due sales and use tax revenue; 
     and
       ``Whereas, according to a recent report released by the 
     Advisory Commission on Intergovernmental Relations, the 
     revenue potential to all states from untaxed interstate mail 
     order sales is projected to be $4.57 billion in 1994 and that 
     the loss of tax revenue to the State of Idaho in the same 
     report is estimated to be $13.4 million; and
       ``Whereas, organizations representing local retailers, 
     state and local officials and public service recipient groups 
     are working to achieve enactment of federal legislation that 
     would authorize states to require direct marketers to collect 
     state sales and use taxes; and
       ``Whereas, in the two decades since the `National Bellas 
     Hess' decision, improvements in communications technology and 
     transportation distribution systems have changed the nature 
     and extent of interstate sales and the recent and projected 
     rapid 
     [[Page S4990]] growth in interstate sales, through 
     television, mail order, `800' telephone numbers and by other 
     means of electronic communications indicates that, without 
     corrective legislation, collection of sales and use taxes 
     will become increasingly inequitable and unenforceable; and
       ``Whereas, there was introduced into the Senate of the 
     United States a bill, S. 1825, `The Fairness for Main Street 
     Business Act of 1994,' that would have
      allowed state and local jurisdictions to require out-of-
     state companies to collect sales or use taxes on tangible 
     personal property sold to residents of the state or local 
     jurisdictions if the company's national sales are not less 
     than $3 million and sales into the state are not less than 
     $100,000 and which includes other fair and reasonable 
     safeguards for out-of-state companies: Now, therefore, be 
     it
       ``Resolved by the members of the First Regular Session of 
     the Fifty-third Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, That we 
     respectfully request Congress to enact legislation similar to 
     S. 1825, `The Fairness for Main Street Business Act of 1994,' 
     that would prevent this state's revenue loss and remove the 
     competitive advantage now enjoyed by some out-of-state 
     businesses, and be it further
       ``Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and the congressional delegation representing the 
     State of Idaho in the Congress of the United States.''
                                                                    ____

       POM-74. A joint resolution adopted by the Legislature of 
     the State of Wyoming; to the Committee on Finance.
               ``Enrolled Joint Resolution No. 2, Senate

       ``Whereas, health reform is of vital concern to the nation 
     as well as the state of Wyoming; and
       ``Whereas, although certain health reform issues are 
     manageable at state and local levels, several health reform 
     matters are more properly addressed at the federal level; and
       ``Whereas, the Wyoming Health Reform Commission has been 
     appointed by the Governor of Wyoming to address health reform 
     in Wyoming and to report recommendations to the Governor and 
     the Wyoming Legislature regarding health care reform: Now, 
     therefore, be it
       ``Resolved by the members of the legislature of the State 
     of Wyoming:
       ``Section 1.
       ``1. That the Wyoming Legislature requests the United 
     States Congress adopt legislation which:
       ``(a) Amends federal law with respect to treatment of 
     flexible spending accounts for taxation purposes to allow 
     accumulation of account funds beyond one (1) year and to 
     allow individual account ownership upon termination of 
     employment;
       ``(b) Allows individuals to establish medical and 
     educational savings accounts;
       ``(c) Amends federal law to allow full deduction of medical 
     insurance premium payments by sole proprietors, partnerships 
     and individuals for federal income tax purposes;
       ``(d) Clarifies the tax implications of accelerated death 
     benefits offered under life insurance policies so that the 
     benefits are not taxable;
       ``(e) Eliminates limitations imposed upon preexisting 
     conditions for individuals changing employment, location or 
     insurance carrier;
       ``(f) Amends the federal Employee Retirement Income 
     Security Act of 1974, 29 U.S.C. 1144, to allow states 
     attempting to reform the insurance marketplace to influence, 
     regulate, tax and improve self-insurance plans covered under 
     this federal law;
       ``(g) Allows the federal Health Care Financing 
     Administration to reimburse medical assistance facilities 
     (limited service rural hospitals) in states beyond Montana;
       ``(h) Reforms antitrust restrictions on the formation of 
     collaborative partnerships for the availability of health 
     care services in Wyoming;
       ``(j) Simplifies eligibility requirements under national 
     welfare programs, particularly Medicaid benefits.
       ``Section 2. That the Secretary of State of Wyoming 
     transmit copies of this resolution to the President of the 
     United States, to the President of the Senate and the Speaker 
     of the House of Representatives of the United States Congress 
     and to the Wyoming Congressional Delegation.''
                                                                    ____

       POM-75. A resolution adopted by the Board of Commissioners 
     of Todd County, Minnesota relative to unfunded federal 
     mandates; to the Committee on Governmental Affairs.
       POM-76. A concurrent resolution adopted by the Legislature 
     of the State of Idaho; to the Committee on Governmental 
     Affairs.
                  ``House Concurrent Resolution No. 7

       ``Whereas, we, the Citizens of the Idaho State, find the 
     Tenth 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 scope of power defined by the Tenth 
     Amendment means that the federal government was created by 
     the States specifically to be an agent of the State; and
       ``Whereas, many federal mandates directly violate the Tenth 
     Amendment to the Constitution of the United States; and
       ``Whereas, the United States Supreme Court has ruled in New 
     York vs. United States, 112 S. Ct 2408 (1992), that Congress 
     may not simply commandeer the legislative and regulatory 
     processes of the States; and
       ``Whereas, New York, the eleventh nation-state to join the 
     Union on July 25, 1788 said:
       ```That the powers of government may be re-assumed by the 
     people, whensoever it shall become necessary to their 
     happiness . . .'; and
       ``Whereas, Idaho was admitted to the Union under equal 
     footing with the original States; and
       ``Whereas, a number of proposals from previous 
     administrations and Congress may further violate the United 
     States Constitution; and
       ``Whereas, the fiscal waste, excesses and 
     irresponsibilities of past and present federal legislation 
     have caused the economic decline and hardship to thousands of 
     Idaho Citizens and have permanently indentured our children 
     and their descendants without their consent; and
       ``Whereas, in recent decades the federal agent has 
     attempted, and largely succeeded, in reversing roles with its 
     Principal, the States, telling them what they can and cannot 
     do, and threatening to withhold ``federal moneys'' from 
     States which do not comply with federal laws and regulations, 
     and usurping undelegated powers from the States and the 
     people until now the people fear, rather than respect and 
     revere their own government and are burdened with taxes some 
     57 times greater than those imposed upon our Founding Fathers 
     by Great Britain: Now, therefore, be it
       ``Resolved by the members of the First Regular Session of 
     the Fifty-third Idaho Legislature, the House of 
     Representatives and the Senate concurring therein:
       ``(1) That Idaho State and its Citizens hereby claim 
     sovereignty under the Tenth Amendment to the Constitution of 
     the United States over all powers not enumerated in and 
     granted to the federal government by the United States 
     Constitution.
       ``(2) That this Resolution serve as Notice and Demand to 
     the federal government, as our agent, to cease and desist, 
     effective immediately, mandates that exceed the scope of its 
     constitutionality delegated powers.
       ``(3) That should the federal bureaucracy and the Congress 
     or any department or agency of the federal government fail to 
     comply with the aforementioned order, the Attorney General of 
     the State of Idaho is authorized and directed to take 
     appropriate legal action to assure that the State of Idaho's 
     legal rights not be infringed under the Tenth Amendment to 
     the Constitution of the United States; and be it further
       ``Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized to send 
     copies of this Resolution to the President of the United 
     States, the Speaker of the House of Representatives and the 
     President of the Senate in Congress of the United States 
     assembled, to the congressional delegation representing the 
     State of Idaho in the Congress of the United States, to the 
     presiding officers of each state's Legislature and to the 
     Governors of the fifty states.''
                                                                    ____

       POM-77. A joint resolution adopted by the Legislature of 
     the State of Montana; to the Committee on Governmental 
     Affairs.

                    ``Senate Joint Resolution No. 3

       ``Whereas, the 10th amendment to the Constitution of the 
     United States reads: `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 scope of power defined by the 10th amendment 
     means that the federal government was created by the people 
     to be their agent; and
       ``Whereas, today, in 1995, the states are demonstrably 
     treated as agents of the federal government; and
       ``Whereas, many federal mandates are directly in violation 
     of the 10th amendment; 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 
     Constitution of the United States: Now, therefore, be it
       ``Resolved by the senate and the house of representatives 
     of the State of Montana:
       ``(1) That the State of Montana claim 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 Constitution of the United States.
       ``(2) That this resolution serve as notice and demand to 
     the federal government, as our agent, to cease and desist, 
     effective immediately, imposing mandates that are beyond the 
     scope of its constitutionally delegated powers.
       ``(3) That this resolution serve as notice and demand to 
     the federal government to review existing mandates that usurp 
     state sovereignty and to repeal those mandates; and be it 
     further
       ``Resolved, That the Secretary of State send copies of this 
     resolution to:
       [[Page S4991]] ``(1) the President of the United States, 
     the Speaker of the United States House of Representatives, 
     the President of the United States Senate, and the members of 
     Montana's Congressional Delegation; and
       ``(2) the presiding officer of the Nebraska Legislature and 
     the Speakers of the House and the President of the Senate of 
     each other state.''
                                                                    ____

       POM-78. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia; to the Committee on 
     Governmental Affairs.

                   ``Senate Joint Resolution No. 405

       ``Whereas, the highly publicized financial problems of the 
     District of Columbia culminated in a February 21, 1995, 
     federal agency report that declared the District government 
     `insolvent'; and
       ``Whereas, the General Accounting Office report bluntly 
     stated that the District `does not have the cash to pay all 
     of its bills' and that `the District has cash now only 
     because [it] is not paying hundreds of millions in bills'; 
     and
       ``Whereas, the amount of the District of Columbia's 
     budgetary shortfall remains disputed, with some estimates 
     exceeding $700 million, but the fact of a budget crisis of 
     massive proportions remains clear; and
       ``Whereas, Congressional hearings on February 22, 1995, 
     should clarify both the scale of the problems and the 
     proposed solutions; and
       ``Whereas, the District of Columbia's financial crisis 
     reverberates far beyond its borders, and the city's unique 
     status as the capital of the United States and its close 
     relationship with the surrounding localities in Maryland and 
     Virginia create repercussions at regional, national, and even 
     international levels; and
       ``Whereas, the economic stability of the Metropolitan 
     Washington area relies to a great extent on the financial 
     viability of the government of the District of Columbia; now, 
     therefore, be it
       ``Resolved by the Senate, the House of Delegates 
     concurring, That the General Assembly hereby memoralizes the 
     Congress of the United States to move decisively and 
     expeditiously to solve the urgent financial crisis affecting 
     the District of Columbia; and, be it
       ``Resolved further, That the General Assembly urge the 
     Congressional committees and subcommittees, including the 
     subcommittee chaired by Representative Thomas M. Davis III of 
     Virginia, to move with all deliberate speed to assist the 
     government of the District in taking the steps necessary to 
     resolve this crisis; and, be it
       ``Resolved finally, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and the members of the Virginia 
     Congressional Delegation so that they may be apprised of the 
     sense of the General Assembly of Virginia.''
                                                                    ____

       POM-79. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia; to the Committee on 
     Governmental Affairs.
                   ``Senate Joint Resolution No. 358

       ``Whereas, the 10th Amendment to the Constitution of the 
     United States specifies that 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 founders of our Republic and the framers of 
     the Constitution of the United States understood that 
     centralized power is inconsistent with republican ideals, and 
     accordingly limited the federal government to certain 
     enumerated powers and reserved all other powers to the states 
     and the people through the 10th Amendment; and
       ``Whereas, the federal government has exceeded the clear 
     bounds of its jurisdiction under the Constitution of the 
     United States and has imposed ever-growing numbers of 
     mandates, regulations, and restrictions upon states and local 
     governments, thereby removing power and flexibility from the 
     units of government closest to the people and increasing 
     central control in Washington; and
       ``Whereas, the United States Supreme Court recognized in 
     New York v. United States, 112 S. Ct. 2408 (1992), that the 
     constitutional limitations on federal power have continuing 
     vitality, notwithstanding the general failure of the federal 
     courts to afford remedies to the states and their citizens 
     for violations of the 10th Amendment; and
       ``Whereas, in holding that the states generally must rely 
     on political processes in Washington for their protection, 
     the federal courts have permitted Congress and federal 
     agencies to treat the states as though they are merely part 
     of the regulated community, rather than as sovereign partners 
     in a federal system of shared powers; and
       ``Whereas, federal mandates have imposed enormous costs on 
     states and localities, draining away resources and preventing 
     state governments from addressing pressing local needs such 
     as education and law enforcement; and
       ``Whereas, facing a persistent budget deficit, the federal 
     government has forced the burden of funding federal programs 
     onto state and local governments, resulting in an excessive 
     tax burden at the state and local levels; and
       ``Whereas, federal mandates and preemptive measures impose 
     `one size fits all' requirements that deprive state and local 
     governments of the ability to set priorities, thereby 
     diminishing their ability to allocate resources and tailor 
     programs in the way best suited to meet local needs; and
       ``Whereas, states and localities are burdened not only by 
     federal legislation, but also by mushrooming numbers of 
     costly, complex, lengthy, and often incomprehensible 
     regulations drafted by bureaucrats who are not accountable to 
     the people; and
       ``Whereas, the exercise of increasing power by Congress, 
     the federal courts, and the federal bureaucracy has 
     diminished the ability of citizens to influence the course of 
     their government and has produced an ever-widening gulf 
     between citizens' demands for change and the ability of state 
     and local officials to effect that change; and
       ``Whereas, experience has taught that the framers' design 
     of a balanced federal system of shared powers and dual 
     sovereignty can only be restored through federal 
     constitutional changes that secure the rights and 
     prerogatives of the states; and
       ``Whereas, proposals for structural change likely to be 
     considered by the United States Congress and the Council of 
     State Governments' proposed Conference of the States include 
     constitutional amendments that would:
       ``1. Require a balanced federal budget;
       ``2. Prohibit the imposition of unfunded federal mandates;
       ``3. Require the federal courts to render enforceable 
     decisions in cases or controversies arising under the 10th 
     Amendment;
       ``4. Give a super-majority of the states the power to 
     initiate constitutional amendments and repeal improper 
     federal legislation, subject to veto by a super-majority of 
     the United States Congress;
       ``5. Provide other safeguards against unwarranted federal 
     intrusion into the affairs of the sovereign states and their 
     local subdivisions; and
       ``Whereas, as a sovereign government under the Constitution 
     of the United States, the Commonwealth of Virginia has not 
     only the right but also the duty to defend the prerogatives 
     of the people of Virginia against federal government 
     excesses; and
       ``Whereas, the Commonwealth of Virginia currently is 
     attempting to enforce the 10th Amendment rights of its 
     citizens through appropriate litigation; now, therefore, be 
     it
       ``Resolved by the Senate, the House of Delegates 
     concurring, That Congress be urged to observe the principles 
     of federalism as required by the 10th Amendment of the 
     Constitution of the United States over all powers neither 
     prohibited to the Commonwealth of Virginia nor enumerated and 
     granted to the federal government by the Constitution of the 
     United States; and, be it
       ``Resolved further, That this resolution serve as notice 
     and demand to the federal government to cease and desist 
     immediately the imposition and enforcement of mandates that 
     are beyond the scope of its constitutionally delegated 
     powers; and, be it
       ``Resolved further, That the General Assembly of Virginia 
     endorse and support the efforts of the Governor and other 
     representatives of the people of Virginia, including the 
     members of the United States Congress, to secure adherence to 
     and enforcement of the 10th Amendment rights of the 
     Commonwealth of Virginia and its citizens and to secure 
     structural changes at the federal level that will restore the 
     states as full partners in a federal system of shared powers 
     and dual sovereignty; and, be it
       ``Resolved finally, That the Clerk of he Senate transmit a 
     copy of this resolution to the President of the United 
     States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate 
     and the members of the Virginia congressional delegation so 
     that they may be apprised of the sense of the General 
     Assembly in this matter.''
                                                                    ____

       POM-80. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia; to the Committee on 
     Governmental Affairs.
                   ``Senate Joint Resolution No. 320

       ``Whereas, the 10th Amendment to the Constitution of the 
     United States clearly limits the powers of the federal 
     government by stating that `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 debate over the powers of the federal 
     government in relation to the several states has raged 
     throughout our history, but the recent actions of the federal 
     government, particularly in the area of unfunded mandates, 
     has rekindled the controversy; and
       ``Whereas, the restriction on the power of the federal 
     government, so simply and elegantly stated in the 10th 
     Amendment, is the essence of the federalism envisioned by the 
     framers of the Constitution; and
       ``Whereas, that vision of federalism, with the states 
     retaining those powers not specifically delegated by the 
     Constitution to the federal government, has been subverted by 
     an insolvent federal government that imposes increasingly 
     onerous and costly mandates on the states; and
       ``Whereas, the assault by the Congress of the United States 
     on the 10th Amendment showing no signs of abating, the time 
     for the states to exert their constitutional rights has come; 
     now, therefore, be it
       ``Resolved by the Senate, the House of Delegates 
     concurring, That Congress be urged to 
     [[Page S4992]] observe the 10th Amendment to the Constitution 
     of the United States. The Commonwealth of Virginia 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 Constitution; and, be it
       ``Resolved further, That this resolution serve as the 
     Commonwealth of Virginia's 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
       ``Resolved finally, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, and 
     the members of the Virginia Congressional Delegation, and the 
     Attorney General of Virginia so that they may be apprised of 
     the sense of the Virginia General Assembly.''
                                                                    ____

       POM-81. A joint resolution adopted by the Legislature of 
     the State of Wyoming; to the Committee on Governmental 
     Affairs.
                   ``Enrolled Joint Resolution No. 1

       ``Whereas, the United States Constitution established a 
     balanced compound system of governance and through the Tenth 
     Amendment reserved all nondelegated and nonprohibited powers 
     to the states or to the people; and
       ``Whereas, over many years, the Federal Government has 
     dramatically expanded the scope of its power and preempted 
     state government authority and increasingly has treated 
     states as administrative subdivisions or as special interest 
     groups, rather than coequal partners; and
       ``Whereas, the Federal Government has generated massive 
     deficits and continues to mandate programs that state and 
     local governments must administer; and
       ``Whereas, the number of federal unfunded mandates has 
     grown exponentially during the last thirty (30) years and has 
     profoundly distorted state budgets, thereby handcuffing the 
     ability of state leaders to provide appropriate and needed 
     services to their constituencies; and
       ``Whereas, since 1990, the Federal Government has enacted 
     at least forth-two (42) major statutes imposing burdensome 
     and expensive regulations and requirements on states and 
     local governments which is nearly equal to all those enacted 
     in the prior two (2) decades combined; and
       ``Whereas, persistent, state-led endeavors have 
     consistently failed to generate any substantial reaction or 
     remedy from the Federal Government; and
       ``Whereas, the United States Supreme Court has repeatedly
        determined that the states must look to the Congress and 
     related political remedies for protection against Federal 
     encroachments on the reserved powers of the states; and
       ``Whereas, in recent years, states and local governments 
     have been the principal agents of government reform, and with 
     local governments, have been the pioneers of government 
     innovation, thus responding to the needs of their citizens; 
     and
       ``Whereas, the Council of State Governments has recognized 
     a sense of urgency in calling for the Conference of the 
     States, whereby each state government would send a delegation 
     to develop a comprehensive action plan to restore balance in 
     the Federal system; and
       ``Whereas, the Council of State Governments, with its 
     regional structure and groupings of elected and appointed 
     officials from all three (3) branches of state government, 
     reflects an entity ideally suited to promote and facilitate 
     such a conference; and
       ``Whereas, the Conference of the States will communicate 
     broad bipartisan public concern on the extent to which the 
     American political system has been distorted and provide a 
     formal forum for state governments to collectively propose 
     constructive remedies for a more balanced State-Federal 
     governance partnership for the 21st century: Now, therefore, 
     be it
       ``Resolved by the members of the legislature of the State 
     of Wyoming:
       ``Section 1.
       ``(a) That a delegation of five (5) voting persons from the 
     State of Wyoming shall be appointed to represent the State of 
     Wyoming at a Conference of the States for the purposes 
     described
      in subsection (b) of this section to be convened as provided 
     in subsection (c) of this section. The delegation shall 
     consist of the governor, or one (1) of the other four (4) 
     statewide elected officials designated by the governor, 
     and four (4) legislators, two (2) from each house selected 
     by the presiding officer of that house. No more than two 
     (2) of the four (4) legislators may be from the same 
     political party. Each presiding officer may designate two 
     (2) alternate legislator delegates, one (1) from each 
     party, who have voting privileges in the absence of the 
     primary delegates.
       ``(b) That the delegates of the Conference of the States 
     will propose, debate and vote on elements of an action plan 
     to restore checks and balances between states and the 
     national government. Measures agreed upon will be formalized 
     in an instrument called a States' Petition and returned to 
     the delegation's state for consideration by the entire 
     legislature.
       ``(c) That the Conference of the States shall be convened 
     under the 501(c)3 auspices of the Council of State 
     Governments in cooperation with the National Governors' 
     Association and the National Conference of State Legislatures 
     no later than two hundred seventy (270) days after 
     legislatures of at least twenty-six (26) states adopt this 
     resolution without amendment.
       ``(d) That prior to the official convening of the 
     Conference of the States the steering committee created by 
     the Council of State Governments will draft:
       ``(i) The governance structure and procedural rules for the 
     Conference;
       ``(ii) The process for receiving rebalancing proposals; and
       ``(iii) The financial and administrative functions of the 
     Conference, including the Council of State Governments as 
     fiscal agent.
       ``(e) That the bylaws for the Conference shall:
       ``(i) Conform to the provisions of this resolution;
       ``(ii) Specify that each state delegation shall have one 
     (1) vote at the Conference; and
       ``(iii) Specify that the Conference agenda be limited to 
     fundamental, structural and long-term reforms.
       ``(f) Upon the official convening of the Conference of the 
     States, the state delegations will vote upon and approve the 
     Conference governing structure, operating rules and bylaws.
       ``Section 2. That the Secretary of State of Wyoming 
     transmit copies of this resolution to the President of the 
     United States, to the President of the Senate and the Speaker 
     of the House of Representatives of the United States 
     Congress, to the Council of State Governments, to the 
     National Conference of State Legislatures and to the Wyoming 
     Congressional Delegation.''
                                                                    ____

       POM-82. A resolution adopted by Council of the City of 
     Hastings, Nebraska relative to the flag; to the Committee on 
     the Judiciary.
       POM-83. A resolution adopted by Council of Juvenile and 
     Family Court Judges, Nashville, Tennessee relative to the 
     judiciary; to the Committee on the Judiciary.
       POM-84. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia; to the Committee on the 
     Judiciary.
                   ``Senate Joint Resolution No. 341

       ``Whereas, pursuant to Article 1, Section 8, and Article 
     IV, Section 4 of the U.S. Constitution, the federal 
     government has the sole authority to regulate immigration, to 
     protect states from invasion, and to guarantee states a 
     republican form of government; and
       ``Whereas, the President and Congress set the limits for 
     the number of legal immigrants who each year enter this 
     country to reside and also require the states to provide 
     education, emergency medical care and incarceration for many 
     undocumented immigrants with little or no reimbursement; and
       ``Whereas, while professing a moral obligation to reimburse 
     the states for the costs which result from their immigration 
     policy, Congress has continued to renege on its promise; and
       ``Whereas, many states, especially those with large 
     concentrations of undocumented immigrants living within their 
     borders, have made their complaints in the form of suits in 
     federal courts to recover some of the costs which the states 
     feel result from the failure of the federal government to 
     enforce the nation's borders and provide adequate resources 
     for immigration; and
       ``Whereas, the federal government has recently begun to 
     review the issue through the creation of a national committee 
     on immigration reform, whose final report is due in 1997, and 
     by providing additional money for some programs, especially 
     border control and reimbursement for the incarceration of 
     convicted offenders; and
       ``Whereas, many states are being hard hit by budgetary 
     cutbacks and are feeling the impact on state revenues and 
     expenditures incurred by these federal mandates; now, 
     therefore, be it
       ``Resolved by the Senate, the House of Delegates 
     concurring, That it is the sense of the General Assembly of 
     Virginia that Congress should honor its obligations, both 
     constitutional and legislative, and reimburse states for the 
     cost of providing services to undocumented immigrants; and, 
     be it
       ``Resolved further, That the Clerk of the Senate shall 
     transmit copies of this resolution to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, and to 
     the members of the Virginia Congressional Delegation in order 
     that they may be apprised of the sentiment of the General 
     Assembly.''
                                                                    ____

       POM-85. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia; to the Committee on the 
     Judiciary.
                    ``House Joint Resolution No. 658

       ``Whereas, each year this nation becomes more deeply in 
     debt as its expenditures repeatedly exceed available revenues 
     so that the total federal public debt now approaches $5 
     trillion and continues to increase; and
       ``Whereas, the federal budget fails to reflect actual 
     spending because of the exclusion of special outlays which 
     are neither included in the budget nor subject to the legal 
     public debt limit; and
       ``Whereas, knowledgeable planning requires that the budget 
     reflect all federal spending and that the budget be in 
     balance; and
       [[Page S4993]] ``Whereas, attempts to curtail federal 
     spending, confine expenditures to available revenues, and 
     reduce the annual deficit have met with only limited success; 
     and
       ``Whereas, fiscal irresponsibility at the federal level, 
     with the inflation that can result from this policy, is the 
     greatest threat which faces our nation; and
       ``Whereas, the requirement to balance the budget and a 
     presidential line-item veto are two measures which will 
     promote responsibility at the federal level, provide checks 
     against unnecessary and costly appropriations, and reinforce 
     efforts to bring about fiscal integrity; and
       ``Whereas, the Constitution of this Commonwealth provides 
     for both a balanced budget and gubernatorial line-item veto, 
     and these provisions have reinforced the inherent fiscal 
     common sense of spending only funds available and have 
     contributed to the Commonwealth's outstanding reputation for 
     sound fiscal management and policy; now, therefore, be it
       ``Resolved by the House of Delegates, the Senate 
     concurring, That Congress be urged to hereby express its 
     vigorous and continuing support for amendments to the 
     Constitution of the United States to require a balanced 
     budget and provide a line-item veto power for the President; 
     and, be it
       ``Resolved further, That a copy of this resolution be sent 
     to the President of the United States, the Speaker of the 
     House of Representatives, the President of the United States 
     Senate, and to each member of the Virginia Congressional 
     Delegation in order that they may be apprised of the 
     sentiment of the General Assembly of Virginia.''
                                                                    ____

       POM-86. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia; to the Committee on the 
     Judiciary.
                   ``Senate Joint Resolution No. 279

       ``Whereas, all thirty-three amendments proposed to the 
     United States Constitution since 1788, including the twenty-
     seven amendments adopted, have been initiated by the 
     Congress; and
       ``Whereas, more than 400 petitions from the several states 
     requesting a constitutional convention to propose amendments 
     have been filed with Congress but have never resulted in the 
     calling of a convention or adoption of an amendment; and
       ``Whereas, there should be a careful balance of national 
     and state power in a federal system, and the present 
     mechanisms for the amendment of the Constitution have proven 
     to be incapable of affording the proper balance between the 
     national and state governments in their abilities to propose 
     amendments to the Constitution; and
       ``Whereas, the envisioned and desirable equipoise between 
     national and state powers requires a means for the several 
     states to be able to propose and adopt amendments to the 
     Constitution; and
       ``Whereas, the Commonwealth, in 1990, joined with other 
     states to propose an amendment to the United States 
     Constitution to enable three-fourths of the states to amend 
     the Constitution subject to congressional veto and, in 1995, 
     confirms its support for that proposal, 1990 House Joint 
     Resolution No. 140; and
       ``Whereas, it is proper that alternative proposals to 
     address the issue of how best to restore the desired balance 
     between the states and the national government should be 
     considered; and
       ``Whereas, the agreement by three-fourths of the 
     legislatures of the several states to the same proposed 
     amendment within a seven-year span should provide assurance 
     that a proposed amendment is the will of the people, and that 
     agreement should result in the adoption of the proposed 
     amendment without the necessity of action by the Congress; 
     now, therefore, be it
       ``Resolved by the Senate, the House of Delegates 
     concurring, That the General Assembly of Virginia request the 
     Congress of the United States to propose an amendment to 
     Article V of the Constitution of the United States which 
     provides for state-initiated amendments to the Constitution. 
     The amendment provides for the deletion of the language shown 
     as stricken and the insertion of the italicized language, in 
     essence, as follows:


               ``article v--amendment of the constitution

       ``The Congress, whenever two-thirds of both houses shall 
     deem it necessary, shall propose amendments to this 
     Constitution, or, on the applications of the legislatures of 
     two-thirds of the several states, shall call a convention for 
     proposing amendments, which, in either case, shall be valid 
     to all intents and purposes, as part of this Constitution, 
     when ratified by the legislatures of three fourths of the 
     several states, or by conventions in three fourths thereof, 
     as the one or the other mode of ratification may be proposed 
     by the Congress.
       ``In addition, whenever the legislatures of three fourths 
     of the several states shall propose and adopt an identical 
     amendment to this Constitution, related to but one subject, 
     that amendment shall be valid as a part of this Constitution, 
     without any action being required by the Congress, upon 
     receipt by the Clerk of the Supreme Court of certified copies 
     of that amendment from states which represent three fourths 
     of the several states; provided that the Clerk receives such 
     certified copies within a seven-year period beginning on the 
     date he receives the first certified copy of the proposed 
     amendment; and provided that each state shall retain the 
     power to rescind its action to propose and adopt the 
     amendment until the expiration of the seven-year period or 
     the date of receipt by the Clerk of certified copies of the 
     same amendment from three-fourths of the several states 
     whichever first occurs.
       ``Upon receipt from the first ten states of the identical 
     proposed amendment, the Supreme Court shall within sixty days 
     thereafter rule whether the amendment is, in fact, related to 
     one subject only if the Supreme Court rules that the 
     amendment is related to but one subject, or if the Supreme 
     Court fails to rule on the issue within the sixty days, the 
     amendment shall be conclusively presumed to meet the one-
     subject standard. If the Supreme Court rules that the 
     amendment fails to meet the one-subject standard, the 
     proposed amendment shall be invalid.
       ``However, no state, without its consent, shall be deprived 
     of its equal suffrage in the Senate; and, be it
       ``Resolved further, That the General Assembly request the 
     legislatures of the several states to apply to Congress for 
     the proposal of this amendment to the Constitution of the 
     United States; and, be it
       ``Resolved finally, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the Senate of 
     the United States, the Speaker of the House of 
     Representatives of the United States, the Archivist of the 
     United States at the National Archives and Records 
     Administration of the United States, the members of the 
     Virginia delegation to the United States Congress, and the 
     legislatures of each of the several states, attesting the 
     adoption of this resolution.''
     

                          ____________________