[Congressional Record Volume 149, Number 149 (Wednesday, October 22, 2003)]
[Senate]
[Pages S13049-S13052]
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:

       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.
                                  ____

       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

[[Page S13050]]

     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 *  *  *
                                  ____

       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.
                                  ____

       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.
                                  ____

       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

[[Page S13051]]

     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.
                                  ____

       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.
                                  ____

       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
       * * *
                                  ____

       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.
                                  ____

       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

[[Page S13052]]

     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.
                                  ____

       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.

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