[Congressional Record Volume 158, Number 112 (Wednesday, July 25, 2012)]
[Senate]
[Pages S5370-S5380]
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-106. A Concurrent resolution adopted by the Legislature 
     of the State of Utah expressing concerns over portions of the 
     National Defense Authorization Act for Fiscal Year 2012; to 
     the Committee on Armed Services

                  Senate Concurrent Resolution No. 11

       Whereas, the Congress of the United States passed the 
     National Defense Authorization Act for Fiscal Year 2012 
     (``2012 NDAA'') on December 15, 2011;
       Whereas, the President of the United States of America 
     signed the 2012 NDAA into law on December 31, 2011;
       Whereas, Section 1021 of the 2012 NDAA affirms the 
     authority of the Armed Forces of the United States to detain 
     covered persons pending disposition under the law of war and 
     defines covered persons to include persons associated with 
     the attacks on September 11, 2011 or members and supporters 
     of al-Qaeda, the Taliban, or other associated forces that are 
     engaged in hostilities against the United States;
       Whereas, Section 1022 of the 2012 NDAA requires that 
     members of al-Qaeda captured in the course of hostilities be 
     detained in military custody pending disposition under the 
     laws of war, except that it is not a requirement to detain a 
     citizen of the United States or lawful resident alien of the 
     United States on the basis of conduct taking place within the 
     United States;
       Whereas, there is disagreement about the impacts of 
     Sections 1021 and 1022 of the 2012 NDAA;
       Whereas, the United States Constitution and the Utah 
     Constitution provide for due process and a speedy trial;
       Whereas, the indefinite military detention of a citizen in 
     the United States without charge or trial violates the right 
     to be free from deprivation of life, liberty, or property 
     without due process of law guaranteed by the United States 
     Constitution, Amendment V and Utah Constitution, Article I, 
     Section 14; and
       Whereas, it is indisputable that the threat of terrorism is 
     real and that the full force of appropriate and 
     constitutional law must be used to defeat this threat; 
     however, winning the war against terror cannot come at the 
     great expense of mitigating basic, fundamental, 
     constitutional rights:Now, therefore, be it
       Resolved, That the Legislature of the State of Utah, the 
     Governor concurring therein, reaffirms our rights guaranteed 
     by the United States Constitution and the Utah Constitution, 
     and urges the United States Congress to clarify, or repeal if 
     found necessary, Sections 1021 and 1022 of the 2012 NDAA to 
     ensure protection of the rights guaranteed by the United 
     States Constitution and the Utah Constitution; be it further
       Resolved, That a copy of this resolution should be sent to 
     the Majority Leader of the United States Senate, the Speaker 
     of the United States House of Representatives, and to the 
     members of Utah's congressional delegation.
                                  ____

       POM-107. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing support for interconnection 
     of the seven Salt Lake County and Summit County ski resorts; 
     to the Committee on Commerce, Science, and Transportation.

                  Senate Concurrent Resolution No. 10

       Whereas, tourism is one of Utah's major ``export 
     industries'' that sells services or products to destination 
     visitors and brings money into the state to support our local 
     economy and provide jobs for current and future Utahns;
       Whereas, over 20 million people visited the state of Utah 
     in 2010, spending over $6.5 billion, or 5.5% of Utah's gross 
     domestic product, contributing over $840 million in state and 
     local taxes, and sustaining as much as 10% of the jobs in the 
     state;
       Whereas, the ski and snowboard industry is a major 
     contributor to Utah's tourism industry, contributing over 
     $1.2 billion to the state's economy as a result of over 4 
     million skier days, and growth in the ski and snowboard 
     industry will bring additional spending, revenue, and jobs to 
     the state;
       Whereas, tourists who ski or snowboard in Utah spend money 
     on lift tickets, equipment rentals, hotels, restaurants, car 
     rentals, and other matters, and this money circulates through 
     the economy, supporting over 20,000 local jobs;
       Whereas, the seven ski resorts in Summit County and Salt 
     Lake County are all located in close proximity to one 
     another, offering

[[Page S5371]]

     the opportunity to connect these resorts, an opportunity that 
     leading competing winter tourism states do not have;
       Whereas, connecting the ski resorts in Summit County and 
     Salt Lake County will create a skiing experience unavailable 
     anywhere else in North America and reposition Utah's ski and 
     snowboard experience to be even more competitive and 
     attractive relative to other states, leading to increased 
     tourist visitation and spending, which will in turn lead to 
     an increase in revenue and jobs;
       Whereas, it is recognized that Big and Little Cottonwood 
     Canyons are critical watersheds from which more than 500,000 
     Utah residents, businesses, and visitors throughout Salt Lake 
     County receive their drinking water, and that best management 
     practices would be required in any potential resort 
     connections;
       Whereas, the balance of multiple uses in the Wasatch 
     Mountains, including developed recreation, such as skiing and 
     picnicking, and dispersed recreation, such as hiking, 
     mountain biking, and back country skiing, are highly valued 
     by residents, visitors, and businesses in Utah and contribute 
     significantly to the state's economy and quality of life;
       Whereas, the roads to ski areas in Summit County and Salt 
     Lake County are congested during certain times of the year, 
     and studies should be conducted by numerous federal, state, 
     local, and private sector entities to comprehensively 
     evaluate alternatives to solve transportation problems;
       Whereas, connecting the ski resorts in Summit County and 
     Salt Lake County will improve access to the ski resorts and 
     allow the unique opportunity of skiing at multiple resorts in 
     a single day;
       Whereas, connecting the ski resorts in Summit County and 
     Salt Lake County is an issue of state concern because the 
     connection will cross county boundaries, have a tremendously 
     positive impact on the state economy, and may contribute 
     positively to state roadways and airsheds;
       Whereas, connecting ski resorts will allow the winter 
     sports industry to grow while making the most efficient and 
     sustainable use of ski terrain, roads, facilities, and 
     parking lots;
       Whereas, connecting the ski resorts in Summit County and 
     Salt Lake County may require review and approval of permits 
     by Summit County, Salt Lake County, Salt Lake City, Park 
     City, the town of Alta, and the United States Forest Service;
       Whereas, the public will be engaged in meaningful and 
     balanced ways in any potential decision-making processes 
     regarding resort interconnections, and these processes will 
     be open and transparent;
       Whereas, many skiers drive from Summit County to ski in the 
     Cottonwood Canyons, or from one Cottonwood Canyon resort to 
     ski in Summit County or at another Cottonwood Canyon resort, 
     contributing to congestion on canyon roads;
       Whereas, connecting the ski resorts in Summit County and 
     Salt Lake County will decrease traffic on congested canyon 
     roads and lead to cleaner air and water by reducing 
     automobile-related pollution, and provide emergency 
     evacuation options for Big and Little Cottonwood canyons;
       Whereas, the 1988 Governor's Task Force on Interconnect 
     concluded that 3 kA)47 S.C.R. 10 Enrolled Copy 
     interconnecting the Wasatch ski resorts ``would provide a 
     substantial boost to Utah's ski industry and have a positive 
     influence on the state's economy''; and
       Whereas, the Wasatch Mountains Inter-Resort Transportation 
     Study, completed by Mountainland Association of Governments 
     in 1990, found that connecting the Wasatch resorts ``hold[s] 
     the promise of substantial public benefits in the form of 
     reductions in automobile traffic on congested canyon 
     roadways, watershed and environmental pollution abatement, 
     increased slow-season occupancy of existing facilities, and 
     the potential for future economic expansion'': Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, support connecting the seven ski 
     resorts in Summit County and Salt Lake County with an inter-
     resort transportation system based on sound research and 
     balanced public input, and careful evaluation of its impact 
     on transportation, the economy, job creation, the 
     environment, multiple uses, and visitor experience; and be it 
     further
       Resolved, That the Legislature and Governor encourage 
     Summit County, Salt Lake County, Salt Lake City, Park City, 
     the town of Alta, and the United States Forest Service to 
     fairly consider the benefits of connecting the various 
     resorts and expeditiously approve a low-impact inter-resort 
     transportation system based on appropriate analysis and 
     balanced public input; and be it further
       Resolved,  That a copy of this resolution be sent to the 
     Summit County Council, the Summit County Manager, the mayor 
     of Park City, the Park City Council, the Salt Lake County 
     Council, the town of Alta, the Mayor of Salt Lake County, the 
     Salt Lake City Council, the Mayor of Salt Lake City, the 
     Chief of the National Forest Service, the Uinta-Wasatch-Cache 
     National Forest Supervisor, the Speaker of the United States 
     House of Representatives, the Majority Leader of the United 
     States Senate, and all members of the Utah Congressional 
     Delegation.
                                  ____

       POM-108. A joint resolution adopted by the Legislature of 
     the State of Utah petitioning the federal government to 
     transfer title of public lands to the state of Utah; to the 
     Committee on Energy and Natural Resources.

                      House Joint Resolution No. 3

       Whereas, in 1780, the United States Congress resolved that 
     ``the unappropriated lands that may be ceded or relinquished 
     to the United States, by any particular states, pursuant to 
     the recommendation of Congress of the 6 day of September 
     last, shall be granted and disposed of for the common benefit 
     of all the United States that shall be members of the federal 
     union, and be settled and formed into distinct republican 
     states, which shall become members of the federal union, and 
     have the same rights of sovereignty, freedom and 
     independence, as the other states: . . . and that upon such 
     cession being made by any State and approved and accepted by 
     Congress, the United States shall guaranty the remaining 
     territory of the said States respectively. (Resolution of 
     Congress, October 10, 1780)'';
       Whereas, the territorial and public lands of the United 
     States are dealt with in Article IV, section 3, clause 2 of 
     the United States Constitution, referred to as the Property 
     Clause, which states, ``The Congress shall have Power to 
     dispose of and make all needful Rules and Regulations 
     respecting the Territory or other Property belonging to the 
     United States.'';
       Whereas, with this clause, the Constitutional Convention 
     agreed that the Constitution would maintain the ``statu quo'' 
     that had been established with respect to the federal 
     territorial lands being disposed of only to create new states 
     with the same rights of sovereignty, freedom, and 
     independence as the original states;
       Whereas, under these express terms of trust, the land 
     claiming states, over time, ceded their western land to their 
     confederated union and retained their claims that the 
     confederated government dispose of such lands only to create 
     new states ``and for no other use or purpose whatsoever'' and 
     apply the net proceeds of any sales of such lands only for 
     the purpose of paying down the public debt;
       Whereas, with respect to the disposition of the federal 
     territorial lands, the Northwest Ordinance of July 13, 1787, 
     provides, ``The legislatures of those districts or new 
     States, shall never interfere with the primary disposal of 
     the soil by the United States in Congress assembled, nor with 
     any regulations Congress may find necessary for securing the 
     title in such soil to the bona fide purchasers'';
       Whereas, by resolution in 1790, the United States Congress 
     declared ``That the proceeds of sales which shall be made of 
     lands in the Western territory, now belonging or that may 
     hereafter belong to the United States, shall be, and are 
     hereby appropriated towards sinking or discharging the debts 
     for the payment whereof the United States now are, or by 
     virtue of this act may be holden, and shall be applied solely 
     to that use, until the said debt shall be fully satisfied'';
       Whereas, the intent of the founding fathers to eventually 
     extinguish title to all public lands was reaffirmed by 
     President Andrew Jackson in a message to the United States 
     Senate on December 4, 1833, where he explained the reasons he 
     vetoed a bill entitled ``An act to appropriate for a limited 
     time the proceeds of the sales of the public lands of the 
     United States and for granting lands to certain States'': ``I 
     do not doubt that it is the real interest of each and all the 
     States in the Union, and particularly of the new States, that 
     the price of these lands shall be reduced and graduated, and 
     that after they have been offered for a certain number of 
     years the refuse remaining unsold shall be abandoned to the 
     States and the machinery of our land system entirely 
     withdrawn. It can not be supposed the compacts intended that 
     the United States should retain forever a title to lands 
     within the States which are of no value, and no doubt is 
     entertained that the general interest would be best promoted 
     by surrendering such lands to the States'';
       Whereas, in 1828, United States Supreme Court Chief Justice 
     John Marshall, in American Ins. Co. v. 356 Bales of Cotton, 
     26 U.S. 511 (1828), confirmed that no provision in the 
     Constitution authorized the federal government to 
     indefinitely exercise control over western public lands 
     beyond the duty to manage these lands pending the disposal of 
     the lands to create new states when he said, ``At the time 
     the Constitution was formed, the limits of the territory over 
     which it was to operate were generally defined and recognised 
     (sic). These limits consisted in part, of organized states, 
     and in part of territories, the absolute property and 
     dependencies of the United States. These states, this 
     territory, and future states to be admitted into the Union, 
     are the sole objects of the Constitution; there is no express 
     provision whatever made in the Constitution for the 
     acquisition or government of territories beyond those 
     Limits.'';
       Whereas, in 1833, referring to these land cession compacts 
     which arose from the original 1780 congressional resolution, 
     President Andrew Jackson stated, ``These solemn compacts, 
     invited by Congress in a resolution declaring the purposes to 
     which the proceeds of these lands should be applied, 
     originating before the constitution, and forming the basis on 
     which it was made, bound the United States to a particular 
     course of policy in relation to them by ties as strong as can 
     be invented to secure the faith of nations'' (Land bill veto, 
     December 5, 1833);

[[Page S5372]]

       Whereas, the United States Supreme Court, in State of Texas 
     v. White, 74 U.S. 700 (1868), clarified that a state, by 
     definition, includes a defined sovereign territory, stating 
     that ``State,'' in the constitutional context, is ``a 
     political community of free citizens, occupying a territory 
     of defined boundaries, and organized under a government 
     sanctioned and limited by a written constitution, and 
     established by the consent of the governed'', and added, 
     ``This is undoubtedly the fundamental idea upon which the 
     republican institutions of our own country are established'';
       Whereas, in Shively v. Bowlby, 152 U.S. 1 (1894), the 
     United States Supreme Court confirmed that all federal 
     territories, regardless of how acquired, are held in trust to 
     create new states on an equal footing with the original 
     states when it stated, ``Upon the acquisition of a Territory 
     by the United States, whether by cession from one of the 
     States, or by treaty with a foreign country, or by discovery 
     and settlement, the same title and dominion passed to the 
     United States, for the benefit of the whole people, and in 
     trust for the several States to be ultimately created out of 
     the Territory.'';
       Whereas, the United States Supreme Court has affirmed that 
     the federal government must honor its trust obligation to 
     extinguish title to the public lands for the sovereignty of 
     the new state to be complete, stating once ``the United 
     States shall have fully executed these trusts, the municipal 
     sovereignty of the new states will be complete, throughout 
     their respective borders, and they, and the original states, 
     will be upon an equal footing, in all respects. . .'' 
     (Polland v. Hagan, 44 U.S. 212 (1845));
       Whereas, the enabling acts of the new states west of the 
     original colonies established the terms upon which all such 
     states were admitted into the union, and contained the same 
     promise to all new states that the federal government would 
     extinguish title to all public lands lying within their 
     respective borders;
       Whereas, the United States Supreme Court looks upon the 
     enabling acts which create new states as ``solemn compacts'' 
     and ``bilateral (two-way) agreements'' to be performed ``in a 
     timely fashion'';
       Whereas, under Section 3 of Utah's Enabling Act, Utah 
     agreed to the same solemn compacts as states preceding in 
     statehood, that until the title to unappropriated public 
     lands lying within the state's boundaries ``shall have been 
     extinguished by the United States, the same shall be and 
     remain subject to the disposition of the United States, and 
     said Indian lands shall remain under the absolute 
     jurisdiction and control of the Congress of the United 
     States; . . . that no taxes shall be imposed by the State on 
     lands or property therein belonging to or which may hereafter 
     be purchased by the United States or reserved for its use'';
       Whereas, the trust obligation of the federal government to 
     timely extinguish title of all public lands lying within the 
     boundaries of the state of Utah is made even more clear in 
     Section 9 of Utah's Enabling Act as follows: ``That five per 
     centum of the proceeds of the sales of public lands lying 
     within said State, which shall be sold by the United States 
     subsequent to the admission of said State into the Union, 
     after deducting all the expenses incident to the same shall 
     be paid to the said State, to be used as a Permanent Fund, 
     the interest of which only shall be expended for the support 
     of the common schools within said State'';
       Whereas, the federal government confirmed its trust 
     obligation to timely extinguish title to all public lands 
     lying within the boundaries of the state of Utah by and 
     through the 1934 Taylor Grazing Act, which declared that the 
     act was established ``In order to promote the highest use of 
     the public lands pending its final disposal'';
       Whereas, in 1976, after nearly 200 years of trust history 
     regarding the obligation of Congress to extinguish title of 
     western lands to create new states and use the proceeds to 
     discharge its public debts, the United States Congress 
     purported to unilaterally change this solemn promise by and 
     through the Federal Land Policy Management Act (FLPMA), which 
     provides, in part, ``The Congress declares that it is the 
     policy of the United States that the public lands be retained 
     in Federal ownership, unless . . . it is determined that 
     disposal of a particular parcel will serve the federal 
     interest'';
       Whereas, at the time of Utah's Enabling Act the course and 
     practice of the United States Congress with all prior states 
     admitted to the union had been to fully extinguish title, 
     within a reasonable time, to all lands within the boundaries 
     of such states, except for those Indian lands, or lands 
     otherwise expressly reserved to the exclusive jurisdiction of 
     the United States;
       Whereas, the state of Utah did not, and could not have, 
     contemplated or bargained for the United States failing or 
     refusing to abide by its solemn promise to extinguish title 
     to all lands within its defined boundaries within a 
     reasonable time such that the state of Utah and its permanent 
     fund for its common schools could never realize the 
     bargained-for benefit of the deployment, taxation, or 
     economic benefit of all the lands within its defined 
     boundaries;
       Whereas, from 1780 forward the federal government only held 
     bare legal title to the western public lands in the nature of 
     a trustee in trust with the solemn obligation to timely 
     extinguish title to such lands to create new states and to 
     use the proceeds to pay the public debt;
       Whereas, the federal government complied with its promise 
     and solemn obligation to imminently transfer title of public 
     lands lying within the boundaries of all states to the 
     eastern edge of the state of Colorado and also with the state 
     of Hawaii;
       Whereas, by the terms of Utah's Enabling Act, Utah 
     suspended its sovereign right to eventually tax the public 
     lands within its borders, pending final disposition of the 
     public lands;
       Whereas, the federal government has repeatedly and 
     persistently failed to honor its promises and has refused to 
     abide by the terms of its preexisting solemn obligations to 
     imminently extinguish title to all public lands;
       Whereas, had Congress honored its promise to Utah to timely 
     extinguish title to all public lands within Utah's 
     boundaries, Utah would have had sovereign control over lands 
     within its borders;
       Whereas, Congress, by and through FLPMA, unilaterally 
     altered its duty in 1976 to extinguish title to all public 
     lands within Utah's borders by committing to a policy of 
     retention and a process of comprehensive land management and 
     planning coordinated between the federal government, the 
     states, and local governing bodies for access, multiple use, 
     and sustained yield of the public lands;
       Whereas, despite the fact that the federal government had 
     not divested all public lands within Utah's borders by 1976, 
     this did not alleviate the federal government from its duty 
     to extinguish title and divest itself of federal ownership of 
     remaining public land in Utah by ceding such land directly to 
     the state as it did with other states;
       Whereas, since the passage of FLPMA, the federal government 
     has engaged in a persistent pattern and course of conduct in 
     direct violation of the letter and spirit of FLPMA through an 
     abject disregard of local resource management plans, failure 
     and refusal to coordinate and cooperate with the state and 
     local governments, unilateral and oppressive land control 
     edicts to the severe and extreme detriment of the state and 
     its ability to adequately fund education, provide essential 
     government services, secure economic opportunities for wage 
     earners and Utah business, and ensure a stable prosperous 
     future;
       Whereas, under the United States Constitution, the American 
     states reorganized to form a more perfect union, yielding up 
     certain portions of their sovereign powers to the elected 
     officers of the government of their union, yet retaining the 
     residuum of sovereignty for the purpose of independent 
     internal self governance;
       Whereas, by compact between the original states, 
     territorial lands were divided into ``suitable extents of 
     territory'' and upon attaining a certain population, were to 
     be admitted into the union upon ``an equal footing'' as 
     members possessing ``the same rights of sovereignty, freedom 
     and independence'' as the original states;
       Whereas, the federal trust respecting public lands 
     obligates the United States, through their agent, Congress, 
     to extinguish both their government jurisdiction and their 
     title on the public lands that are held in trust by the 
     United States for the states in which they are located;
       Whereas, the state and federal partnership of public lands 
     management has been eroded by an oppressive and over-reaching 
     federal management agenda that has adversely impacted the 
     sovereignty and the economies of the state of Utah and local 
     governments;
       Whereas, federal land-management actions, even when applied 
     exclusively to federal lands, directly impact the ability of 
     the state of Utah to manage its school trust lands in 
     accordance with the mandate of the Utah Enabling Act and to 
     meet its obligation to the beneficiaries of the trust;
       Whereas, Utah has been substantially damaged in its ability 
     to provide funding for education and the common good of the 
     state and to serve a sustainable, vibrant economy into the 
     future because the federal government has unduly retained 
     control of nearly two-thirds of the lands lying within Utah's 
     borders;
       Whereas, Utah consistently ranks highest among all the 
     states in class size and lowest in the nation in per pupil 
     spending for education;
       Whereas, had the federal government disposed of the land in 
     or about 1896, Utah would have, from that point forward, 
     generated substantial tax revenues and revenues from the 
     sustainable managed use of its natural resources to the 
     benefit of its public schools and to the common good of the 
     state and nation;
       Whereas, the federal government gives Utah less than half 
     of the net proceeds of mineral lease revenues and severance 
     taxes generated from the lands within Utah's borders;
       Whereas, Utah has been substantially damaged in mineral 
     lease revenues and severance taxes in that, had the federal 
     government extinguished title to all public lands, Utah would 
     realize 100% of the mineral lease revenues and severance 
     taxes from the lands;
       Whereas, the Bureau of Land Management's (BLM) failure to 
     act affirmatively on definitive allocation decisions of 
     multiple use activities in resource management plans has 
     created uncertainty in the future of public land use in Utah 
     and has caused capital to flee the state;
       Whereas, during the process of finalizing the most recent 
     six Resource Management Plans, the BLM refused to consider 
     state and

[[Page S5373]]

     local government acknowledgments of R.S. 2477 rights-of-way 
     or other evidence of the existence of R.S. 2477 rights-of-way 
     in the Grand Staircase Escalante National Monument;
       Whereas, the BLM has demonstrated a chronic inability to 
     handle the proliferation of wild horses and burros on the 
     public lands, to the detriment of the rangeland resource;
       Whereas, the United States Army Corps of Engineers is 
     proposing to extend its jurisdiction to regulate the waters 
     of the United States to areas traditionally dry, except 
     during severe weather events, in violation of the common 
     definition of jurisdictional waters;
       Whereas, in 1996, the president of the United States abused 
     the intent of the Antiquities Act by the creation of the 
     Grand Staircase Escalante National Monument without any 
     consultation with the state and local authorities or 
     citizens;
       Whereas, the United States Fish and Wildlife Service is 
     making decisions concerning various species on BLM lands 
     under the provisions of the Endangered Species Act without 
     serious consideration of state wildlife management activities 
     and protection designed to prevent the need for a listing, or 
     recognizing the ability to delist a species, thereby 
     affecting the economic vitality of the state and local 
     region;
       Whereas, the BLM has not authorized all necessary rangeland 
     improvement projects involving the removal of pinyon-juniper 
     and other climax vegetation, thereby reducing the biological 
     diversity of the range, reducing riparian viability and water 
     quality, and reducing the availability of forage for both 
     livestock and wildlife;
       Whereas, Utah initially supported placing into reserve the 
     six National Forests in Utah--Ashley, Fishlake, Manti La-Sal, 
     Dixie, Uinta, and Wasatch-Cache, because Utah was promised 
     this action would preserve the forest lands as watersheds and 
     for agricultural use--namely timber and other wood products, 
     and grazing;
       Whereas, this vision and promise of agricultural production 
     on the forest lands is the reason that the United States 
     Forest Service was made part of the United States Department 
     of Agriculture as opposed to the Department of the Interior;
       Whereas, the promise of preservation for agricultural use 
     has been broken by the current and recent administrations;
       Whereas, logging, timber, and wood products operations on 
     Utah's National Forests have come to a virtual standstill, 
     resulting in forests that are choked with old growth 
     monocultures, loss of aspen diversity, loss of habitat, and a 
     threat to community watersheds due to insect infestation and 
     catastrophic fire;
       Whereas, these conditions are the result of a failure to 
     properly manage the forest lands for their intended use, 
     which is responsible and sustained timber production, 
     watersheds, and grazing;
       Whereas, the only remedy for federal government breaches of 
     Utah's Enabling Act Compact and breaches to the spirit and 
     letter of the promises of FLPMA is for the state of Utah to 
     take back title and management responsibility of federally-
     managed public lands, which would restore the promises in the 
     solemn compact made at statehood;
       Whereas, under Article I, Section 8, Clause 17 of the 
     United States Constitution, the federal government is only 
     constitutionally authorized to exercise jurisdiction over and 
     above bare right and title over lands that are ``purchased by 
     the Consent of the Legislature of the State in which the Same 
     shall be, for the Erection of Forts, Magazines, Arsenals, 
     dock-Yards, and other needful Buildings'';
       Whereas, the United States Supreme Court affirmed that the 
     federal government only holds lands as a mere ``ordinary 
     proprietor'' and cannot exert jurisdictional dominion and 
     control over public lands without the consent of the state 
     Legislature, stating ``Where lands are acquired without such 
     consent, the possession of the United States, unless 
     political jurisdiction be ceded to them in some other way, is 
     simply that of an ordinary proprietor (emphasis added). The 
     property in that case, unless used as a means to carry out 
     the purposes of the government, is subject to the legislative 
     authority and control of the states equally with the property 
     of private individuals.''(Ft. Leavenworth R. Co. v. Lowe, 114 
     U.S. 525 (1885));
       Whereas, in a unanimous 2009 decision, the United States 
     Supreme Court, in Hawaii v. Office of Hawaiian Affairs, 556 
     U.S. 163 (2009), affirmed that Congress has no right to 
     change the promises it made to a state's Enabling Act, 
     stating, ``. . . [a subsequent act of Congress] would raise 
     grave constitutional concerns if it purported to `cloud' 
     Hawaii's title to its sovereign lands more than three decades 
     after the State's admission to the Union. . . `[T]he 
     consequences of admission are instantaneous, and it ignores 
     the uniquely sovereign character of that event . . . to 
     suggest that subsequent events somehow can diminish what has 
     already been bestowed'. And that proposition applies a 
     fortiori [with even greater force] where virtually all of the 
     State's public lands. . . are at stake'' (emphasis added, 
     citation omitted);
       Whereas, citizens of the state of Utah have a love of the 
     land and have demonstrated responsible stewardship of lands 
     within state jurisdiction;
       Whereas, the state of Utah is willing to sponsor, evaluate, 
     and advance the locally driven efforts in a more efficient 
     manner than the federal government, to the benefit of all 
     users, including recreation, conservation, and the 
     responsible and sustainable management of Utah's natural 
     resources;
       Whereas, the state of Utah has a proven regulatory 
     structure to manage public lands for multiple use and 
     sustainable yield;
       Whereas, the United States Congress disposed of lands 
     within the boundaries of the states of Tennessee and Hawaii 
     directly to those states;
       Whereas, because of the entanglements and rights arising 
     over the 116 years that the federal government has failed to 
     honor its promise to timely extinguish title to public lands 
     and because of the federal government's breach of Utah's 
     Enabling Act and breach of FLPMA, among other promises made, 
     and the damages resulting from such breaches, the United 
     States Congress should imminently transfer title to all 
     public lands lying within the State of Utah directly to 
     the State of Utah, as it did with Hawaii and Tennessee;
       Whereas, the Legislature of the state of Utah, upon 
     transfer of title by the federal government of the public 
     lands directly to the state, intends to cede the national 
     park land to the federal government on condition that the 
     lands permanently remain national park lands, that they not 
     be sold, transferred, left in disrepair, or conveyed to any 
     party other than the state of Utah;
       Whereas, the Legislature of the state of Utah, upon 
     transfer of title by the federal government of the public 
     lands directly to the state, intends to cede to the federal 
     government all lands currently designated as part of the 
     National Wilderness Preservation System pursuant to the 
     Wilderness Act of 1964;
       Whereas, in order to effectively address the accumulated 
     entanglements and expectations over Utah's public lands, 
     including open space, access, multiple use, and the 
     management of sustainable yields of Utah's natural resources, 
     a Utah Public Lands Commission should be formed to review and 
     manage multiple use of the public lands and to determine, 
     through a public process, the extent to which public land may 
     be sold, if any; and
       Whereas, to the extent that the Public Lands Commission 
     determines through a public process that any such land should 
     be sold to private owners, that 5% of the net proceeds should 
     be paid to the permanent fund for Utah's public schools, and 
     95% of the net proceeds should be paid to the federal 
     government to pay down the federal debt: Now, therefore, be 
     it
       Resolved that in order to provide a fair, justified, and 
     equitable remedy for the federal government's past and 
     continuing breaches of its solemn promises to the State of 
     Utah as set forth in this resolution and to provide for the 
     sufficient and necessary funding of Utah's public education 
     system, the Legislature of the state of Utah demands that the 
     federal government imminently transfer title to all of the 
     public lands within Utah's borders directly to the state of 
     Utah. Be it further
       Resolved, that the Legislature of the state of Utah urges 
     the United States Congress in the most strenuous terms to 
     engage in good faith communication, cooperation, 
     coordination, and consultation with the state of Utah 
     regarding the transfer of public lands directly to the state 
     of Utah. Be it further
       Resolved, that, upon transfer of the public lands directly 
     to the state of Utah, the Legislature intends to 
     affirmatively cede the national park lands to the federal 
     government, under Article I, Section 8, Clause 17 of the 
     United States Constitution, on condition that the lands 
     permanently remain national park lands, that they not be 
     sold, transferred, left in substantial disrepair, or conveyed 
     to any party other than the state of Utah. Be it further
       Resolved, that, upon transfer of the public lands directly 
     to the state of Utah, the Legislature intends to 
     affirmatively cede to the federal government all lands 
     currently designated as part of the National Wilderness 
     Preservation System pursuant to the Wilderness Act of 1964. 
     Be it further
       Resolved, that the Legislature calls for the creation of a 
     Utah Public Lands Commission to review and manage access, 
     open space, sustainable yields, and the multiple use of the 
     public lands and to determine, through a public process, the 
     extent to which public land may be sold. Be it further
       Resolved, that, to the extent that the Public Lands 
     Commission determines through a public process that any such 
     land should be sold to private owners, that 5% of the net 
     proceeds should be paid to the permanent fund for the public 
     schools, and 95% should be paid to the Bureau of the Public 
     Debt to pay down the federal debt. Be it further
       Resolved, that copies of this resolution be sent to the 
     United States Department of the Interior, the Majority Leader 
     of the United States Senate, the Speaker of the United States 
     House of Representatives, the members of Utah's congressional 
     delegation, and the Governors, Senate Presidents, and 
     Speakers of the House of the 49 other states.
                                  ____

       POM-109. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing support for new technologies 
     and facilities that allow for, and enhance the production and 
     value of, Uintah Black Wax in the Uintah Basin; to the 
     Committee on Energy and Natural Resources.

                   Senate Concurrent Resolution No. 8

       Whereas, the United States is seeking energy development 
     opportunities;
       Whereas, using natural resources from all possible energy 
     producing sources is integral to economic growth;

[[Page S5374]]

       Whereas, within the Uintah Basin of the state of Utah, 
     there is an abundance of crude oil commonly referred to as 
     Black and Yellow Wax crude;
       Whereas, geological estimates put the potential of this 
     resource on equal footing with the largest oil developments 
     in the United States;
       Whereas, on average, the United States imports from foreign 
     sources more than half of all oil sold in America;
       Whereas, a significant amount of imported oil comes from 
     countries and regions hostile to the interests of the United 
     States;
       Whereas, conservative estimates indicate that there is more 
     recoverable oil on federal lands in the United States than in 
     Saudi Arabia, a major source of imported oil;
       Whereas, a significant amount of the oil in the Uintah 
     Basin is found beneath tribal lands;
       Whereas, the Ute Indian Tribes receive significant 
     compensation from oil production on tribal lands;
       Whereas, the United States Treasury receives significant 
     revenues from severance taxes paid from oil extraction on 
     federal and tribal lands;
       Whereas, the state of Utah receives significant revenues 
     from severance taxes paid from oil extraction on lands within 
     the state;
       Whereas, the Utah School and Institutional Trust Lands 
     (SITLA) receives significant revenues from oil extracted on 
     SITLA lands in the Uintah Basin;
       Whereas, the economies of the counties in the Uintah Basin 
     depend upon the oil and gas industry;
       Whereas, the major producers of oil in the Uintah Basin are 
     actively pursuing opportunities to increase production;
       Whereas, because of the molecular nature of the wax crude 
     in the Uintah Basin, the refineries in North Salt Lake are 
     currently the only viable market for producers of the wax 
     crude;
       Whereas, an oil upgrading facility could change the 
     molecular structure of the wax crude to liquefy it and allow 
     the wax to be delivered to market via pipeline;
       Whereas, an oil upgrading facility in the Uintah Basin 
     would allow for increased production of the wax crude in the 
     Uintah Basin, to the benefit of all Utahns; and
       Whereas, private companies are willing and anxious to build 
     an oil upgrading facility on private land in the Uintah 
     Basin: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, supports and encourages new 
     technologies and facilities that allow for, and enhance the 
     production and value of, Uintah Black Wax: be it further
       Resolved, That the Legislature and the Governor urge that 
     the development of an oil upgrading facility in the Uintah 
     Basin, through the cooperation and consideration of local, 
     state, and federal officials, be conducted in a manner that 
     is prudent, ethical, and lawful: and be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Secretary of the Interior, the Utah Petroleum 
     Association, the Utah Department of Natural Resources, the 
     Public Service Commission, and the members of Utah's 
     congressional delegation.
                                  ____

       POM-110. A memorial adopted by the Legislature of the State 
     of Florida urging Congress to direct the United States Fish 
     and Wildlife Service to reconsider the proposed rule to 
     designate Kings Bay as a manatee refuge and in lieu of the 
     rule partner with the state and local governments in seeking 
     joint long-term solutions to manatee protection; to the 
     Committee on Energy and Natural Resources.

                         House Memorial No. 611

       Whereas, the United States Fish and Wildlife Service 
     established the Crystal River National Wildlife Refuge in 
     1983 to provide protection and sanctuary for the endangered 
     West Indian manatee within portions of Kings Bay in Crystal 
     River, and
       Whereas, the rules currently in effect within the refuge 
     have resulted in a significant increase in manatee population 
     as evidenced by monitoring, sound science, and local data, 
     and
       Whereas, the United States Fish and Wildlife Service has 
     proposed a rule to designate all of Kings Bay as a manatee 
     refuge, and
       Whereas, adoption of the proposed rule will have a 
     significant adverse impact on the tourism industry, which is 
     a critical part of the Crystal River economy, at a time when 
     its local economy is already seriously weakened by challenges 
     within the national economy, and
       Whereas, adoption of the proposed rule will also have a 
     significant adverse impact on the riparian rights of property 
     owners adjacent to Kings Bay and the connecting waterways, 
     and
       Whereas, prohibiting the use of any portion of Kings Bay 
     for recreational boating activities, such as swimming, 
     kayaking, and water skiing, will force such activities into 
     the channel of Crystal River, subjecting participants to 
     significant risks associated with sharing the channel with 
     commercial fishing boats and other large watercraft, and
       Whereas, there are viable alternatives to the proposed 
     rule, such as increased enforcement of the rules currently in 
     effect, which would accomplish the desired outcome of a 
     reduced incidence rate of manatee injury or death without 
     unduly restricting public use of Kings Bay, a water body that 
     has historically served as the heart of the Crystal River 
     community, and
       Whereas, the City Council of the City of Crystal River and 
     the Board of County Commissioners of Citrus County passed 
     unanimous resolutions requesting that the United States Fish 
     and Wildlife Service reconsider the proposed rule, and
       Whereas, adoption of the proposed rule without a proper 
     review of the impact on the City of Crystal River and the 
     surrounding communities would be arbitrary and capricious: 
     Now, therefore, be it
       Resolved, by the Legislature of the State of Florida: That 
     the Congress of the United States is urged to direct the 
     United States Fish and Wildlife Service to reconsider the 
     proposed rule to designate Kings Bay as a manatee refuge and 
     in lieu of the rule partner with the state and local 
     governments in seeking joint long-term solutions to manatee 
     protection; and be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-111. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to delegate the 
     regulation of hydraulic fracturing to the states; to the 
     Committee on Environment and Public Works.

                  Senate Concurrent Resolution No. 12

       Whereas, hydraulic fracturing, a mechanical method of 
     increasing the permeability of rock, thus increasing the 
     amount of oil or gas produced from the rock, has greatly 
     enhanced oil and gas production in Utah;
       Whereas, oil and gas production increases have led to 
     growth in employment and economic development as well as 
     promotion of energy independence for the United States;
       Whereas, the state of Utah, through the Division of Oil, 
     Gas, and Mining and the Department of Environmental Quality, 
     have proven more than capable of regulating oil and gas 
     recovery processes and ensuring the safety of workers while 
     protecting the environment; and
       Whereas, the state is best situated to closely monitor oil 
     and gas drilling and fracturing operations to ensure that 
     they are conducted in an environmentally sound manner: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urges the Congress of the United 
     States to clearly delegate responsibility for the regulation 
     of hydraulic fracturing to the states; and be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Secretary of the Interior, the Utah Division of 
     Oil, Gas, and Mining, and the members of Utah's congressional 
     delegation.
                                  ____

       POM-112. A joint resolution adopted by the Legislature of 
     the State of Maine urging the President of the United States 
     and the United States Congress to enact the Social Security 
     Fairness Act of 2011; to the Committee on Finance.

                            Joint Resolution

       Whereas, under current federal law, an individual who 
     receives a Social Security benefit and a public retirement 
     benefit derived from employment not covered under Social 
     Security is subject to a reduction in the individual's Social 
     Security benefit; and
       Whereas, these laws, known as the Government Pension Offset 
     and the Windfall Elimination Provision, greatly affect public 
     employees and the Government Pension Offset requires a 
     reduction in the spousal benefit received under Social 
     Security equal to 2/3 of the surviving spouse's benefit under 
     another government pension plan even though the spousal 
     benefit was fully earned; and
       Whereas, the Windfall Elimination Provision reduces the 
     Social Security benefit of a person who is also receiving a 
     pension from a public employer that does not participate in 
     Social Security; and
       Whereas, the Government Pension Offset and the Windfall 
     Elimination Provision are particularly burdensome on the 
     finances of low-income and moderate-income public service 
     workers such as school teachers, clerical workers and school 
     cafeteria employees; and
       Whereas, the Government Pension Offset and the Windfall 
     Elimination Provision both unfairly reduce benefits for those 
     public employees and their spouses whose careers cross the 
     line between the private and public sectors; and
       Whereas, since many lower-paying public service jobs are 
     held by women, both the Government Pension Offset and the 
     Windfall Elimination Provision have a disproportionately 
     adverse effect on women; and
       Whereas, in some cases, additional support in the form of 
     income, housing, heating and prescription drug assistance and 
     other safety net assistance from state and local governments 
     is needed to make up for the reductions imposed at the 
     federal level; and
       Whereas, other participants in Social Security do not have 
     their benefits reduced in this manner; and
       Whereas, to participate or not to participate in Social 
     Security in public sector employment is a decision of 
     employers, even though both the Government Pension Offset and 
     the Windfall Elimination Provision directly punish employees 
     and their spouses; and
       Whereas, although the Government Pension Offset was enacted 
     in 1977 and the Windfall Elimination Provision was enacted in

[[Page S5375]]

     1983, many of the benefits in dispute had been paid into 
     Social Security prior to the enactment of those laws; and
       Whereas, H.R. 1332, the Social Security Fairness Act of 
     2011, a bipartisan bill introduced in the United States House 
     of Representatives, would repeal these 2 unfair federal 
     pension offsets, which penalize so many people in Maine and 
     the rest of the Nation; now, therefore, be it
       Resolved: That We, your Memorialists, respectfully urge and 
     request that the President of the United States and the 
     United States Congress work together to enact the Social 
     Security Fairness Act of 2011, permitting retention of a 
     combined public pension and Social Security benefit with no 
     applied reductions; and be it further
       Resolved: That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable Barack H. Obama, President of the United 
     States; the President of the United States Senate; the 
     Speaker of the United States House of Representatives; and 
     each Member of the Maine Congressional Delegation.
                                  ____

       POM-113. A joint memorial adopted by the Legislature of the 
     State of Colorado memorializing Congress to modify certain 
     reporting procedures for small nonprofit organizations to 
     require the Internal Revenue Service to adequately notify 
     such organizations of the procedures and to allow such 
     organizations to remedy reporting deficiencies; to the 
     Committee on Finance.

                    Senate Joint Memorial No. 12-003

       Whereas, in 2004, the United States Senate Finance 
     Committee issued a white paper proposing reforms to federal 
     oversight of nonprofit organizations; and
       Whereas, Senator Charles Grassley, Chair of the Senate 
     Finance Committee, encouraged formation of a panel of 
     nonprofit leaders to examine these issues in the white paper 
     and submit recommendations to Congress; and
       Whereas, in 2005, the Panel on the Nonprofit Sector (panel) 
     issued a ``Report to Congress and the Nonprofit Sector on 
     Governance, Transparency, and Accountability''; and
       Whereas, as part of its report, the panel recommended that 
     small nonprofit organizations be required to file an annual 
     notice with the Internal Revenue Service. The report also 
     recommended that the Internal Revenue Service should have the 
     authority, ``[a]fter an appropriate phase-in period, . . . to 
     suspend the tax-exempt status of organizations that fail to 
     file the required notification form for three consecutive 
     years''; and
       Whereas, the panel recommended the annual notice because it 
     ``. . . will assist the IRS in providing more accurate 
     information to the public about organizations eligible to 
     receive tax-deductible contributions''; and
       Whereas, in 2006, Congress adopted the ``Pension Protection 
     Act of 26'' (act), which was based in part on the panel's 
     recommendations; and
       Whereas, section 1223 of the act, codified at 2006 U.S.C. 
     sec. 6033, created new and unfamiliar annual filing 
     requirements for many small nonprofit organizations by 
     requiring those organizations to annually file Form 990-N, 
     also known as the e-Postcard; and
       Whereas, the act requires that an affected organization's 
     tax-exempt status ``be considered revoked'' rather than 
     ``suspended'' after failing to file the e-Postcard for three 
     consecutive years; and
       Whereas, although the Internal Revenue Service sent an 
     initial mailing in 2007 and has since developed other 
     resources to alert these affected nonprofit organizations of 
     the new filing requirements, nonprofit organizations with 
     outdated contact information with the Internal Revenue 
     Service did not receive these notices, and many others were 
     not sufficiently aware of how to comply with their new 
     reporting duties; and
       Whereas, based on some constituent conversations with 
     Internal Revenue Service representatives and contrary to 
     statements on the Internal Revenue Service's web site, the 
     Internal Revenue Service does not send reminder notices to 
     organizations that do not file their e-Postcards on time and 
     only notifies affected organizations after such revocation 
     has occurred; and
       Whereas, approximately 400,000 nonprofit organizations 
     across the United States, including thousands of 
     organizations in Colorado, many of which have annual budgets 
     of less than $25,000, have had their tax-exempt status 
     automatically revoked by the Internal Revenue Service for 
     failing to file an annual notice for three consecutive years. 
     Although many of these organizations no longer do business, 
     many other organizations continue to operate and could have 
     successfully maintained their tax-exempt status if they had 
     received more timely notice of the impending revocation; and
       Whereas, although the Internal Revenue Service allows 
     revoked organizations to apply for retroactive reinstatement 
     of their tax-exempt status, the application process is 
     burdensome and costly for these nonprofit organizations; Now, 
     therefore, be it
       Resolved by the Senate of the Sixty-eighth General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein,
       That we, the members of the Colorado General Assembly, 
     hereby memorialize the United States Congress to amend 26 
     U.S.C. sec. 6033 so that:
       (1) The Internal Revenue Service is required to send timely 
     notification to remind small nonprofit organizations when 
     they have not filed the e-Postcard on time and to inform them 
     of any impending revocation or other action affecting their 
     tax-exempt status due to their failure to file an annual 
     notice for three consecutive years; and
       (2) The Internal Revenue Service is required to suspend, 
     not revoke, the tax-exempt status of any nonprofit 
     organization that fails to file for three consecutive years 
     so that a nonprofit organization's tax-exempt status may be 
     simply and retroactively restored without the organization 
     being required to reapply for a determination of tax-exempt 
     status; and be it further
       Resolved, That copies of this Joint Memorial be sent to 
     each member of Colorado's congressional delegation, Speaker 
     of the United States House of Representatives John Boehner, 
     Senate Majority Leader Harry Reid, Secretary of the United 
     States Senate Nancy Erickson, Clerk of the United States 
     House of Representatives Karen L. Haas, and Treasury 
     Secretary Timothy Geithner.
                                  ____

       POM-114. A joint resolution adopted by the Legislature of 
     the State of Utah urging the United States Congress to pass 
     legislation for the fair and constitutional collection of 
     state sales tax by both in-state and remote sellers; to the 
     Committee on Finance.

                     House Joint Resolution No. 14

       Whereas, United States Supreme Court decisions in National 
     Bellas Hess v. Department of Revenue, 386 U.S. 753 (1967) and 
     Quill Corp. v. N.D., 504 U.S. 298 (1992), have ruled that the 
     Commerce Clause of the United States Constitution denies 
     states the authority to require the collection of sales and 
     use taxes by remote sellers that have no physical presence in 
     the taxing state;
       Whereas, the United States Supreme Court also declared in 
     the Quill v. North Dakota decision that Congress could 
     exercise its authority under the Commerce Clause of the 
     United States Constitution to decide ``whether, when, and to 
     what extent'' the states may require sales and use tax 
     collection on remote sales;
       Whereas, states and localities that use sales and use taxes 
     as a revenue source may not collect revenue from some portion 
     of remote sales commerce;
       Whereas, since 1999, various state legislators, governors, 
     local elected officials, state tax administrators, and 
     representatives of the private sector have worked together as 
     a Streamlined Sales Tax Project and Governing Board to 
     develop a streamlined sales and use tax system currently 
     adopted in some form in 24 states;
       Whereas, between 2001 and 2002, 40 states enacted 
     legislation expressing their intent to simplify the states' 
     sales and use tax collection systems, and to participate in 
     discussions to allow for the collection of states' sales and 
     use taxes;
       Whereas, the actions of these states arguably provide some 
     justification for Congress to enact legislation to allow 
     states to require remote sellers to collect the states' sales 
     and use tax;
       Whereas, any federal legislation should be fair to both in-
     state and remote sellers, whether such legislation requires 
     sales and use taxes to be collected on a point-of-sales or 
     point-of-delivery basis;
       Whereas, Congress, in considering federal legislation, 
     should consider the following principles: 1) state-provided 
     or state-certified tax collection and remittance software 
     that is simple to implement and maintain; 2) immunity from 
     civil liability for retailers utilizing state-provided or 
     state-certified software in tax collection and remittance; 3) 
     tax audit accountability to a single state tax audit 
     authority; 4) elimination of interstate tax complexity by 
     streamlining taxable good categories; 5) adoption of a 
     meaningful small business exception so that small businesses 
     that sell remotely are not adversely affected by the 
     legislation; and 6) fair compensation to the tax-collecting 
     retailer;
       Whereas, the Utah State Legislature and some of its sister 
     legislatures in other states have acknowledged the 
     complexities of the current sales and use tax system, have 
     formulated varied alternative collection systems, and have 
     shown the political will to make changes in their respective 
     sales and use tax systems;
       Whereas, the enactment of legislation by Congress and the 
     President that allows states to require remote sellers to 
     collect the states' sales and use taxes, will facilitate the 
     states' ability to enforce their current laws for collecting 
     sales and use taxes on remote sales;
       Whereas, requiring remote sellers to collect the sales and 
     use taxes may broaden Utah's sales tax base and potentially 
     enable the Utah State Legislature to lower sales and use tax 
     rates; and
       Whereas, empowering states to collect sales and use taxes 
     on in-state and remote sales is consistent with the 10th 
     Amendment to the United States Constitution and is a states' 
     rights issue: Now, therefore, be it
       Resolved, That the Utah State Legislature urges the United 
     States House of Representatives and the United States Senate 
     to pass, without delay, and the President of the United 
     States to sign, federal legislation that provides for the 
     fair and constitutional collection of state sales and use 
     taxes; and be it further
       Resolved, That the Legislature of the state of Utah urges 
     that, in passing such legislation, Congress consider the 
     following principles: 1) state-provided or state-certified 
     tax collection and remittance software that is

[[Page S5376]]

     simple to implement and maintain; 2) immunity from civil 
     liability for retailers utilizing state-provided or state-
     certified software in tax collection and remittance; 3) tax 
     audit accountability to a single state tax audit authority; 
     4) elimination of interstate tax complexity by streamlining 
     taxable good categories; 5) adoption of a meaningful small 
     business exception so that small businesses that sell 
     remotely are not adversely affected by the legislation; and 
     6) fair compensation to the tax-collecting retailer; and be 
     it further
       Resolved, That the Legislature of the state of Utah, 
     recognizing that such legislation may not include all of 
     these principles, declares that Congress's passage of the 
     legislation will help create consistent standards for 
     retailers forced to collect state sales and use taxes whether 
     on a point-of-delivery basis or a point-of-sale basis, thus 
     leveling the playing field between in-state and remote 
     sellers; and be it further
       Resolved, That this resolution be sent to the President of 
     the United States, the Majority Leader of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, and to the members of Utah's congressional 
     delegation.
                                  ____

       POM-115. A joint resolution adopted by the Legislature of 
     the State of Utah supporting Social Security reform measures; 
     to the Committee on Finance.

                     Senate Joint Resolution No. 13

       Whereas, Social Security is the largest single item in the 
     federal budget;
       Whereas, in fiscal year 2011, the federal government spent 
     $730 billion on Social Security, or 20% of the total $3.6 
     trillion federal budget;
       Whereas, over the next 75 years, Social Security's unfunded 
     liability is $6.5 trillion;
       Whereas, Social Security has been running a deficit since 
     2010 and will be incurring annual deficits permanently unless 
     the system is reformed;
       Whereas, opponents of Social Security reform argue that 
     Social Security has a $2.6 trillion trust fund that is backed 
     by the full faith and credit of the United States Government, 
     but these government bonds are simply obligations that the 
     federal government owes itself, so redeeming these Treasury 
     IOU's requires the federal government to cut spending 
     elsewhere, raise taxes, issue more debt to the public, or 
     monetize debt through the Federal Reserve;
       Whereas, reform opponents have also falsely claimed that 
     Social Security has not added a single penny to the deficit 
     because Social Security is legally prohibited from deficit 
     spending, but Social Security is now operating at a deficit 
     on a cash basis;
       Whereas, while reform opponents counter that the Social 
     Security Trust Fund paid $118 billion in interest in 2010 and 
     about $115 billion in interest in 2011, but these payments 
     are not real money, but are accounting mechanisms that 
     transfer phantom money from one government account to 
     another;
       Whereas, the Congressional Budget Office projects federal 
     government non-interest spending to reach 25% of the Gross 
     Domestic Product in 2035;
       Whereas, including interest, federal spending will reach 
     34% of the Gross Domestic Product;
       Whereas, since these levels are not sustainable, Congress 
     must slow the growth in federal spending;
       Whereas, Representative Jason Chaffetz has announced his 
     proposals for Social Security reform that he plans to 
     introduce as legislation in the United States Congress;
       Whereas, the proposed reform implements longevity indexing 
     by increasing normal retirement age from 67 for those born in 
     1960, to 68 for those born in 1966, and to 69 for those born 
     in 1972;
       Whereas, in years after 1972, the normal retirement age is 
     increased one month every two years, while keeping early 
     retirement age unchanged at 62;
       Whereas, the proposed reform changes the cost of living 
     allowance calculation from the Consumer Price Index for Urban 
     Wage Earners and Clerical Workers (CPI-W) to chained CPI-W 
     which is a more accurate representation of inflation;
       Whereas, the proposed reform adds an additional bend point 
     at the 50th percentile for calculating the primary insurance 
     amount;
       Whereas, for workers with lifetime earnings above the 50th 
     percentile, the primary insurance amount grows across 
     generations by a combination of the CPI-W growth and average 
     wage growth instead of just average wage growth;
       Whereas, change begins for newly eligible retirees in 2016 
     and ends in 2055;
       Whereas, the proposed reform increases the number of years 
     from 35 to 40 that are included for calculation of Average 
     Indexed monthly earnings by adding one additional 
     computational year for those becoming eligible in 2012, 2014, 
     2016, 2018, and 2020;
       Whereas, the proposed reform indexes the special minimum 
     benefit to wages instead of CPI beginning in 2012;
       Whereas, in 2011, the special minimum benefits were $791 
     per month for 30 years of coverage and $394 per month for 20 
     years of coverage;
       Whereas, the proposed reform allows for five years of child 
     care to be included as creditable coverage if not already 
     creditable;
       Whereas, the proposed reform increases benefits by 5% for 
     beneficiaries starting at age 85;
       Whereas, the proposed reform implements an annual means 
     test that reduces the benefit up to 50% for couples earning 
     more than $360,000 in the most recent tax year;
       Whereas, total Social Security benefits would continue to 
     grow but at a slower rate, allowing the system to avoid 
     insolvency;
       Whereas, the vast majority of retirees, particularly those 
     with average or below average lifetime earnings, would 
     receive a larger check than they are getting today;
       Whereas, some will actually receive an increase over what 
     they would be getting without reform;
       Whereas, using current benefits as a baseline and adjusting 
     these benefits for inflation, middle and lower income 
     retirees in future years will get essentially the same or 
     better benefits than current retirees; and
       Whereas, these measures must be taken very soon in order 
     for the Social Security system to avoid an otherwise 
     inevitable collapse: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses support for the Social Security reform measures 
     proposed by Congressman Jason Chaffetz, and be it further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, the Social 
     Security Administration, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-116. A joint resolution adopted by the Legislature of 
     the State of Utah urging the Obama Administration to support 
     Taiwan's meaningful participation in the United Nations as an 
     observer; to the Committee on Foreign Relations.

                     Senate Joint Resolution No. 2

       Whereas, in May 2009, Taiwan's inclusion in the World 
     Health Organization raised the possibility for Taiwan to be 
     meaningfully involved in other United Nations' agencies, 
     programs, and conventions;
       Whereas, the Taipei Flight Information Region, under the 
     jurisdiction of the Government of Taiwan, covers an airspace 
     of 176,000 square nautical miles and provides air traffic 
     control services to over 1,350,000 flights annually;
       Whereas, Taiwan Taoyuan International Airport is recognized 
     as the world's 8th largest airport by international cargo 
     volume and number of international passengers;
       Whereas, exclusion from the International Civil Aviation 
     Organization (ICAO) since 1971 has impeded the efforts of the 
     Government of Taiwan to maintain civil aviation practice that 
     comports with evolving international standards due to its 
     inability to contact the ICAO for up-to-date information on 
     aviation standards and norms in a timely manner;
       Whereas, the exclusion of Taiwan from the ICAO has 
     prevented the ICAO from developing a truly global strategy to 
     address security threats based on effective international 
     cooperation; and
       Whereas, ICAO rules and existing practices have allowed for 
     the meaningful participation of noncontracting nations, as 
     well as other bodies, in its meetings and activities by 
     granting observer status: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the Obama Administration to support Taiwan's meaningful 
     participation as an observer in the United Nations' 
     specialized agencies, programs, and conventions; and be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     president of the United States, the government of Taiwan, and 
     the members of Utah's congressional delegation.
                                  ____

       POM-117. A resolution adopted by the Senate of the State of 
     Rhode Island urging the United States Congress to fully fund 
     the Workforce Investment Act (WIA); to the Committee on 
     Health, Education, Labor, and Pensions.

                       Senate Resolution No. 2303

       Whereas, The United States Congress is considering an 
     appropriations bill that would significantly cut funding to 
     federal workforce programs including the Adult, Dislocated 
     Worker, and Youth programs authorized under the Workforce 
     Investment Act (WIA); and
       Whereas, WIA is the major funding source for the employment 
     and training programs in the states, including education, 
     placement, and business support services; and
       Whereas, WIA appropriations help fund Rhode Island's 
     comprehensive One-Stop Career Centers, local Workforce 
     Investment Boards, contextualized training, innovative 
     industry partnerships, and a myriad of other services 
     designed to improve the skill level and work preparedness of 
     Rhode Island's workforce; and
       Whereas, Programs funded by WIA provide a valuable service 
     to our business community by helping to provide a 21st 
     century skilled workforce that is designed to meet the needs 
     of Rhode Island employers who are struggling to recover from 
     the recent recession; and
       Whereas, Over the past two years, the Department of Labor 
     and Training estimates that WIA programs have assisted over 
     33,600 Rhode Islanders in their efforts to obtain new skills 
     and secure employment; and
       Whereas, A significant reduction in federal WIA funding 
     would devastate the workforce development system in Rhode 
     Island, resulting in fewer training and retraining 
     opportunities for unemployed job seekers, reducing funds for 
     valuable on-the-job training, reducing funding for the 
     state's Rapid Response

[[Page S5377]]

     layoff aversion program, reducing the number of work 
     experience and career exploration programs for vulnerable at-
     risk youth, and hindering the development and enhancement of 
     a workforce that can compete in the global economy: Now, 
     therefore be it
       Resolved, That this Senate of the State of Rhode Island and 
     Providence Plantations hereby strongly urges and implores 
     Congress to fully fund the Workforce Investment Act, the 
     cornerstone of the state workforce system that provides vital 
     services to the unemployed, underemployed, and employers as 
     they try to rebound from the recent recession; and be it 
     further
       Resolved, That the Secretary of State be and he hereby is 
     authorized and directed to transmit duly certified copies of 
     this resolution to the President of the United States Senate, 
     to the Speaker of the United States House of Representatives, 
     to the Honorable Jack Reed and Sheldon Whitehouse, United 
     States Senators, and to the Honorable James R. Langevin and 
     David N. Cicilline, United States Representatives.
                                  ____

       POM-118. A joint resolution adopted by the Legislature of 
     the State of Utah recognizing pregnancy care centers and 
     expressing support for their efforts on behalf of those 
     facing unplanned pregnancies; to the Committee on Health, 
     Education, Labor, and Pensions.

                     Senate Joint Resolution No. 21

       Whereas, the life-affirming impact of pregnancy care 
     centers on the women, men, children, and communities they 
     serve is considerable and growing;
       Whereas, pregnancy care centers serve women in Utah and 
     across the United States with integrity and compassion;
       Whereas, more than 2,500 pregnancy care centers across the 
     United States provide comprehensive care to women and men in 
     relation to unplanned pregnancies, including resources to 
     meet their physical, psychological, emotional, and spiritual 
     needs;
       Whereas, pregnancy care centers offer women free, 
     confidential, and compassionate services, including pregnancy 
     tests, peer counseling, 24-hour telephone hotlines, 
     childbirth and parenting classes, and referrals to community, 
     health care, and other supportive services;
       Whereas, many medical pregnancy care centers offer 
     ultrasounds and other medical services;
       Whereas, many pregnancy care centers provide information on 
     adoption and adoption referrals to pregnant women;
       Whereas, pregnancy care centers encourage women to make 
     positive life choices by equipping them with complete and 
     accurate information regarding their pregnancy options and 
     the development of their unborn children;
       Whereas, pregnancy care centers provide women with 
     compassionate and confidential peer counseling in a 
     nonjudgmental manner regardless of their pregnancy outcomes;
       Whereas, pregnancy care centers provide important support 
     and resources for women who choose childbirth over abortion;
       Whereas, pregnancy care centers ensure that women are 
     receiving prenatal information and services that lead to the 
     birth of healthy infants;
       Whereas, many pregnancy care centers provide grief 
     assistance for women and men who regret the loss of their 
     children from past choices they have made;
       Whereas, many pregnancy care centers work to prevent 
     unplanned pregnancies by teaching effective abstinence 
     education in public schools;
       Whereas, both federal and state governments are 
     increasingly recognizing the valuable services of pregnancy 
     care centers through the designation of public funds for such 
     organizations;
       Whereas, pregnancy care centers operate primarily through 
     reliance on the voluntary donations and time of individuals 
     who are committed to caring for the needs of women and 
     promoting and protecting life; and
       Whereas, pregnancy care centers provide full disclosure, in 
     both their advertisements and direct contact with women, of 
     the types of services they provide: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses strong support for pregnancy care centers for their 
     unique, positive contributions to the individual lives of 
     women, men, and babies--both born and unborn; and be it 
     further
       Resolved, That the Legislature recognizes the compassionate 
     work of tens of thousands of volunteers and paid staff at 
     pregnancy care centers in Utah and across the United States; 
     and be it further
       Resolved, That the Legislature of the state of Utah 
     strongly encourages the United States Congress and other 
     federal and government agencies to grant pregnancy care 
     centers assistance for medical equipment and abstinence 
     education in a manner that does not compromise the mission or 
     religious integrity of these organizations; and be it further
       Resolved, That the Legislature of the state of Utah 
     expresses disapproval of the actions of any national, state, 
     or local groups attempting to prevent pregnancy care centers 
     from effectively serving women and men in relation to 
     unplanned pregnancies; and be it further
       Resolved, That a copy of this resolution be sent to each 
     pregnancy care center in Utah, the President of the United 
     States, the Majority Leader of the United States Senate, the 
     Speaker of the United States House of Representatives, and to 
     the members of Utah's congressional delegation.
                                  ____

       POM-119. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to continue the Navajo 
     Electrification Demonstration Project and fund it so that the 
     entire Navajo Nation may receive electricity; to the 
     Committee on Indian Affairs.

                      House Concurrent Resolution

       Whereas, the Navajo Electrification Demonstration Project 
     was created by the United States Congress and extended to 
     provide funding for the rural electrification of homes on the 
     Navajo Nation Reservation that are not currently being 
     served;
       Whereas, under the original law, Navajo Electrification 
     Demonstration Project funding was authorized at an annual 
     level of $15,000,000 for five years;
       Whereas, to date, only $14,500,000, including a fiscal year 
     2011 allocation $1,750,000, has been appropriated to the 
     Navajo Tribal Utility Authority out of the original 
     congressional authorization of $75,000,000;
       Whereas, the Navajo Electrification Demonstration Project 
     expands traditional sources of power and implements renewable 
     energy sources and other advanced electric power 
     technologies;
       Whereas, the funds are funneled through the United States 
     Department of Energy and disbursed as giants to the Navajo 
     Nation to provide electricity to approximately 18,000 homes 
     on the Navajo reservation that currently lack this basic 
     service;
       Whereas, the act also authorized the United States 
     Department of Energy to provide technical support to the 
     Navajo Nation in the use of advanced power technologies; and
       Whereas, despite the passage of laws creating the Navajo 
     Electrification Demonstration Project, Congress must act to 
     appropriate the funds in order for the money to be 
     distributed to the project: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urges the United States Congress 
     to reauthorize and continue the Navajo Electrification 
     Demonstration Project; and be it further
       Resolved, That the Legislature and the Governor urge the 
     United States Congress to fund the Navajo Electrification 
     Demonstration Project to provide the necessary funding of 
     $15,000,000 per year for five years, so that the basic 
     necessity of electricity can become available to the entire 
     Navajo Nation; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, the Navajo 
     Nation, and to the members of Utah's congressional 
     delegation.
                                  ____

       POM-120. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the United States Congress to 
     quickly pass legislation to establish a new management 
     structure to protect the ability of Utah Navajo residents in 
     San Juan County to receive the benefit of Navajo Trust Fund 
     money; to the Committee on Indian Affairs.

                   House Concurrent Resolution No. 12

       Whereas, the United States Congress, in 1933 and again in 
     1968, authorized the state of Utah to receive 37.5% of the 
     royalties from the production of mineral leases on that 
     portion of the Navajo Reservation in Utah, to be expended for 
     the benefit of the Navajo residents of San Juan County, Utah;
       Whereas, oil and gas was discovered in commercial 
     quantities within the boundaries of the Utah portion of the 
     Navajo Reservation in the mid-1950's, and production has 
     continued until the current day;
       Whereas, the state of Utah has managed the royalty receipts 
     for the health, education, and welfare of Utah Navajos since 
     that time;
       Whereas, the state of Utah managed the funds for many years 
     through a state governmental entity known as the Navajo Trust 
     Fund (Fund);
       Whereas, the state of Utah indicated its desire to resign 
     as trustee of the fund in the 2008 General Session of the 
     Utah Legislature in order to allow the Utah Navajo residents 
     of San Juan County the ability to manage the royalty receipts 
     themselves;
       Whereas, the Navajo Trust Fund was repealed, effective June 
     30, 2008, and authority to manage the funds was transferred 
     to the Department of Administrative Services, which created 
     the Utah Navajo Royalties Holding Fund to manage expenditures 
     until a successor management entity could be Congressionally 
     authorized;
       Whereas, the Navajo Trust Fund was required to decline any 
     further projects for approval after the statutorily created 
     May 2008 cut-off date, except for applications for assisting 
     new Navajo students with their secondary education expenses;
       Whereas, the Utah Navajo Royalties Holding Fund has been 
     winding down expenditures from the activities of the Navajo 
     Trust Fund by completing projects authorized before the May 
     2008 cut-off date, and by assisting students;
       Whereas, the authority to expend funds for any project 
     authorized before the cut-off date in May 2008 expired 
     January 1, 2012, except for new students, which authority 
     expires at the end of June 2012;

[[Page S5378]]

       Whereas, the Utah Navajo Royalties Holding Fund will begin 
     the process of accounting for all assets of the Fund in 
     preparation for an efficient transfer to the expected 
     Congressionally authorized successor management entity;
       Whereas, the State of Utah desires to turn the funds over 
     to a successor management entity as soon as feasible in order 
     to allow the Navajo residents of Utah to manage the funds for 
     their own benefit;
       Whereas, Utah Navajos have a great need for expenditure of 
     the royalty receipts for secondary education, housing, power 
     lines, water lines, healthcare, and the creation of jobs, 
     among other pressing needs;
       Whereas, Utah's Congressional delegation has been asked to 
     sponsor and advance legislation through the United States 
     Congress designating a successor management entity; and
       Whereas, this legislation has not advanced through Congress 
     to this point, and action does not appear imminent: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urges the United States Congress 
     to quickly pass legislation establishing a successor 
     management structure that protects the ability of the Utah 
     Navajo residents of San Juan County to receive the benefit of 
     Navajo Trust Fund money; and be it further
       Resolved, That the Legislature and the Governor urge the 
     United States Congress to expedite the required transfer of 
     assets so that Utah's Navajo residents may again receive the 
     benefit of these funds; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Speaker of the United States House of Representatives, the 
     Majority Leader of the United States Senate, the Chair of the 
     United States House of Representatives' Natural Resources 
     Committee's Subcommittee on Indian and Alaska Native American 
     Affairs, the Chair of the United States Senate Committee on 
     Indian Affairs, and to the members of Utah's congressional 
     delegation.
                                  ____

       POM-121. A concurrent resolution adopted by the Legislature 
     of the State of Utah recognizing the remarkable courage and 
     honor displayed by the men and women in law enforcement and 
     the risks they take to keep their communities safe; to the 
     Committee on the Judiciary.

                   House Concurrent Resolution No. 4

       Whereas, on January 4, 2012, Agent Jared Daniel Francom of 
     the Ogden Police Department, serving on the Weber-Morgan 
     Narcotics Strike Force, was fatally wounded serving a search 
     warrant on a residence in Ogden, Utah;
       Whereas, Officer Michael Rounkles, Agent Kasey Burrell, and 
     Agent Shawn Grogan of the Ogden Police Department were also 
     wounded in the shooting;
       Whereas, Agent Nate Hutchinson, a sergeant in the Weber 
     County Sheriff's Office was also wounded in the shooting;
       Whereas, Agent Jason Vanderwarf of the Roy Police 
     Department was also injured in the shooting;
       Whereas, the officers on the Weber-Morgan Narcotics Task 
     Force acted quickly and bravely to subdue the suspect, 
     preventing further injury and loss of life;
       Whereas, Officer Michael Rounkles, responding to the scene 
     in the course of his patrol duties, displayed incredible 
     courage above and beyond the call of duty in his efforts to 
     rescue and defend the agents of the Task Force who had come 
     under fire;
       Whereas, Agent Jared Daniel Francom served with the Ogden 
     Police Department for eight years;
       Whereas, Agent Jared Daniel Francom served his community 
     with honor and distinction;
       Whereas, Utah has come together to mourn and honor Agent 
     Jared Daniel Francom, with an estimated 4,000 people 
     attending his funeral on January 11, 2012, in Ogden, Utah; 
     and
       Whereas, the injury or loss of any police officer is a 
     reminder of the risks taken by all the men and women of law 
     enforcement on behalf of their communities: Now, therefore, 
     be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, recognizes and honors the 
     sacrifice of Agent Jared Daniel Francom; and be it further
       Resolved, That the Legislature and the Governor extend 
     their deepest condolences to the family and friends of Agent 
     Jared Daniel Francom; and be it further
       Resolved, That the Legislature and the Governor express 
     their wishes that Ogden Police Officers Michael Rounkles, 
     Kasey Burrell, and Shawn Grogan will have a full and speedy 
     recovery; and be it further
       Resolved, That the Legislature and the Governor express 
     their wishes that Agent Nate Hutchinson, sergeant in the 
     Weber County Sheriff's Office, and Roy Police Officer Agent 
     Jason Vanderwarf will have a full and speedy recovery; and be 
     it further
       Resolved, That the Legislature and the Governor recognize 
     the remarkable courage and honor displayed by the men and 
     women in law enforcement and the risks they take to keep 
     their communities safe; and be it further
       Resolved, That a copy of this resolution be sent to the 
     family of Agent Daniel Francom; to Ogden Police Officers 
     Michael Rounkles, Kasey Burrell, and Shawn Grogan; to Agent 
     Nate Hutchinson, sergeant in the Weber County Sheriff's 
     Office; to Roy Police Officer Agent Jason Vanderwarf; to the 
     Ogden City Police Department; to the Weber County Sheriff's 
     Office; to the Roy Police Department; and to the members of 
     Utah's congressional delegation.
                                  ____

       POM-122. A memorial adopted by the Legislature of the State 
     of Florida urging Congress to propose to the states an 
     amendment to the Constitution of the United States that would 
     limit the consecutive terms of office which a member of the 
     United States Senate or the United States House of 
     Representatives may serve; to the Committee on the Judiciary.

                         House Memorial No. 83

       Whereas, Article V of the Constitution of the United States 
     authorizes Congress to propose amendments to the Constitution 
     which shall become valid when ratified by the states, and
       Whereas, a continuous and growing concern has been 
     expressed that the best interests of this nation will be 
     served by limiting the terms of members of Congress, a 
     concern expressed by the founding fathers, incorporated into 
     the Articles of Confederation, attempted through legislation 
     adopted by state legislatures, and documented in recent media 
     polls: Now, therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Florida Legislature respectfully petitions the Congress 
     of the United States to propose to the states an amendment to 
     the Constitution of the United States to limit the number of 
     consecutive terms which a person may serve in the United 
     States Senate or the United States House of Representatives; 
     and be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-123. A resolution adopted by the Senate of the State of 
     Rhode Island memorializing the Congress of the United States 
     to take immediate action to make the Republic of Poland 
     eligible for the United States Department of State's Visa 
     Waiver Program; to the Committee on the Judiciary.

                       Senate Resolution No. 2063

       Whereas, The Republic of Poland is a free, democratic, and 
     independent nation; and
       Whereas, The Republic of Poland is an integral member of 
     the European Union and the North Atlantic Treaty 
     Organization; and
       Whereas, The Republic of Poland has been and continues to 
     be a proven, indispensable, loyal friend and ally of the 
     United States in the global campaign against terrorism in 
     Iraq, Afghanistan, and elsewhere; and
       Whereas, All citizens of the nations constituting the 
     European Union enjoy travel to the United States visa-free as 
     provided by the Visa Waiver Program of the United States 
     Department of State, except for the citizens of Poland, 
     Bulgaria, Cyprus, Malta, and Romania; and
       Whereas, The state legislatures of Massachusetts (May 
     2004), New Jersey (October 2004), Vermont (January 2005), 
     Pennsylvania (April 2005), Connecticut and Maine (May 2005), 
     Nebraska, New York, and Ohio (June 2005), Michigan (June 
     2006), Arizona (April 2007). Illinois (October 2007), and 
     Massachusetts again (July 2010) passed Visa Waiver for Poland 
     Resolutions in response to their American citizens of Polish 
     decent; and
       Whereas, Among the nearly ten million Americans of Polish 
     descent in the nation, the 46,707 Americans of Polish descent 
     in Rhode Island also are dissapointed and dismayed that 
     Poland, the nation that provided America with the services of 
     Thaddeus Kosciuszko, who engineered the victory at Saratoga 
     and designed the fortifications at West Point and Casimir 
     Pulaski, the ``father of the United States Calvary'' during 
     our ``Glorious Cause'' in the War for Independence from Great 
     Britain, is currently excluded from our nation's Visa Waiver 
     Program; Now, therefore be it
       Resolved, That this Senate of the State of Rhode Island and 
     Providence Plantations hereby respectfully urges the Congress 
     and the President of the United States to take immediate 
     action to make the Republic of Poland eligible for the United 
     States Department of State's Visa Waiver Program; and be it 
     further
       Resolved, The Secretary of State be and he hereby is 
     authorized and directed to transmit duly certified copies of 
     this resolution to the clerk of House of Representatives, the 
     President of the United States, the United States Secretary 
     of State, the Secretary of Homeland Security, the Presiding 
     Officers of each chamber of the United States Congress, the 
     members of the Rhode Island Congressional Delegation, and to 
     His Excellency Robert Kupiecki, Ambassador of the Republic of 
     Poland to the United States.
                                  ____

       POM-124. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing support for the establishment 
     of a fund for the assistance of families of fallen police 
     officers in Utah; to the Committee on the Judiciary.

                   Senate Concurrent Resolution No. 1

       Whereas, the Utah 1033 Foundation is named for the police 
     radio code for an officer in trouble;
       Whereas, this non-profit foundation was established with 
     private donations and is sustained through a combination of 
     continuing

[[Page S5379]]

     donations, corporate donors, institutional grant funding, and 
     fundraising events;
       Whereas, the primary purpose of the 1033 Foundation is to 
     help the families of slain police officers in Utah;
       Whereas, the day after the death of a police officer in the 
     line of duty, someone from the Foundation will visit the 
     widow or widower and deliver a $25,000 check;
       Whereas, eventually, the Foundation hopes to have an 
     endowment to provide college scholarships for the children of 
     living and deceased Utah police officers;
       Whereas, it is also hoped that in the future it will be 
     possible to extend the Foundation's service to include the 
     families of fallen firefighters;
       Whereas, the fund began as an idea of Tore and Mona Steen, 
     residents of Park City;
       Whereas, a native of Norway, Tore received a scholarship 
     after serving in that nation's air force and moved to the 
     United States to attend college;
       Whereas, Tore enjoyed great success in the banking and 
     financial industries, and while living in New York, he was 
     involved in advisory capacities with the departments of 
     police, corrections, and housing;
       Whereas, as a result of these experiences, and after being 
     invited to ride with two New York City police officers who 
     were called to a domestic dispute, Tore realized, in a small 
     but very real and personal way, what dangers police officers 
     can face every day;
       Whereas, many years later, the husband of Mona's daughter's 
     former college roommate, a Colorado Springs police detective, 
     was slain while trying to apprehend a suspect wanted for 
     attempted murder;
       Whereas, these brushes with the tragedy and devastation 
     brought to the families of officers killed in the line of 
     duty drove the Steens to form the 1033 Foundation;
       Whereas, their efforts continue with the help of many 
     others, including Wade Carpenter, Park City Police Chief; the 
     Law Firm of Van Cott, Bagley, Cornwall & McCarthy, P.C.; and 
     Zions Bank;
       Whereas, the 1033 Foundation has made it easy for 
     individuals and organizations to donate to the fund by going 
     to utah1033.org; and
       Whereas, by providing financial and, eventually, 
     scholarship assistance, the 1033 Foundation hopes to provide 
     a means to lift some of the crushing burdens upon the 
     families of Utah's police officers killed in the line of 
     duty: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, expresses support for the 
     efforts of the 1033 Foundation to assist the families of 
     fallen police officers in Utah in their moments of greatest 
     need; and be it further
       Resolved, That the Legislature and the Governor express 
     appreciation to Tore and Mona Steen, who saw a need and 
     became personally invested in serving the families of slain 
     police officers in Utah, and wish them well in their 
     continuing efforts to serve the citizens of Utah; and be it 
     further
       Resolved, That the Legislature and the Governor express 
     appreciation to those who have participated in the efforts of 
     the 1033 Foundation and made donations to help those in need; 
     and be it further
       Resolved, That a copy of this resolution be sent to Tore 
     and Mona Steen; Park City Police Chief Wade Carpenter; the 
     Law Firm of Van Cott, Bagley, Cornwall & McCarthy; Zions Bank 
     President Scott Anderson; Park City Mayor Dana Williams; 
     Summit County Sheriff Dave Edmunds; KPMG Salt Lake City; Utah 
     Department of Public Safety Director Lance Davenport; Colonel 
     Danny Fuhr of the Utah Highway Patrol; the Utah Chiefs of 
     Police Association; the Utah Sheriffs Association; the Utah 
     Peace Officers Association; the Utah Highway Patrol; Utah 
     Fraternal Order of Police; Howard Wallack; and the members of 
     Utah's congressional delegation.
                                  ____

       POM-125. A joint resolution adopted by the Legislature of 
     the State of California calling on the United States Congress 
     to pass the Violence Against Women Act of 2011; to the 
     Committee on the Judiciary.

                     Senate Joint Resolution No. 20

       Whereas, The Violence Against Women Act (VAWA) was 
     developed with the input of advocates from around the country 
     and from all walks of life, and addresses the real and most 
     important needs of victims of domestic violence, sexual 
     assault, dating violence, and stalking. VAWA is responsive, 
     streamlined, and constitutionally and fiscally sound, while 
     providing strong accountability measures and appropriate 
     federal government oversight; and
       Whereas, VAWA represents the voices of women and their 
     families, and the voices of victims, survivors, and 
     advocates; and
       Whereas, VAWA was first enacted in 1994, and has been the 
     centerpiece of the federal government's efforts to stamp out 
     domestic and sexual violence. Critical programs authorized 
     under VAWA include support for victim services, transitional 
     housing, and legal assistance; and
       Whereas, Domestic violence, sexual assault, dating 
     violence, and stalking, once considered private matters to be 
     dealt with behind closed doors, have been brought out of the 
     darkness; and
       Whereas, VAWA has been successful because it has had 
     consistently strong, bipartisan support for nearly two 
     decades; and
       Whereas, The Violence Against Women Reauthorization Act of 
     2011 will provide a five-year reauthorization for VAWA 
     programs, and reduce authorized funding levels by more than 
     $144 million, or 19 percent, from the law's 2005 
     authorization; and
       Whereas, While annual rates of domestic violence have 
     dropped more than 50 percent, domestic violence remains a 
     serious issue. Every day in the United States, three women 
     are killed by abusive husbands and partners. In California in 
     2010, there were 166,361 domestic violence calls, including 
     more than 65,000 that involved a weapon; and
       Whereas, The Violence Against Women Reauthorization Act of 
     2011 includes several updates and improvements to the law, 
     including the following:
       (a) An emphasis on the need to effectively respond to 
     sexual assault crime by adding new purpose areas and a 25 
     percent set-aside in the STOP (Services, Training, Officers, 
     and Prosecutors) Violence Against Women Formula Grant Program 
     (STOP Program) and the Grants to Encourage Arrest Policies 
     and Enforcement of Protection Orders Program.
       (b) Improvements in tools to prevent domestic violence 
     homicides by training law enforcement, victim service 
     providers, and court personnel to identify and manage high-
     risk offenders and connecting high-risk victims to crisis 
     intervention services.
       (c) Improvements in responses to the high rate of violence 
     against women in tribal communities by strengthening 
     concurrent tribal criminal jurisdiction over perpetrators who 
     assault Indian spouses and dating partners in Indian 
     countries.
       (d) Measures to strengthen housing protections for victims 
     by applying existing housing protections to nine additional 
     federal housing programs.
       (e) Measures to promote accountability to ensure that 
     federal funds are used for their intended purposes.
       (f) Consolidation of programs and reductions in 
     authorization levels to address fiscal concerns, and renewed 
     focus on programs that have been most successful.
       (g) Technical corrections to update definitions throughout 
     the law to provide uniformity and continuity; and
       Whereas, There is a need to maintain services for victims 
     and families at the local, state, and federal levels. 
     Reauthorization would allow existing programs to continue 
     uninterrupted, and would provide for the development of new 
     initiatives to address key areas of concern. These 
     initiatives include the following:
       (a) Addressing the high rates of domestic violence, dating 
     violence, and sexual assault among women 16 to 24 years of 
     age, inclusive, by combating tolerant youth attitudes toward 
     violence.
       (b) Improving the response to sexual assault with best 
     practices, training, and communication tools for law 
     enforcement, as well as health care and legal professionals.
       (c) Preventing domestic violence homicides through enhanced 
     training for law enforcement, advocates, and others who 
     interact with those at risk. A growing number, of experts 
     agree that these homicides are predictable, and therefore 
     preventable, if we know the warning signs: Now, therefore, be 
     it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature calls on the United 
     States Congress to pass the Violence Against Women 
     Reauthorization Act of 2011, Senate Bill No. 1925 authored by 
     Senators Leahy and Crapo, and ensure the sustainability of 
     vital programs designed to keep women and families safe from 
     violence and abuse; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, the Speaker of the House of Representatives, 
     the Majority Leader of the Senate, each Senator and 
     Representative from California in the Congress of the United 
     States, and to the author for appropriate distribution.
                                  ____

       POM-126. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to take such actions as are necessary to prevent the 
     retirement of A-10 aircraft assigned to the 917th Fighter 
     Group, based at Barksdale Air Force Base; to the Committee on 
     Armed Services.

                  House Concurrent Resolution No. 115

       Whereas, established in 1932, the Barksdale Air Force Base 
     (AFB), a United States Air Force Base located approximately 
     4.72 miles east-southeast of Bossier City, Louisiana, is 
     named for World War I aviator and test pilot 2nd Lieutenant 
     Eugene Hoy Barksdale (1896-1926); and
       Whereas, Barksdale Air Force Base has proudly served 
     Arkansas, Louisiana, and Texas for more than sixty-seven 
     years and is home to the 2d Bomb Wing, 2d Mission Support 
     Group, 2d Operations Group, 2d Maintenance Group, the 2d 
     Medical Group, 8th Air Force Museum, and the Air Force 
     Reserve's 917th Wing; and
       Whereas, in December 1999, the 917th Wing received the Air 
     Force outstanding Unit Award, for winning the Chief of Staff 
     Team Excellence Award and Secretary of Defense Award for 
     Self-Inspection Tracking System. The award noted the unit's 
     sponsorship of the Starbase program, which creates interest 
     for local children in math, science, and technology by using 
     an aviation theme; and
       Whereas, Barksdale Air Force Base has grown into a major 
     source of revenue and employment for the region by providing 
     jobs for nearly ten thousand military and civilian employees 
     and in 2006, under Base Realignment and Closure (BRAC), the 
     917th Wing

[[Page S5380]]

     gained eight A-10 aircraft and a number of full-time and 
     part-time employment positions; and
       Whereas, as part of a wide-ranging plan to reduce its total 
     aircraft inventory, the Obama administration intends to 
     propose in the 2013 budget request, the elimination of 
     twenty-four A-10 aircraft that comprise the Air Force 
     Reserve's 917th Fighter Group at Barksdale Air Force Base; 
     and
       Whereas, the Air Force plans to rebalance its overall ratio 
     of regular, reserve, and Air National Guard forces at about 
     sixty installations in thirty-three states and retire two 
     hundred twenty-seven aircraft to support a new defense 
     strategy known as the ``Air Force Strategy and Structure 
     Overview''; and
       Whereas, for nearly eighty years the 917th Wing at 
     Barksdale Air Force Base and the Shreveport-Bossier community 
     have enjoyed a strong partnership, which provides jobs to the 
     community and programs for the local children, and the 
     elimination of the A-10 aircraft will have an adverse effect 
     on not only the economy but the community as well. Therefore, 
     be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize congress to take such actions as are necessary to 
     oppose the elimination of A-10 aircraft assigned to the 917th 
     Fighter Group, based at Barksdale Air Force Base; and be it 
     further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-127. A joint resolution adopted by the Legislature of 
     the State of California urging the United States Congress to 
     immediately enact the Achieving a Better Life Experience Act 
     of 2011; to the Committee on Finance.

                     Senate Joint Resolution No. 18

       Whereas, Many families are searching for a way to plan for 
     the future of a child with developmental disabilities, which 
     are costly to society and to families; and
       Whereas, The Achieving a Better Life Experience Act of 2011 
     (ABLE Act), proposed in H.R. 3423 and S. 1872 and currently 
     debated by Congress, would create disability savings accounts 
     for individuals with developmental or other disabilities and 
     their families, as a way to save for future needs with funds 
     that could accrue interest tax free; and
       Whereas, The ABLE Act would give individuals with 
     developmental or other disabilities and their families an 
     option for saving for their future financial needs in a way 
     that supports their unique situation and makes it more 
     feasible to live full and productive lives in their 
     communities; and
       Whereas, While many families are currently able to save for 
     the educational needs of children through ``529'' college 
     tuition plans, these plans do not fit the needs of children 
     with developmental or other disabilities; and
       Whereas, Many families recognize that loved ones with 
     developmental or other disabilities may live for many decades 
     beyond the ability of the parents or other family members to 
     provide financial assistance and support; and
       Whereas, Many families also want to ensure the financial 
     security of family members who have the level of disability 
     required for Medicaid eligibility, but for now, are managing 
     to function without the use of those benefits and state 
     resources; and
       Whereas, The ABLE Act would create a savings fund for those 
     with developmental or other disabilities that could be drawn 
     upon for a variety of essential expenses, including medical 
     and dental care, education and employment training and 
     support, assistive technology, housing and transportation, 
     personal support services, and other expenses for life 
     necessities; and
       Whereas, Savings accounts opened under the ABLE Act would 
     provide substantial flexibility to meet the specific needs of 
     the individual, with a broad array of allowable expenses and 
     no age limitations so that these funds can be used whenever 
     they are needed; and
       Whereas, The flexibility in expenses would also allow 
     families to save with confidence even though they cannot 
     always predict how independent their child will become: Now, 
     therefore, be it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature urges the President 
     and the Congress of the United States to immediately enact 
     the Achieving a Better Life Experience Act of 2011 (ABLE 
     Act); and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the President pro Tempore of the United 
     States Senate, 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 
     author for appropriate distribution.
                                  ____

       POM-128. A resolution adopted by the Odessa Chamber of 
     Commerce, Odessa, Texas, in support of retaining top foreign 
     students earning degrees in the fields of science, 
     technology, engineering and mathematics (STEM) from American 
     Universities; to the Committee on the Judiciary.

                          ____________________