[Congressional Record Volume 160, Number 106 (Wednesday, July 9, 2014)]
[Senate]
[Pages S4331-S4336]
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-284. A joint resolution adopted by the General Assembly 
     of the State of Vermont applying to the United States 
     Congress to call a convention of the states under Article V 
     of the United States Constitution for the sole purpose of 
     proposing amendments to the United States Constitution that 
     would limit the influence of money in the electoral process; 
     to the Committee on the Judiciary.

                     Joint Senate Resolution No. 27

       Whereas, it was the stated intention of the framers of the 
     Constitution of the United States of America that the 
     Congress of the United States of America should be 
     ``dependent on the people alone'' (James Madison or Alexander 
     Hamilton, Federalist 52), and
       Whereas, that dependency has evolved from a dependency on 
     the people alone to a dependency on those who spend 
     excessively in elections through campaigns or third-party 
     groups, and
       Whereas, the U.S. Supreme Court ruling in Citizens United 
     v. Federal Election Commission, 130 S.Ct. 876 (2010), removed 
     restrictions on amounts of independent political spending, 
     and
       Whereas, the removal of those restrictions has resulted in 
     the corrupting influence of powerful economic forces, which 
     have supplanted the will of the people by undermining our 
     ability to choose our political leadership, write our own 
     laws, and determine the fate of our State, and
       Whereas, the State of Vermont believes that a convention 
     called pursuant to Article V of the U.S. Constitution should 
     be convened to consider amendments to that Constitution to 
     limit the corrupting influence of money in our political 
     system and desires that said convention should be so limited, 
     and
       Whereas, the Congress of the United States has failed to 
     propose, pursuant to Article V of the Constitution, 
     amendments that would adequately address the concerns of 
     Vermont: Now, therefore, be it
       Resolved by the Senate and House of Representatives, That 
     the General Assembly, pursuant to Article V of the U.S. 
     Constitution, hereby petitions the U.S. Congress to call a 
     convention for the sole purpose of proposing amendments to 
     the Constitution of the United States of America that would 
     limit the corrupting influence of money in our electoral 
     process, including, inter alia, by overturning the Citizens 
     United decision, and be it further
       Resolved, That this petition shall not be considered by the 
     U.S. Congress until 33 other states submit petitions for the 
     same purpose as proposed by Vermont in this resolution and 
     unless the Congress determines that the scope of amendments 
     to the Constitution of the United States considered by the 
     convention shall be limited to the same purpose requested by 
     Vermont, and be it further
       Resolved, That the Secretary of State be directed to send a 
     copy of this resolution to the Vice President of the United 
     States; the President Pro Tempore and the Secretary of the 
     Senate of the United States; the Speaker and Clerk of the 
     House of Representatives of the United States; the Archivist 
     of the United States; and the Vermont Congressional 
     Delegation.

[[Page S4332]]

     
                                  ____
       POM-285. A resolution adopted by the General Assembly of 
     the State of Georgia applying to the United States Congress 
     to call a convention of the states under Article V of the 
     United States Constitution for the purpose of proposing 
     amendments to the United States Constitution related to 
     fiscal restraints on the federal government, limiting the 
     power and jurisdiction of the federal government, and 
     limiting the terms of office for its officials and for 
     members of Congress; to the Committee on the Judiciary.

                       Senate Resolution No. 736

       Whereas, the founders of the Constitution of the United 
     States empowered state legislators to be guardians of liberty 
     against future abuses of power by the federal government; and
       Whereas, the federal government has created a crushing 
     national debt through improper and imprudent spending; and
       Whereas, the federal government has invaded the legitimate 
     roles of the states through the manipulative process of 
     federal mandates, most of which are unfunded to a great 
     extent; and
       Whereas, the federal government has ceased to live under a 
     proper interpretation of the Constitution of the United 
     States; and
       Whereas, it is the solemn duty of the states to protect the 
     liberty of our people, particularly for the generations to 
     come, by proposing amendments to the Constitution of the 
     United States through a convention of the states under 
     Article V of the United States Constitution to place clear 
     restraints on these and related abuses of power: Now, 
     therefore, be it
       Resolved by the General Assembly of Georgia, That the 
     General Assembly of the State of Georgia hereby applies to 
     Congress, under the provisions of Article V of the 
     Constitution of the United States, for the calling of a 
     convention of the states limited to proposing amendments to 
     the United States Constitution that impose fiscal restraints 
     on the federal government, limit the power and jurisdiction 
     of the federal government, and limit the terms of office for 
     its officials and for members of Congress; and be it further
       Resolved, That this application shall be deemed an 
     application for a convention to address each or all of the 
     subjects herein stated. For the purposes of determining 
     whether two-thirds of the states have applied for a 
     convention addressing any of the subjects stated herein, this 
     application is to be aggregated with the applications of any 
     other state legislatures for the single subjects of balancing 
     the federal budget, limiting the power and jurisdiction of 
     the federal government, or limiting the terms of federal 
     officials; and be it further
       Resolved, That the Secretary of the Senate is hereby 
     directed to transmit copies of this application to the 
     President and Secretary of the United States Senate and to 
     the Speaker and Clerk of the United States House of 
     Representatives, to transmit copies to the members of the 
     United States Senate and United States House of 
     Representatives from this state, and to transmit copies 
     hereof to the presiding officers of each of the legislative 
     houses in the several states, requesting their cooperation; 
     and be it further
       Resolved, That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States until the legislatures of at least two-
     thirds of the several states have made applications on the 
     same subject.
                                  ____

       POM-286. A memorial adopted by the Legislature of the State 
     of Florida applying to the United States Congress to call a 
     convention of the states under Article V of the United States 
     Constitution for the sole purpose of proposing amendments to 
     the United States Constitution, which impose fiscal 
     restraints on the federal government, limit the power and 
     jurisdiction of the federal government, and limit the terms 
     of office for federal officials and members of Congress; to 
     the Committee on the Judiciary.

                          Senate Memorial 476

       Whereas, the Founders of the United States of America 
     provided in the Constitution of the United States for a 
     limited Federal Government of express enumerated powers, and
       Whereas, the Tenth Amendment to the Constitution 
     specifically provides that all powers not delegated to the 
     Federal Government nor prohibited by the Constitution to the 
     states are reserved to the states, respectively, or to the 
     people, and
       Whereas, for many decades, this balance of power was 
     generally respected and followed by those occupying positions 
     of authority in the Federal Government, and
       Whereas, as federal power has expanded over the past 
     decades, federal spending has exponentially increased to the 
     extent that it is now decidedly out of balance in relation to 
     actual revenues or when comparing the ratio of accumulated 
     public debt to the nation's gross domestic product, and
       Whereas, in 2013, the Federal Government's accumulated 
     public debt exceeded $17 trillion, which is more than double 
     that in 2006, and
       Whereas, projections of federal deficit spending in the 
     coming decades demonstrate that this power shift and its 
     fiscal impacts are continuing and pose serious threats to the 
     freedom and financial security of the American people and 
     future generations, and
       Whereas, the Founders of the United States of America 
     provided a procedure in Article V of the Constitution to 
     amend the Constitution on application of two-thirds of the 
     several states, calling a convention for proposing amendments 
     that will be valid to all intents and purposes if ratified by 
     the legislatures of three-fourths of the several states, or 
     by conventions in three-fourths thereof, as one or the other 
     mode of ratification may be proposed by Congress, and
       Whereas, it is a fundamental duty of state legislatures to 
     support, protect, and defend the liberty of the American 
     people, including generations yet to come, by asserting their 
     solemn duty and responsibility under the Constitution to call 
     for a convention under Article V for proposing amendments to 
     the Constitution to reverse and correct the ominous path that 
     the country is now on and to restrain future expansions and 
     abuses of federal power: Now, therefore, be it
       Resolved by the Legislature of the State of Florida:
       (1) That the Legislature of the State of Florida does 
     hereby make application to Congress pursuant to Article V of 
     the Constitution of the United States to call an Article V 
     convention for the sole purpose of proposing amendments to 
     the Constitution of the United States which:
       (a) Impose fiscal restraints on the Federal Government.
       (b) Limit the power and jurisdiction of the Federal 
     Government.
       (c) Limit the terms of office for federal officials and 
     members of Congress.
       (2) That these three proposed amendment categories are 
     severable from one another and may be counted individually 
     toward the required two-thirds number of applications made by 
     the state legislatures for the calling of an Article V 
     convention.
       (3) That this memorial is revoked and withdrawn, nullified, 
     and superseded to the same effect as if it had never been 
     passed, and retroactive to the date of passage, if it is used 
     for the purpose of calling a convention or used in support of 
     conducting a convention to amend the Constitution of the 
     United States for any purpose other than imposing fiscal 
     restraints on the Federal Government, limiting the power and 
     jurisdiction of the Federal Government, or limiting the terms 
     of office for federal officials and members of Congress.
       (4) That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States until the legislatures of at least two-
     thirds of the several states have made applications on one or 
     more of the three proposed amendment categories listed above.
       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-287. A resolution adopted by the General Assembly of 
     the State of Georgia making renewed application to the United 
     States Congress calling a convention of the states under 
     Article V of the United States Constitution for the purpose 
     of proposing a balanced budget amendment to the United States 
     Constitution; to the Committee on the Judiciary.

                       Senate Resolution No. 371

       Whereas, in 1976, by House Resolution 469-1267, Resolution 
     Act No. 93 (Ga. L. 1976, p. 184), the Georgia General 
     Assembly applied to the Congress to call a convention for the 
     specific and exclusive purpose of proposing an amendment to 
     the Constitution of the United States to require a balanced 
     federal budget and to make certain exceptions with respect 
     thereto; and
       Whereas, in 2004, by House Resolution No. 1343, Act No. 802 
     (Ga. L. 2004, p. 1081), the Georgia General Assembly 
     rescinded and repealed all prior applications for 
     constitutional conventions, including but not limited to said 
     1976 application; and
       Whereas, the need for such a balanced budget amendment 
     remains and has become far more apparent and urgent: Now, 
     therefore, be it
       Resolved by the General Assembly of Georgia, That this body 
     hereby applies again to Congress, under the provisions of 
     Article V of the Constitution of the United States, for the 
     calling of a convention for proposing an amendment to the 
     Constitution of the United States and recommends that the 
     convention be limited to consideration and proposal of an 
     amendment requiring that in the absence of a national 
     emergency the total of all federal appropriations made by the 
     Congress for any fiscal year may not exceed the total of all 
     estimated federal revenues for that fiscal year; and be it 
     further
       Resolved, That the Secretary of the Senate is authorized 
     and directed to transmit appropriate copies of this 
     application to the President and Secretary of the United 
     States Senate, the Speaker and Clerk of the United States 
     House of Representatives, and members of the Georgia 
     congressional delegation and to transmit appropriate copies 
     also to the presiding officers of each of the legislative 
     houses of the several states, requesting their cooperation; 
     and be it further
       Resolved, That this application is to be considered as 
     covering the same subject matter as the presently-outstanding 
     balanced budget applications from other states, including but 
     not limited to previously adopted applications from Alabama, 
     Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, 
     Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, 
     New Mexico, North Carolina, Pennsylvania, and Texas, and this 
     application should be aggregated with same for

[[Page S4333]]

     the purpose of reaching the two-thirds of states necessary to 
     require the calling of a convention, but should not be 
     aggregated with any applications on any other subject; and be 
     it further
       Resolved, That this application shall constitute a 
     continuing application in accordance with Article V of the 
     Constitution of the United States until:
       (1) The legislatures of at least two-thirds of the several 
     states have made applications on the same subject and 
     Congress has called for a convention for proposing an 
     amendment to the Constitution of the United States;
       (2) The Congress of the United States has in accordance 
     with Article V of the Constitution of the United States 
     proposed an amendment to said Constitution which is 
     consistent with the balanced budget amendment referenced in 
     this application; or
       (3) January 1, 2020, whichever first occurs.
                                  ____

       POM-288. A memorial adopted by the Legislature of the State 
     of Florida applying to the United States Congress to call a 
     convention of the states under Article V of the United States 
     Constitution for the sole purpose of proposing an amendment 
     to the United States Constitution which requires a balanced 
     federal budget; to the Committee on the Judiciary.

                          Senate Memorial 658

       Whereas, the Legislature of the State of Florida passed 
     Senate Concurrent Resolution 10 on April 21, 2010, and
       Whereas, Senate Concurrent Resolution 10 made application 
     to Congress to call a convention for proposing amendments 
     pursuant to Article V of the Constitution of the United 
     States for two purposes: to achieve and maintain a balanced 
     federal budget and to control the ability of Congress and 
     federal executive agencies to dictate to states requirements 
     for the expenditure of federal funds, and
       Whereas, the Legislature of the State of Florida desires to 
     conform to the single subject applications from Alabama, 
     Alaska, Arkansas, Colorado, Delaware, Indiana, Iowa, Kansas, 
     Maryland, Michigan, Mississippi, Missouri, Nebraska, Nevada, 
     New Hampshire, New Mexico, North Carolina, Ohio, 
     Pennsylvania, and Texas and limit its application to Congress 
     for the sole purpose of proposing an amendment to the 
     Constitution of the United States to require a balanced 
     federal budget: Now, Therefore, be it
       Resolved by the Legislature of the State of Florida:
       (1) That the Legislature of the State of Florida hereby 
     applies to Congress, under Article V of the Constitution of 
     the United States, to call a convention limited to proposing 
     an amendment to the Constitution requiring that, in the 
     absence of a national emergency, the total of all federal 
     appropriations made by the Congress for any fiscal year may 
     not exceed the total of all estimated federal revenues for 
     that fiscal year, together with any related and appropriate 
     fiscal restraints.
       (2) That this application is to be considered as covering 
     the same subject matter as the presently outstanding balanced 
     budget applications from other states and is to be aggregated 
     with the applications from those states for the purpose of 
     attaining the two-thirds number of states necessary to 
     require the calling of a convention, but may not be 
     aggregated with applications on any other subject calling for 
     a constitutional convention under Article V of the United 
     States Constitution.
       (3) That this application constitutes a continuing 
     application in accordance with Article V until the 
     legislatures of at least two-thirds of the states have made 
     applications on the same subject and supersedes all previous 
     applications by this Legislature on the same subject; 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-289. A memorial adopted by the Legislature of the State 
     of Florida applying to the United States Congress to call a 
     convention of the states under Article V of the United States 
     Constitution for the sole purpose of proposing an amendment 
     to the United States Constitution to provide that every law 
     enacted by Congress shall embrace only one subject, which 
     shall be clearly expressed in its title; to the Committee on 
     the Judiciary.

                           House Memorial 261

       Whereas, each measure before a legislative body should pass 
     on its own merits without depending on legislative support 
     for other unrelated measures to achieve the required number 
     of votes for passage, and
       Whereas, a single-subject constitutional provision 
     addresses this concern by prohibiting a legislative body from 
     enacting a law that embraces more than one subject, and
       Whereas, 41 of the 50 states, including Florida, have a 
     single-subject provision in their respective state 
     constitutions, and the legislatures and citizens of these 
     states have benefited from a single-subject requirement, and
       Whereas, the Constitution of the United States is the 
     supreme law of the United States of America, touching the 
     lives of every citizen in the several states, but is missing 
     this important provision, and
       Whereas, our great country is deep in debt and Congress is 
     currently searching for a solution, and
       Whereas, a federal single-subject amendment would provide 
     the means to limit pork barrel spending, control the 
     phenomenon of legislating through riders, limit omnibus 
     legislation produced by logrolling, prevent public surprise, 
     and increase the institutional accountability of Congress and 
     its members, and
       Whereas, it is Florida's hope and desire that Congress will 
     be able to conduct its business in a more productive, 
     efficient, transparent, and less acrimonious way with a 
     single-subject requirement, and
       Whereas, Article V of the Constitution of the United States 
     makes provision for amending the Constitution on the 
     application of the legislatures of two-thirds of the several 
     states, calling a convention for proposing amendments that 
     shall be valid to all intents and purposes if ratified by the 
     legislatures of three-fourths of the several states or by 
     conventions in three-fourths thereof, as the one or the other 
     mode of ratification may be proposed by Congress: Now, 
     Therefore, be it
       Resolved by the Legislature of the State of Florida:
       (1) That the Legislature of the State of Florida, with all 
     due respect, does hereby make application to the Congress of 
     the United States pursuant to Article V of the Constitution 
     of the United States to call a convention for the sole 
     purpose of proposing an amendment to the Constitution of the 
     United States to provide that Congress shall pass no bill, 
     and no bill shall become law, which embraces more than one 
     subject, that subject to be clearly expressed in the bill's 
     title.
       (2) That this memorial is revoked and withdrawn, nullified, 
     and superseded to the same effect as if it had never been 
     passed, and be retroactive to the date of passage, if it is 
     used for the purpose of calling a convention or used in 
     support of conducting a convention to amend the Constitution 
     of the United States for any purpose other than requiring 
     that every law enacted by Congress embrace only one subject, 
     which shall be clearly expressed in the title.
       (3) That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States until the legislatures of at least two-
     thirds of the states have made applications on the same 
     subject; 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-290. A memorial adopted by the Legislature of the State 
     of Florida urging the Congress of the United States to direct 
     the United States Environmental Protection Agency in 
     developing guidelines for regulating carbon dioxide emissions 
     from existing fossil-fueled electric generating units; to the 
     Committee on Environment and Public Works.

                          Senate Memorial 1174

       Whereas, a reliable and affordable energy supply is vital 
     to Florida's economy and job growth, as well as the overall 
     interests of its citizens, and
       Whereas, Florida supports an all-inclusive energy strategy 
     because it is in the best interest of the state and the 
     nation, and
       Whereas, the United States has an abundant supply of coal 
     that provides economic and energy security benefits, 
     including affordable and reliable electricity, and
       Whereas, carbon regulations for existing coal-fueled 
     electric generating units could threaten the affordability 
     and reliability of Florida's electricity supplies, and
       Whereas, such regulations impose additional financial 
     burdens on electric generating units that have invested in 
     pollution controls to meet the recent mercury regulations of 
     the United States Environmental Protection Agency, and
       Whereas, such burdens risk the closure of electric 
     generating units resulting in substantial job loss, and
       Whereas, carbon dioxide emissions from coal-fueled electric 
     generating units in the United States represent only 3 
     percent of global anthropogenic greenhouse gas emissions, and
       Whereas, the United States Energy Information 
     Administration projects that carbon dioxide emissions from 
     the nation's electric sector will be 14 percent below 2005 
     levels in 2020, and
       Whereas, the United States Energy Information 
     Administration projects that carbon dioxide emissions from 
     the nation's coal-fueled electric generating units will be 19 
     percent below 2005 levels in 2020, and
       Whereas, on June 25, 2013, the President of the United 
     States directed the United States Environmental Protection 
     Agency to issue standards, regulations, and guidelines to 
     address carbon dioxide emissions from new, existing, 
     modified, and reconstructed fossil-fueled electric generating 
     units, and
       Whereas, the President of the United States has recognized 
     that states will play a central role in establishing and 
     implementing carbon standards for existing electric 
     generating units, and
       Whereas, the Clean Air Act requires the United States 
     Environmental Protection Agency to establish a procedure 
     under which

[[Page S4334]]

     each state must develop a plan for establishing and 
     implementing standards of performance for existing fossil-
     fueled electric generating units within the state, and
       Whereas, the Clean Air Act expressly allows states, in 
     developing and applying such standards of performance, to 
     take into consideration, among other factors, the remaining 
     useful life of an existing fossil-fueled electric generating 
     unit to which such standards apply, and
       Whereas, the existing regulations of the United States 
     Environmental Protection Agency provide that states may adopt 
     less stringent emissions standards or longer compliance 
     schedules than the agency's guidelines based on factors such 
     as unreasonable cost of control, physical impossibility of 
     installing necessary control equipment, or other factors that 
     make less stringent standards or longer compliance times 
     significantly more reasonable, and
       Whereas, it is in the best interest of electricity 
     consumers in Florida to continue to benefit from reliable, 
     affordable electricity provided by coal-based electric 
     generating units: 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 Environmental Protection Agency, in developing 
     guidelines for regulating carbon dioxide emissions from 
     existing fossil-fueled electric generating units, to:
       (1) Respect the primacy of Florida and rely on state 
     regulators to develop performance standards for carbon 
     dioxide emissions which take into account the unique 
     policies, energy needs, resource mix, and economic priorities 
     of the state.
       (2) Issue guidelines and approve state-established 
     performance standards that are based on reductions of carbon 
     dioxide emissions determined to be achievable by measures 
     undertaken at fossil-fueled electric generating units.
       (3) Allow Florida to set less stringent performance 
     standards or longer compliance schedules for fossil-fueled 
     electric generating units.
       (4) Give Florida maximum flexibility to implement carbon 
     dioxide performance standards for fossil-fueled electric 
     generating units; and be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the Administrator of the 
     United States Environmental Protection Agency, 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-291. A resolution adopted by the Senate of the State of 
     Colorado urging the United States Congress to pass 
     comprehensive federal legislation authorizing banks and 
     credit unions to serve legal marijuana and hemp businesses; 
     to the Committee on Banking, Housing, and Urban Affairs.

                      Senate Resolution No. 14-003

       Whereas, All one hundred members of the Colorado General 
     Assembly took an oath to uphold the United States 
     constitution and the Colorado constitution; and
       Whereas, Colorado voters recently approved Amendment 64, a 
     constitutional amendment to legalize the sale and consumption 
     of recreational marijuana in Colorado, with 55.23 percent of 
     the vote, or approximately 1.38 million votes, in favor of 
     legalization; and
       Whereas, Hemp has long been recognized for its varied 
     industrial uses, was sold and used commercially in the 
     earliest days of our country's history, and was recognized as 
     a valuable cash crop by George Washington, Thomas Jefferson, 
     and Benjamin Franklin; and
       Whereas, Federal laws, including the ``Controlled 
     Substances Act'', the ``Bank Secrecy Act'', and the 
     ``Annunzio-Wylie Anti-Money Laundering Act'', prohibit banks 
     from providing financial services to marijuana and hemp 
     businesses; and
       Whereas, Directives from federal regulatory agencies such 
     as the Federal Reserve, the Federal Deposit Insurance 
     Corporation, the National Credit Union Administration, and 
     the Office of the Comptroller of the Currency also prohibit 
     bankers from accepting deposits from marijuana or hemp 
     businesses; and
       Whereas, The ``USA PATRIOT Act'' directs financial 
     institutions to establish Enhanced Due Diligence policies, 
     procedures, and controls where necessary to detect and report 
     instances of suspected money laundering, which has led to the 
     adoption of Know Your Customer procedures; and
       Whereas, Know Your Customer procedures require banks and 
     credit unions to verify the identity of their customers and 
     determine that the source of their funds is legitimate by 
     obtaining information about the nature of an account holder's 
     business, customers, and sources of funds; and
       Whereas, Banks and credit unions that comply with the Know 
     Your Customer rules will be required by anti-money laundering 
     laws and regulations to file recurring suspicious activity 
     reports documenting the financial activities of a legal 
     marijuana business, including filing a currency transaction 
     report each time a marijuana business makes a deposit of more 
     than $10,000 and reporting cash that smells like marijuana; 
     and
       Whereas, Marijuana remains classified as a schedule I 
     controlled substance at the federal level, the strictest 
     classification under the ``Controlled Substances Act'', and 
     the production of industrial hemp remains highly restricted 
     at the federal level; and
       Whereas, The United States attorney general recently 
     announced guidance for financial institutions that wish to 
     provide banking services to legal marijuana businesses in 
     what has become known as the Cole Memo; and
       Whereas, This guidance greatly adds to the reporting and 
     compliance requirements already demanded of banks and credit 
     unions, including ensuring that the marijuana businesses to 
     which they provide services do not sell to minors, transfer 
     marijuana to a state where its sale is illegal, involve 
     themselves with organized crime, sell illegal drugs, 
     encourage the use of marijuana on federal property, or 
     encourage drugged driving; and
       Whereas, The United States Treasury's Financial Crimes 
     Enforcement Network, or FinCEN, in coordination with the 
     United States Department of Justice, also issued a memo 
     outlining expectations for compliance with the ``Bank 
     Secrecy Act'', including verifying the legitimacy of a 
     marijuana business's license and registration, developing 
     an understanding of the norm for marijuana business 
     transactions and monitoring each business for deviation 
     from the norm, monitoring publicly available sources for 
     adverse information on the business and any related 
     parties, and monitoring for suspicious activity on an 
     ongoing basis; and
       Whereas, In April 2014, United States Senators Chuck 
     Grassley and Dianne Feinstein sent a letter to the director 
     of FinCEN, questioning FinCEN's legal authority to provide 
     banks guidance on violations of federal law and noting the 
     possibility that a financial institution might complete a 
     suspicious activity report regarding a marijuana business 
     customer, and then that specific report could be used against 
     the financial institution as evidence of the institution 
     being complicit in the act of money laundering; and
       Whereas, Financial institutions face a significant 
     challenge in verifying that a marijuana business is in 
     compliance with all of the guidelines issued by the 
     Department of Justice and FinCEN and face uncertainty about 
     whether they would be reasonably protected from prosecution 
     or actions by regulatory agencies, now or in the future, on 
     the basis of guidance in non-binding memoranda; and
       Whereas, The above-mentioned guidance is a directive to 
     federal prosecutors to avoid prosecuting financial 
     institutions that comply with the Cole Memo and FinCEN 
     guidance but does not limit punitive actions from federal 
     regulatory agencies, including several that operate outside 
     of the executive branch, such as the FDIC and the Federal 
     Reserve, whose regulatory actions could be just as damaging 
     to a financial institution's operations as prosecution; and
       Whereas, The guidance is not enforceable in court, provides 
     neither a safe harbor from prosecution nor legal defense in 
     court, and can only be considered temporary, short-lived 
     guidance as it could be reversed by a future administration; 
     and
       Whereas, The guidance from the United States Department of 
     Justice cannot override federal laws or regulations, which 
     still characterize acceptance of a deposit from a marijuana 
     business as money laundering; and
       Whereas, Neither the United States Department of Justice 
     guidance nor the FinCEN memo provide adequate regulatory and 
     legal certainty for financial institutions to provide banking 
     services to the legal marijuana industry; and
       Whereas, Under federal law, banks and credit unions that 
     conduct business with legal marijuana businesses will still 
     be in violation of the ``Bank Secrecy Act'', the ``Annunzio-
     Wylie Anti-Money Laundering Act'', and the ``USA PATRIOT 
     Act'', and any bank or credit union that chooses to serve 
     marijuana businesses effectively puts its regulatory status 
     at risk; and
       Whereas, Colorado and Washington have already legalized 
     retail marijuana shops, and several other states will be 
     considering full legalization at the ballot in the 2014 
     elections; and
       Whereas, Twenty states have already legalized the sale and 
     consumption of medical marijuana for limited medical uses; 
     and
       Whereas, The medical, retail, and hemp agricultural 
     businesses that are legally permitted to operate under state 
     laws in dozens of states are forced to operate as all-cash 
     businesses, including paying for capital investments such as 
     hydration and lighting equipment in cash, compensating 
     employees in cash, and renting or purchasing warehouses and 
     other real estate with large down payments in cash; and
       Whereas, The medical, retail, and hemp agricultural 
     businesses can accept neither credit nor debit cards from 
     customers because electronic payments are handled through the 
     banking system; and
       Whereas, Both the state of Colorado and its local 
     municipalities use bank accounts to audit sales tax 
     collections, and a lack of accounting information that is 
     typically available for such audits could mean that Colorado 
     governments are under-collecting tax revenue; and
       Whereas, The storage and transfer of large amounts of cash 
     necessary for the legal operation of marijuana businesses has 
     already made these businesses a target for crime and could 
     attract the involvement of organized criminal enterprises; 
     and
       Whereas, Colorado is unable to address this problem by 
     chartering a state bank or credit

[[Page S4335]]

     union because all financial institutions are interconnected 
     through federal banking laws and regulations that govern 
     national and international commerce: Now, therefore, be it
       Resolved by the Senate of the Sixty-ninth General Assembly 
     of the State of Colorado:
       (1) That the ability of the federal executive branch to 
     facilitate a reasonable regulatory structure for the 
     marijuana industry is limited as long as federal law 
     categorizes marijuana as an illegal substance.
       (2) That the best solution to the problem of a lack of 
     financial services for the legal marijuana industry will be 
     comprehensive federal legislation authorizing banks and 
     credit unions to serve legal marijuana and hemp businesses; 
     and be it further
       Resolved, That copies of this Resolution be sent to all 
     members of the Colorado delegation to the United States 
     Congress, the speaker of the United States House of 
     Representatives, the United States Senate majority leader, 
     the United States Senate majority leader pro tempore, and the 
     president of the United States.
                                  ____

       POM-292. A resolution adopted by the House of 
     Representatives of the State of North Carolina urging the 
     United States Congress and the President of the United States 
     to reauthorize the Terrorism Risk Insurance Program; to the 
     Committee on Banking, Housing, and Urban Affairs.

                       House Resolution No. 1261

       Whereas, insurance helps protect the United States economy 
     from the adverse effects of the risks inherent in economic 
     and development while also providing the resources necessary 
     to rebuild physical and economic infrastructure, offer 
     indemnification for business disruption, and provide coverage 
     for medical and liability costs from injuries and loss of 
     life in the event of catastrophic losses to persons or 
     property; and
       Whereas, the terrorist attack of September 11, 2001, 
     produced insured losses larger than any natural or manmade 
     event in history, with claims paid by insurers to their 
     policy holders eventually totaling some $32.5 billion, making 
     this the second most costly insurance event in United States 
     history; and
       Whereas, the sheer enormity of the loss, combined with the 
     possibility of future attacks, produced financial shockwaves 
     that shook insurance markets causing insurers and reinsurers 
     to exclude coverage arising from acts of terrorism from 
     virtually all commercial property and liability policies; and
       Whereas, the lack of terrorism risk insurance contributed 
     to a paralysis in the economy, especially in construction, 
     tourism, business travel, and real estate finance; and
       Whereas, the United States Congress originally passed the 
     Terrorism Risk Insurance Act of 2002, Pub. L. 107-297 (TRIA), 
     in which the federal government agreed to provide terrorism 
     reinsurance to insurers and reauthorized this arrangement via 
     the Terrorism Risk Insurance Extension Act of 2005, Pub. L. 
     109-144, and the Terrorism Risk Insurance Program 
     Reauthorization Act of 2007, Pub. L. 110-160 (TRIPRA); and
       Whereas, under TRIPRA the federal government provides such 
     reinsurance after industry-wide losses attributable to annual 
     certified terrorism events exceed $100 million; and
       Whereas, coverage under TRIPRA is provided to individual 
     insurers after the insurer has incurred losses related to 
     terrorism equal to 20% of the insurer's previous year earned 
     premium for property-casualty lines; and
       Whereas, after an individual insurer has reached such a 
     threshold, the insurer pays 15% of residual losses and the 
     federal government pay the remaining 85%; and
       Whereas, the Terrorism Risk Insurance Program has an annual 
     cap of $100 billion of aggregate insured losses, beyond which 
     the federal program does not provide coverage; and
       Whereas, TRIPRA requires the federal government to recoup 
     100% of the benefits provided under the program via 
     policyholder surcharges to the extent the aggregate insured 
     losses are less than $27.5 billion and enables the government 
     to recoup expenditures beyond that mandatory recoupment 
     amount; and
       Whereas, without question, TRIA and its successors are the 
     principal reason for the continued stability in the insurance 
     and reinsurance market for terrorism insurance to the benefit 
     of our overall economy; and
       Whereas, the presence of a robust private-public 
     partnership has provided stability and predictability and has 
     allowed insurers to actively participate in the market in a 
     meaningful way; and
       Whereas, without a program such as TRIPRA, many of our 
     citizens who want and need terrorism coverage to operate 
     their businesses all across the nation would be either unable 
     to get insurance or unable to afford the limited coverage 
     that would be available; and
       Whereas, without federally provided reinsurance, property 
     and casualty insurers will face less availability of 
     terrorism reinsurance and will therefore be severely 
     restricted in their ability to provide sufficient coverage 
     for acts of terrorism to support our economy; and
       Whereas, unfortunately, despite the hard work and 
     dedication of this nations's counterterrorism agencies and 
     the bravery of the men and women in uniform who fought and 
     continue to fight battles abroad to keep us safe here at 
     home, the threat from terrorist attacks in the United States 
     is both real and substantial and will remain as such for the 
     foreseeable future: Now, therefore, be it
       Resolved by the House of Representatives:
       Section 1. The members of the House of Representatives of 
     the State of North Carolina urge the United States Congress 
     and the President of the United States to reauthorize the 
     Terrorism Risk Insurance Program.
       Section 2. The Principal Clerk shall transmit certified 
     copies of this resolution to the President of the United 
     States, the Speaker and clerk of the United States House of 
     Representative, the President Pro Tempore and the Secretary 
     of the United States Senate, the members of the North 
     Carolina Congressional delegation, and the news media of 
     North Carolina.
       Section 3. This resolution is effective upon adoption.
                                  ____

       POM-293. A substitute concurrent resolution adopted by the 
     Legislature of the State of Missouri memorializing the need 
     to preserve natural resources and provide recreational 
     development and other improvements for the public use; to the 
     Committee on Energy and Natural Resources.

        Senate Substitute for House Concurrent Resolution No. 9

       Whereas, in 1959, Senate Resolution No. 33 and House 
     Resolution No. 19, recognizing the importance of the 
     extraordinary manifestations of nature and recreational 
     attributes of the Current and Jacks Fork Riverways , 
     requested Congress to enact legislation to preserve the 
     natural resources and provide recreational development and 
     other improvements for the public use; and
       Whereas, in 1964, Congress answered Missouri's request by 
     enacting legislation to establish the Ozark National Scenic 
     Riverways; and
       Whereas, the riverways within the Ozark National Scenic 
     Riverways are, and remain, public highways of the State of 
     Missouri, subject to concurrent jurisdiction between the 
     State of Missouri and the United States under Missouri Senate 
     Bill No. .362 enacted in 1971; and
       Whereas, in 2005, the National Park Service began 
     researching for the purpose of drafting a new general 
     management plan for the Ozark National Scenic Riverways; and
       Whereas, the National Park Service is advocating the 
     ``Preferred Alternative'' option of the general management 
     plan; and
       Whereas, the goal of the ``Preferred Alternative'' option 
     of the general management plan is to shut down public access 
     points to riverways, eliminate motorized boat traffic from 
     certain areas, further restrict boat motor horsepower in 
     other areas, close several gravel bars, and propose that 
     additional areas be designated as federal wilderness; and
       Whereas, the ``No-Action Alternative'' option of the 
     general management plan is an appropriate balance between 
     resource preservation and opportunities for recreational use; 
     and
       Whereas, the general management plan will guide decisions 
     related to the Ozark National Scenic Riverways for the next 
     15 to 20 years; and
       Whereas, tourism is one of the most critical components of 
     our rural economy; and
       Whereas, thousands of hikers, campers, boaters, hunters, 
     fishermen, and horseback riders visit these areas annually 
     generating irreplaceable tax revenue; and
       Whereas, any further limitations on the access to these 
     riverways would severely impact this local economy;
       Whereas, the Missouri Conservation Commission is charged 
     with the control, management, restoration, conservation, and 
     regulation of bird, fish, game, forestry, and all wildlife 
     resources of the state, including hatcheries, sanctuaries, 
     refuges, reservations, and all other property owned, 
     acquired, or used for such purposes; and
       Whereas, in September of 2009, the Missouri Department of 
     Conservation recommended that ``hunting, fishing, and 
     trapping continue to be allowed through the Ozark National 
     Scenic Riverways except in highly developed areas where a 
     reasonable safety zone for public protection may be required: 
     Now therefore be it
       Resolved, That the members of the Missouri Senate, Ninety-
     seventh General Assembly, Second Regular Session, the House 
     of Representatives concurring therein, hereby strongly urge 
     the United States Department of the Interior National Park 
     Service to pursue one of the following three options in 
     regard to the Ozark National Scenic Riverways:
       1. Choose the ``No-Action Alternative'' option of the 
     general management plan;
       2. Enter into negotiations with the State of Missouri, 
     Department of Conservation for the return of the Ozark 
     National Scenic Riverways to the State of Missouri so that 
     the land will continued to be used for its original and 
     intended purpose; or
       3. Enter into a contract with the State of Missouri, 
     Department of Conservation for the management, operation, and 
     maintenance of the Ozark National Scenic Riverways; and be it 
     further
       Resolved That the Chief Clerk of the Missouri House of 
     Representatives be instructed to prepare properly inscribed 
     copies of this resolution for the President Pro Tempore of 
     the United States Senate, the Speaker of the United States 
     House of Representatives, the Secretary of the United States 
     Department

[[Page S4336]]

     of the Interior, each member of the Missouri Congressional 
     Delegation, the Director of the National Park Service, the 
     Superintendent of the Ozark National Scenic Riverways, the 
     Director of the Missouri Department of Conservation, and 
     Governor Jay Nixon.

                          ____________________