[Congressional Record (Bound Edition), Volume 147 (2001), Part 4]
[Senate]
[Pages 5904-5905]
[From the U.S. 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-4. A resolution adopted by the Lexington Fayette Urban 
     County Government relative to parks and other natural 
     resources; to the Committee on Energy and Natural Resources.
       POM-5. A joint resolution adopted by the Legislature of the 
     State of Wyoming relative to wildlife management; to the 
     Committee on Appropriations.

                    Enrolled Joint Resolution No. 4

       Whereas, the United States government has adopted and is 
     implementing a plan for the recovery of the grizzly bear and 
     gray wolf in the Northern Rocky Mountain region; and
       Whereas, the federal policy to restore the grizzly bear and 
     gray wolf in the Northern Rocky Mountain region has a 
     continuing financial obligation which should be borne by the 
     same broad segment of the United States population which 
     imposed the policy in order to continue the effective 
     management of these species; and
       Whereas, significant portions of the range of the grizzly 
     bear and gray wolf are located within the Northern Rocky 
     Mountain region on lands managed by the United States 
     Department of the Interior and the United States Department 
     of Agriculture; and
       Whereas, the management of resident wildlife species not 
     listed under the federal Endangered Species Act of 1973, as 
     amended, is the responsibility of the states; and
       Whereas, grizzly bear and gray wolf populations are 
     increasing and should therefore be removed from the federal 
     list of endangered species, thereby shifting a substantial 
     responsibility from management of these wildlife species to 
     the state of Wyoming; and
       Whereas, the state of Wyoming acknowledges its 
     responsibility and authority for the management of the 
     grizzly bear and gray wolf in the Northern Rocky Mountain 
     region after those species have been removed from the list of 
     endangered species; and
       Whereas, providing a substantial permanent and stable 
     source of funding to help pay for the continuing costs of 
     managing these unique species is essential for the successful 
     management of the grizzly bear and gray wolf in the Northern 
     Rocky Mountain region; and
       Whereas, the costs to manage these wildlife species in the 
     Northern Rocky Mountain region will be significantly greater 
     than can be sustained through the existing budgets of the 
     responsible state and federal agencies; and
       Whereas, a national trust should be established for the 
     management of these wildlife species with the understanding 
     that the responsible state and federal agencies will continue 
     to seek necessary appropriations from their respective 
     legislative bodies for the continuing management of these 
     wildlife species, consistent with their respective statutory 
     mandates. Now, therefore, be it
       Resolved by the members of the legislature of the State of 
     Wyoming, a majority of all the members of each house, voting 
     separately, concurring therein:
       Section 1. That the Wyoming State Legislature endorses the 
     establishment of the Northern Rocky Mountain Grizzly Bear and 
     Gray Wolf Management Trust as a special fund within the 
     National Fish and Wildlife Foundation, to provide funding for 
     the management and compensation payments for losses incurred 
     by individuals and entities, made by state and federal 
     entities arising out of the continuing management of grizzly 
     bear and gray wolf populations in the Northern Rocky Mountain 
     region.
       Section 2. That the Wyoming State Legislature requests that 
     the United States Congress fund the corpus of the Management 
     Trust with a minimum of forty million dollars 
     ($40,000,000.00) by January 1, 2003, which is the minimum 
     amount presently anticipated to be required to fund the 
     obligations

[[Page 5905]]

     resulting from the continuing management of these unique 
     species.
       Section 3. That the Wyoming State Legislature encourages 
     individuals, businesses, corporations and organizations 
     across the United States to contribute to the corpus of the 
     Management Trust to ensure the continuing management of the 
     grizzly bear and gray wolf in the Northern Rocky Mountain 
     region of the United States.
       Section 4. The Secretary of State of Wyoming is directed to 
     transmit copies of this resolution and a copy of the list of 
     members voting for this proposal to the President of the 
     United States, to the President of the Senate and the Speaker 
     of the House of Representatives of the United States 
     Congress, to the United States Secretary of Interior and the 
     United States Secretary of Agriculture and to the Wyoming 
     Congressional Delegation.
                                  ____

       POM-6. A joint resolution adopted by the Legislature of the 
     State of Wyoming relative to wildlife management; to the 
     Committee on Environment and Public Works.
       Whereas, separation of powers is fundamental to the United 
     States Constitution and the power of the federal government 
     is limited; and
       Whereas, the state of Wyoming has certain rights guaranteed 
     to the states by the Constitution of the United States; and
       Whereas, under the United States constitution, the states 
     are to determine public policy; and
       Whereas, traditionally the state of Wyoming has 
     participated in issues regarding the introduction or 
     reintroduction of threatened or endangered species into 
     boundaries of the state; and
       Whereas, the costs of managing and conserving the 
     threatened or endangered species is significantly greater 
     than can be sustained through the annual operating budgets of 
     state agencies; and
       Whereas, the introduction or reintroduction of threatened 
     or endangered species may have a negative impact on the state 
     of Wyoming's industries and economy; and
       Whereas, the United States Congress should not make 
     decisions for the introduction or reintroduction of 
     threatened or endangered species into the state of Wyoming 
     without the consent and approval of the state; and
       Whereas, the United States Congress should not make 
     decisions for the introduction or reintroduction of 
     threatened or endangered species into the state of Wyoming 
     without providing necessary funding for the management and 
     conservation of these species.
       Now, therefore, be it
       Resolved by the members of the legislature of the State of 
     Wyoming, a majority of all the members of each house, voting 
     separately, concurring therein:
       Section 1. That the Wyoming State Legislature does not 
     condone the introduction of threatened or endangered species 
     pursuant to the federal ``Endangered Species Act of 1973'' 16 
     U.S.C. Sec. 1531, et seq., as amended, into the state of 
     Wyoming without the approval and consent of the state of 
     Wyoming.
       Section 2. That the Wyoming State Legislature strongly 
     encourages the United States Congress to appropriate monies 
     for the management and conservation of threatened or 
     endangered species prior to their introduction or 
     reintroduction into the state of Wyoming, and to establish 
     federal funding sources to provide for state management of 
     the species following delisting.
       Section 3. That the Secretary of State of Wyoming transmit 
     copies of this resolution to the President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the United States Congress, to 
     the United States Secretary of Interior and the United States 
     Secretary of Agriculture and to the Wyoming Congressional 
     Delegation.
                                  ____

       POM-7. A concurrent resolution adopted by the Legislature 
     of the State of North Dakota relative to amending the 
     Constitution of the United States; to the Committee on the 
     Judiciary.

                  House Concurrent Resolution No. 3031

       Whereas, the Constitution of the United States reserves to 
     the states a broad range of powers and the power of the 
     federal government is strictly limited with regard to powers 
     reserved to the states; and
       Whereas, under the Constitution of the United States, the 
     states are given full authority over state and local 
     government tax policy; and
       Whereas, it is the duty of the judiciary to interpret the 
     law, not to create law; and
       Whereas, our present federal government has strayed from 
     the intent of our founding fathers and the Constitution of 
     the United States through inappropriate federal mandates; and
       Whereas, federal district courts, with the acquiescence of 
     the United States Supreme Court, continue to order states to 
     levy or increase taxes to comply with federal mandates; and
       Whereas, these court actions violate the Constitution of 
     the United States; and
       Whereas, the time has come for the people of this great 
     nation and their duly elected representatives in state 
     government to reaffirm, in no uncertain terms, that the 
     authority to tax under the Constitution of the United States 
     is retained by the people who, by their consent alone, do 
     delegate such power to tax explicitly to those duly elected 
     representatives in the legislative branch of government whom 
     they choose, such representatives being directly responsible 
     and accountable to those who have elected them; Now, 
     therefore, be it
       Resolved by the House of Representatives of North Dakota, 
     the Senate Concurring therein:
       1. That the United States Congress prepare and submit to 
     the several states an amendment to the Constitution of the 
     United States to add a new article providing as follows:
       ``Neither the Supreme Court nor any inferior court of the 
     United States shall have the power to instruct or order a 
     state or political subdivision thereof, or an official of 
     such a state or political subdivision, to levy or increase 
     taxes.''
       2. That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States.
       3. That the Fifty-seventh Legislative Assembly also 
     proposes that the legislatures of each of the several states 
     comprising the United States that have not yet made a similar 
     request apply to the United States Congress requesting 
     enactment of an appropriate amendment to the Constitution of 
     the United States, and apply to the United States Congress to 
     propose such an amendment to the Constitution of the United 
     States.
       4. That the Secretary of State transmit copies of this 
     resolution to the President and Vice President of the United 
     States, the presiding officer in each house of the 
     legislature in each of the states in the Union, the Speaker 
     of the United States House of Representatives, the President 
     of the United States Senate, and to each member of the North 
     Dakota Congressional Delegation.
       POM-8. A concurrent resolution adopted by the Legislature 
     of the State of North Dakota relative to the rescinding of a 
     convention; to the Committee on the Judiciary.

                 Senate Concurrent Resolution No. 4028

       Whereas, the Legislative Assembly, acting with the best of 
     intentions, has, at various times, applied to the Congress of 
     the United States to call a convention to propose amendments 
     to the United States Constitution, pursuant to the provisions 
     of Article V of the United States Constitution; and
       Whereas, former Justice of the United States Supreme Court 
     Warren E. Burger, former Associate Justice of the United 
     States Supreme Court Arthur J. Goldberg, and other leading 
     constitutional scholars agree that such a convention may 
     propose sweeping changes to the Constitution, any limitations 
     or restrictions purportedly imposed by the states in applying 
     for such a convention or conventions to the contrary 
     notwithstanding, thereby creating an imminent peril to the 
     well-established rights of the citizens and the duties of 
     various levels of government; and
       Whereas, the Constitution of the United States has been 
     amended many times in the history of this nation and may be 
     amended many more times, without the need to resort to a 
     constitutional convention, and has been interpreted for more 
     than 200 years and has been found to be a sound document that 
     protects the lives and liberties of the citizens; and
       Whereas, there is great danger in a new constitution or in 
     opening the Constitution to sweeping changes, the adoption of 
     which would only create legal chaos in this nation and only 
     begin the process of another two centuries of litigation over 
     its meaning and interpretation; Now, therefore, be it
       Resolved by the Senate of North Dakota, the House of 
     Representatives concurring therein:
       That the Legislative Assembly rescinds the following 
     applications made by the Legislative Assembly to the Congress 
     of the United States to call a convention pursuant to Article 
     V of the United States Constitution:
       1967 House Concurrent Resolution ``I-1'', calling for a 
     convention to amend the Constitution of the United States, 
     relating to apportionment;
       1971 Senate Concurrent Resolution No. 4013, calling for a 
     convention to amend the Constitution of the United States to 
     provide revenue sharing;
       1975 Senate Concurrent Resolution 4018, calling for a 
     convention to amend the Constitution of the United States to 
     require a balanced cash budget for each session of Congress 
     except in time of war or national emergency;
       1979 Senate Concurrent Resolution No. 4033, calling for a 
     convention to amend the Constitution of the United States to 
     prohibit federal estate taxes; and
       Be it further resolved, That the Legislative Assembly urges 
     the legislative bodies of each state that have applied to 
     Congress to call a convention to rescind; and
       Be it further resolved, That the Secretary of State forward 
     copies of this resolution to the presiding officer of each 
     legislative body in each state, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, to the members of the North Dakota 
     Congressional Delegation, and to the administrator of General 
     Services, Washington, D.C.




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