[Congressional Record (Bound Edition), Volume 152 (2006), Part 11]
[Senate]
[Pages 14996-15011]
[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-347. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii relative to the 
     authorization and appropriation of funds to allow all members 
     of the armed forces reserve component to access the TRICARE 
     program; to the Committee on Armed Services.

                  Senate Concurrent Resolution No. 147

       Whereas, Army National Guard members are fulfilling 
     commitments in Iraq, Afghanistan, Bosnia, and the Sinai, with 
     members of the Hawaii Army National Guard having recently 
     served in Iraq and Afghanistan; and
       Whereas, presently almost half of all service personnel 
     deployed in Iraq are members

[[Page 14997]]

     of the reserve components of the United States armed forces, 
     including members of the National Guard and Army, Navy, Air 
     Force, and Marine Corps Reserves; and
       Whereas, under present law, for every ninety day period on 
     active duty, a member of the reserve component receives one 
     year of cost-share TRICARE health benefits if the member 
     agrees to serve that year with a reserve component; and
       Whereas, while well-intentioned, this measure does not go 
     far enough to solve the problem of medical readiness that 
     exists in the reserve component and can affect the 
     mobilization and deployment of intact reserve component 
     units; now, therefore, be it
       Resolved by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, that the Congress of the United 
     States is urged to authorize and appropriate funds to allow 
     all members of the reserve component to access TRICARE health 
     benefit coverage on a cost-share basis, without restrictions; 
     and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, the Secretary of Defense, members of 
     Hawaii's congressional delegation, the Governor, and the 
     Adjutant General.
                                  ____

       POM-348. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to require a 
     minimum time period for a business to refund an unauthorized 
     overcharge on a debit card; to the Committee on Banking, 
     Housing, and Urban Affairs.

                  House Concurrent Resolution No. 208

       Whereas, businesses across the Nation engage in the unfair 
     trade practice of overcharging a debit cardholder's account 
     for more than the sales price of goods or services without 
     the cardholder's knowledge and consent; and
       Whereas, this practice causes financial harm to debit 
     cardholders by the assessment of overdraft fees and inability 
     to access funds depleted by the overcharged amount; and
       Whereas, legislation requiring a minimum time period for 
     refunds by businesses who overcharge a debit cardholder's 
     account without permission should be enacted: Now, therefore, 
     be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to require a minimum time period for refunds 
     by businesses who overcharge a debit cardholder's account 
     without permission; 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-349. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to urging and requesting the attorney general and 
     the legislative auditor to continue to pursue all options 
     necessary to permit the state to have an accurate accounting 
     of assistance for which the state is required to pay a 
     portion of the costs and urging and requesting the Louisiana 
     congressional delegation to support such efforts; to the 
     Committee on Banking, Housing, and Urban Affairs.

                  House Concurrent Resolution No. 170

       Whereas, the Federal Emergency Management Agency has 
     requested a combined payment of almost one hundred fifty-six 
     million dollars for the state's twenty-five percent share of 
     the six hundred twenty-three million dollars spent through 
     November 30, 2005, for Other Needs Assistance to one hundred 
     eighty-one thousand Louisiana citizens affected by Hurricanes 
     Katrina and Rita; and
       Whereas, 44 CFR 206.16 requires the FEMA associate director 
     or regional director to conduct audits and investigations as 
     necessary to assure compliance with the Stafford Act and, for 
     purposes of such audits and investigations, authorizes FEMA 
     or state auditors, the governor's authorized representative, 
     the regional director, the associate director, and the 
     comptroller general of the United States, or their duly 
     authorized representatives to inspect any books, documents, 
     papers, and records of any person relating to any activity 
     undertaken or funded under the Stafford Act; and
       Whereas, Attorney General Charles Foti and Legislative 
     Auditor Steve Theriot sent letters dated February 7, 2006, 
     and February 17, 2006, requesting pursuant to 44 CFR 216.16, 
     206.62(b), and 206.64, source documentation which will allow 
     the legislative auditor to g1ve assurance to the leaders of 
     the state of Louisiana that these monies are, in fact, owing, 
     and due: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the attorney general and the legislative 
     auditor to continue to pursue all options necessary to permit 
     the state to have an accurate accounting of assistance for 
     which the state is required to pay a portion of the costs and 
     to urge and request the Louisiana congressional delegation to 
     support such efforts; be it further
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the members of the Louisiana congressional 
     delegation to support the efforts of the attorney general and 
     the legislative auditor to permit the state to have an 
     accurate accounting of money the Federal Emergency Management 
     Agency claims the state owes; be, it further
       Resolved, That copies of this Resolution be transmitted to 
     the attorney general, the legislative auditor, each member of 
     the Louisiana congressional delegation, and the acting 
     director of the Federal Emergency Management Agency.
                                  ____

       POM-350. A concurrent memorial adopted by the Senate of the 
     Legislature of the State of Arizona relative to rejecting 
     attempts to lower the mortgage index deduction in the 
     Internal Revenue Code; to the Committee on Banking, Housing, 
     and Urban Affairs.

                  Senate Concurrent Memorial No. 1003

       Whereas, it has been the federal tax policy since the 
     inception of the Internal Revenue Code to encourage home 
     ownership; and
       Whereas, the real estate industry generates 15 to 18 per 
     cent of the gross domestic product, and the housing market 
     has been the most vibrant sector of our state and national 
     economies in the past five years, fueling much of the 2001-
     2002 economic recovery; and
       Whereas, home ownership in Arizona and the United States is 
     at record levels with more than 70 percent of families owning 
     their own homes; and
       Whereas, homes are the foundations of our culture, the 
     basis for our community life and the bedrock value of the 
     American dream; and
       Whereas, with a low national savings rate and the impending 
     retirement of the baby boom generation, home ownership and 
     its resulting equity growth is in itself a method of savings 
     and capital formation and should be encouraged; and
       Whereas, the capital invested in housing and the equity it 
     generates should be preserved for families and is generally 
     the prime savings choice for lower and middle income 
     Americans; and
       Whereas, real estate and home ownership is almost always 
     acquired with debt of some sort; and
       Whereas, the current $1 mi1lion cap on mortgage 
     indebtedness as a measure of allowable mortgage interest 
     deductions was adopted nearly 20 years ago in 1987 and has 
     not been indexed for inflation; and
       Whereas, the Tax Reform Act of 1986 provided ample evidence 
     that when the tax benefits associated with real estate 
     ownership are curtailed, the value of real estate declines; 
     and
       Whereas, the President's Advisory Panel on Tax Reform has 
     suggested lowering the cap on mortgage interest deductions; 
     and
       Whereas, any change in lowering the mortgage cap would 
     cause a government-created collapse of housing prices, wiping 
     out equity and wealth for millions of working families across 
     this nation; and
       Whereas, any change in lowering the mortgage cap would 
     create a further barrier to home ownership for young families 
     by diminishing the savings families could have in their homes 
     and would lead to a decline in the homeownership rate.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the United States Congress reject any attempt to 
     lower the mortage index deduction in the Internal Revenue 
     Code.
       2. That the United States Congress enact legislation 
     raising the current mortgage cap and index it for inflation.
        3. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-351. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     providing funding for local housing authorities located in 
     Vermilion Parish which were impacted by Hurricane Rita; to 
     the Committee on Banking, Housing, and Urban Affairs.

                  Senate Concurrent Resolution No. 74

       Whereas, the parish of Vermilion was severally impacted by 
     the devastation and destruction inflicted by Hurricane Rita; 
     and
       Whereas, the availability of safe and secure housing 
     remains the greatest need for residents impacted by the 
     hurricane; and
       Whereas, in many areas of Vermilion Parish, nearly 100 
     percent of the available public housing units were either 
     destroyed or rendered unlivable; and
       Whereas, in addition to those areas which were directly 
     impacted by the devastation caused by Hurricane Rita, 
     numerous other communities in Vermilion Parish have been 
     indirectly impacted as Louisiana residents have relocated and 
     are in search of safe, secure, and affordable housing; and
       Whereas, the shortage of such public housing is an 
     immediate need that must be addressed prior to the start of 
     the 2006 hurricane season; and
       Whereas, in order to meet these housing needs, additional 
     federal funds must be appropriated in order to construct and 
     repair

[[Page 14998]]

     public housing units located in Vermilion Parish; and
       Whereas, public housing authorities located in Vermilion 
     Parish are poised to purchase additional property in order to 
     locate and construct essential housing for the citizens of 
     Louisiana; and
       Whereas, the Congress of the United States must immediately 
     address the significant public housing shortage being 
     experienced by the parish of Vermilion: Therefore be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to provide funding for 
     local housing authorities located in Vermilion Parish which 
     were impacted by Hurricane Rita; and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-352. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     reconsidering the decision to exclude Plaquemines Parish from 
     the federal plan to invest $2.5 billion for levee re-
     enhancement in south Louisiana; to the Committee on Banking, 
     Housing, and Urban Affairs.

                  Senate Concurrent Resolution No. 83

       Whereas, as the southernmost land area of Louisiana, 
     Plaquemines Parish creates a corridor surrounding the 
     Mississippi River as it flows to the Gulf of Mexico and the 
     peninsula of saltwater marshes and estuaries forms the rich 
     delta of the river; and
       Whereas, Plaquemines Parish is the operational center for 
     the offshore oil and gas industry, its port and harbor 
     terminal district is sought after as the coal exporting 
     capital of Louisiana, and the area provides a substantial 
     portion of the state's shrimping industry, the nation's 
     largest, and its commercial fishing is second only to Alaska; 
     and
       Whereas, the parish's location and geographical structure 
     are vital to Louisiana and the nation as a buffer for 
     tropical storms and hurricanes as without Plaquemines Parish, 
     Hurricane Katrina would have advanced directly into New 
     Orleans with no protection; and
       Whereas, Hurricane Katrina washed away 57 square miles of 
     the Plaquemines coastline, destroyed barrier islands that 
     once protected the region from storms, and severely damaged 
     levees on both east and west banks of the parish; and
       Whereas, while Katrina-damaged levees will be ``repaired,'' 
     President Bush has announced he will not seek the $1.6 
     billion needed to ``upgrade'' levees in the southern half of 
     Plaquemines Parish and it has been proposed to exclude 
     Plaquemines Parish from the $2.5 billion levee re-enhancement 
     in south Louisiana pending further study on cost 
     effectiveness; and
       Whereas, the Legislature of Louisiana opposes this 
     exclusion and urges the reconsideration of all of Plaquemines 
     Parish as a top priority in the proposed levee upgrades for 
     south Louisiana: therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to reconsider the decision 
     to exclude Plaquemines Parish from the federal plan to invest 
     $2.5 billion for levee re-enhancement in south Louisiana; and 
     be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-353. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to extend 
     Louisiana's seaward boundary in the Gulf of Mexico to twelve 
     geographical miles; to the Committee on Energy and Natural 
     Resources.

                  House Concurrent Resolution No. 205

       Whereas, Louisiana's seaward boundary in the Gulf of Mexico 
     has been judicially determined to be three geographical 
     miles, and the United States has jurisdiction outside of 
     three geographical miles; and
       Whereas, Congress has the power to amend the Submerged 
     Lands Act of 1953 to provide that Louisiana's seaward 
     boundary extends twelve geographical miles into the Gulf of 
     Mexico; and
       Whereas, Louisiana acts as a significant energy corridor 
     vital to the entire United States and provides intersections 
     of oil and natural gas intrastate and interstate pipeline 
     networks, which serve as references for futures markets, such 
     as the Henry Hub for natural gas, the St. James Louisiana 
     Light Sweet Crude Oil, and the Mars Sour Crude Oil contracts; 
     and
       Whereas, Louisiana provides storage for the nation's 
     Strategic Petroleum Reserve and is the home of the nation's 
     major import terminal for foreign oil, known as the Louisiana 
     Offshore Oil Port; and
       Whereas, Louisiana and its coastal wetlands provide access 
     to nearly thirty-four percent of the United States natural 
     gas supply and nearly twenty-nine percent of the United 
     States oil supply; and
       Whereas, the United States' economic growth depends on 
     access to stable supplies of oil and natural gas; and
       Whereas, Louisiana ranks first in crude oil production, 
     including the outer continental shelf production, and ranks 
     second in natural gas production, including the outer 
     continental shelf production; and
       Whereas, in 2001, the state of Louisiana received only one-
     half of one percent of the federal oil and gas revenues from 
     its coast; and
       Whereas, Hurricanes Katrina and Rita have shown that the 
     loss of vital oil and gas infrastructure in Louisiana and the 
     Gulf of Mexico has an immediate and direct impact upon the 
     economy and well-being of the entire country and its 
     citizens; and
       Whereas, the hurricanes shut-in approximately fifty-three 
     percent of the daily oil production in the Gulf of Mexico and 
     shut-in approximately forty-seven percent of the daily gas 
     production in the Gulf of Mexico; and
       Whereas, for the time period of August 26, 2005, through 
     November 3, 2005, the cumulative shut-in of oil production 
     was approximately fourteen percent of the yearly oil 
     production in the Gulf of Mexico, and the cumulative shut-in 
     of gas production was approximately eleven percent of the 
     yearly gas production in the Gulf of Mexico; and
       Whereas, due to Hurricanes Katrina and Rita, Louisiana has 
     suffered loss of life and tremendous devastation to its 
     economy, its citizens, infrastructure, and coastal landscape; 
     and
       Whereas, the state has provided ten million dollars from 
     our Rapid Response Fund for short-term, interest-free loans 
     to struggling businesses and granted the full Interim 
     Emergency Fund in the amount of sixteen million dollars to 
     local governments in order for the governments' vital 
     services to operate; and
       Whereas, Louisiana has paid out approximately three hundred 
     million dollars in unemployment benefits to hurricane-
     affected employees; and
       Whereas, Louisiana has established a Rainy Day Fund that is 
     worth approximately four hundred sixty million dollars, and 
     the state is in the process of using at least one-third of 
     this fund to balance the state budget; and
       Whereas, in this regular session the Louisiana Legislature 
     along with the governor are considering other options for 
     balancing the budget, increasing revenues, and funding the 
     massive cleanup, rebuilding, and restoration of southern 
     Louisiana; and
       Whereas, Hurricanes Katrina and Rita turned approximately 
     one hundred square miles of southeast Louisiana coastal 
     wetlands into open water and destroyed more wetlands east of 
     the Mississippi River in one month than experts estimated 
     would be lost in over forty-five years; and
       Whereas, monies are desperately needed to fund the state's 
     cleanup, rebuilding, and restoration of southern Louisiana; 
     and
       Whereas, the state of Louisiana and its citizens are in a 
     financial crisis; and
       Whereas, in order to rebuild the state of Louisiana and 
     protect its citizens, the state needs a significant, 
     consistent, and ongoing stream of revenue: and
       Whereas, the extension of Louisiana's seaward boundary into 
     the Gulf of Mexico for twelve geographical miles will provide 
     such stream of revenue; therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to extend Louisiana's seaward boundary in 
     the Gulf of Mexico to twelve geographical miles; 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-354. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Kansas 
     relative to urging the federal government to lift the 
     moratorium on offshore drilling for oil and natural gas; to 
     the Committee on Energy and Natural Resources.

          Substitute for House Concurrent Resolution No. 5030

       Whereas, policies of the federal government have placed 
     much of the coastal Outer Continental Shelf off limits to oil 
     and natural gas production; and Whereas, development of oil 
     and natural gas resources, where allowed off our shores, has 
     coexisted for decades with recreational and commercial 
     activities while benefiting the entire nation; and
       Whereas, offshore oil and natural gas operations have a 
     long history of environmentally sensitive and safe 
     performance; and
       Whereas, offshore development of oil and natural gas has 
     provided needed supplies of American energy, generated 
     substantial local, state and federal revenues and created 
     thousands of jobs and economic development; and
       Whereas, America's increased dependence on foreign energy 
     supplies and global competition for oil and natural gas will 
     create a threat to our national security; and

[[Page 14999]]

       Whereas, the nation's farming and ranching sector depend on 
     a reliable and affordable supply of energy to run equipment, 
     fertilize crops and transport products to market; and
       Whereas, the Economic Research Service of the United States 
     Department of Agriculture estimates that farmers' fuel 
     expenses for 2005 will have exceeded their 2004 fuel expenses 
     by 41 percent, and higher energy prices mean increased costs 
     to farmers and ranchers, who already face tremendous economic 
     challenges; and
       Whereas, the fertilizer industry depends on natural gas, 
     and since 2002, 36 percent of the U.S. fertilizer industry 
     has been shut down or mothballed and the industry has been 
     forced to move production to other countries, creating a 
     threat to our food security; and
       Whereas, the Energy Information Administration of the 
     United States Department of Energy projects that the average 
     residential customer this winter will spend approximately 48 
     percent more on natural gas than last winter, creating a 
     serious hardship for those who lived on a fixed or limited 
     income, especially senior citizens; and
       Whereas, today, the Outer Continental Shelf represents one 
     of the brightest spots in terms of potential United States 
     energy resources: now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Kansas, the Senate concurring therein: That the State of 
     Kansas urges the Minerals Management Service of the United 
     States Department of Interior to include all Outer 
     Continental Shelf planning areas in its proposed five-year 
     plan for 2007 through 2012 and approve the broadest possible 
     plan for offshore development; and be it further
       Resolved, That the Secretary of State is directed to send 
     enrolled copies of this resolution to the United States 
     Secretaries of Commerce, Interior and Energy, and to the 
     administrators of the Minerals Management Service, Federal 
     Energy Regulatory Commission, National Oceanic and 
     Atmospheric Administration, and the Environmental Protection 
     Agency, and to the President and Congressional leadership, 
     and to each member of the Kansas congressional delegation.
                                  ____

       POM-355. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     providing funding to the National Park Service to expedite 
     repairs of damage caused by vandalism at Gettysburg National 
     Military Park and urging the National Park Service to work 
     with Federal, State and local law enforcement officials to 
     apprehend and prosecute to the fullest extent available under 
     statute the perpetrators of the vandalism; to the Committee 
     on Energy and Natural Resources.

                        Senate Reslution No. 232

       Whereas, on February 15, 2006, unknown individuals 
     vandalized three Civil War monuments and stole a 120-year-old 
     sword at the Gettysburg National Military Park; and
       Whereas, the individuals desecrated the monument for the 
     4th New York Battery, also known as ``Smith's Battery,'' 
     which was dedicated on July 2, 1888; and
       Whereas, a bronze statue of a Zouave infantryman was pulled 
     from the pedestal of the 114th Pennsylvania Volunteer 
     Infantry Monument, which was dedicated on July 2, 1886; and
       Whereas, the top stone and sculpture of the 11th 
     Massachusetts Volunteer Infantry Monument, dedicated on 
     October 8, 1885, was dislodged and its sword taken; and
       Whereas, the Battle of Gettysburg on July 1 through 3, 
     1863, represents a pivotal point in the history of the United 
     States in which thousands of men lost their lives and the 
     reunification of our nation was ultimately ensured; and
       Whereas, in the cemetery of Gettysburg, President Abraham 
     Lincoln delivered one of the most historic and enduring 
     speeches in American history; and
       Whereas, the Gettysburg National Military Park and its 
     cemetery, monuments and memorials are a treasured and 
     sanctified landmark for the Commonwealth of Pennsylvania and 
     the nation, honoring the men who fought valorously and who 
     made the ultimate sacrifice; and
       Whereas, the acts of vandalism are a malicious and heinous 
     attack on the sanctity of the Gettysburg National Military 
     Park and the memory of the men who fought there; therefore be 
     it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the Congress of the United States to 
     provide funding to the National Park Service to expedite 
     repairs of damage caused by vandalism at Gettysburg National 
     Military Park and urge the National Park Service to work with 
     Federal, State and local law enforcement officials to 
     apprehend and prosecute to the fullest extent available under 
     statute the perpetrators of the vandalism; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-356. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to provide 
     hurricane tidal flood protection to south Louisiana, 
     including requiring the United States Army Corps of Engineers 
     to evaluate both federal and nonfederal tidal levees in south 
     Louisiana, to consider adding nonfederal tidal levees into 
     the federal program, and to fully fund upgrading hurricane 
     tidal flood protection in south Louisiana; to the Committee 
     on Environment and Public Works.

                  House Concurrent Resolution No. 182

       Whereas, as a result of the massive flooding suffered by 
     the citizens in Orleans, Plaquemines, and St. Bernard 
     parishes due to the overtopping of levees and levee breaches 
     during Hurricanes Katrina and Rita, the issue and challenge 
     of providing hurricane tidal flood protection for south 
     Louisiana has gotten the attention of the nation; and
       Whereas, not only were Orleans, Plaquemines, and St. 
     Bernard parishes flooded as a result of the hurricane tidal 
     surge, massive flooding was also prevalent in smaller 
     communities in Terrebonne and Lafourche parishes; and
       Whereas, the United States Army Corps of Engineers is 
     focusing its attention on repairing the federal levees which 
     breached during the 2005 hurricane season; however, there is 
     also a system of nonfederal tidal levees, which offers a 
     level of protection to the citizens of south Louisiana and 
     which needs to be assessed, and in some cases, needs to be 
     strengthened; and
       Whereas, nonfederal tidal levees have long been a concern 
     of the local citizens of smaller communities of this state 
     since local and state funds to repair and strengthen such 
     levees have fallen well short of the need; and
       Whereas, nonfederal tidal levees are a valuable asset for 
     citizens in south Louisiana because in many cases this system 
     of levees is the only hurricane tidal flood protection these 
     citizens enjoy; and
       Whereas, since the state suffered such massive flooding as 
     a result of the 2005 hurricane season, the need for a 
     greater, more comprehensive hurricane tidal flood protection 
     system for south Louisiana has never been more urgent; and
       Whereas, the United States Army Corps of Engineers should 
     evaluate both federal and nonfederal tidal levees in south 
     Louisiana and should consider including nonfederal tidal 
     levees in the federal program in order to provide 
     comprehensive hurricane tidal flood protection for all of 
     south Louisiana; and
       Whereas, in order to avoid the costs of rebuilding entire 
     communities, the federal government should consider fully 
     funding the costs of repairing and upgrading the level of 
     hurricane tidal flood protection for south Louisiana: 
     therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to provide hurricane tidal flood protection 
     to south Louisiana, including requiring the United States 
     Army Corps of Engineers to evaluate both federal and 
     nonfederal tidal levees in south Louisiana, to consider 
     adding nonfederal tidal levees into the federal program, and 
     to fully fund upgrading hurricane tidal flood protection in 
     south Louisiana; 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-357. A resolution adopted by the Senate of the 
     Legislature of the State of New Jersey relative to requesting 
     that Rutgers, the State University, assist the Governor's 
     ``Flood Mitigation Task Force'' in examining and determining 
     the causes and solutions to help reduce flooding along the 
     Delaware River, especially in Trenton; to the Committee on 
     Environment and Public Works.

                        Senate Resolution No. 29

       Whereas, from Friday April 1, 2005 through Sunday Apri1 5, 
     2005, a major storm deposited four inches of rain on New 
     Jersey, causing heavy main stream and river flooding, and 
     prompting the Governor to declare a state of emergency; and
       Whereas, an estimated 3,500 homes were affected by the 
     flooding, with at least 5,600 people evacuated; and
       Whereas, the April 2005 flood marks the third major flood 
     in less than a year for New Jersey communities, emphasizing a 
     strong need to establish safeguards for the areas most 
     affected by the flooding; and
       Whereas, the Governor has announced the creation of the 
     ``Flood Mitigation Task Force'' to study and implement 
     measures to reduce the impacts of flooding in New Jersey 
     communities; and
       Whereas, the members of the task force include the 
     Commissioner of the Department of Environmental Protection, 
     the Chair of the Department of Geography of Rutgers 
     University, public and elected officials, and academic 
     experts; and
       Whereas, the task force will consult with the State 
     climatologist, the Office of Emergency Management and the 
     United States Geological Survey on ways to manage flooding; 
     and

[[Page 15000]]

       Whereas, it is in the best interest of the State to request 
     the additional assistance of Rutgers, the State University, 
     in determining the fundamental causes of the recent flooding 
     in Trenton, New Jersey, as well as solutions to reduce 
     flooding along the Delaware River in the future: Now, 
     therefore, be it
       Resolved by the Senate of the State of New Jersey:
       1. This Senate resolution requests that Rutgers, the State 
     University, assist the Governor's ``Flood Mitigation Task 
     Force'' in determining the fundamental causes of the recent 
     flooding in Trenton, New Jersey, as well as solutions to 
     reduce flooding along the Delaware River in the future.
       2. Duly authenticated copies of this resolution, signed by 
     the President of the Senate and attested by the Secretary 
     thereof, shall be transmitted to the Vice President of the 
     United States, the Speaker of the United States House of 
     Representatives, the majority and minority leaders of the 
     United States Senate and the United States House of 
     Representatives, and each member of Congress elected from 
     this State.
                                  ____

       POM-358. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     immediately authorizing the Morganza to the Gulf Hurricane 
     Protection Project, and urging and requesting the U.S. Army 
     Corps of Engineers to include such recommendation in its 
     pending interim report to Congress; to the Committee on 
     Environment and Public Works.

                  Senate Concurrent Resolution No. 72

       Whereas, an interim report being prepared by the U.S. Army 
     Corps of Engineers as part of the Category 5 Hurricane 
     Protection Study will shortly be submitted to Congress; and
       Whereas, one purpose of the interim report is to allow 
     Congress to act immediately on recommendations contained in 
     the report; and
       Whereas, Terrebonne Parish was severely impacted by 
     Hurricane Rita, with flooding affecting approximately ten 
     thousand businesses and homes; and
       Whereas, with the exception of assistance in the two weeks 
     immediately following the hurricane, Terrebonne Parish has 
     received no further assistance from the federal government to 
     repair flood control infrastructure; and
       Whereas, funding for such flood control infrastructure has 
     been excluded from significant federal appropriations for 
     Louisiana and from the proposed federal budget for the coming 
     fiscal year; and
       Whereas, the Morganza to the Gulf Hurricane Protection 
     Project has been ready for authorization for Congress since 
     2002, and was presented to Congress in that year after ten 
     years of study, analysis, and evaluation; and
       Whereas, such study and analysis shows that immediate 
     implementation of the Morganza to the Gulf Hurricane 
     Protection Project is the best way to obtain Category 5 
     hurricane protection for affected parts of Terrebonne and 
     Lafourche parishes; and
       Whereas, without implementation of such project, these 
     areas lack protection from almost any significant storm 
     levels and face potential disaster if implementation is 
     further delayed: therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to immediately authorize 
     implementation of the Morganza to the Gulf Hurricane 
     Protection Project, be it further
       Resolved, That the interim report being prepared by the 
     U.S. Army Corps of Engineers for Congress as part of the 
     Category 5 Hurricane Protection Study should include a 
     recommendation for immediate authorization of the Morganza to 
     the Gulf Hurricane Protection Project, be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted, to the commander of the U.S. Army Corps of 
     Engineers, the executive office of the New Orleans District 
     of the U.S. Army Corps of Engineers, the secretary of the 
     United States Senate and the clerk of the United States House 
     of Representatives, and to each member of the Louisiana 
     delegation to the United States Congress.
                                  ____

       POM-359. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to provide 
     hurricane tidal flood protection to south Louisiana, 
     including requiring the United States Army Corps of Engineers 
     to evaluate both federal and nonfederal tidal levees in south 
     Louisiana, to consider adding nonfederal tidal levees into 
     the federal program, and to fully fund upgrading hurricane 
     tidal flood protection in south Louisiana; to the Committee 
     on Environment and Public Works.

                  House Concurrent Resolution No. 182

       Whereas, as a result of the massive flooding suffered by 
     the citizens in Orleans, Plaquemines, and St. Bernard 
     parishes due to the overtopping of levees and levee breaches 
     during Hurricanes Katrina and Rita, the issue and challenge 
     of providing hurricane tidal flood protection for south 
     Louisiana has gotten the attention of the nation; and
       Whereas, not only were Orleans, Plaquemines, and St. 
     Bernard parishes flooded as a result of the hurricane tidal 
     surge, massive flooding was also prevalent in smaller 
     communities in Terrebonne and Lafourche parishes; and
       Whereas, the United States Army Corps of Engineers is 
     focusing its attention on repairing the federal levees which 
     breached during the 2005 hurricane season; however, there is 
     also a system of nonfederal tidal levees, which offers a 
     level of protection to the citizens of south Louisiana and 
     which needs to be assessed, and in some cases, needs to be 
     strengthened; and
       Whereas, nonfederal tidal levees have long been a concern 
     of the local citizens of smaller communities of this state 
     since local and state funds to repair and strengthen such 
     levees have fallen well short of the need; and
       Whereas, nonfederal tidal levees are a valuable asset for 
     citizens in south Louisiana because in many cases this system 
     of levees is the only hurricane tidal flood protection these 
     citizens enjoy; and
       Whereas, since the state suffered such massive flooding as 
     a result of the 2005 hurricane season, the need for a 
     greater, more comprehensive hurricane tidal flood protection 
     system for south Louisiana has never been more urgent; and
       Whereas, the United States Army Corps of Engineers should 
     evaluate both federal and nonfederal tidal levees in south 
     Louisiana and should consider including nonfederal tidal 
     levees in the federal program in order to provide 
     comprehensive hurricane tidal flood protection for all of 
     south Louisiana; and
       Whereas, in order to avoid the costs of rebuilding entire 
     communities, the federal government should consider fully 
     funding the costs of repairing and upgrading the level of 
     hurricane tidal flood protection for south Louisiana: 
     therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to provide hurricane tidal flood protection 
     to south Louisiana, including requiring the United States 
     Army Corps of Engineers to evaluate both federal and 
     nonfederal tidal levees in south Louisiana, to consider 
     adding nonfederal tidal levees into the federal program, and 
     to fully fund upgrading hurricane tidal flood protection in 
     south Louisiana; 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-360. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to ensure 
     that the Centers for Medicare and Medicaid Services do not 
     penalize senior citizens who resided in areas affected by 
     Hurricane Katrina for taking advantage of the special 
     enrollment period set for enrollment in Medicare Part D; to 
     the Committee on Finance.

                  House Concurrent Resolution No. 203

       Whereas, prescription drug costs have risen at a rapid rate 
     over the past decade; and
       Whereas, the rising costs of prescription drugs have proven 
     unsustainable for millions of America's senior citizens; and
       Whereas, in order to curb the ever-increasing burden of 
     prescription drug costs on senior citizens, congress adopted 
     a prescription drug benefit program as part of Medicare; and
       Whereas, on December 8, 2003, President Bush signed the 
     Medicare Prescription Drug, Improvement and Modernization 
     Act, and this legislation provides senior citizens of the 
     United States with a Medicare prescription drug benefit; and
       Whereas, the drug benefit, otherwise known as Medicare Part 
     D, is estimated by the Bush administration to currently have 
     thirty-seven million enrollees; and
       Whereas, Hurricane Katrina put an additional financial 
     burden on many of Louisiana's seniors, as well as 
     exacerbating many of the already severe health concerns of 
     the state's citizens; and
       Whereas, additional time to review and choose the proper 
     prescription drug benefit is necessary, as many seniors have 
     been occupied by the travails of rebuilding after the 
     devastation wrought by Hurricane Katrina; and
       Whereas, on March 8, 2006, Randy Brauer, the acting 
     director of the division of enrollment and eligibility policy 
     of the CMS issued a letter stating that evacuees of Hurricane 
     Katrina will be granted a special enrollment period in which 
     to enroll in Medicare Part D; and
       Whereas, the normal deadline for enrollment is May 
     fifteenth, and the extended deadline is over seven months 
     later on December thirty-first; and
       Whereas, state and local agencies as well as civic and 
     community groups have informed senior citizens of the 
     extended enrollment period; and
       Whereas, though a special enrollment period has been 
     created, CMS is considering penalizing seniors who decide to 
     take advantage of the extended enrollment period; and
       Whereas, many of the elderly have experienced financial 
     hardship as a result of the

[[Page 15001]]

     hurricane that makes an increase in the cost of the drug 
     benefit even more pernicious: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to ensure that the Centers for Medicare and 
     Medicaid Services not penalize senior citizens who resided in 
     areas affected by Hurricane Katrina for utilizing the special 
     enrollment period established for enrollment in Medicare Part 
     D; 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-361. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to enacting the Nursing Home Fire Safety Act; to the 
     Committee on Finance.

                        House Resolution No. 247

       Whereas, the safety of the elderly and disabled, our most 
     vulnerable citizens, deserves the highest priority and 
     attention. It is estimated that 20 to 30 percent of the 
     nation's 17,000 nursing homes lack sprinkler systems. Such 
     blatant oversights place the residents of these facilities at 
     great risk in the event of a fire; and
       Whereas, in 2005, legislation was introduced in Congress to 
     enact the Nursing Home Fire Safety Act. It is the intent of 
     Congress, through this legislation, to equip every nursing 
     home in the country with a fire sprinkler system over the 
     next five years, adopt the Life Safety Code, and provide 
     direct loans and sprinkler retrofit assistance grants to 
     assist with installation costs; and
       Whereas, the bill requires the Center for Medicare and 
     Medicaid Services (CMS), the agency authorized to implement 
     nursing home regulations, to adopt the National Fire 
     Protection Association's (NFPA) new requirement that all 
     existing nursing homes be equipped with automatic fire 
     sprinklers. It also provides the resources that existing 
     nursing homes will need to retrofit their facilities while 
     continuing to care for residents; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact the 
     Nursing Home Fire Safety Act; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-362. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to extending the Medicare Part D 
     prescription drug deadline to December 31, 2006; to the 
     Committee on Finance.

                        House Resolution No. 727

       Whereas, Many older and disabled citizens in the United 
     States and the Commonwealth of Pennsylvania depend on the 
     Federal Government for assistance with the purchase of 
     necessary prescription drugs; and
       Whereas, The Federal Medicare Part D prescription drug 
     benefit can help all eligible Americans and Pennsylvanians 
     with the rising out-of-pocket drug costs, especially those 
     persons with limited incomes; and
       Whereas, Given enough time to eliminate the confusion 
     created by the changes in this prescription drug program, 
     most eligible citizens will sign up or obtain alternative 
     insurance coverage; and
       Whereas, Beneficiary and caregiver education and counseling 
     is critical to promote informed decision making and smooth 
     transition as this new drug benefit is implemented; and
       Whereas, The current proposed May 15, 2006, deadline for 
     enrollment in the program or alternative insurance is too 
     soon to include everyone it should because of the confusion 
     and lack of education and counseling for seniors and 
     caregivers: Therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the Congress of the United 
     States to extend the Medicare Part D prescription drug 
     deadline to December 31, 2006; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-363. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to repealing the excise tax on telecommunications; 
     to the Committee on Finance.

                   House Concurrent Memorial No. 2007

       Whereas, the first federal excise tax on communications was 
     enacted in 1898 for the purpose of funding the Spanish-
     American War; and
       Whereas, the tax was introduced as a ``temporary'' luxury 
     tax; and
       Whereas, the federal excise tax on communications was 
     repealed in 1902 and was not reenacted until World War I 
     required additional revenues; and
       Whereas, the World War I federal excise tax on 
     communications was repealed in 1924 and was reenacted in 
     1932; and
       Whereas, all of the initial federal excise taxes on 
     telecommunications applied only to toll, long distance 
     service; and
       Whereas, in 1941, with the advent of World War II, the 
     federal excise tax on communications was extended to general 
     service; and
       Whereas, a federal excise tax on telephone service has been 
     in effect in every year since 1941, despite enactment of 
     periodic legislation to repeal or phaseout the tax; and
       Whereas, telephone service is no longer a luxury. but 
     rather a necessity for consumers of all income levels; and
       Whereas, the federal excise tax is regressive, as low-
     income Americans pay a higher percentage of their income for 
     telephone services than high-income Americans; and
       Whereas, telecommunications services are the infrastructure 
     on which new technologies including the Internet depend, and 
     therefore the telecommunications excise tax discourages 
     expansion of both the telephone infrastructure and new 
     technologies; and
       Whereas, the federal excise tax on telecommunications flows 
     into the general fund, rather than being earmarked for a 
     specific purpose; and
       Whereas. in 2000. both houses of Congress passed a repeal 
     of the federal excise tax on telecommunications, which was 
     vetoed by President William Jefferson Clinton.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring. prays:
       1. That the Congress of he United States repeal the federal 
     excise tax on telecommunications.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-364. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Utah 
     relative to supporting permanent repeal of the Federal 
     Inheritance Tax; to the Committee on Finance.

                         House Resolution No. 3

       Whereas, under tax relief legislation passed in 2001, the 
     Federal Inheritance Tax, or death tax, was temporarily phased 
     out but not permanently eliminated;
       Whereas, farmers and other small business owners will face 
     losing their farms and businesses if the federal government 
     resumes the heavy taxation of citizens at death;
       Whereas, this is a tax that is particularly damaging to 
     families who are working their way up the ladder and trying 
     to accumulate wealth for the first time;
       Whereas, employees suffer layoffs when small and medium 
     businesses are liquidated to pay death taxes;
       Whereas, if the death tax had been repealed in 1996, the 
     United States economy would have realized billions of dollars 
     each year in extra output and an average of 145,000 
     additional new jobs would have been created; and
       Whereas, having repeatedly passed in the United States 
     House of Representatives and the United States Senate, repeal 
     of the death tax holds wide bipartisan support: Now, 
     therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah requests our elected representatives and senators in the 
     United States Congress support, work to pass, and vote for 
     the immediate and permanent repeal of the death tax; and be 
     it further
       Resolved, That copies of this resolution be sent to the 
     members of Utah's congressional delegation.
                                  ____

       POM-365. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     appropriating sufficient funding for the recovery of the 
     shrimp industry and voting against the repeal of the ``Byrd 
     Amendment''; to the Committee on Finance.

                       Senate Resolution No. 117

       Whereas, Louisiana has the nation's only warm water shrimp 
     cannery; and
       Whereas, before hurricanes Katrina and Rita, Louisiana 
     generated an estimated one hundred twenty million pounds of 
     shrimp and sold approximately nine thousand commercial shrimp 
     gear licenses; and
       Whereas, Louisiana shrimpers are the largest community of 
     shrimpers in the Atlantic and Gulf of Mexico regions; and
       Whereas, due to hurricanes Katrina and Rita, the shrimp 
     industry suffered devastating economic and infrastructure 
     losses; and
       Whereas, due to the hurricanes, assessments estimate that 
     for the shrimp industry the total potential production lost 
     at retail level is approximately nine hundred and nineteen 
     million dollars; and
       Whereas, the influx of foreign shrimp sold at below market 
     prices causes domestic prices to drop to levels at which 
     domestic producers are unable to survive in the industry; and
       Whereas, the United States House Committee on Ways and 
     Means recommended to repeal the provision of the Continued 
     Dumping and Subsidy Offset Act, commonly known as the ``Byrd 
     Amendment''; and

[[Page 15002]]

       Whereas, the ``Byrd Amendment'' required duties to be 
     collected under antidumping and countervailing duty orders 
     and required payment to eligible domestic producers who 
     initiated the petition which resulted in the imposition of 
     the duties; and
       Whereas, Louisiana was one of the original states that 
     initiated a petition against foreign shrimp producers; and
       Whereas, taking into consideration the potential repeal of 
     the ``Byrd Amendment'' and the effects of hurricanes Katrina 
     and Rita, the shrimp industry and the state of Louisiana 
     stands to suffer severe financial losses: Therefore, be it
       Resolved, That the Senate of Louisiana memorializes the 
     Congress of the United States to appropriate sufficient 
     funding for the recovery of the shrimp industry. Be it 
     further
       Resolved, That the Senate of Louisiana memorializes the 
     Congress of the United States to vote against the repeal of 
     the ``Byrd Amendment.'' Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-366. A joint resolution adopted by the Legislature of 
     the State of Utah relative to the tax deductibility of 
     medical expenses by individuals; to the Committee on Finance.

                      House Joint Resolution No. 2

       Whereas, access to quality health care is a basic need of 
     individuals and families within the State;
       Whereas, employer sponsored health insurance is the most 
     common means of insuring nonelderly Americans;
       Whereas, the growth in the cost of health care has made it 
     increasingly difficult for employers, especially small 
     employers, to provide affordable health care coverage to 
     their employees;
       Whereas, there is consequently a need to foster insurance 
     coverage other than employer sponsored health insurance;
       Whereas, current Federal law provides a tax benefit for 
     health insurance provided as an employee fringe benefit, but 
     generally offers no similar tax benefit for health insurance 
     purchased by individuals;
       Whereas, current Federal law provides a tax benefit on 
     third-party payment of medical expenses, but generally offers 
     no similar tax benefit for most individuals' direct payment 
     of medical expenses;
       Whereas, this tax structure has negative implications such 
     as: curtailing competition for health insurance and health 
     care services generally resulting in higher costs; increasing 
     large group health care delivery systems resulting in 
     decisions being made by large health care bureaucracies and 
     the eroding of the doctor-patient relationship; restricting 
     individuals' freedom to exercise direct control over their 
     health care costs; and discriminating against individuals who 
     work for employers that do not provide health benefits, who 
     are unemployed, or who are disabled;
       Whereas, access to health care, choice in health care 
     decisions, and affordability of health care may improve if 
     Congress places the medical choices made by individuals on 
     equal footing with those made by employers and third parties; 
     and
       Whereas, Congress is considering adoption of the Health 
     Care Freedom of Choice Act through the passage of H.R. 4625, 
     109th Cong. (2005) which would provide for the tax 
     deductibility of expenses for medical care of the taxpayer, 
     the taxpayer's spouse, or a dependent of the taxpayer, which 
     the taxpayer pays but for which the taxpayer is not 
     compensated: Now, therefore, be it
       Resolved, That the Legislature of the State of Utah urges 
     Congress to pass H.R. 4625, 109th Congress, First Session, 
     which provides tax benefits to individual health care 
     choices; 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, and the members 
     of Utah's congressional delegation.
                                  ____

       POM-367. A joint resolution adopted by the Legislature of 
     the State of Utah relative to expressing opposition to a 
     recent decision of the United States Supreme Court regarding 
     pornography and urging Congress to pass a constitutional 
     amendment to protect children from accessing pornography; to 
     the Committee on the Judiciary.

                      House Joint Resolution No. 7

       Whereas, in Ashcroft v. American Civil Liberties Union, 124 
     S. Ct. 2783, 159 L. Ed. 2d 690, plaintiffs challenged the 
     content-based speech restrictions of the Child Online 
     Protection Act (COPA), which was designed to protect minors 
     from exposure to pornography on the World Wide Web;
       Whereas, in that case, the United States Supreme Court 
     invoked a requirement that, in order to prevail in a court 
     challenge, the federal government must demonstrate that less 
     restrictive methods of protecting minors from pornography are 
     not as effective as current law;
       Whereas, in that case, the United States Supreme Court held 
     that the federal government failed to meet the burden of 
     proving that proposed alternatives such as filtering 
     software, a plausible less restrictive alternative to COPA, 
     would be less effective in protecting minors from exposure to 
     pornography on the Internet;
       Whereas, child pornography has become a $3 billion annual 
     industry;
       Whereas, the United States Customs Service estimates that 
     there are more than 100,000 websites offering child 
     pornography, which is illegal worldwide;
       Whereas, these unlawful sexual images can be purchased very 
     easily at these websites;
       Whereas, more than 20,000 images of child pornography are 
     posted on the Internet every week;
       Whereas, one in five children who use computer chat rooms 
     has been approached over the Internet by pedophiles;
       Whereas, in 2002, the United States Supreme Court stated in 
     another case that virtual pornographic images of children are 
     a victimless crime;
       Whereas, in many instances it is impossible for a viewer to 
     determine whether an image is a virtual or an actual 
     photographic image;
       Whereas, the determination of whether the material is 
     ``harmful to minors'' was intended by the United States 
     Supreme Court to be made by lawfully appointed juries made up 
     of, in the Court's own words, ``average person[s], applying 
     contemporary community standards, would find, taking the 
     material as a whole and with respect to minors, is designed 
     to appeal to, or is designed to pander to, the prurient 
     interest'' and ``taken as a whole, lack serious literary, 
     artistic, political, or scientific value for minors'';
       Whereas, the United States Congress should take deliberate 
     action to protect minors through the passage of a 
     constitutional amendment protecting minors from exposure to 
     pornography; and
       Whereas, governments and the courts must respond decisively 
     when minors are exposed to material that is harmful to them, 
     in the name of preserving the free speech right of adults: 
     Therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses opposition to the United States Supreme Court's 
     decision in Ashcroft v. American Civil Liberties Union, 124 
     S. Ct. 2783, 159 L. Ed. 2d 690, and other recent cases that 
     claim to preserve the free speech rights of adults while 
     exposing minors to material the United States Supreme Court 
     has stated is ``harmful to minors;'' and be it further
       Resolved, That the Legislature of the state of Utah, in 
     order to help protect children, strongly urges the United 
     States Congress to pass a constitutional amendment, if 
     necessary, prohibiting child pornography, actual or 
     simulated; and be it further
       Resolved, That the Legislature strongly urges Congress to 
     pass a constitutional amendment, if necessary, to criminalize 
     the possession or viewing of child pornography, actual or 
     simulated, by any individual; 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 United States 
     Supreme Court, and to the members of Utah's congressional 
     delegation.
                                  ____

       POM-368. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to support 
     and establish a free trade agreement between the United 
     States and Taiwan; to the Committee on Finance.

                  House Concurrent Resolution No. 212

       Whereas, Taiwan has developed steadily into a major 
     internationa1 trading power with over three hundred forty 
     billion dollars in two-way trade and the world's seventeenth 
     largest economy; and
       Whereas, Taiwan is the United States' eighth largest 
     trading partner, with trade flowing between these nations 
     totaling over fifty-six billion dollars in 2005 alone; and
       Whereas, Taiwan is the sixth largest market for United 
     States agricultural products, including beef, wheat, corn, 
     and soybeans, and with the strong purchasing power of its 
     twenty-three million people, there are many opportunities to 
     further expand bilateral trade between Taiwan and the United 
     States; and
       Whereas, Taiwan is the world's largest supplier of computer 
     monitors and is a leading personal computer manufacturer; and
       Whereas, some of the biggest industries in Taiwan are 
     electronics and computer products, chemicals and 
     petrochemicals, basic metals, machinery, textiles, transport 
     equipment, plastics, and machinery; and
       Whereas, a United States-Taiwan free trade agreement would 
     lead to further investment by firms in both Taiwan and the 
     United States and would create new business opportunities and 
     new jobs; and
       Whereas, a United States-Taiwan free trade agreement would 
     encourage greater innovations and manufacturing efficiencies 
     by stimulating joint technological development; and
       Whereas, the United States International Trade Commission 
     (USITC) and the Institute for International Economics (IIE) 
     estimate that a United States-Taiwan free trade agreement 
     would increase United States exports to Taiwan by about six 
     billion dollars: Therefore be it

[[Page 15003]]

       Resolved, that the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to support and establish a free trade 
     agreement between the United States and Taiwan; and be it 
     further
       Resolved, 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-369. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to permitting emergency workers and equipment to 
     cross the international border with Mexico to address 
     emergencies that threaten both sides of the border; to the 
     Committee on Foreign Relations.

                          Concurrent Memorial

       Whereas, Arizona and Mexico share a border that stretches 
     for more than three hundred fifty miles; and
       Whereas, the threats from environmental spills, leaks, 
     explosions and similar disasters involving toxic substances 
     in border communities are not constrained by political 
     boundaries and can threaten people and communities on both 
     sides; and
       Whereas, the threats from fires, floods and similar natural 
     disasters are not constrained by political boundaries and can 
     threaten people and communities on both sides; and
       Whereas, as a result of a joint legislative protocol 
     session with the members of the Arizona Legislature, on 
     December 1, 2005, the Legislature of Sonora, Mexico adopted a 
     resolution calling on the federal government in Mexico to 
     permit emergency workers and vehicles to cross the 
     international border to fight such environmental and natural 
     disasters as long as they return to their country of origin 
     when the emergency subsides.
       Whereas, authorizing emergency workers and equipment to 
     cross the international border requires action by the 
     President and Congress of the United States of America.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       (1) That the President and Congress of the United States of 
     America recognize the importance of authorizing emergency 
     workers and equipment from the United States of America and 
     Mexico to cross their respective international borders 
     whenever an environmental or natural disaster threatens 
     communities on both sides;
       (2) That the President and Congress of the United States of 
     America take the action necessary to authorize emergency 
     workers and equipment from the United States of America and 
     Mexico to cross their respective international borders 
     whenever an environmental or natural disaster threatens 
     communities on both sides as long as they return to their 
     country of origin when the emergency subsides; and
       (3) That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States of America, the President of the United States 
     Senate, the Speaker of the United States House of 
     Representatives and each Member of Congress from the State of 
     Arizona.
                                  ____

       POM-370. A resolution adopted by the Senate of the 
     Legislature of the State of Utah relative to urging the Bush 
     Administration to support Taiwan's participation in the World 
     Health Organization; to the Committee on Foreign Relations.

                        Senate Resolution No. 3

       Whereas, the World Health Organization's (WHO) Constitution 
     states that ``The objective of the World Health Organization 
     shall be the attainment by all peoples of the highest 
     possible level of health'';
       Whereas, this position demonstrates that the WHO is 
     obligated to reach all peoples throughout the world, 
     regardless of state or national boundaries;
       Whereas, the WHO Constitution permits a wide variety of 
     entities, including nonmember states, international 
     organizations, national organizations, and nongovernmental 
     organizations, to participate in the activities of the WHO;
       Whereas, five entities, for example, have acquired the 
     status of observer of the World Health Assembly (WHA) and are 
     routinely invited to its assemblies;
       Whereas, both the WHO Constitution and the International 
     Covenant of Economic, Social, and Cultural Rights (ICESCR) 
     declare that health is an essential element of human rights 
     and that no signatory shall impede on the health rights of 
     others;
       Whereas, Taiwan seeks to be invited to participate in the 
     work of the WHA simply as an observer, instead of as a full 
     member, in order to allow the work of the WHO to proceed 
     without creating political frictions and to demonstrate 
     Taiwan's willingness to put aside political controversies for 
     the common good of global health;
       Whereas, this request is fundamentally based on 
     professional health grounds and has nothing to do with the 
     political issues of sovereignty and statehood;
       Whereas, Taiwan currently participates as a full member in 
     organizations like the World Trade Organization (WTO); Asia-
     Pacific Economic Cooperation (APEC), and several other 
     international organizations that count the People's Republic 
     of China among their membership;
       Whereas, Taiwan has become an asset to all these 
     institutions because of a flexible interpretation of the 
     terms of membership;
       Whereas, closing the gap between the WHO and Taiwan is an 
     urgent global health imperative;
       Whereas, the health administration of Taiwan is the only 
     competent body possessing and managing all the information on 
     any outbreak in Taiwan of epidemics that could potentially 
     threaten global health;
       Whereas, excluding Taiwan from the WHO's Global Outbreak 
     Alert and Response Network (GOARN), for example, is dangerous 
     and self defeating from a professional perspective;
       Whereas, good health is a basic right for every citizen of 
     the world and access to the highest standard of health 
     information and services is necessary to help guarantee this 
     right;
       Whereas, direct and unobstructed participation in 
     international health cooperation forums and programs is 
     therefore crucial, especially with today's greater potential 
     for the cross-border spread of various infectious diseases 
     through increased trade and travel;
       Whereas, the WHO sets forth in the first chapter of its 
     charter the objectives of attaining the highest possible 
     level of health for all people;
       Whereas, Taiwan's population of 23 million people is larger 
     than that of three quarters of the member states already in 
     the WHO and shares the noble goals of the organization;
       Whereas, Taiwan's achievements in the field of health are 
     substantial, including one of the highest life expectancy 
     levels in Asia, maternal and infant mortality rates 
     comparable to those in western countries, the eradication of 
     such infectious diseases as cholera, smallpox, and the 
     plague, and the first country in the world to provide 
     children with free hepatitis B vaccinations;
       Whereas, Taiwan is not allowed to participate in any WHO-
     organized forums and workshops concerning the latest 
     technologies in the diagnosis, monitoring, and control of 
     diseases;
       Whereas, in recent years, both the Taiwanese Government and 
     individual Taiwanese experts have expressed a willingness to 
     assist financially or technically in WHO-supported 
     international aid and health activities but have ultimately 
     been unable to render assistance;
       Whereas, the WHO does allow observers to participate in the 
     activities of the organization; and
       Whereas, in light of all the benefits that participation 
     could bring to the state of health of people not only in 
     Taiwan, but also regionally and globally, it seems 
     appropriate, if not imperative, for Taiwan to be involved 
     with the WHO: Therefore, be it
       Resolved, That the Senate of the state of Utah urges the 
     Bush Administration to support Taiwan and its 23 million 
     people in obtaining appropriate and meaningful participation 
     in the World Health Organization (WHO); and be it further
       Resolved, That the Senate urges that United States' policy 
     should include the pursuit of some initiative in the WHO 
     which would give Taiwan meaningful participation in a manner 
     that is consistent with the organization's requirements; and 
     be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the United States Secretary 
     of State, the Secretary of Health and Human Services, the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, the members of 
     Utah's congressional delegation, the Government of Taiwan, 
     and the World Health Organization.
                                  ____

       POM-371. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to urging the President and Congress 
     of the United States to take immediate action in assisting 
     with the peacekeeping mission and efforts to resolve the 
     conflict in the Darfur region of Sudan; to the Committee on 
     Foreign Relations.

                        House Resolution No. 741

       Whereas, the people of Darfur have suffered for decades 
     from the devastating effects of drought; and
       Whereas, in 2003 a crisis associated with drought 
     conditions and limited food production was further compounded 
     by a campaign of violence in the region; and
       Whereas, since 2003 an estimated 300,000 people have died 
     as a result of the genocide in Darfur and approximately 3.5 
     million men, women and children in the region continue to 
     face violence and starvation; and
       Whereas, a separate Sudanese conflict lasting more than two 
     decades ended in 2005, raising hope in the country, but 
     conditions have worsened; and
       Whereas, recently the scope and degree of violence has 
     escalated, leading to the arrival of tens of thousands of 
     people at refugee camps in Sudan and Chad; and
       Whereas, civilians are unable to grow food and sustain life 
     as roving government-sponsored militias systematically beat, 
     rape and kill the people of Darfur; and
       Whereas, the United Nations refugee agency, the United 
     Nations High Commissioner

[[Page 15004]]

     for Refugees, recently announced it will be cutting refugee 
     assistance funds to Darfur by 44%, which adds to the urgency 
     of the situation; and
       Whereas, on February 17, 2006, President Bush stated that 
     he would push for additional United Nations and North 
     Atlantic Treaty Organization (NATO) assistance to protect the 
     people of Darfur; and
       Whereas, on March 24, 2006, the United Nations Security 
     Council adopted a resolution to further support assistance 
     efforts in Darfur; and
       Whereas, intervention by the United States and the United 
     Nations may take time to implement; and
       Whereas, if the security situation continues to deteriorate 
     and the humanitarian life-support system fully collapses, the 
     casualty rate could rise as high as 100,000 per month: 
     Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President of the United 
     States to push for:
       (1) immediate assistance to the African Union peacekeeping 
     mission to improve their civilian protection capacity until 
     the United Nations can fully deploy a capable peacekeeping 
     force;
       (2) a United Nations peacekeeping force to take over the 
     African Union peacekeeping mission in Darfur; and
       (3) greater United States involvement in the Darfur peace 
     process and urge the President to use the power of his office 
     to encourage other world leaders to do so as well; and be it 
     further
       Resolved, That the House of Representatives urge members of 
     Congress to:
       (1) support short-term supplemental funding for 
     peacekeeping and humanitarian aid in Sudan, a minimum of 
     which should include the $514 million requested by the 
     President in the Fiscal Year 2006 supplemental appropriations 
     bill;
       (2) support long-term Fiscal Year 2007 funding for 
     humanitarian aid, NATO and United Nations peacekeeping and 
     reconstruction assistance; and
       (3) pass the strongest possible version of the Darfur Peace 
     and Accountability Act, which includes placing additional 
     penalties on the Government of the Sudan and on those 
     persons, complicit in the genocide: and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President, to the presiding officers of each house of 
     Congress and to each member of Congress from Pennsylvania.
                                  ____

       POM-372. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to recognizing the 
     contributions of Fred C. Adams to the State of Utah; to the 
     Committee on Health, Education, Labor, and Pensions.

                   House Concurrent Resolution No. 6

       Whereas, the Utah Shakespearean Festival is considered by 
     many to be one of the most prestigious repertory theaters and 
     Shakespearean festivals in the United States;
       Whereas, over the last 44 years, the Utah Shakespearean 
     Festival, which is currently in its 45th season, has hosted 
     4,148,008 people who have attended 144 productions of 
     Shakespeare's plays;
       Whereas, as of the year 2000, the Utah Shakespearean 
     Festival had produced Shakespeare's entire canon of plays;
       Whereas, the Utah Shakespearean Festival has employed 170 
     musicians, 376 electricians, 218 directors, 447 designers, 
     314 props artists, 957 carpenters, 877 Greenshow performers, 
     260 make-up artists, 2,007 actors, 291 stage managers, and 
     1,272 costumers;
       Whereas, Fred C. Adams is the Festival Founder and 
     Executive Producer Emeritus;
       Whereas, under Mr. Adams's guidance, the Festival has grown 
     from a budget of $1,000 and 3,276 paid admissions in 1962, to 
     a 2006 annual budget of $6 million and an anticipated 
     attendance of 150,000 paid admissions;
       Whereas, beginning his long association as a teacher at 
     Southern Utah University in 1959, he retired from his 
     university teaching and directing responsibilities in 2000, 
     to devote his energies full-time to the day-to-day artistic 
     operations of the Festival;
       Whereas, Mr. Adams received his B.A. and M.A. degrees from 
     Brigham Young University in theater arts and Russian;
       Whereas, on June 4, 2000, the Utah Shakespearean Festival 
     received the prestigious Tony Award for Outstanding Regional 
     Theater at Radio City Music Hall in New York City;
       Whereas, 1,389 schools have participated in the Festival's 
     High School Shakespeare Competition since 1977;
       Whereas, 183,280 students have seen the Festival's 
     Educational Tour since 2001;
       Whereas, the International Festival and Events Association 
     estimates the annual economic impact of the Utah 
     Shakespearean Festival to be in excess of $64 million;
       Whereas, in 2001 the Festival received the 25th Annual 
     National Governors Association Award for Distinguished 
     Service to the Arts;
       Whereas, Mr. Adams is the recipient of the Pioneer of 
     Progress Award for the Days of '47 in Salt Lake City (2005), 
     the Ernst and Young Entrepreneur of the Year Award (2003), 
     the Utah Theater Association's Lifetime Service Award (2000), 
     an honorary doctorate degree from Southern Utah University 
     (1999), the Institute of Outdoor Drama's Mark R. Sumner Award 
     (1998), Brigham Young University's Distinguished Service 
     Award (1995), Geneva Steel's Modern Pioneer Award (1994), the 
     Cedar City Area Chamber of Commerce Arts Contribution Award 
     (1992), Southern Utah University's Outstanding Alumni Award 
     (1991), the Citizen Meritorious Service Award from the 
     American Parks and Recreation Society (1991), Utah Business 
     Magazine's Outstanding Business Leader recognition (1989), 
     the First Annual Governor's Award in the Arts (1989), and the 
     Distinguished Alumni Award from Brigham Young University 
     (1984 and 1987);
       Whereas, Mr. Adams was also honored to carry the Olympic 
     flame in Cedar City during the 2002 Winter Olympic Torch 
     Relay;
       Whereas, Mr. Adams was the featured personality for the 
     Utah Travel Council's summer tourism advertising campaign in 
     1995 and 1996, appearing in a number of magazines, including 
     Conde Nast Traveler, Mature Outlook, American Heritage, 
     Midwest Living, National Geographic Traveler, Gourmet, and 
     Life;
       Whereas, Mr. Adams is the author of many articles appearing 
     in several professional magazines, and he is a favorite 
     lecturer for educational institutions and professional 
     organizations throughout the United States and Europe;
       Whereas, Mr. Adams also conducts and is host for at least 
     one annual tour to Europe;
       Whereas, as executive director of the Festival Center 
     Project, Mr. Adams will now focus on securing funding for the 
     completion of the Utah Shakespearean Festival Center for the 
     Performing Arts;
       Whereas, the projected $65 million Center will feature 
     Renaissance-style buildings surrounding a brick-paved central 
     plaza and a beautiful fountain highlighted by bronze statues 
     of some of Shakespeare's most loved characters;
       Whereas, the Center will include the relocated Adams 
     Shakespearean Theater (a Tudor-styled outdoor theater), and 
     one additional small performance facility (the New 
     Playwright's Theater), as well as a bookstore, art gallery, 
     bakery, restaurant, ale house, costume and scene shops, 
     Greenshow performance stages, a seminar grove, and a feast 
     hall patterned after the great banquet halls of Europe, all 
     of which will compliment the state-of-the-art Randall L. 
     Jones Theater, built in 1989;
       Whereas, as executive producer emeritus he will consult and 
     advise the Festival concerning play selection, choosing 
     directors and designers, and long-term planning;
       Whereas, Mr. Adams will also continue to be seen at the 
     Festival as he conducts orientations, participates in all 
     Festival functions, and greets patrons and his many friends 
     before the plays; and
       Whereas, the life and accomplishments of Fred C. Adams and 
     his contribution to the arts and to economic development in 
     the State of Utah merit the thanks and praise of a grateful 
     state: Now, therefore, be it
       Resolved, that the Legislature of the State of Utah, the 
     Governor concurring therein, recognize the enormous 
     contributions of Fred C. Adams to the arts in the State of 
     Utah, and to its economic development; be it further
       Resolved, That a copy of this resolution be sent to Fred C. 
     Adams.
                                  ____

       POM-373. A Senate concurrent resolution adopted by the 
     Legislature of the State of Kansas relative to federal 
     funding of education; to the Committee on Health, Education, 
     Labor, and Pensions.

                 Senate Concurrent Resolution No. 1618

       Whereas, The state of Kansas under the Quality Performance 
     Accreditation (QPA) System has long pursued the goal of 
     improving the academic performance of all students, 
     especially students of racial and ethnic background, lower 
     economic status, limited English proficiency and with 
     learning disabilities or challenges; and
       Whereas, The state of Kansas, therefore, applauds the 
     President and the United States Congress for putting forth 
     the same goals in the reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, and emphasizing the urgency in 
     improving the performance of these students; and
       Whereas, The reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, has encouraged some needed 
     changes in public education and was initially accompanied 
     with relatively large increases in federal funding for public 
     elementary and secondary education; and
       Whereas, However, the increases in federal funding since 
     the first year of the reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, have been minimal; and
       Whereas, The federal government has decreased funding for 
     reauthorization of the Elementary and Secondary Education Act 
     of 1965, commonly known as the No Child Left Behind Act of 
     2001, in fiscal year 2006 by $793,000,000, decreased funding 
     for postsecondary education by $166,000,000, and decreased 
     funding for programs that serve students with disabilities by 
     $21,000,000: Now, therefore,

[[Page 15005]]

       Be it resolved by the Senate of the State of Kansas, the 
     House of Representatives concurring therein: That the Kansas 
     legislature memorializes the President and the United States 
     Congress to make a serious commitment to improving the 
     quality of the nation's public schools by substantially 
     increasing its funding for the reauthorization of the 
     Elementary and Secondary Education Act of 1965 commonly known 
     as the No Child Left Behind Act of 2001, the Higher Education 
     Act, the Individuals with Disabilities Education Act and 
     other educational related programs; and
       Be it further resolved: That the state of Kansas requests 
     that the President, United States Congress and United States 
     Department of Education offer the various states waivers, 
     exemptions or whatever flexibility is possible regarding the 
     requirements of the reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, in any year that federal 
     funding for public elementary and secondary education is 
     decreased to prevent states from spending state and local 
     resources on activities that have not proven effective in 
     raising student achievement and may not be the priority of an 
     individual state; and
       Be it further resolved: That the state of Kansas encourages 
     other states to pass similar resolutions; and
       Be it further resolved: That the Secretary of State send an 
     enrolled copy of this resolution to the President of the 
     United States, President of the United States Senate, Speaker 
     of the United States House of Representatives, Secretary of 
     the United States Department of Education and each member of 
     the Kansas legislative delegation.
                                  ____

       POM-374. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to applauding the contributions of 
     Pennsylvania's Taiwanese-American community and joining in 
     support of the participation of the Republic of China in the 
     role of World Health Organization observer; to the Committee 
     on Health, Education, Labor, and Pensions.

                        House Resolution No. 690

       Whereas, The Commonwealth of Pennsylvania and the Republic 
     of China (Taiwan) have had a long history of friendship; and
       Whereas, Philadelphia is home to a large Taiwanese 
     community; and
       Whereas, The people of the Taiwanese-American community 
     maintain close ties with family and friends in their native 
     land and are concerned about their health, safety and quality 
     of life; and
       Whereas, Good health is essential to every citizen of the 
     world, just as access to the highest standards of health 
     information and service is necessary to improve the public 
     health; and
       Whereas, The World Health Organization (WHO) set forth, in 
     the first chapter of its charter, the objective of attaining 
     the highest possible level of health for all people; and
       Whereas, The House of Representatives of the Commonwealth 
     of Pennsylvania is justly proud to support the participation 
     of Taiwan in the role of observer in the World Health 
     Organization in the upcoming World Health Assembly (WHA) at 
     its annual summit to be held in Geneva, Switzerland in May 
     2006; and
       Whereas, Taiwan's population of more than 23 million is 
     larger than that of 75% of the current WHO member states; and
       Whereas, The United States, in the 1994 Taiwan Policy 
     Review, declared its intention to support Taiwan's 
     participation in appropriate international organizations; and
       Whereas, The State Department, in its report to the 
     Congress of the United States in April 2005, reaffirmed 
     United States support of Taiwan's observer status in the WHA; 
     and
       Whereas, Fifty-three members of the United States House of 
     Representatives wrote a letter to Secretary of State 
     Condoleezza Rice on December 16, 2005, expressing their 
     support of observer status for Taiwan at the annual meeting 
     of the WHA; and
       Whereas, The United States Centers for Disease Control and 
     Prevention and its Taiwanese counterpart have enjoyed close 
     collaboration on a wide range of public health issues; and
       Whereas, In recent years Taiwan has expressed a willingness 
     to assist financially and technically in international aid 
     and health activities supported by the WHO; and
       Whereas, The government and the people of Taiwan have been 
     actively engaged in various activities in the fields of 
     medical assistance and humanitarian relief to countries in 
     Africa, Asia, Central America and the Caribbean in such 
     places as Afghanistan, Chad, El Salvador, Honduras and 
     Liberia and have contributed financial resources to global 
     relief efforts and to combat disease around the world; and
       Whereas, Taiwan's participation in international health 
     forums and programs is critical, especially with today's 
     greater potential for the cross-border spread of various 
     infectious diseases such as human immunodeficiency virus 
     (HIV), tuberculosis and malaria; and
       Whereas, Recent outbreaks of the lethal avian flu and 
     severe acute respiratory syndrome (SARS) in East Asia and 
     Southeast Asia have caused panic around the world and have 
     accentuated the importance of Taiwan's participation in 
     international health forums and the inherent danger of 
     nonparticipation; and
       Whereas, Taiwan's substantial achievements in the field of 
     health include having one of the highest life expectancy 
     levels in Asia and having low maternal and infant mortality 
     rates, eradicating such infectious diseases as cholera, 
     smallpox and plague and being the first to eradicate polio 
     and to provide children with hepatitis B vaccinations; and
       Whereas, Taiwan's WHO observer status affects the health 
     rights of millions of Taiwanese people and benefits regional 
     and global public health; Therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania pause in its deliberations to 
     applaud the contributions of Pennsylvania's Taiwanese-
     American community and join in support of the participation 
     of Taiwan in the role of WHO observer; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the United States 
     Department of Health and Human Services, to each member of 
     the Pennsylvania Congressional Delegation and to the World 
     Health Organization.
                                  ____

       POM-375. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to supporting changes to the 
     No Child Left Behind Act of 2001; to the Committee on Health, 
     Education, Labor, and Pensions.

                  Senate Concurrent Resolution No. 105

       Whereas, the National Conference of State Legislatures 
     created a special task force (Task Force) that spent ten 
     months conducting a comprehensive, bipartisan review of the 
     No Child Left Behind Act of 2001; and
       Whereas, this review identified a number of changes that 
     must be made to the No Child Left Behind Act for it to become 
     a positive impetus to school improvement and ensure that 
     young people will learn at their full potential; and
       Whereas, the Task Force drafted forty-three recommendations 
     outlining these necessary changes to provide useful, workable 
     requirements for schools, many of which could be easily 
     incorporated into the No Child Left Behind Act; and
       Whereas, the four key Task Force recommendations include: 
     (1) removing obstacles that block state education innovations 
     and undermine programs that were succeeding prior to the 
     passage of the No Child Left Behind Act; (2) providing the 
     federal financial assistance necessary for states to meet No 
     Child Left Behind Act classroom goals; (3) removing the 
     ``one-size-fits-all'' student performance measurements in 
     favor of more sophisticated systems that measure progress on 
     an individualized basis; and (4) recognizing that individual 
     schools face special challenges, and that significant 
     differences exist between rural and urban schools: Now, 
     therefore, be it
       Resolved, by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, That the Hawaii State Legislature 
     strongly urges the Congress of the United States to support 
     the worthwhile recommendations of the National Conference of 
     State Legislatures special task force on revisions to the No 
     Child Left Behind Act; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and Hawaii's congressional delegation.
                                  ____

       POM-376. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to supporting the goal of 
     eliminating suffering and death from cancer by the year 2015; 
     to the Committee on Health, Education, Labor, and Pensions.

                     Senate Concurrent Resolution 
                             No. 15 S.D. 1

       Whereas, cancer is the second leading cause of death and 
     touches almost every family, with over ten million Americans 
     now living with a history of cancer; and
       Whereas, cancer affects one out of every four Americans or 
     one out of every two men and one out of every three women; 
     and
       Whereas, this year alone, cancer will claim the lives of 
     more than 570,000 Americans or 1,500 people per day; and
       Whereas, 1,700 Hawaii residents or roughly one out of every 
     five deaths in Hawaii is attributed to cancer; and
       Whereas, more than 1,300,000 cancer cases were diagnosed in 
     2005; and
       Whereas, approximately 5,000 men and women in Hawaii are 
     diagnosed each year with the disease; and
       Whereas, it is estimated that cancer cost the Nation nearly 
     $190 billion 2003, including more than $69 billion in direct 
     medical costs; and
       Whereas, the cost for cancer care in Hawaii is estimated to 
     cost $500 million each year; and
       Whereas, the Nation's investment in cancer research and 
     programs have led to actual progress; and
       Whereas, between 1991 and 2001, cancer death rates declined 
     by more than nine percent and about 258,000 lives were saved; 
     and

[[Page 15006]]

       Whereas, at least half of all cancer deaths could have been 
     prevented by applying existing knowledge; and
       Whereas, the Director of the National Cancer Institute has 
     set a bold goal to eliminate suffering and death from cancer 
     by 2015; and
       Whereas, eliminating cancer related suffering and death 
     will require a commitment by the Hawaii State Legislature to 
     continue to make the fight against cancer a priority; now, 
     therefore, be it
       Resolved, by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, That the Hawaii State Legislature 
     supports the goal of eliminating suffering and death due to 
     cancer by 2015; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the Director of Health, the 
     Hawaii Comprehensive Cancer Control Coalition, U.S. House of 
     Representatives, U.S. Senate, and to the Director of the 
     National Cancer Institute.
                                  ____

       POM-377. A joint resolution adopted by the Legislature of 
     the State of Utah relative to urging the citizens of Utah to 
     increase their awareness of the contributions paraeducators 
     make in educating children in public schools; to the 
     Committee on Health, Education, Labor, and Pensions.

                     House Joint Resolution No. 15

       Whereas, for the more than 40 years since they were first 
     introduced into the nation's schools, the roles of ``teacher 
     aides'' have become more complex and demanding;
       Whereas, these aides have become technicians who are more 
     aptly described as paraeducators;
       Whereas, under the direction of teachers, paraeducators 
     assist with the delivery, to both learners and their parents, 
     of instructional and other direct services designed to 
     support instructional plans and educational goals;
       Whereas, more than 7,000 paraeducators serve in Utah's 
     school districts and charter schools, providing invaluable 
     services and support to students in Utah's public schools;
       Whereas, these paraeducators display a high degree of 
     professionalism and spend considerable time and energy in 
     career development;
       Whereas, paraeducators work as members of teams in the 
     classroom where the teacher has the ultimate responsibility 
     for the design and implementation of the classroom education 
     program, the education programs of individual students, and 
     for the evaluation of those programs and student progress;
       Whereas, paraeducators work under the ultimate supervision 
     of the school principal and are assigned to work under the 
     direction of a teacher or team of teachers;
       Whereas, while they perform clerical tasks, prepare 
     materials, and monitor learners in nonacademic settings, 
     paraeducators perform many other tasks under the supervision 
     of teachers and, in some cases, related services 
     professionals;
       Whereas, paraeducators in early childhood, elementary, 
     middle, and secondary classrooms and programs engage 
     individual and small groups of learners in instructional 
     activities developed by teachers, carry out behavior 
     management and disciplinary plans developed by teachers, and 
     assist teachers with functional and other assessment 
     activities;
       Whereas, paraeducators can also document and provide 
     objective information about learner performance that enables 
     teachers to plan and modify curriculum and learning 
     activities for individuals, assist teachers with organizing 
     learning activities and maintaining supportive environments, 
     and assist teachers with involving parents or other 
     caregivers in their child's education;
       Whereas, recent legislation requires paraprofessionals to 
     be qualified to perform their jobs and requires local 
     districts to provide adequate training and supervision of 
     their paraeducators;
       Whereas, by serving jointly with teachers, paraeducators 
     enhance the continuity and quality of services for many 
     students in Utah schools; and
       Whereas, the services provided by paraeducators, though not 
     widely understood or recognized, are a key element in the 
     success of Utah's education efforts: Now, therefore, be it
       Resolved, That the Legislature of the State of Utah urges 
     the citizens of Utah to increase their awareness of the 
     critical role paraeducators play in the education of Utah 
     school children; be it further
       Resolved, That a copy of this resolution be sent to each of 
     Utah's school districts, charter schools, the National 
     Resource Center for Paraprofessionals, members of the Utah 
     Education Coalition and education community, the Utah Parent 
     Teacher Association, the Utah State Board of Education, and 
     the Utah State Office of Education.
                                  ____

       POM-378. A joint resolution adopted by the Legislature of 
     the State of Utah relative to urging state agencies to 
     replace ``mental retardation'' references in their documents 
     with a more respectful description; to the Committee on 
     Health, Education, Labor, and Pensions.

                        House Resolution No. 14

       Whereas, the stigma attached to the phrase ``mental 
     retardation'' creates an unwarranted burden on those who 
     experience this intellectual disability;
       Whereas, in some cases government agencies inadvertently 
     perpetuate this burden by continuing to use this archaic 
     term;
       Whereas, this phrase should be changed to reflect a 
     sensitivity to those who experience this disability;
       Whereas, many government agencies throughout the United 
     States have altered their documents to refer to these 
     individuals as persons with a disability;
       Whereas, the use of ``persons with a disability'' removes a 
     measure of the sting and stigma suffered by those who must 
     struggle with this disability every day of their lives; and
       Whereas, Utah state agencies should take deliberate steps 
     to update their documents to reflect this more sensitive 
     reference to characterize those who experience this 
     disability: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     Utah's state agencies to review their official documents and 
     replace current references to ``mental retardation'' with an 
     alternative that reflects increased sensitivity to those who 
     experience this disability; and be it further
       Resolved, That the Legislature encourages state agencies to 
     review and consider alternative references to this disability 
     that are used by other states; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Department of Human Resources, the Utah Developmental 
     Disabilities Council, the Department of Health, the 
     Department of Human Services, and People First.
                                  ____

       POM-379. A resolution adopted of the Legislature of the 
     State of Utah relative to encouraging Utah schools to educate 
     children regarding risks of sun exposure; to the Committee on 
     Health, Education, Labor, and pensions.

                        Senate Resolution No. 2

       Whereas, one in five Americans will get skin cancer in 
     their lifetime;
       Whereas, melanoma, the most deadly form of skin cancer, is 
     now the second leading cause of cancer for women in their 
     20's and 30's;
       Whereas, melanoma is now the fastest growing cancer in the 
     U.S., with cases increasing at an epidemic rate of 3% per 
     year;
       Whereas, there have been no significant advances in the 
     medical treatment of advanced melanoma or its survival rate 
     in the last 30 years;
       Whereas, in a survey by the Centers for Disease Control, 
     74% of young adults and 50% of older adults said that they 
     had little or no knowledge about melanoma;
       Whereas, in 1940, the chance of a U.S. citizen getting 
     melanoma was 1 in 1,500, by 2004 it was 1 in 67, and by 2010 
     scientists predict it will be 1 in 50;
       Whereas, if caught in the earliest stages, melanoma is 
     entirely treatable with a survival rate of nearly 100%;
       Whereas, if untreated and allowed to spread, there is no 
     known effective treatment or cure for melanoma;
       Whereas, the lifetime risk of getting skin cancer is linked 
     to sun exposed sunburn during childhood and adolescence;
       Whereas, studies have shown that the occurrence of at least 
     two blistering sunburns before the age of 18 years may double 
     the risk for development of melanoma as an adult;
       Whereas, it is estimated that regular use of sunscreen 
     during childhood could lower skin cancer incidence by nearly 
     80%;
       Whereas, since 1982; incidences of pediatric melanoma in 
     children have more than doubled;
       Whereas, Utah's melanoma rates are among the highest in the 
     nation;
       Whereas, Utah regularly ranks in the top five states in the 
     nation for per capita deaths from melanoma;
       Whereas, the United States Department of Health and Human 
     Services Classifies solar radiation as a known human 
     carcinogen;
       Whereas, the causes, prevention, and early detection of 
     skin cancer, particularly melanoma, are fairly well 
     understood and easy to learn;
       Whereas, schools have the potential to educate and 
     positively influence pupil and family behavior regarding skin 
     cancer prevention;
       Whereas, simple, inexpensive changes in behavior such as 
     wearing sunscreen, avoiding midday sun exposure, and wearing 
     a shirt and hat can alter lifelong skin cancer risks;
       Whereas, several programs are available to educators to 
     help them teach students about the risks and prevention of 
     skin cancer, and the programs could be integrated into 
     classes in Utah schools;
       Whereas, the United States Environmental Protection Agency 
     has created a program that educates school-age children on 
     the risks of exposure to the sun;
       Whereas, this program, called SunWise, is provided free of 
     charge, is designed for school-age children, requires no 
     teacher training, and is easily integrated into a school's 
     curriculum;
       Whereas, SunWise is currently being used by 14,000 schools 
     around the country and 246 school in Utah with great success;
       Whereas, a low-cost program about the risks, and prevention 
     of skin cancer, Sunny

[[Page 15007]]

     Days, Healthy Ways, was developed with grants from the 
     National Cancer Institute;
       Whereas, the Centers for Disease Control have free 
     materials on the prevention of skin cancer which, can be 
     downloaded from their website and used in class or sent home 
     with children to help educate families;
       Whereas, Only Skin Deep is a Utah based program designed to 
     train high school students to teach their peers about skin 
     cancer prevention;
       Whereas, this program has been successfully used in Utah 
     schools, is free of charge, and requires no time from 
     teachers; and
       Whereas, faced with the reality of the risks of sun 
     exposure and with the variety of low or no-cost programs and 
     materials available, Utah schools should educate their 
     students on the risks and prevention of skin cancer: Now, 
     therefore, be it
       Resolved, That the Senate of the state of Utah urges Utah's 
     public schools to consider incorporating sun exposure 
     awareness programs and materials into their curriculum. Be it 
     further
       Resolved, That copies of this resolution be sent to each 
     school district in the state of Utah, the Utah Parent 
     Teachers Association, the American Cancer Society of Utah, 
     the Utah Cancer Action Network, the Utah State Office of 
     Education, the Utah State Board of Education, the Utah 
     Department of Health, the National Cancer Institute, and the 
     Utah Society of Dermatologic Medicine and Surgery.
                                  ____

       POM-380. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to encouraging school boards to 
     adopt policy prohibiting bullying; to the Committee on 
     Health, Education, Labor, and Pensions.

                        Senate Resolution No. 1

       Whereas, school bullying, harassment, and intimidation 
     greatly reduce a student's ability to both achieve and 
     surpass academic standards in Utah;
       Whereas, school bullying, harassment and intimidation can 
     directly affect a student's health and well-being and thus 
     contribute to excess absences from school, physical sickness, 
     mental and emotional anguish, and long-term social and mental 
     consequences;
       Whereas, bullying, harassment; and intimidation can take 
     physical, verbal, and written forms, including use of 
     electronic media;
       Whereas, it is long past time for not only society, but 
     also for each community in Utah, down to the individual 
     school community level, to acknowledge that bullying is not 
     some sort of right of passage to be simply ignored or 
     tolerated;
       Whereas, incidents of reported school-related bullying in 
     the state and throughout the nation are ample evidence of the 
     need for intervention;
       Whereas, many bullies eventually end up with criminal 
     records and are involved in abusive relationships because 
     they have not learned appropriate social behavior;
       Whereas, it is within the goals and dictates of the state's 
     public education system to provide a healthy, positive, and 
     safe learning atmosphere for all Utah children in the state's 
     public schools;
       Whereas, many schools across the state are already engaged 
     in prevention efforts, including Utah's K-12 prevention 
     program, Prevention Dimensions;
       Whereas, these programs emphasize assessment of the 
     prevalence of bullying incidents and preventive, early 
     intervention strategies; and
       Whereas, with the help of local school boards, school 
     districts and school personnel, parents, and concerned 
     individuals, school bullying can be effectively addressed: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express its condemnation of 
     bullying, harassment, and intimidation in Utah schools. Be it 
     further
       Resolved, That the Legislature and the Governor urge school 
     districts, concerned parents, the members of the Utah 
     Substance Abuse and Anti-Violence Coordinating Council, and 
     the members of the Utah Education Coalition, which includes 
     the State Board of Education, the Utah Education Association, 
     the Utah Parent Teacher Association, the Utah School 
     Employees Association, the Utah Association of Elementary 
     School Principals, the Utah Association of Secondary School 
     Principals, the Utah School Boards Association, the Utah 
     State Office of Education, and the Utah School 
     Superintendents Association to work together to further 
     define and understand the multiple aspects of bullying and 
     effectively utilize systems for reporting school-related 
     bullying incidents. Be it further
       Resolved, That the Legislature and the Governor call upon 
     school districts, concerned parents, the members of Utah 
     Education Coalition, and the members of the Utah Substance 
     Abuse and Anti-Violence Coordinating Council to respond to 
     school-related bullying incidents by implementing a program 
     where victims of bullying can be identified and assisted, and 
     perpetrators educated, in order to create safer schools that 
     provide a positive learning environment. Be it further
       Resolved, That the Legislature and the Governor encourage 
     these groups to come together to form a coalition whose goal 
     would be to bring about, through education and other means, 
     the end of bullying, harassment, and intimidation in the 
     states public schools. Be it further
       Resolved, That a copy of this resolution be sent to the 
     State Board of Education, the Utah Education Association, the 
     Utah Parent Teacher Association, the Utah School Employees 
     Association, the Utah Association of Elementary School 
     Principals, the Utah Association of Secondary School 
     Principals, the Utah School Boards Association, the Utah 
     State Office of Education, the Utah School Superintendents 
     Association, the Utah Substance Abuse and Anti-Violence 
     Coordinating Council, each public school district in the 
     state of Utah, and the Utah Charter School Association.
                                  ____

       POM-381. A joint resolution by the Legislature of the State 
     of Utah relative to recognizing the rights of public school 
     students to voluntarily participate in religious expression 
     in public schools; to the Committee on Health, Education, 
     Labor, and Pensions.

                     Senate Joint Resolution No. 9

       Whereas, a firm understanding of the proper and lawful role 
     of religious expression is requisite to full participation in 
     public institutions;
       Whereas, a state of confusion and in some cases fear among 
     the general citizenry exists as to the proper role of 
     religious expression in public schools and other public 
     settings;
       Whereas, the free exercise of religion is a fundamental 
     right guaranteed by both the United States Constitution and 
     the Utah Constitution;
       Whereas, the freedom of speech is a fundamental right 
     guaranteed by both the United States Constitution and the 
     Utah Constitution;
       Whereas, the First Amendment to the United States 
     Constitution states, ``Congress shall make no law respecting 
     an establishment of religion, or prohibiting the free 
     exercise thereof; or abridging the freedom of speech, or of 
     the press; or the right of the people peaceably to 
     assemble'';
       Whereas, the Utah Constitution states, ``The rights of 
     conscience shall never be infringed. The State shall make no 
     law respecting an establishment of religion or prohibiting 
     the free exercise thereof; . . . There shall be no union of 
     Church and State, nor shall any church dominate the State or 
     interfere with its functions. No public money or property 
     shall be appropriated for or applied to any religious 
     worship, exercise or instruction, or for the support of any 
     ecclesiastical establishment.'';
       Whereas, the Utah Constitution also states: ``No law shall 
     be passed to abridge or restrain the freedom of speech or of 
     the press'';
       Whereas, prayer is fundamental to the exercise of both 
     religion and free speech;
       Whereas, courts have upheld the right of students to 
     spontaneously and nondisruptively pray in school settings, 
     and school administrators and teachers are in no way 
     permitted to discourage such religious expression, including 
     prayer, by a student;
       Whereas, in the classroom, instruction covering religious 
     subject matter is permitted, provided the teacher does not 
     advocate religion in general or one or more religions in 
     particular;
       Whereas, students participating in the singing of songs 
     that are religious in theme, and expressions often related to 
     holidays that are ``religious in nature, also enjoy legal 
     protection under the state and federal constitutions;
       Whereas, the courts have established a three-part test for 
     determining if a government action violates the establishment 
     of religion clause of the First Amendment to the United 
     States Constitution: (1) the government action must have a 
     secular (nonreligious) purpose; (2) the government action's 
     primary purpose must not be to inhibit or to advance 
     religion; and (3) there must be no excessive entanglement 
     between government and religion; and
       Whereas, the United States Supreme Court has ruled the 
     union-of-church-and-state ban applies only to circumstances 
     that join a particular religious denomination and the state 
     so that the two function in tandem on an ongoing basis: Now, 
     therefore, be it
       Resolved, That the Legislature of the State of Utah 
     recognizes the right of public school students to voluntarily 
     participate in prayer, and also in the singing of songs and 
     in expressions related to holidays that are religious in 
     nature, in public schools, within known legal limits of 
     religious expression, tolerance, civility, and dignity as 
     contemplated by this nation's founders. Be it further
       Resolved, That a copy of this resolution be sent annually 
     to each student currently enrolled in Utah's public schools, 
     each parent of a student currently enrolled in Utah's public 
     schools, the Utah Parent Teacher Association, the Utah 
     Education Association, the Utah State Board of Education, the 
     Utah State Office of Education, the Utah Association of 
     Counties, and the Utah League of Cities and Towns.
                                  ____

       POM-382. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to providing states with the 
     necessary funding to implement the goals of the No

[[Page 15008]]

     Child Left Behind Act of 2001 and other education-related 
     programs; to the Committee on Health, Education, Labor, and 
     Pensions.

                  Senate Concurrent Resolution No. 104

       Whereas, the State of Hawaii has long pursued the goal of 
     improving the academic performance of all students, 
     especially those of minority racial and ethnic backgrounds, 
     lower economic status, and limited English proficiency, and 
     those with learning disabilities or challenges; and
       Whereas, the State of Hawaii, therefore, applauds the 
     President of the United States and Congress for setting the 
     same goals in the No Child Left Behind Act of 2001, and 
     emphasizing the urgency in closing the achievement gaps for 
     these students; and
       Whereas, the No Child Left Behind Act has encouraged some 
     needed changes in public education and was initially 
     accompanied by relatively large increases in federal funding 
     for public elementary and secondary education; and
       Whereas, the increases in federal funding since the first 
     year of implementation of the No Child Left Behind Act have 
     been minimal and insufficient to meet its requirements; and
       Whereas, the federal government has decreased funding for 
     programs implementing the No Child Left Behind Act in fiscal 
     year 2006 by almost $800,000,000, and for overall public 
     education by $606,000,000, including cuts of more than 
     $165,000,000 from postsecondary education and over 
     $20,000,000 from programs for students with disabilities: 
     Now, therefore, be it
       Resolved, by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, That the Hawaii Legislature urges 
     the President of the United States and United States Congress 
     to make a serious commitment to improving the quality of the 
     nation's public schools by substantially increasing its 
     funding for implementation of the No Child Left Behind Act, 
     the Higher Education Act, the Individuals with Disabilities 
     Education Act, and other education-related programs; and be 
     it further
       Resolved, That the State of Hawaii requests that in any 
     year that federal funding for public elementary and secondary 
     education is decreased, the President, United States 
     Congress, and the United States Department of Education 
     create flexibility in No Child Left Behind Act requirements 
     through the use of state waivers, exemptions, or other 
     mechanisms; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the President Pro Tempore of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, the United States Secretary of Education, 
     and Hawaii's congressional delegation.
                                  ____

       POM-383. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to requesting the United 
     States Senate to pass the ``Stem Cell Research Enhancement 
     Act of 2005''; to the Committee on Health, Education, Labor, 
     and Pensions.

                   House Joint Resolution No. 06-1034

       Whereas, In May 2005, by a bipartisan vote of 238 to 194, 
     the United States House of Representatives passed H.R. 810, 
     the ``Stem Cell Research Enhancement Act of 2005'', and the 
     bill is currently pending in the United States Senate; and
       Whereas, H.R. 810 would authorize research using embryonic 
     stem cells only if the stem cells are derived from human 
     embryos that have been donated from in-vitro fertilization 
     clinics, are created for the purpose of fertility treatment, 
     and are in excess of the clinical need of the individuals 
     seeking such treatment; and
       Whereas, H.R. 810 would further require that it be 
     determined that the human embryos used for research are ones 
     that would never be implanted in a woman and would otherwise 
     be discarded, and that the individuals donating the human 
     embryos give written, informed consent to the donation and do 
     not receive any financial or other inducements to make the 
     donation; and
       Whereas, Stem cell research offers the opportunity to 
     discover cures and treatments for diseases such as 
     Parkinson's, Alzheimer's, ALS, diabetes, spinal cord injury, 
     and many others; and
       Whereas, We have a responsibility to ensure that this 
     research proceeds with ethical safeguards and strict 
     guidelines, and, by permitting research only on excess 
     embryos created in the in-vitro fertilization process and 
     establishing a clear, voluntary consent process for donors, 
     H.R 810 meets this responsibility; and
       Whereas, Senator Bill Frist, Senate Majority leader, noted, 
     ``While human embryonic stem cell research is still at a very 
     early stage, the limitations put in place in 2001 will, over 
     time, slow our ability to bring potential new treatments for 
     certain diseases. Therefore, I believe the President's policy 
     should be modified'': Now, therefore, be it
       Resolved, by the House of Representatives of the Sixty-
     fifth General Assembly of the State of Colorado, the Senate 
     concurring herein; That the General Assembly of the state of 
     Colorado requests the United States Senate to move 
     expeditiously to pass H.R. 810 and urges all members of the 
     United States Senate to vote in favor of H.R. 810; and be it 
     further
       Resolved, That copies of this Joint Resolution be sent to 
     the President and Vice-President of the United States, the 
     Majority and Minority Leaders of the Senate, the Colorado 
     Senate delegation.
                                  ____

       POM-384. A joint resolution adopted by the Legislature of 
     the State of Utah relative to supporting Utah Highway Patrol 
     use of white crosses as roadside memorials; to the Committee 
     on Homeland Security and Governmental Affairs.

                   House Concurrent Resolution No. 4

       Whereas, since the creation of the Utah Highway Patrol in 
     1935, 14 Highway Patrol officers have been killed in the line 
     of duty;
       Whereas, the 14 Utah Highway Patrolmen who have been killed 
     in the line of duty are Patrolman George ``Ed'' VanWagenen 
     and Troopers Armond A. ``Monty'' Luke, George Dee Rees, 
     Charles D. Warren, John R. Winn, William J. Antoniewicz, 
     Robert B. Hutchings, Ray Lynn Pierson, Daniel W. Harris, 
     Joseph ``Joey'' S. Brumett III, Dennis ``Dee'' Lund, Doyle R. 
     Thorne, Randy K. Ingram, and Thomas S. Rettberg;
       Whereas, for the families of these officers who have paid 
     the ultimate price for their service, there is often very 
     little that can be done to stem the tide of their grief and 
     suffering, or to help them move on with their lives;
       Whereas, the families of these officers killed in the line 
     of duty have been involved in, and have supported, the 
     creation of roadside memorials that are placed near the 
     location of the incidents that caused the deaths of their 
     loved ones;
       Whereas, each memorial represents a Utah Highway Patrol 
     officer who died in the line of duty and service to the state 
     of Utah and its citizens;
       Whereas, a white cross has become widely accepted as a 
     symbol of a death, and not a religious symbol, when placed 
     along a highway;
       Whereas, the memorials remind the citizens of Utah and this 
     nation of the price that is too often paid for safety and 
     freedom;
       Whereas, the memorials also console the family members left 
     behind, who too often consist of young mothers and young 
     children;
       Whereas, the primary feature of the memorials is a white 
     cross, which was never intended as a religious symbol, but as 
     a symbol of the sacrifice made by these highway patrol 
     officers;
       Whereas, the beehive emblem, which is also the official 
     state emblem, is attached to the cross because the emblem is 
     worn as part of the official Utah Highway Patrol uniform;
       Whereas, the purchase and placement of these memorials has 
     been accomplished with private funds only; and
       Whereas, given the heartfelt yet nonsectarian intentions of 
     the memorials, removing or tampering with them would clearly 
     convey an absence of concern, respect, and recognition of the 
     sacrifices made by these officer and their families: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express support for the Utah 
     Highway Patrol's use of white crosses, or other appropriate 
     symbols as requested by the family, as roadside memorials as 
     a means to pay tribute to the heroes from the ranks of the 
     Utah Highway Patrol who have fallen and to their families; 
     and be it further
       Resolved, That a copy of this resolution be sent to the 
     surviving spouse or nearest relative of each Utah Highway 
     Patrol Officer who has been killed in the line of duty and 
     service to the citizens of Utah, the Utah Highway Patrol, and 
     the Utah Highway Patrol Association.
                                  ____

       POM-385. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to authorizing funding for the Navajo Health 
     Foundation/Sage Memorial Hospital; to the Committee on Indian 
     Affairs.

                   House Concurrent Memorial No. 2002

       Your memorialist respectfully represents:
       Whereas, the Navajo Nation finds that the lack of 
     appropriations by the United States Congress for full funding 
     of the Navajo Health Foundation/Sage Memorial Hospital, Inc. 
     contract severely and negatively impacts the delivery of 
     health care services to Navajo recipients of health care 
     services.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the United States Congress authorize and rebudget 
     contract health care service funds appropriated to the Navajo 
     Area Indian Health Service into hospital and clinic budgeted 
     funds to fully fund the P.L. 93-638 contract with the Navajo 
     Health Foundation/Sage Memorial Hospital.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of United States House of 
     Representatives, the United States Secretary of Health and 
     Human Services and each Member of Congress from the State of 
     Arizona.
                                  ____

       POM-386. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to permanently repealing the death tax, dissolving

[[Page 15009]]

     United States Membership in the United Nations, and removing 
     specific areas relating to faith from the jurisdiction of the 
     United States Supreme Court; to the Committee on the 
     Judiciary.

                   House Concurrent Memorial No. 2011

       Whereas, under tax relief legislation passed in 2001, the 
     death tax was temporarily phased out but not permanently 
     eliminated; and
       Whereas, farmers and other small business owners will face 
     losing their farms and businesses if the federal government 
     resumes the heavy taxation of citizens at death; and
       Whereas, this is a tax that is particularly damaging to 
     families who are working their way up the ladder and trying 
     to accumulate wealth for the first time; and
       Whereas, employees suffer layoffs when small and medium 
     businesses are liquidated to pay death taxes; and
       Whereas, if the death tax had been repealed in 1996, the 
     United States economy would have realized billions of dollars 
     of extra output each year and an average of 145,000 
     additional new jobs would have been created; and
       Whereas, having repeatedly passed in the United States 
     House of Representatives and Senate, repeal of the death tax 
     holds wide bipartisan support.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That the Congress of the United States immediately and 
     permanently repeal the death tax.
       Your memorialist respectfully represents:
       Whereas, the United States of America became an 
     independent, sovereign nation for the reasons expressed in 
     the Declaration of Independence and as the result of a bloody 
     war to achieve its independence: and
       Whereas, the Constitution of the United States of America 
     is, and rightfully must remain, the Supreme Law of the Land; 
     and
       Whereas, the Constitution of the United States of America 
     provides for limited, non-delegable and diffused powers of 
     governments that are separated among the Congress, the 
     President and the judiciary and that preserve the powers and 
     duties of the individual states and the people; and
       Whereas, the Constitution of the United States of America 
     guarantees personal liberties of each individual citizen; and
       Whereas, the Charter of the United Nations purports to 
     supersede the independence and sovereignty of the United 
     States and the Constitution of the United States of America 
     and to usurp powers delegated in the Constitution by:
       1. Concentrating in the United Nations Security Council 
     control and use of certain American military personnel and 
     the military personnel of all member nations for its own 
     purposes without any accountability and in violation of the 
     exclusive power of the United States Congress to declare war.
       2. Seeking authority to tax citizens of the United States 
     and other member nations directly to support United Nations 
     activities.
       3. Sponsoring and extending to all nations, whether 
     signatories or not, an International Criminal Court that 
     violates the rights of the accused as well as the 
     Constitution of the United States and the Bill of Rights; and
       Whereas, the oil-for-food effort in Iraq has been a global 
     scandal that has enriched Saddam Hussein and his inner 
     circle, leaving the Iraqi people further deprived, and has 
     further enabled him to acquire arms and munitions that have 
     been used against United States forces, all having occurred 
     while under the supervision of the United Nations; and
       Whereas, Congressman Ron Paul of Texas has introduced a 
     bill in Congress that is known as the American Sovereignty 
     Restoration Act of 2005. This important legislation, H.R. 
     1146, would end the membership of the United States in the 
     United Nations; and
       Whereas, the only benefit to the United States of America 
     to belong to the United Nations is that we have veto 
     authority on the Security Council to protect our allies, such 
     as the Nation of Israel; and
       Whereas, H.R. 1146 would repeal the United Nations 
     Participation Act of 1945, the United Nations Headquarters 
     Agreement Act and various other related laws. The bill would 
     prevent the authorization of further monies for United 
     Nations military operations and would terminate the 
     participation of the United States in United Nations 
     peacekeeping operations; and
       Whereas, the Constitution and bylaws of the United Nations 
     frequently conflict with the Constitution and laws of the 
     United States. Over the years, past presidents have 
     unconstitutionally transferred their authority to United 
     Nations commanders without the consent of Congress; and
       Whereas, the enactment of H.R. 1146, the American 
     Sovereignty Restoration Act of 2005, would end the usurpation 
     of American powers by the United Nations and would reaffirm 
     the sovereignty of the United States.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That upon such time that the United States of America 
     ceases to use its veto authority on the United Nations 
     Security Council to protect Israel, the Congress of the 
     United States take immediate steps to ensure the passage of 
     H.R. 1146, the American Sovereignty Restoration Act of 2005, 
     and take any other measures necessary to dissolve the 
     membership of the United States in the United Nations.
       Your memorialist also respectfully represents:
       Whereas, on June 27, 2005, the United States Supreme Court, 
     in two razor thin majorities of 5-4 concluded that it is 
     consistent with the First Amendment to display the Ten 
     Commandments in an outdoor public square in Texas, but not on 
     the courthouse walls of two counties in Kentucky; and
       Whereas, many Americans are deeply puzzled as to how the 
     Court could produce two opposite results involving the same 
     Ten Commandments; and
       Whereas, it is appropriate to observe that, based on the 
     Kentucky decision, it is acceptable to display the Ten 
     Commandments in a county courthouse, provided you do not 
     believe in God; and
       Whereas. Justice Scalia, in the Kentucky case, used these 
     words to emphasize the importance of the Ten Commandments to 
     most Americans: ``The three most popular religions in the 
     United States, Christianity, Judaism and Islam--which 
     combined account for 97.7% of all believers--are monotheistic 
     . . . [a]ll of them, moreover (Islam included), believe that 
     the Ten Commandments were given by God to Moses, and are 
     divine prescriptions for a virtuous life''; and
       Whereas, very recent polling data by a major Washington, 
     D.C. paper revealed that a huge majority of the American 
     people supports posting the Ten Commandments; and
       Whereas, S520 and HR1070 are bills that would allow the 
     display of the Commandments in public places in America. The 
     operative language provides: ``. . . [t]he Supreme Court 
     shall not have jurisdiction to review, by appeal, writ of 
     certiorari, or otherwise, any matter to the extent that 
     relief is sought against an entity of Federal, State, or 
     local government, or against an officer or agent of Federal, 
     State, or local government (whether or not acting in official 
     or personal capacity), concerning that entity's, officer's, 
     or agent's acknowledgment of God as the sovereign source of 
     law, liberty, or government''; and
       Whereas, hearings were held on the same language in June 
     2004 in the Constitution, Civil Rights and Property Rights 
     Subcommittee of the Senate Judiciary Committee. Hearings were 
     also held on this language in September 2004 in the Courts 
     Subcommittee of the House Judiciary Committee: and
       Whereas, former Chief Justice Rehnquist, in the Texas case, 
     used the following words to describe the obvious duplicity of 
     the United States Supreme Court in telling local governments 
     in America that they may not display the Ten Commandments in 
     local buildings in their communities while at the same time 
     allowing the Ten Commandments to be present on the building 
     housing the United States Supreme Court: ``Since 1935, Moses 
     has stood, holding two tablets that reveal portions of the 
     Ten Commandments written in Hebrew, among other lawgivers in 
     the south frieze. Representations of the Ten Commandments 
     adorn the metal gates lining the north and south sides of the 
     Courtroom as well as the doors leading into the Courtroom. 
     Moses also sits on the exterior east facade of the building 
     holding the Ten Commandments tablets.''; and
       Whereas, the Kentucky decision will be used by litigants 
     who want to remove God from the public square in America. 
     Sooner or later, this effort will take place in our states. 
     Reports have indicated that efforts to remove the Ten 
     Commandments from public buildings or public parks are now 
     underway in at least twenty-five different places in America.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That the United States Congress adopt S520 and HR1070, and 
     in so doing, protect the ability of the people of this state 
     and nation to display the Ten Commandments in public 
     buildings, to express their faith in public, to retain God in 
     the Pledge of Allegiance and in the national motto, and to 
     use article III, section 2.2, United States Constitution, to 
     remove these areas from the jurisdiction of the United States 
     Supreme Court.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-387. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to making the Republic of Poland eligible for the 
     United States Department of State Visa Waiver Program; to the 
     Committee on the Judiciary.

                          House Resolution 269

       Whereas, The Republic of Poland is a free, democratic, and 
     independent nation. The fall of the Berlin Wall in 1989 paved 
     the way for Poland to break free from Soviet control and 
     pursue its own destiny. In 1999, the United States and the 
     Republic of Poland became

[[Page 15010]]

     formal allies when Poland was granted membership in the North 
     Atlantic Treaty Organization. Since that historic occasion, 
     the Republic of Poland has proven to be an indispensable ally 
     in the global campaign against terrorism. Poland actively 
     participated in Operation Iraqi Freedom and the Iraqi 
     reconstruction mission, shedding blood along with American 
     military personnel; and
       Whereas, From the beginning of Poland's new independence, 
     the Polish people have expressed their wishes for close ties 
     with America. On April 15, 1991, the Republic of Poland 
     unilaterally repealed the visa obligation for United States 
     citizens traveling to Poland. The United States has not 
     reciprocated this gesture. Our Department of State's Visa 
     Waiver Program currently allows citizens from 27 countries to 
     travel to the United States for tourism or business for up to 
     90 days without first obtaining visas for entry. The 
     countries that currently participate in the Visa Waiver 
     Program include Andorra, Australia, Austria, Belgium, Brunei, 
     Denmark, Finland, France, Germany, Iceland, Ireland, Italy, 
     Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, 
     New Zealand, Norway, Portugal, San Marino, Singapore, 
     Slovenia, Spain, Sweden, Switzerland, and the United Kingdom; 
     and
       Whereas, the President of the United States and other high 
     ranking officials have rightly described Poland as ``one of 
     our closest friends.'' After emerging from five decades of 
     foreign domination, the people of Poland have made great 
     strides in building a free and prosperous nation to stand by 
     America's side in the great struggle of our day. It is 
     appropriate that the Republic of Poland be made eligible for 
     the United States Department of State Visa Waiver Program: 
     Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the President of the United States and the United 
     States Congress to make the Republic of Poland eligible for 
     the United States Department of State Visa Waiver Program; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the members of the Michigan congressional 
     delegation, and the Ambassador of the Republic of Poland to 
     the United States of America.
                                  ____

       POM-388. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Massachusetts relative to 
     affirming the civil rights and liberties of the people of 
     Massachusetts; to the Committee on the Judiciary.

                           Senate Resolution

       Whereas, the struggle to establish democracy and secure the 
     rights and liberties of Americans began in Massachusetts; and
       Whereas, the Declaration of Rights of the inhabitants of 
     the Commonwealth of Massachusetts was the first enumeration 
     of the civil rights and liberties of Americans, provided a 
     model for the United States Constitution and its Bill of 
     Rights, and continues to serve the Citizens of the 
     Commonwealth; and
       Whereas, every duly elected public official in 
     Massachusetts has sworn to uphold the Constitution of the 
     United States and the Constitution of the Commonwealth; and
       Whereas, in response to the terrorist attacks of September 
     11, 2001, the United States Congress passed, without public 
     hearings and with little debate, the USA PATRIOT Act (Public 
     Law 107-56), provisions of which threaten the fundamental 
     rights and liberties of citizens and non-citizens; and
       Whereas, through executive orders, changes in procedures, 
     and other actions, the United States Department of Justice 
     has adopted practices which infringe upon the rights and 
     liberties of citizens and non-citizens; and
       Whereas, fifty-three Massachusetts cities and towns and 
     more than 400 cities and towns across the United States have 
     passed resolutions that affirm their support for our 
     fundamental freedoms and that state their opposition to 
     provisions of the USA Patriot Act and the practices of the 
     United States Department of Justice; and
       Whereas, on November 2, 2004, in the 9 State legislative 
     districts where it appeared on the ballot, voters approved, 
     by overwhelming margins, a referendum question requesting 
     legislators to support a Massachusetts resolution asserting 
     that the campaign against terrorism should not be waged at 
     the expense of civil rights and liberties, and to support 
     legislation barring the use of State resources for racial and 
     religious profiling, for secret investigations without 
     reasonable grounds, and for maintaining files on individuals 
     and organizations without reasonable suspicion of criminal 
     conduct; and
       Whereas, the States of Alaska, Hawaii, Vermont, Maine, 
     Montana, Idaho and Colorado have passed resolutions opposing 
     provisions of the USA PATRIOT Act and Federal practices which 
     threaten our civil liberties; and
       Whereas, in recent testimony and through legislative 
     initiatives, the United States Department of Justice has 
     indicated an intention to seek even greater powers of 
     surveillance, investigation and prosecution; now there be it
       Resolved, That the Massachusetts State Senate hereby 
     affirms the rights and liberties of the people of 
     Massachusetts and our system of checks and balances as 
     specified in the United States Constitution, the Bill of 
     Rights, and the Constitution of the Commonwealth of 
     Massachusetts; and be it further
       Resolved, That the Massachusetts State Senate hereby 
     affirms that measures taken to protect our local and national 
     security must be guided by and must respect principles of 
     American liberty and the rights of persons as enshrined in 
     the Constitution of the Commonwealth of Massachusetts, the 
     United States Constitution and the Bill of Rights; and be it 
     further
       Resolved, That the Massachusetts State Senate hereby 
     requests that the State and local law enforcement authorities 
     refrain from actions that impinge and infringe upon and 
     violate constitutional rights, such as racial and religious 
     profiling, conducting warrantless searches and maintaining 
     files on individuals and organizations without reasonable 
     suspicion of criminal conduct; and be it further
       Resolved, That the Massachusetts State Senate hereby urges 
     the United States Congress to allow to sunset, to repeal or 
     to amend those sections of the USA PATRIOT Act which allow 
     the executive branch to infringe upon the rights and 
     liberties of persons as specified in the United States 
     Constitution, the Bill of Rights and the Constitution of the 
     Commonwealth of Massachusetts, and to oppose any additional 
     legislation that would infringe upon these rights and 
     liberties; and be it further
       Resolved, That the Massachusetts State Senate hereby urges 
     the United States Department of Justice and other Federal 
     agencies and departments to refrain from any investigations, 
     procedures or prosecutions which infringe upon the liberties 
     of persons as specified in the United States Constitution, 
     the Bill of Rights and the Constitution of the Commonwealth 
     of Massachusetts, or which single out individuals for legal 
     scrutiny or enforcement activity based upon their race, 
     religion, ethnicity or country of origin; and be it further
       Resolved, That the Massachusetts State Senate hereby urges 
     the United States Congress to exercise its constitutionally 
     necessary and proper oversight responsibilities relative to 
     the operations and actions of the Departments of Defense and 
     Justice, the National Security Agency and the Central 
     Intelligence Agency that may adversely affect and impinge 
     upon civil rights and liberties, and to ensure the 
     publication of its findings; and be it further
       Resolved, That copies of these resolutions be transmitted 
     forthwith by the Clerk of the Senate to the Honorable George 
     W. Bush, President of the United States; to Alberto Gonzales, 
     Attorney General of the United States; and to Michael J. 
     Sullivan, United States Attorney for Massachusetts; and be it 
     further
       Resolved, That copies of these resolutions shall be 
     transmitted to United States Senators Edward Kennedy and John 
     Kerry, Congressmen Michael Capuano, William Delahunt, Barney 
     Frank, Stephen Lynch, Edward Markey, James McGovern, Marty 
     Meehan, Richard Neal, John Olver and John Tierney, 
     Massachusetts Governor Mitt Romney, Massachusetts Attorney 
     General Tom Reilly, Massachusetts State Police Colonel Thomas 
     G. Robbins and to all city and town halls and public 
     libraries within the Commonwealth of Massachusetts.
                                  ____

       POM-389. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to passing 
     a constitutional amendment banning the desecration of the 
     United States flag; to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 23

       Whereas, during the first session of the 109th Congress of 
     the United States of America, House Joint Resolution 10 was 
     introduced proposing to amend the Constitution of the United 
     States to authorize the Congress to prohibit the physical 
     desecration of the flag of the United States; and
       Whereas, the United States House of Representatives on June 
     22, 2005, by a vote of two hundred eighty-six to one hundred 
     thirty, passed the constitutional amendment prohibiting the 
     physical desecration of the United States flag; and
       Whereas, the United States Senate has until the end of 2006 
     to take action upon House Joint Resolution 10; and
       Whereas, since 1995, the United States Senate has failed to 
     pass five similar constitutional amendments which were 
     previously passed by the United States House of 
     Representatives; and
       Whereas, the United States Senate should not continue to 
     prevent the individual states of the United States from 
     having a voice in whether or not to ratify this 
     constitutional amendment: Therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Senate to take such actions as 
     are necessary to pass the proposed constitutional amendment 
     banning the desecration of the United States flag which was 
     passed by the United States House of Representatives on June 
     22, 2005; and be it further.

[[Page 15011]]

       Resolved, That a copy of this Resolution shall be 
     transmitted to the president of the United States, the 
     secretary of the United States Senate, the clerk of the 
     United States House of Representatives, and each member of 
     the Louisiana delegation to the United States Congress.
                                  ____

       POM-390. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to support 
     the Marriage Protection Amendment; to the Committee on the 
     Judiciary.

                  House Concurrent Resolution No. 235

       Whereas, marriage is a sacred institution that has endured 
     for centuries as the bedrock of a healthy and successful 
     family; and
       Whereas, the stable and healthy marriage is the most 
     beneficial circumstance within which to rear children; and
       Whereas, marriage has been reflected historically in the 
     laws of the United States and of the individual states as the 
     union of a man and a woman; and
       Whereas, in the 2004 Regular Session of the Louisiana 
     Legislature, Act No. 926 provided that marriage in this state 
     shall consist only of the union of one man and one woman; and
       Whereas, Act No. 926 of the 2004 Regular Session was 
     approved by eighty-three percent of the House of 
     Representatives and seventy-nine percent of the Senate; and
       Whereas, Act No. 926 of the 2004 Regular Session was 
     submitted to the voters of Louisiana on September 18, 2004, 
     and was approved by seventy-eight percent of the voters; and
       Whereas, thirteen other states of the United States have 
     approved similar constitutional amendments limiting marriage 
     to the union of one man and one woman; and
       Whereas, the protection of marriage is essential to the 
     continued strength of the nation, and it is vital that 
     Congress and the United States senators from Louisiana vote 
     to support the Marriage Protection Amendment: Therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress and Senators Mary 
     Landrieu and David Vitter to take such actions as are 
     necessary to support and vote for the Marriage Protection 
     Amendment presently pending in the United States Senate; 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 of the United States senators from 
     Louisiana.
                                  ____

       POM-391. A joint resolution adopted by the General Assembly 
     of the State of Tennessee relative to the addition of a 
     balanced budget amendment to the United States Constitution; 
     to the Committee on the Judiciary.

                    Senate Joint Resolution No. 574

       Whereas with each passing year our nation falls further 
     into debt as federal government expenditures repeatedly 
     exceed available revenue; and
       Whereas the federal public debt now stands at approximately 
     $8.2 trillion, which equates to $27,600 of debt for every 
     man, woman, and child in America; and
       Whereas the annual federal budget has risen to 
     unprecedented levels, demonstrating an unwillingness or 
     inability of both the legislative and executive branches of 
     federal government to control the federal debt; and
       Whereas fiscal discipline is a powerful means for 
     strengthening our nation; with a constitutional provision 
     requiring a federal balanced budget, less of America's 
     financial resources would be channeled into servicing the 
     national debt and more of our tax dollars would be available 
     for public endeavors that reflect our national priorities, 
     such as education, health, the security of our nation, and 
     the creation of jobs; and
       Whereas Thomas Jefferson recognized the importance of a 
     balanced budget when he wrote: ``The question whether one 
     generation has the right to bind another by the deficit it 
     imposes is a question of such consequence as to place it 
     among the fundamental principles of government. We should 
     consider ourselves unauthorized to saddle posterity with our 
     debts, and morally bound to pay for them ourselves.''; and
       Whereas state legislatures overwhelmingly recognize the 
     necessity of maintaining a balanced budget; whether through 
     constitutional requirement or by statute, 49 states require a 
     balanced budget; and
       Whereas in promoting the broadest principles of a 
     government of, by, and for the people, one of the core 
     functions of the United States Constitution is to enumerate 
     and limit federal power; and
       Whereas the federal government's unlimited ability to 
     borrow involves decisions of such magnitude, with such 
     potentially profound consequences for the nation and its 
     people, today and in the future, that it is an appropriate 
     subject for limitation by the United States Constitution; and
       Whereas the United States Constitution vests the ultimate 
     responsibility to approve or disapprove amendments to the 
     Constitution with the people of the several states, as 
     represented by their elected legislatures: Now, therefore, be 
     it
       Resolved by the Senate of the One Hundred Fourth General 
     Assembly of the State of Tennessee, the House of 
     Representatives Concurring, that we hereby strongly urge the 
     United States Congress to propose, adopt, and submit to the 
     states for ratification an amendment to the United States 
     Constitution requiring a balanced federal budget on an annual 
     basis, except in times of extreme national emergency; and be 
     it further
       Resolved, that an enrolled copy of this resolution be 
     transmitted to the President and the Secretary of the United 
     States Senate, the Speaker and the Clerk of the United States 
     House of Representatives, and each member of Tennessee's 
     Congressional delegation.
                                  ____

       POM-392. A resolution adopted by the Senate of the General 
     Assembly of the State of Tennessee relative to the 
     ``Constitution Restoration Act of 2005''; to the Committee on 
     the Judiciary.

                       Senate Resolution No. 158

       Resolved by the Senate of the One Hundred Fourth General 
     Assembly of the State of Tennesee, That through passage of 
     this resolution, this body hereby memorializes the United 
     Slates Congress to enact S. 520 and H.R. 1070 of the 109th 
     Congress, which bears the short title ``Constitution 
     Restoration Act of 2005'', and by enacting such legislation 
     protect the ability of the people of our state and nation to:
       (1) Display the Ten Commandments in public buildings and 
     public places in this state and nation;
       (2) Express their faith in public;
       (3) Retain God in the Pledge of Allegiance;
       (4) Retain ``In God We Trust'' as our national motto; and
       (5) Otherwise acknowledge God as the sovereign source of 
     law, liberty, and government in these United States; and be 
     it further
       Resolved, That an enrolled copy of this resolution be 
     transmitted to the Speaker and the Clerk of the United States 
     House of Representatives; the President and the Secretary of 
     the United States House of Representatives; the President and 
     the Secretary of the United States Senate; and to each member 
     of Tennessee's delegation to the United States Congress.
                                  ____
                                  

                          ____________________