[Congressional Record (Bound Edition), Volume 153 (2007), Part 13]
[Senate]
[Pages 17879-17881]
[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-142. A resolution adopted by the Senate of the State of 
     Louisiana urging Congress to fulfill the commitment to the 
     citizens of Louisiana to fully fund recovery from damages 
     resulting from hurricanes Katrina and Rita; to the Committee 
     on Banking, Housing, and Urban Affairs.

                        Senate Resolution No. 53

       Whereas, as a result of these devastating events, the 
     President's Office of Gulf Coast Rebuilding estimated that 
     over one hundred twenty-seven thousand owner-occupied homes 
     received major or severe damage based on the criteria used by 
     the Federal Emergency Management Agency; and
       Whereas, in the aftermath of Hurricane Katrina, President 
     George W. Bush made a commitment to the people of Louisiana, 
     in a nationally-covered statement that the federal government 
     would do what was necessary to provide for the recovery of 
     the state and its citizens; and
       Whereas, the state of Louisiana has always proposed that 
     the Road Home Program pay for owner-occupied uninsured or 
     underinsured wind damage as well as flood damage within the 
     parameters of the program; and
       Whereas, in Action Plan Amendment No.1 proposed by the 
     Louisiana Recovery Authority, captioned Action Plan Amendment 
     for

[[Page 17880]]

     Disaster Recovery Funds for the Road Home Housing Programs, 
     which, according to news releases, was approved by the U.S. 
     Department of Housing and Urban Affairs in May 2006, it was 
     clearly stated the program proposed to provide ``the full 
     proposed assistance to all of the Louisiana homeowners who 
     suffered major or severe damage'' and stated that ``It is the 
     State's policy that participants in the Homeowner Assistance 
     Program deserve a fair and independent estimate or projection 
     of damages from the storm, regardless of the cause of 
     damage''; and
       Whereas, according to federal sources, 43,298 homeowners 
     experienced no major flooding but major or severe wind 
     damage; and
       Whereas, since the adoption of Action Plan Amendment No. 1, 
     the state has experienced increased costs in the program, 
     resulting in a current three billion dollar shortfall, duly 
     from a combination of factors, including an increase in the 
     number of eligible claimants from the original estimates by 
     approximately eleven thousand, more homes severely damaged 
     than originally estimated, increased costs per eligible 
     claimant than originally estimated, lower than anticipated 
     homeowner property insurance claim benefits received from 
     private insurers, and higher than estimated costs of repair 
     and construction. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States and urges and requests the 
     federal administration to fulfill the commitment to the 
     citizens of Louisiana to fully fund recovery from damages 
     resulting from hurricanes Katrina and Rita. 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, to 
     each member of the Louisiana delegation to the United States 
     Congress, and to the President of the United States.
                                  ____

       POM-143. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to take such actions 
     as are necessary to prevent the taxation of rebuilding grants 
     from the state's Road Home program; to the Committee on 
     Finance.

                  Senate Concurrent Resolution No. 25

       Whereas, Louisiana taxpayers have spent countless hours 
     coping with paperwork and bureaucracy that has inconvenienced 
     them since hurricanes Katrina and Rita devastated southern 
     Louisiana in 2005; and
       Whereas, while the grants themselves are not taxable, the 
     Internal Revenue Service says grant recipients who claimed a 
     storm-related casualty loss would be required to consider all 
     or part of the grant as income; and
       Whereas, the average Road Home grant is sixty-five thousand 
     dollars; therefore, some recipients would find themselves 
     bumped up to higher tax brackets and would likely have a 
     higher federal income tax liability; and
       Whereas, the Louisiana Department of Revenue has determined 
     that grants would not constitute income for state purposes. 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorializes the Congress of the United States and the 
     Internal Revenue Service to take such actions as are 
     necessary to prevent the taxation of rebuilding grants from 
     the state's Road Home program. 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, to the Commissioner of the Internal Revenue Service, 
     and to each member of the Louisiana congressional delegation.
                                  ____

       POM-144. A joint resolution adopted by the Senate of the 
     State of Colorado urging Congress to pass the federal 
     ``Gestational Diabetes Act of 2006''; to the Committee on 
     Health, Education, Labor, and Pensions.

                      Senate Joint Memorial 07-005

       Whereas, gestational diabetes is one of the most common 
     issues facing pregnant women and their health care providers, 
     and the prevalence of gestational diabetes is increasing; and
       Whereas, according to the American Diabetes Association, 
     gestational diabetes affects approximately 4-8% of all 
     pregnant women, which is about 135,000 women in the United 
     States each year; and
       Whereas, according to the Colorado Pregnancy Risk 
     Assessment Monitoring System, gestational diabetes affects 
     approximately 7.5% of all pregnant women in Colorado, which 
     is about 5,000 women in Colorado each year; and
       Whereas, women who are overweight or obese are at an 
     increased risk for developing gestational diabetes, and other 
     risk factors include genetics, ethnicity, and maternal age; 
     and
       Whereas, gestational diabetes is associated with more 
     health problems for the mother and child, including an 
     increased risk for birth trauma, induction, and caesarean 
     section; extreme increases in birth weight for children of 
     women who developed gestational diabetes; an increased risk 
     for developing childhood obesity; and putting the mothers and 
     their children at a higher risk of developing Type 2 
     diabetes; and
       Whereas, greater understanding is needed by both patients 
     and health care providers on treating and preventing 
     gestational diabetes, especially as there is disagreement 
     among health care providers about how to treat gestational 
     diabetes and the effectiveness of treatments; and
       Whereas, United States Senator Hillary Rodham Clinton 
     introduced the federal ``Gestational Diabetes Act of 2006'' 
     (GEDI act), which is aimed at lowering the incidence of 
     gestational diabetes, providing funding for research and 
     community education, and preventing women who developed 
     gestational diabetes and their children from developing Type 
     2 diabetes; and
       Whereas, the GEDI act:
       Creates a research advisory committee with representatives 
     from federal agencies and health organizations to develop 
     standardizing procedures for gestational diabetes data 
     collection, to set up a method to track mothers who had 
     gestational diabetes and develop methods to prevent these 
     mothers and their children from developing Type 2 diabetes, 
     and to address factors that influence risks for gestational 
     diabetes; and
       Provides grants to nonprofit organizations and state health 
     agencies to be used for expanding state-based and community-
     based prevention activities and training for health care 
     providers in helping to prevent gestational diabetes; and
       Expands basic, clinical, and public health research on 
     gestational diabetes, including therapies for detecting and 
     treating gestational diabetes, facilitating enrollment in 
     clinical trials for populations that disproportionately 
     suffer from gestational diabetes, developing diagnostics, and 
     understanding factors that influence gestational diabetes; 
     and
       Whereas, the GEDI act is an important step toward a better 
     understanding of gestational diabetes and in lowering the 
     incidence of gestational diabetes in pregnant women. Now, 
     therefore, be it
       Resolved, by the Senate of the Sixty-sixth General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein, That we, the members of the Colorado 
     General Assembly, respectfully request the Congress of the 
     United States, including the members of Colorado's 
     Congressional delegation, to support the proposed 
     ``Gestational Diabetes Act of 2006''. Be it further
       Resolved, That copies of this Joint Memorial be sent to the 
     Colorado Chapter of the American Diabetes Association, the 
     Colorado Diabetes Prevention Control Program, Senator Hillary 
     Rodham Clinton, the President of the United States Senate, 
     the Speaker of the United States House of Representatives, 
     and each member of Colorado's Congressional delegation.
                                  ____

       POM-145. A resolution adopted by the Senate of the State of 
     Louisiana urging Congress to support efforts, programs, 
     services and advocacy of organizations, such as the American 
     Stroke Association, that work to enhance public awareness of 
     childhood stroke; to the Committee on Health, Education, 
     Labor, and Pensions.

                        Senate Resolution No. 87

       Whereas, a stroke, also known as a ``cerebrovascular 
     accident,'' is an acute neurologic injury that occurs when a 
     blood vessel that carries oxygen and nutrients to the brain 
     is either blocked by a clot or bursts; and
       Whereas, a stroke is a medical emergency that can cause 
     permanent neurologic damage or death if not promptly 
     diagnosed and treated; and
       Whereas, twenty-six out of every one hundred thousand 
     newborns and almost three out of every one hundred thousand 
     children have a stroke each year; and
       Whereas, an individual can have a stroke before birth; and
       Whereas, stroke is among the top ten causes of death for 
     children in Louisiana, and twelve percent of all children who 
     experience a stroke die as a result; and
       Whereas, the death rate for children who experience a 
     stroke before the age of one year is the highest out of all 
     age groups; and
       Whereas, many children who experience a stroke will suffer 
     serious, long-term neurological disabilities, including 
     hemiplegia, which is paralysis of one side of the body, 
     seizures, speech and vision problems, and learning 
     difficulties; and
       Whereas, those disabilities may require ongoing physical 
     therapy and surgeries; and
       Whereas, the permanent health concerns and treatments 
     resulting from strokes that occur during childhood and young 
     adulthood have a considerable impact on children, families, 
     and society; and
       Whereas, very little is known about the cause, treatment, 
     and prevention of childhood stroke; and
       Whereas, medical research is the only means by which the 
     citizens of the United States and Louisiana can identify and 
     develop effective treatment and prevention strategies for 
     childhood stroke; and
       Whereas, early diagnosis and treatment of childhood stroke 
     greatly improves the chances that the affected child will 
     recover and not experience a recurrence; and
       Whereas, all citizens of Louisiana are encouraged to learn 
     more about the impact of childhood stroke on our state. 
     Therefore, be it

[[Page 17881]]

       Resolved, That the Senate of the Legislature of Louisiana 
     does hereby urge and request the Congress of the United 
     States to support the efforts, programs, services and 
     advocacy of organizations, such as the American Stroke 
     Association, that work to enhance public awareness of 
     childhood stroke. Be it further
       Resolved, That a copy of this Resolution 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-146. A joint resolution adopted by the Legislature of 
     the State of Montana repealing, rescinding, canceling, 
     voiding, and superseding any and all extant applications by 
     the Legislature of the State of Montana previously made 
     during any legislative session to the Congress to call a 
     convention pursuant to the terms of Article V of the U.S. 
     Constitution for proposing one or more amendments to it; to 
     the Committee on the Judiciary.

                     House Joint Resolution No. 38

       Whereas, the Legislature of the State of Montana, acting 
     with the best of intentions, has, at various times and during 
     various sessions, previously made applications to the 
     Congress of the United States of America to call one or more 
     conventions to propose either a single amendment concerning a 
     specific subject or to call a general convention to propose 
     an unspecified and unlimited number of amendments to the 
     United States Constitution, pursuant to the provisions of 
     Article V of the United States Constitution; and
       Whereas, former Chief Justice of the United States of 
     America Warren E. Burger, former Associate Justice of the 
     United States Supreme Court Arthur J. Goldberg, and other 
     leading constitutional scholars agree that such a convention 
     may propose sweeping changes to the Constitution, any 
     limitations or restrictions purportedly imposed by the states 
     in applying for a convention or conventions to the contrary 
     notwithstanding, thereby creating an imminent peril to the 
     well-established rights of the citizens and the duties of 
     various levels of government; and
       Whereas, the Constitution of the United States of America 
     has been amended many times in the history of this nation and 
     may be amended many more times, without the need to resort to 
     a constitutional convention, and has been interpreted for 
     more than 200 years and has been found to be a sound document 
     that protects the lives and liberties of the citizens; and
       Whereas, there is no need for, and rather there is great 
     danger in, a new Constitution or in opening the Constitution 
     to sweeping changes, the adoption of which would only create 
     legal chaos in this nation and only begin the process of 
     another 2 centuries of litigation over its meaning and 
     interpretation. Now, therefore, be it
       Resolved, by the Senate and the House of Representatives of 
     the State of Montana, That the Legislature does hereby 
     repeal, rescind, cancel, nullify, and supersede to the same 
     effect as if they had never been passed any and all extant 
     applications by the Legislature of the State of Montana to 
     the Congress of the United States of America to call a 
     convention to propose amendments to the Constitution of the 
     United States of America, pursuant to the terms of Article V 
     of the Constitution, regardless of when or by which session 
     or sessions of the Montana Legislature the applications were 
     made and regardless of whether the applications were for a 
     limited convention to propose one or more amendments 
     regarding one or more specific subjects and purposes or for a 
     general convention to propose an unlimited number of 
     amendments upon an unlimited number of subjects. Be it 
     further
       Resolved, That the following resolutions and memorials are 
     specifically repealed, rescinded, canceled, nullified, and 
     superseded: Joint Concurrent Resolution No. 2, 1901; House 
     Joint Resolution No. 1, 1905; Senate Joint Resolution No. 1, 
     1907; House Joint Memorial No. 7, 1911; House Joint 
     Resolution No. 13, 1963; and Senate Joint Resolution No. 5, 
     1965. Be it further
       Resolved, That the Legislature of the State of Montana 
     urges the Legislatures of each and every state that has 
     applied to Congress to call a convention for either a general 
     or a limited constitutional convention to repeal and rescind 
     the applications. Be it further
       Resolved, That the Secretary of State is directed to send 
     copies of this resolution to the Secretary of State of each 
     state in the Union, to the presiding officers of both houses 
     of the Legislatures of each state in the Union, to the 
     President of the United States Senate, to the Speaker of the 
     United States House of Representatives, and to the Montana 
     Congressional Delegation.
                                  ____

       POM-147. A concurrent resolution adopted by the Legislature 
     of the State of Ohio urging Congress to appropriate full 
     funding for the Adam Walsh Act; to the Committee on the 
     Judiciary.

                   Senate Concurrent Resolution No. 7

       Whereas, the Congress of the United States passed the Adam 
     Walsh Child Protection and Safety Act of 2006 (the ``Adam 
     Walsh Act'') on July 25, 2006, to protect the public from sex 
     offenders and offenders against children, and President 
     George W. Bush signed the Adam Walsh Act into law on July 27, 
     2006; and
       Whereas, the Adam Walsh Act establishes a comprehensive 
     national system for the registration of sex offenders and 
     offenders against children that requires the State of Ohio to 
     amend its Sexual Offender Registration and Notification Act; 
     and
       Whereas, the Adam Walsh Act requires the U.S. Attorney 
     General to implement a Sex Offender Management Assistance 
     program through which the U.S. Attorney General may award 
     grants to states to offset the costs of implementing the Adam 
     Walsh Act and may give bonus payments to states that 
     implement the Adam Walsh Act in a specified period of time. 
     Now, therefore, be it
       Resolved, That we, the members of the 127th General 
     Assembly of the State of Ohio, urge the Congress to 
     appropriate full funding for the Adam Walsh Act; and be it 
     further
       Resolved, That the Clerk of the Senate transmit duly 
     authenticated copies of this resolution to the President of 
     the United States, to the members of the Ohio Congressional 
     delegation, to the Speaker and the Clerk of the United States 
     House of Representatives, and to the President Pro Tempore 
     and Secretary of the United States Senate.

                          ____________________