[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[Senate]
[Pages 8323-8333]
[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-100. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to establish a 
     National Military Family Relief Fund and create a simple and 
     cost-effective way for taxpayers to lend a helping hand to 
     military families in need; to the Committee on Armed 
     Services.

                  Senate Concurrent Resolution No. 43

       Whereas, United States service members, especially national 
     guardsmen and reservists, often face a significant salary 
     reduction when called upon to serve our country; and
       Whereas, recent studies show that fifty-five percent of 
     married national guard members and reservists report a loss 
     of income in relation to their civilian jobs when they are 
     called to active duty, and fifteen percent experience a pay 
     cut of thirty thousand dollars or more; and
       Whereas, national guard members and reservists serving in 
     the Global War On Terrorism make up a larger percentage of 
     frontline fighting forces than in any other war in U.S. 
     history; and
       Whereas, all military families deserve thanks and 
     recognition for their sacrifices, and helping to ease the 
     financial pressures that challenge so many of America's 
     finest families must be a top priority; and
       Whereas, U.S. Congressman Bill Foster has introduced House 
     Resolution 5941, legislation designed to provide relief for 
     military families that would allow taxpayers to contribute to 
     a National Military Family Relief Fund by filling a voluntary 
     donation in a check-off box on federal income tax forms; and
       Whereas, the individually determined donation for the 
     National Military Family Relief Fund would be added to the 
     supporter's tax bill or deducted from a rebate allowing U.S. 
     citizens to support military families without placing any 
     extra burden on the federal budget; and
       Whereas, all service members and veterans who are serving, 
     or have served, in Iraq or Afghanistan or other regions of 
     service would be eligible for grants from the National 
     Military Family Relief Fund; and
       Whereas, military family relief funds have already been 
     introduced or established in at least twenty-seven states 
     with citizens, corporations and community organizations 
     proving an eagerness to lend a helping hand by generously 
     donating to military families in need. Therefore, be it

[[Page 8324]]

       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to approve H.R. 5941 to 
     establish a National Military Family Relief Fund and create a 
     simple and cost-effective way for taxpayers to lend a helping 
     hand to military families in need; 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-101. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing support for policies that 
     promote and foster energy innovation development in the state 
     of Utah; to the Committee on Commerce, Science, and 
     Transportation.

                   House Concurrent Resolution No. 15

       Whereas, 23 U.S.C. Sec. 159 requires states to enact 
     legislation requiring the revocation or suspension of an 
     individual's driver license for at least six months upon 
     conviction of any drug-related offense;
       Whereas, 23 U.S.C. Sec. 159 requires withholding 10% of 
     certain federal aid from states that fail to enact this 
     legislation;
       Whereas, the federal government should not dictate policy 
     or legislation of this kind for the state;
       Whereas, for Utah to be exempt from this federal 
     requirement, the Governor must submit to the United States 
     Secretary of Transportation a written certification that he 
     is opposed to the enactment or enforcement of a law related 
     to revocation of a person's driver license for any drug-
     related offense, and also submit a written certification that 
     the Utah Legislature has adopted a resolution expressing 
     opposition to the federal requirement; and
       Whereas, the state of Utah shall enforce its own driver 
     license law, which provides that Utah's Driver License 
     Division is not required to suspend a person's license for a 
     violation of certain drug-related offenses if the violation 
     did not involve a motor vehicle and the convicted person is 
     participating in, or has successfully completed, substance 
     abuse treatment at a licensed substance abuse treatment 
     program that is approved by the Division of Substance Abuse 
     and Mental Health or is participating in, or has successfully 
     completed, probation through the Department of Corrections 
     Adult Probation and Parole: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, declare their opposition to the 
     enactment or enforcement of a federal law mandating, in all 
     circumstances, the revocation or suspension of an 
     individual's driver license upon conviction of any drug-
     related offense; be it further
       Resolved, That the Legislature and the Governor declare the 
     state's determination to enforce its own law on the subject, 
     which provides that persons convicted of certain drug-related 
     offenses will not have their driver licenses revoked or 
     suspended if the violation did not involve a motor vehicle 
     and the convicted person is participating in, or has 
     successfully completed, substance abuse treatment at a 
     licensed substance abuse treatment program that is approved 
     by the Division of Substance Abuse and Mental Health or is 
     participating in, or has successfully completed, probation 
     through the Department of Corrections Adult Probation and 
     Parole; be it further
       Resolved, That a copy of this resolution be prepared and 
     delivered to the Governor of the state of Utah, and that the 
     Governor submit a copy of the resolution to the United States 
     Secretary of Transportation; be it further
       Resolved, That a copy of this resolution be sent to the 
     Utah Department of Transportation and to the members of 
     Utah's congressional delegation.
                                  ____

       POM-102. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to amend federal law to 
     ensure that consumers have the right to access their Fair 
     Isaac Corporation credit scores or any other source for 
     credit scores used by Fannie Mae, Freddie Mac, or Ginnie Mae 
     from the three major credit agencies annually at no cost; to 
     the Committee on Banking, Housing, and Urban Affairs.

                   House Concurrent Resolution No. 7

       Whereas, under the Fair and Accurate Credit Transactions 
     Act of 2003, consumers are entitled to a free credit report 
     once each year from any credit agency, including the nation's 
     three major credit bureaus, which are Experian, Trans Union, 
     and Equifax;
       Whereas, the credit scores used in over 90% of financial 
     transactions, including Fannie Mae, Freddie Mac, and Ginnie 
     Mae, are a version of a Fair Isaac Corporation (FICO) credit 
     score;
       Whereas, FICO's website, www.MyFico.com, is the only 
     location where consumers may access their true FICO credit 
     scores;
       Whereas, FICO takes the credit information furnished by 
     Experian, Trans Union, and Equifax and calculates that 
     information using an algorithm to develop the three credit 
     scores;
       Whereas, after Experian partially severed its relationship 
     with FICO in 2009, consumers can no longer access their FICO/
     Experian credit score;
       Whereas, now consumers can only access their Trans Union/
     FICO and Equifax/FICO credit scores on FICO's website, and 
     they are charged $14.95 each, while lenders and other 
     creditors can still access all three FICO credit scores from 
     the three major credit agencies;
       Whereas, although other companies have developed their own 
     credit scores using their own formulas, ranges, and scores, 
     lenders and creditors and other financial service companies 
     generally do not consider them reliable;
       Whereas, these scores generated by other companies are 
     often found to be substantially different than the FICO 
     credit scores, even though they are widely promoted as the 
     actual consumer credit score;
       Whereas, current federal law should be changed to address 
     the consumers' right to access their FICO credit scores from 
     the three major credit agencies once each year;
       Whereas, when consumers access their free credit report 
     from www.AnnualCreditReport.com, they should be given the 
     right to their FICO credit scores annually at no cost;
       Whereas, credit agencies should not be required to bear any 
     pass through costs from FICO in providing free FICO credit 
     scores once each year to consumers;
       Whereas, credit agencies should allow consumers the right 
     to access their credit scores from each major credit agency 
     used by Fannie Mae, Freddie Mac, and Ginnie Mae; and
       Whereas, by making it possible for consumers to access 
     their credit scores, which are used in almost every financial 
     transaction, true fairness will return to the credit scoring 
     access system: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge the United States Congress 
     to amend federal law to ensure that consumers have the right 
     to access their Fair Isaac Corporation credit scores or any 
     other source for credit scores used by Fannie Mae, Freddie 
     Mac, or Ginnie Mae from the three major credit agencies 
     annually at no cost; 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 to the 
     members of Utah's congressional delegation.
                                  ____

       POM-103. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the President and Congress to 
     refrain from designating new national monuments in the San 
     Rafael Swell area, the Cedar Mesa area, and any other area in 
     Utah; to the Committee on Energy and Natural Resources.

                  Senate Concurrent Resolution No. 11

       Whereas, the Antiquities Act, 16 U.S.C. Sec. 431, empowers 
     the President of the United States to singlehandedly bypass 
     congressional, state, and local land management policies and 
     tie up any federal land in Utah through national monument 
     declarations;
       Whereas, a recent confirmed United States Department of 
     Interior (DOI) internal memorandum declares that the 75-by-40 
     mile San Rafael Swell and surrounding ``canyons, gorges, 
     mesas, and buttes,'' plus an area of unspecified size 
     referred to as the Cedar Mesa area, among others, ``may be 
     good candidates for National Monument designation under the 
     Antiquities Act;''
       Whereas, the San Rafael Swell and surrounding areas and the 
     Cedar Mesa area described in the DOI memorandum are in Emery, 
     Wayne, and San Juan Counties, Utah;
       Whereas, Article I, Section 8, Clause 17 of the United 
     States Constitution grants the United States government the 
     power to exercise exclusive jurisdiction over the District of 
     Columbia and over all ``places purchased by the consent of 
     the Legislature of the State in which the same shall be, for 
     the erection of forts, magazines, arsenals, dock-yards, and 
     other needful buildings'';
       Whereas, no lands in the San Rafael Swell and Cedar Mesa 
     areas of Utah fit into this category;
       Whereas, the United States Constitution delegates to the 
     government of the United States no other power of exclusive 
     jurisdiction over land in Utah, other than that referenced in 
     Article I, Section 8, Clause 17;
       Whereas, the Tenth Amendment to the United States 
     Constitution states, ``The powers not delegated to the United 
     States by the Constitution, nor prohibited by it to the 
     States, are reserved to the States'';
       Whereas, Article IV, Section 4 of the United States 
     Constitution states, ``The United States shall guarantee to 
     every State in the Union a Republican Form of Government'';
       Whereas, the constitutional guarantee to Utah of a 
     republican form of government is abrogated and violated when 
     the President of the United States purports through the 
     Antiquities Act, 16 U.S.C. Sec. 431, to exercise exclusive 
     jurisdiction with the mere stroke of a pen over lands in the 
     San Rafael and Cedar Mesa areas that do not fit the category 
     of Article I, Section 8, Clause 17, exclusive jurisdiction 
     land;
       Whereas, lands in the San Rafael Swell and Cedar Mesa areas 
     of Utah are currently managed by the United States Bureau of 
     Land

[[Page 8325]]

     Management (BLM) pursuant to the Federal Land Policy 
     Management Act (FLPMA) of 1976, and the Act directs the BLM 
     to manage public lands according to Resource Management Plans 
     (RMPs) which ``shall be consistent with State and local plans 
     to the maximum extent [the Secretary of Interior] finds 
     consistent with Federal law and the purpose of [FLPMA]'';
       Whereas, the state of Utah and the counties of Emery, 
     Wayne, and San Juan have recently completed an expensive and 
     protracted multi-year FLPMA and National Environmental Policy 
     Act (NEPA) process with the BLM and the public to revise and 
     update the BLM's RMPs in planning areas which include the San 
     Rafael Swell and Cedar Mesa areas;
       Whereas, the revised RMPs do not call for the creation of 
     national monuments in the San Rafael Swell and Cedar Mesa 
     areas;
       Whereas, creating national monuments in the San Rafael 
     Swell and Cedar Mesa areas would violate and undercut the 
     integrity of the RMPs revision process in Emery, Wayne, and 
     San Juan Counties where the San Rafael Swell and Cedar Mesa 
     areas are situated, and would be inconsistent with the plans 
     and policies of the state of Utah and those counties and 
     their duly elected governmental boards and leaders, all in 
     violation of the constitutional guarantee of a republican 
     form of government as well as violating federal statutory 
     consistency requirements of FLPMA;
       Whereas, a presidential proclamation declaring national 
     monuments in the San Rafael Swell and Cedar Mesa areas would 
     single-handedly bypass the revised RMPs and the universal 
     opposition by the duly elected leaders of the state of Utah 
     and the counties where those lands lie;
       Whereas, a presidential proclamation of this type would 
     constitute an illegitimate arrogation of exclusive 
     jurisdiction over lands by the President, exceeding the 
     bounds of legitimate and lawful authority permitted by the 
     United States Constitution;
       Whereas, the Antiquities Act states, ``The President . . . 
     may reserve as a part [of a national monument] parcels of 
     land, the limits of which in all cases shall be confined to 
     the smallest areas compatible with the proper care and 
     management of the objects to be protected. . . .''
       Whereas, the size of the 1996 Grand Staircase National 
     Monument in Garfield and Kane Counties far exceeded ``the 
     smallest areas compatible'' with the feigned object of that 
     monument;
       Whereas, the size of the San Rafael Swell area stated in 
     the DOI memo, namely 75-by-40 miles plus surrounding canyons, 
     gorges, mesas, and buttes, is staggering in terms of a 
     national monument;
       Whereas, Utah favors protecting the remarkably scenic, 
     recreational, and sensitive areas of the San Rafael Swell and 
     Cedar Mesa areas, however highest and best use of vast tracts 
     of land in those areas is continued grazing and 
     environmentally sensitive energy and mineral development done 
     in such a way as to protect and preserve the scenic and 
     recreational values;
       Whereas, as history has demonstrated in the case of the 
     Grand Staircase National Monument, many thousands of acres of 
     important grazing and mineral and other multiple use 
     resources and values have been closed to reasonable 
     development due to the multi-hundred thousand acre national 
     monument designation;
       Whereas, Senator Bob Bennett has introduced S. 3016 in the 
     United States Senate, which would prohibit the further 
     extension or establishment of national monuments in Utah, 
     except by express authorization of Congress; and
       Whereas, Utah's economy, industry, culture, way of life, 
     and its viability as a sovereign state guaranteed a 
     republican form of government depend on reasonable multiple-
     use access to the BLM lands in the San Rafael Swell and Cedar 
     Mesa areas of the state, most of which will be taken away 
     through national monument designation: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express their opposition to the 
     presidential creation of any large area national monument, as 
     an abuse and violation of the Antiquities Act's smallest-
     area-compatible mandate; be it further
       Resolved, That the Legislature and the Governor oppose the 
     presidential creation of new national monuments in the San 
     Rafael Swell area, Cedar Mesa area, and any other area of 
     Utah; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that this unchecked 
     exercise of power concentrated in the President portends 
     serious consequences for Utah, as nearly 70% of the State is 
     federally owned; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that the exercise of 
     this power would essentially coronate the President, giving 
     him the ultimate ability to determine the fate of nearly 70% 
     of the entire state with the mere stroke of an unchecked 
     presidential pen; be it further
       Resolved, That the Legislature and the Governor urge 
     Congress to check the President's ability to exercise such 
     power by amending the Antiquities Act to clarify its actual 
     intent, which is to establish small discrete monuments or 
     memorials as existed in Utah prior to the unfortunate 
     creation of the 1996 Grand Staircase National Monument; be it 
     further
       Resolved, That the Legislature and the Governor strongly 
     urge the federal government to manage federal public lands in 
     Utah according to state and local government plans, policies, 
     and public input as promised by the Federal Land Policy 
     Management Act of 1976 and the United States constitutional 
     guarantee of a republican form of government on equal footing 
     with all states in the Union, or otherwise convey the federal 
     public lands to Utah for proper care and management, 
     consistent with the original intent of the Constitution's 
     Framers; be it further
       Resolved,  That the Legislature and the Governor express 
     support for S. 3016, introduced in the United States Senate, 
     which would prohibit the further extension or establishment 
     of national monuments in Utah, except by express 
     authorization of Congress; be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-104. A joint resolution adopted by the Legislature of 
     the State of Utah expressing support for the Escalante 
     Heritage/Hole-in-the-Rock Center Board's efforts to preserve 
     the history of the Hole-in-the-Rock pioneers and the 
     settlement of the Escalante area; to the Committee on Energy 
     and Natural Resources.

                     Senate Joint Resolution No. 1

       Whereas, in 1879, citizens of towns throughout Southern 
     Utah answered the call of John Taylor, President of the 
     Church of Jesus Christ of Latter-day Saints, to colonize one 
     of the most remote parts of the Territory of Utah;
       Whereas, taking what these colonizers thought would be a 
     shortcut to the San Juan area, they traveled through the 
     frontier town of Escalante, which was settled in 1876, to the 
     Colorado River where they blasted and chiseled out a road in 
     the crack of the canyon wall, descending one thousand feet to 
     the Colorado River;
       Whereas, while this was the most difficult part of the 
     trek, it was only one of many difficulties they experienced 
     before reaching their destination and establishing a 
     settlement at Bluff, Utah;
       Whereas, what they thought would be a six-week journey took 
     six months;
       Whereas, the road these individuals created on their 
     journey became the first road in the Territory of Utah, 
     traveling from west to east, to be funded by the Legislature, 
     though it cost only a few thousand dollars to purchase 
     dynamite to blast through the walls of the Hole-in-the-Rock;
       Whereas, during the winter of 1879-80, 250 men, women, and 
     children, trailing over 1,000 head of livestock, blazed a 
     trail through 200 miles of the most rugged terrain in the 
     West;
       Whereas, Elizabeth Decker, a member of the colonizing party 
     described it as ``. . . the roughest country you or anybody 
     else ever saw. It's nothing in the world but rocks and holes, 
     hills and hollows'';
       Whereas, during their six-month journey, the San Juan 
     colonizers were tempered like fine steel for the formidable 
     task of tilling the land and establishing law and order;
       Whereas, in reaching the San Juan area, the colonizers 
     demonstrated unwavering faith and devotion to duty and set 
     the standard for future generations;
       Whereas, in 2002, the Church of Jesus Christ of Latter-day 
     Saints donated nine acres of land in Escalante to build a 
     Heritage Center, and also donated a water meter, which was 
     critical in allowing the project to move ahead;
       Whereas, in 2007, the Richfield office of the Utah 
     Department of Transportation granted the Escalante Heritage 
     Center $125,000 to do a feasibility study, which was 
     performed by Landmark Design of Salt Lake City and completed 
     in 2008;
       Whereas, in 2009, the Salt Lake City office of the Utah 
     Department of Transportation granted the Escalante Heritage 
     Center $500,000 to build the first of four phases of the 
     project;
       Whereas, the Escalante Heritage Center is a nonprofit 
     corporation engaged in raising private and public funds to 
     construct and maintain a center dedicated to preserving the 
     history and heritage of the Hole-in-the-Rock pioneers and the 
     Escalante area;
       Whereas, the state transportation improvement program 
     includes $200,000 for preliminary engineering to improve 
     Hole-in-the-Rock Road;
       Whereas, the Bureau of Land Management (BLM) has expressly 
     recognized in an administrative determination in 1988 that 
     Garfield County owns an R.S. 2477 right-of-way for the Hole-
     in-the-Rock Road;
       Whereas, Garfield County, Kane County, and the state of 
     Utah have valid documentation that this road has been in 
     existence since 1879 and has been in continuous use for over 
     131 years;
       Whereas, Garfield County, Kane County, and the state of 
     Utah have expended public

[[Page 8326]]

     tax monies to improve and maintain this road and other R.S. 
     2477 roads in their respective counties for access to BLM and 
     National Park Service-managed lands;
       Whereas, Kane County has filed a Quiet Title Action to 
     secure forever the property right to this road and other 
     roads in the county;
       Whereas, this case, called the Hole-in-the-Rock Quiet Title 
     Action, will be heard in federal court in the near future;
       Whereas, the Garfield County Commission fully supports this 
     endeavor and is the government sponsor of the project;
       Whereas, the Mayor and City Council of Escalante fully 
     support the Escalante Heritage Center in its endeavor to 
     preserve the history and heritage of the area;
       Whereas, the Mormon Pioneer National Heritage Area project 
     has declared the building of the Escalante Heritage Center 
     its top priority project;
       Whereas, the Escalante Heritage Center Board has received 
     letters of support from officials of the Church of Jesus 
     Christ of Latter-day Saints, the offices of both Senators 
     Hatch and Bennett, and the office of Congressman Jim 
     Matheson;
       Whereas, the Escalante Heritage Center Board has the 
     support of officials of the Grand Staircase Escalante 
     National Monument, who feel that a science center on one side 
     of the town of Escalante and a history center on the other 
     side would represent bookends of learning for everyone 
     visiting the area; and
       Whereas, Garfield County has received a letter of support 
     from the Grand Staircase Escalante National Monument for road 
     improvements: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses its support for the Escalante Heritage/Hole-in-the-
     Rock Center Board's efforts to preserve the history of the 
     Hole-in-the-Rock pioneers and the settlement of the Escalante 
     area, and to construct a building in which to tell the story 
     of these historic pioneers and to improve the road over which 
     they traveled; be it further
       Resolved, That a copy of this resolution be sent to the 
     Escalante Heritage Center Board, the Garfield County 
     Commission, the Mayor and City Council of Escalante City, the 
     Richfield and Salt Lake City offices of the Utah Department 
     of Transportation, Landmark Design, the Church of Jesus 
     Christ of Latter-day Saints, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-105. A joint resolution adopted by the Legislature of 
     the State of Utah expressing opposition to participating in 
     the Western Climate Initiative; to the Committee on Energy 
     and Natural Resources.

                     House Joint Resolution No. 21

       Whereas, Utah's location and natural resources are an 
     economic advantage and catalyst for economic growth and 
     opportunity for Utah's citizens through abundant and 
     affordable power, providing the seventh lowest electric rates 
     in the nation;
       Whereas, the nation's coal fired power plants provide for 
     half of the United States' electricity demand, and power 
     generated from Utah's abundant and clean burning coal 
     provides for nearly 90% of the state's power needs;
       Whereas, participation in the Western Climate Initiative 
     (WCI) requires Utah, through public policy, to reduce carbon 
     dioxide emissions without legislative consultation or public 
     input;
       Whereas, there has been no balanced and unbiased economic 
     analysis of the costs associated with carbon reduction 
     mandates, the economic impacts of participation in a regional 
     cap and trade program, and the consequential effect of the 
     increased costs of doing business in Utah;
       Whereas, the credibility of global climate science, data, 
     and modeling that cannot explain declining temperatures over 
     the last decade, coupled with indications that the 
     Intergovernmental Panel on Climate Change has incorporated 
     flawed science to push policymakers, requires reevaluation of 
     the ``consensus'' and full scientific scrutiny of the claims;
       Whereas, forcing business, industry, and food producers to 
     reduce carbon emissions through government mandates and cap 
     and trade policies will increase the cost of doing business, 
     push companies to do business with lower cost states or 
     nations, and increase consumer costs for electricity, fuel, 
     and food;
       Whereas, the Congressional Budget Office warns that the 
     cost of cap and trade policies under consideration for the 
     WCI, and nationally, will be borne by consumers and will 
     place a disproportionately high burden on poorer households;
       Whereas, there are growing scientific concerns that simply 
     implementing carbon reduction in Utah, the United States, or 
     in the developed world will not have a significant impact 
     while countries like China, Russia, Mexico, and India are 
     greatly expanding their carbon footprints;
       Whereas, carbon capture and sequestration are new 
     technologies not yet proven, not yet commercially 
     demonstrated, and facing legal and regulatory challenges;
       Whereas, if all nations globally met a Kyoto-style carbon 
     dioxide reduction, climate temperature would be reduced only 
     0.07 of a degree by 2050, and tremendous economic growth 
     would be sacrificed for very little global warming gain; and
       Whereas, no state or nation has enhanced economic 
     opportunities for its citizens or increased Gross Domestic 
     Product through cap and trade or other radical carbon 
     reduction policies: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the Governor to withdraw Utah from the WCI; be it further
       Resolved, That a copy of this resolution be sent to 
     Governor Herbert, the WCI, the Governor's Blue Ribbon 
     Advisory Council on Climate Change, the International Panel 
     on Climate Change, the United States Environmental Protection 
     Agency, the Utah Department of Environmental Quality, and to 
     the members of Utah's congressional delegation.
                                  ____

       POM-106. A joint resolution adopted by the Legislature of 
     the State of Utah urging the United States Environmental 
     Protection Agency to immediately halt its carbon dioxide 
     reduction policies and programs and withdraw its 
     ``Endangerment Finding'' and related regulations until a full 
     and independent investigation of climate data and global 
     warming science can be substantiated; to the Committee on 
     Energy and Natural Resources.

                     House Joint Resolution No. 12

       Whereas, proposed cap and trade legislation before the 
     United States Congress, together with potential state actions 
     to reduce carbon dioxide (CO2), would result in 
     significantly higher energy costs to American consumers, 
     business, and industry;
       Whereas, the United States Environmental Protection 
     Agency's (EPA) ``Endangerment Finding'' and proposed action 
     to regulate CO2 under the Clean Air Act is based 
     on questionable climate data and would place significant 
     regulatory and financial burdens on all sectors of the 
     nation's economy at a time when the nation's unemployment 
     rate exceeds 10%;
       Whereas, global temperatures have been level and declining 
     in some areas over the past 12 years;
       Whereas, the ``hockey stick'' global warming assertion has 
     been discredited and climate alarmists' carbon dioxide-
     related global warming hypothesis is unable to account for 
     the current downturn in global temperatures;
       Whereas, there is a statistically more direct correlation 
     between twentieth century temperature rise and 
     Chlorofluorocarbons (CFCs) in the atmosphere than 
     CO2;
       Whereas, outlawed and largely phased out by 1978, in the 
     year 2000 CFCs began to decline at approximately the same 
     time as global temperatures began to decline;
       Whereas, emails and other communications between climate 
     researchers around the globe, referred to as ``Climategate,'' 
     indicate a well organized and ongoing effort to manipulate 
     global temperature data in order to produce a global warming 
     outcome;
       Whereas, there has been a concerted effort by climate 
     change alarmists to marginalize those in the scientific 
     community who are skeptical of global warming by manipulating 
     or pressuring peer-reviewed publications to keep contrary or 
     competing scientific viewpoints and findings on global 
     warming from being reviewed and published;
       Whereas, the Intergovernmental Panel on Climate Change 
     (IPCC), a blend of government officials and scientists, does 
     no independent climate research but relies on global climate 
     researchers;
       Whereas, Earth's climate is constantly changing with recent 
     warming potentially an indication of a return to more normal 
     temperatures following a prolonged cooling period from 1250 
     to 1860 called the ``Little Ice Age'';
       Whereas, more than $7 billion annually in federal 
     government grants may have influenced the climate research 
     focus and findings that have produced a ``scientific 
     consensus'' at research institutions and universities;
       Whereas, the recently completed Copenhagen climate change 
     summit resulted in little agreement, especially among growing 
     CO2-emitting nations like China and India, and 
     calls on the United States to pay billions of dollars to 
     developing countries to reduce CO2 emissions at a 
     time when the United States' national debt will exceed $12 
     trillion;
       Whereas, the United States Department of Agriculture 
     estimates that current legislation providing agriculture 
     offsets and carbon credits to reduce CO2 emissions 
     would result in tree planting on 59 million acres of crop and 
     pasture land, damaging America's food security and rural 
     communities;
       Whereas, according to the World Health Organization, 1.6 
     billion people do not have adequate food and clean water; and
       Whereas, global governance related to global warming and 
     reduction of CO2 would ultimately lock billions of 
     human beings into long-term poverty: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the United States Environmental Protection Agency to 
     immediately halt its carbon dioxide reduction policies and 
     programs and withdraw its ``Endangerment Finding'' and 
     related regulations until a full and independent 
     investigation of climate data and global warming science can 
     be substantiated; be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Environmental

[[Page 8327]]

     Protection Agency and to the members of Utah's congressional 
     delegation.
                                  ____

       POM-107. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the United States Government and 
     the Secretary of the Interior to provide continued financial 
     assistance to the unincorporated community of Dutch John, 
     Utah; to the Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 13

       Whereas, the Dutch John Federal Property Disposition and 
     Assistance Act of 1998 disposed of certain federal properties 
     located in Dutch John, Utah, and provided for assistance to 
     Daggett County for the delivery of basic services to the 
     Dutch John community, and for other purposes;
       Whereas, for the purpose of defraying costs of 
     administration and provision of basic community services, an 
     annual payment of $300,000, as adjusted by the Secretary of 
     the Interior for changes in the Consumer Price Index for all-
     urban consumers published by the Department of Labor, has 
     been provided from the Upper Colorado Basin Fund authorized 
     by Section 5 of the Act of April 11, 1956 (70 Stat. 107, 
     chapter 203; 43 U.S.C. 620d), to DaggettCounty, Utah or in 
     accordance with Subsection (c), to Dutch John, Utah, for a 
     period not to exceed 15 years beginning the first January 1 
     that occurs after the date of the effective date of this 
     resolution;
       Whereas, these payments for the purpose of defraying costs 
     of administration and provision of basic community services 
     will terminate December 31, 2013;
       Whereas, Dutch John was established in 1958 by the Bureau 
     of Reclamation to provide housing and serve project 
     construction needs for the construction of Flaming Gorge Dam;
       Whereas, permanent structures for housing, administrative 
     offices, maintenance, and other public purposes continue to 
     be owned and maintained by the Bureau of Reclamation;
       Whereas, during construction of the dam, more than 2,000 
     people were housed in the town;
       Whereas, the Bureau of Reclamation and the United States 
     Forest Service, responsible for land management at Dutch John 
     and surrounding Flaming Gorge National Recreation Area, 
     continue to provide basic services and facilities for the 
     community;
       Whereas, basic services for Dutch John, as well as the 
     operating and administrative costs for the town prior to 
     1998, were financed by the Bureau of Reclamation and the 
     United States Forest Service, then reimbursed by annual power 
     sales revenue;
       Whereas, the federal costs of providing the full range of 
     community facilities and services in Dutch John had 
     substantially grown over the years, and in 1998 approached $1 
     million annually;
       Whereas, currently, Daggett County is providing these basic 
     community services to Dutch John, such as road maintenance, 
     water, and sewer;
       Whereas, to offset these costs, while a traditional 
     community tax base was being established in Dutch John, 
     Daggett County received an annual subsidy that is to last for 
     15 years from public power revenues;
       Whereas, the Dutch John Federal Property Disposition and 
     Assistance Act of 1998 anticipated that in the initial 15-
     year period commercial developments would be established that 
     would help finance local services; and
       Whereas, the commercial developments that were anticipated 
     to occur in Dutch John to help finance local services have 
     not been established: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge the United States 
     Government and the Secretary of the Interior to provide 
     continued financial assistance to the unincorporated 
     community of Dutch John, Utah, in the amount of at least 
     $500,000 annually, as adjusted by the Secretary of the 
     Interior for changes in the Consumer Price Index for all-
     urban consumers published by the Department of Labor, from 
     the Upper Colorado River Basin Fund for a period not to 
     exceed 15 years, for the purpose of defraying costs of 
     administration and the provision of basic community services; 
     be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Secretary of the Interior, the members of 
     Utah's congressional delegation, the United States Forest 
     Service, the Bureau of Reclamation, and the Daggett County 
     Commission.
                                  ____

       POM-108. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing support for the creation of 
     the Statue of Responsibility Monument and recognizing the 
     state of Utah's claim to the honorable moniker as ``Utah--
     Birth Place of the Statue of Responsibility''; to the 
     Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 16

       Whereas, forty years ago, Holocaust survivor and author of 
     ``Man's Search for Meaning'', Dr. Viktor E. Frankl, declared 
     that in order for freedom to endure generation after 
     generation, our liberties need to be lived in terms of 
     responsibleness;
       Whereas, Dr. Frankl then challenged America to create a 
     Statue of Responsibility on the West Coast to complement the 
     message of the Statue of Liberty on the East Coast, and that 
     these two monuments would forever stand as visual reminders 
     of the two principles, liberty and responsibility, required 
     to keep freedom's flame burning bright;
       Whereas, for a nation to endure, at crucial times in its 
     history, its core values must be revisited, reenergized, and 
     reenthroned;
       Whereas, in 1997, internationally renowned Utah sculptor, 
     Gary Lee Price, was commissioned by the Statue of 
     Responsibility Foundation to design the Statue of 
     Responsibility;
       Whereas, Mr. Price's design was approved by the Statue of 
     Responsibility Foundation's Board of Trustees in 2005;
       Whereas, the Statue of Responsibility Foundation has 
     received over $700,000 of in-kind donation support from over 
     20 Utah companies for the completion of the project's initial 
     phase, which was completed in 2008;
       Whereas, Dr. Viktor Frankl's widow, Eleonore Frankl, along 
     with other national and international dignitaries, sits on 
     the Statue of Responsibility Foundation's International Board 
     of Advisors;
       Whereas, the Statue of Responsibility Foundation will begin 
     its national public relations campaign once the host city has 
     been awarded;
       Whereas, much of the $300 million cost to build the Statue 
     of Responsibility monument will be raised in the private 
     sector by individuals, supportive non-profit organizations, 
     and public and private corporations;
       Whereas, the Statue of Responsibility Foundation is in the 
     process of determining which potential host city on the West 
     Coast will be chosen as the resting spot of the monument, and 
     details of the Statue of Responsibility Monument project can 
     be seen on www.SORfoundation.org;
       Whereas, the Statue of Responsibility Foundation will gift 
     to the state of Utah a 30-foot tall replica of the Statue of 
     Responsibility to be located in an appropriate location in 
     the state so that visitors to Utah will be able to see and be 
     reminded of the historic role Utah played in the creation of 
     this historic monument;
       Whereas, the Statue of Responsibility Monument will become 
     an educational and tourism landmark, equal to the Statue of 
     Liberty, and their combined messages will stand as beacons of 
     hope and lasting freedom to citizens of all nations;
       Whereas, Utah will forever be able to lay claim to the 
     moniker ``Utah--Birth Place of the Statue of 
     Responsibility''; and
       Whereas, the value of this moniker to the state of Utah 
     will grow through the years as millions of world visitors 
     tour both the 300-foot tall monument on the West Coast and 
     the 30-foot tall replica in Utah: Now, therefore, be it
       Resolved, That the Legislature of the State of Utah, the 
     Governor concurring therein, express support for the creation 
     of the Statue of Responsibility Monument; be it further
       Resolved, That the Legislature and the Governor recognize 
     the state of Utah's claim to the honorable moniker as 
     ``Utah--Birth Place of the Statue of Responsibility;'' be it 
     further
       Resolved, That the Legislature and the Governor encourage 
     concerned Utahns to assist in the building of what has been 
     called ``the most compelling monument project to freedom of 
     the 21st Century'' in ways that are unique to our private 
     citizens and our corporate citizens; be it further
       Resolved, That a copy of this resolution be sent to the 
     Statue of Responsibility Foundation's organizational leaders, 
     the Statue of Responsibility Foundation's Board of Trustees, 
     and to the members of Utah's congressional delegation.
                                  ____

       POM-109. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the President and Congress to 
     refrain from designating new national monuments in the San 
     Rafael Swell area, the Cedar Mesa area, and any other area in 
     Utah; to the Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 17

       Whereas, the Antiquities Act, 16 U.S.C. Sec. 31, empowers 
     the President of the United States to singlehandedly bypass 
     congressional, state, and local land management policies and 
     tie up any federal land in Utah through national monument 
     declarations;
       Whereas, a recent confirmed United States Department of 
     Interior (DOI) internal memorandum declares that the 75-by-40 
     mile San Rafael Swell and surrounding ``canyons, gorges, 
     mesas, and buttes,'' plus an area of unspecified size 
     referred to as the Cedar Mesa area, among others, ``may be 
     good candidates for National Monument designation under the 
     Antiquities Act'';
       Whereas, the San Rafael Swell and surrounding areas and the 
     Cedar Mesa area described in the DOI memorandum are in Emery, 
     Wayne, and San Juan Counties, Utah;
       Whereas, Article I, Section 8, Clause 17 of the United 
     States Constitution grants the United States government the 
     power to exercise exclusive jurisdiction over the District of 
     Columbia and over all ``places purchased by the consent of 
     the Legislature of the State in which the same shall be, for 
     the erection of forts, magazines, arsenals, dock-yards, and 
     other needful buildings'';

[[Page 8328]]

       Whereas, no lands in the San Rafael Swell and Cedar Mesa 
     areas of Utah fit into this category;
       Whereas, the United States Constitution delegates to the 
     government of the United States no other power of exclusive 
     jurisdiction over land in Utah, other than that referenced in 
     Article I, Section 8, Clause 17;
       Whereas, the Tenth Amendment to the United States 
     Constitution states, ``The powers not delegated to the United 
     States by the Constitution, nor prohibited by it to the 
     States, are reserved to the States'';
       Whereas, Article IV, Section 4 of the United States 
     Constitution states, ``The United States shall guarantee to 
     every State in the Union a Republican Form of Government'';
       Whereas, the constitutional guarantee to Utah of a 
     republican form of government is abrogated and violated when 
     the President of the United States purports through the 
     Antiquities Act, 16 U.S.C. Sec. 431, to exercise exclusive 
     jurisdiction with the mere stroke of a pen over lands in the 
     San Rafael and Cedar Mesa areas that do not fit the category 
     of Article 1, Section 8, Clause 17, exclusive jurisdiction 
     land;
       Whereas, lands in the San Rafael Swell and Cedar Mesa areas 
     of Utah are currently managed by the United States Bureau of 
     Land Management (BLM) pursuant to the Federal Land Policy 
     Management Act (FLPMA) of 1976, and, the Act directs the BLM 
     to manage public lands according to Resource Management Plans 
     (RMPs) which ``shall be consistent with State and local plans 
     to the maximum extent [the Secretary of Interior} finds 
     consistent with Federal law and the purpose of [FLPMA]'';
       Whereas, the state of Utah and the counties of Emery, 
     Wayne, and San Juan have recently completed an expensive and 
     protracted multi-year FLPMA and National Environmental Policy 
     Act (NEPA) process with the BLM and the public to revise and 
     update the BLM's RMPs in planning areas which include the San 
     Rafael Swell and Cedar Mesa areas;
       Whereas, the revised RMPs do not call for the creation of 
     national monuments in the San Rafael Swell and Cedar Mesa 
     areas;
       Whereas, creating national monuments in the San Rafael 
     Swell and Cedar Mesa areas would violate and undercut the 
     integrity of the RMPs revision process in Emery, Wayne, and 
     San Juan Counties where the San Rafael Swell and Cedar Mesa 
     areas are situated, and would be inconsistent with the plans 
     and policies of the state of Utah and those counties and 
     their duly elected governmental boards and leaders, all in 
     violation of the constitutional guarantee of a republican 
     form of government as well as violating federal statutory 
     consistency requirements of FLPMA;
       Whereas, a presidential proclamation declaring national 
     monuments in the San Rafael Swell and Cedar Mesa areas would 
     single-handedly bypass the revised RMPs and the universal 
     opposition by the duly elected leaders of the state of Utah 
     and the counties where those lands lie;
       Whereas, a presidential proclamation of this type would 
     constitute an illegitimate arrogation of exclusive 
     jurisdiction over lands by the President, exceeding the 
     bounds of legitimate and lawful authority permitted by the 
     United States Constitution;
       Whereas, the Antiquities Act states, ``The President . . . 
     may reserve as a part [of a national monument] parcels of 
     land, the limits of which in all cases shall be confined to 
     the smallest areas compatible with the proper care and 
     management of the objects to be protected.
       Whereas, the size of the 1996 Grand Staircase National 
     Monument in Garfield and Kane Counties far exceeded ``the 
     smallest areas compatible'' with the feigned object of that 
     monument;
       Whereas, the size of the San Rafael Swell area stated in 
     the DOI memo, namely 75-by-40 miles plus surrounding canyons, 
     gorges, mesas, and buttes, is staggering in terms of a 
     national monument;
       Whereas, Utah favors protecting the remarkably scenic, 
     recreational, and sensitive areas of the San Rafael Swell and 
     Cedar Mesa areas, however the highest and best use of vast 
     tracts of land in those areas is continued grazing and 
     environmentally sensitive energy and mineral development done 
     in such a way as to protect and preserve the scenic and 
     recreational values;
       Whereas, as history has demonstrated in the case of the 
     Grand Staircase National Monument, many thousands of acres of 
     important grazing and mineral and other multiple use 
     resources and values have been closed to reasonable 
     development due to the multi-hundred thousand acre national 
     monument designation;
       Whereas, Senator Bob Bennett has introduced S. 3016 in the 
     United States Senate, which would prohibit the further 
     extension or establishment of national monuments in Utah, 
     except by express authorization of Congress; and
       Whereas, Utah's economy, industry, culture, way of life, 
     and its viability as a sovereign state guaranteed a 
     republican form of government depend on reasonable multiple-
     use access to the BLM lands in the San Rafael Swell and Cedar 
     Mesa areas of the State, most of which will be taken away 
     through national monument designation: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express their opposition to the 
     presidential creation of any large area national monument, as 
     an abuse and violation of the Antiquities Act's smallest-
     area-compatible mandate; be it further
       Resolved, That the Legislature and the Governor oppose the 
     presidential creation of new national monuments in the San 
     Rafael Swell area, Cedar Mesa area, and any other area of 
     Utah; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that this unchecked 
     exercise of power concentrated in the President portends 
     serious consequences for Utah, as nearly 70% of the State is 
     federally owned; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that the exercise of 
     this power would essentially coronate the President, giving 
     him the ultimate ability to determine the fate of nearly 70% 
     of the entire state with the mere stroke of an unchecked 
     presidential pen; be it further
       Resolved, That the Legislature and the Governor urge 
     Congress to check the President's ability to exercise such 
     power by amending the Antiquities Act to clarify its actual 
     intent, which is to establish small discrete monuments or 
     memorials as existed in Utah prior to the unfortunate 
     creation of the 1996 Grand Staircase National Monument; be it 
     further
       Resolved, That the Legislature and the Governor strongly 
     urge the federal government to manage federal public lands in 
     Utah according to state and local government plans, policies, 
     and public input as promised by the Federal Land Policy 
     Management Act of 1976 and the United States constitutional 
     guarantee of a republican form of government on equal footing 
     with all states in the Union, or otherwise convey the federal 
     public lands to Utah for proper care and management, 
     consistent with the original intent of the Constitution's 
     Framers; be it further
       Resolved, That the Legislature and the Governor express 
     support for S 3016, introduced in the United States Senate, 
     which would prohibit the further extension or establishment 
     of national monuments in Utah, except by express 
     authorization of Congress; be it further
       Resolved, That the Legislature and the Governor express 
     strong opposition to presidential or congressional action 
     that would unnecessarily restrict and reduce public access to 
     federal lands; be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-110. A resolution adopted by the House of 
     Representatives of the State of Utah expressing support for 
     policies that promote and foster energy innovation 
     development in the state of Utah; to the Committee on Energy 
     and Natural Resources.

                         House Resolution No. 8

        Whereas, energy innovation research and development is 
     occurring in universities within the state dealing with 
     creative and revolutionary ways of gathering and utilizing 
     energy from a vast array of sources including solar power, 
     get thermal power, bio fuels, oil shale, underground storage, 
     hydrogen-upgrading, carbon sequestration, carbon capture, 
     nuclear power, and computer simulation of the energy 
     industry;
       Whereas, many agencies and organizations in the state are 
     developing and promoting energy innovation, such as the Utah 
     Geological Survey, the State Energy Program, the Governor's 
     Energy Office, USTAR, the Governor's Office of Economic 
     Development, the Department of Workforce Services, the 
     Department of Administrative Services' Division of Facilities 
     Construction and Management, the Department of Natural 
     Resources' Division of Oil, Gas, and Mining, the Utah 
     Petroleum Association, and the Utah Mining Association;
       Whereas, Utah has the potential to be a world leader in 
     energy innovation and the potential to export its 
     technological advances to other states and countries;
       Whereas, Utah also has the potential to dramatically 
     improve the health, well-being, and general quality of life 
     for people not just in the state but across the world through 
     implementing innovative new technologies and processes that 
     have the capacity to produce cheap, reliable, and clean 
     energy supplies;
       Whereas, another part of Utah's energy policy is to promote 
     the development of resources and infrastructure sufficient to 
     meet the state's growing energy demands, while contributing 
     to the regional and national energy supply and reducing 
     dependence on international energy sources;
       Whereas, another part of Utah's energy policy is to have 
     adequate, reliable, affordable, sustainable, and clean energy 
     resources;
       Whereas, a focus on energy innovation, development, and 
     commercialization in the state has the potential to create 
     jobs and attract future business to Utah; and

[[Page 8329]]

       Whereas, energy innovation has the potential to 
     significantly increase the state's education fund through the 
     wise use of the state's trust lands: Now, therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah expresses support for policies that promote and foster 
     energy innovation development in the state of Utah to 
     increase employment, potentially increase education funding, 
     and make the state a national and international leader in new 
     processes and technologies; be it further
       Resolved, That a copy of this resolution be sent to Utah 
     Geological Survey, the State Energy program, the Governor's 
     Energy Office, USTAR, the Governor's Office of Economic 
     Development, the Department of Workforce Services, the 
     Division of Facilities Construction and Management, the 
     Division of Oil, Gas, and Mining, the Utah Petroleum 
     Association, the Utah Mining Association, and to the members 
     of Utah's congressional delegation.
                                  ____

       POM-111. A joint resolution adopted by the Legislature of 
     the State of Utah urging recovery plan funds be spent on 
     products made or services performed in the United States; to 
     the Committee on Finance.

                     Senate Joint Resolution No. 5

       Whereas, the nation's economic downturn is having a 
     critical impact on everyday Americans who are struggling to 
     maintain or find jobs in an increasingly difficult 
     environment;
       Whereas, these Americans are the taxpayers that provide the 
     revenue needed to operate essential government services;
       Whereas, Congress approved and President Obama signed into 
     law a taxpayer-sponsored economic recovery package that will 
     provide billions of dollars to help economically devastated 
     cities and states immediately provide jobs to millions of 
     out-of-work Americans through considerable infrastructure 
     rebuilding, green energy projects, and other projects that 
     will require manufactured components;
       Whereas, taxpayer dollars should be spent to maximize the 
     creation of American jobs and restore the economic vitality 
     of our communities;
       Whereas, any domestically produced products that are 
     purchased with economic recovery plan monies will immediately 
     help struggling American families and will help stabilize the 
     greater economy; and
       Whereas, any economic recovery plan spending should, to 
     every extent possible, include a commitment from the citizens 
     of Utah and its elected representatives to buy materials, 
     goods, and services for projects from companies that produce 
     within the United States, thus employing the very workers 
     that pay the taxes for the economic recovery spending plan: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     endorses the efforts of its citizens and government, to work 
     to maximize the creation of American jobs and restore 
     economic growth and opportunity by spending recovery plan 
     funds on products and services that both create jobs and help 
     keep Americans employed; be it further
       Resolved, That the Legislature of the state of Utah 
     expresses its commitment to purchase only products and 
     services that are made or performed in the United States 
     whenever and wherever possible with any economic recovery 
     monies provided the state of Utah by American taxpayers, as 
     long as the cost of the product or service is competitive and 
     its quality is equal or comparable to others; be it further
       Resolved, That the Legislature of the state of Utah 
     supports publishing any requests to waive these procurement 
     priorities so as to give American workers and producers the 
     opportunity to identify and provide the American products and 
     services that will maximize the success of the nation's 
     economic recovery program; be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-112. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to improve federal--
     state consultation on international trade, including 
     improving the availability of data to states necessary to 
     evaluate the impact of free trade agreements on economic 
     development within the states and state authority; to the 
     Committee on Finance.

                   House Concurrent Resolution No. 1

       Whereas, the economic prosperity of the United States is 
     best served by embracing free and fair trade in global 
     markets, investing in innovative research and technologies, 
     and providing assistance to workers impacted by technology 
     and trade trends;
       Whereas, expanding trade opportunities for American workers 
     and businesses depends on cooperation between the federal 
     government and the states;
       Whereas, the trade liberalization efforts of the early 
     1990s and trade agreements such as the North American Free 
     Trade Agreement and the World Trade Organization Uruguay 
     Round agreements have increased the need for state 
     policymakers to play a greater role in international trade 
     decisions;
       Whereas, trade liberalization has transformed the 
     historical state-federal division of power into one of 
     necessary and critical partnership, and thereby taxed state 
     agency resources in determining the impact on state laws and 
     regulations;
       Whereas, state sovereignty should be preserved by the 
     federal government in trade promotion activities;
       Whereas, states often lack a clearly defined institutional 
     trade policy structure and resources, making it difficult to 
     handle requests from trading partners and federal agencies, 
     and to articulate to a unified state stance on trade issues;
       Whereas, recent trade agreements have proceeded beyond just 
     discussion of tariffs and quotas and now substantially 
     address and affect government regulation, taxation, 
     procurement, and economic development policies that are 
     historically legislated and implemented at state and local 
     levels;
       Whereas, recent trade agreements that proceed beyond 
     tariffs and quotas intersect with traditional areas of state 
     authority under the Tenth Amendment of the United States 
     Constitution, such as regulating the environment, health, and 
     safety and, thus, have a major impact on the states' 
     continuing authority to legislate and regulate in these 
     areas;
       Whereas, international lawsuits may be brought against the 
     United States alleging that its states and localities have 
     violated trade agreements;
       Whereas, international trade agreements must ensure that 
     non-discriminatory state laws and regulations adopted for a 
     public purpose and with due process are not preempted or 
     otherwise undermined and weakened by international sanctions 
     or penalties;
       Whereas, states' interests must be paramount during the 
     negotiation of international agreements given the direct 
     impact on their police powers, policies, and programs;
       Whereas, there is a need for a strong federal-state trade 
     policy consultation mechanism;
       Whereas, the Intergovernmental Policy Advisory Committee, a 
     state-supported advisory committee to the United States Trade 
     Representative, plays an important role in providing state 
     input to the United States Trade Representative but which is 
     limited in its effectiveness by an inability to share 
     classified information with relevant state officials and 
     members of the general public;
       Whereas, compartmentalization of information within the 
     Intergovernmental Policy Advisory Committee prevents members 
     from gathering important and relevant information from those 
     state officials and members of the general public;
       Whereas, in August 2004, the Intergovernmental Policy 
     Advisory Committee recommended that a federal-state 
     International Trade Policy Commission would be an ideal 
     resource for objective trade policy analysis and would foster 
     communication among federal and state trade policy officials;
       Whereas, the creation of an effective federal-state trade 
     policy infrastructure would assist states in understanding 
     the scope of federal trade efforts, would assist federal 
     agencies in understanding the various state trade processes, 
     and would give states meaningful input into the development 
     and implementation of United States Trade Representative's 
     activities;
       Whereas, federal-state consultation should include the 
     timely and comprehensive sharing of information on the 
     substance and likely impact of trade agreements on state laws 
     and regulations, appropriate use of the state single points 
     of contact, improved trade data to assess the impact of 
     proposed and existing agreements, and a reasonable 
     opportunity for meaningful input by the states; and
       Whereas, in 2006, the Utah State Legislature statutorily 
     created the Utah International Trade Commission to study and 
     make recommendations to the Legislature concerning the impact 
     of international agreements adopted by the United States on 
     the Legislature's constitutional power to regulate state 
     affairs, public and private, and to promote Utah exports: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge Congress to improve 
     federal-state consultation on international trade, including 
     improving the availability of data to states necessary to 
     evaluate the impact of free trade agreements on economic 
     development within the states and state authority; be it 
     further
       Resolved, That copies of this resolution be sent to the 
     members of Utah's Congressional Delegation, the Office of the 
     United States Trade Representative, the Intergovernmental 
     Policy Advisory Committee, the U.S. Senate Finance Committee, 
     the U.S. House Ways and Means Committee, the Speaker of the 
     U.S. House of Representatives, and the President of the U.S. 
     Senate.
                                  ____

       POM-113. A joint resolution adopted by the Legislature of 
     the State of Utah urging Congress to refrain from instituting 
     a new federal review, oversight, or preemption of state 
     health laws, refrain from creating a federal health insurance 
     exchange or connector, and refrain from creating a federal 
     health insurance public plan option; to the Committee on 
     Finance.

[[Page 8330]]



                     House Joint Resolution No. 11

       Whereas, the Tenth Amendment to the United States 
     Constitution states, ``The powers not delegated to the United 
     States by the Constitution, nor prohibited by it to the 
     States, are reserved to the States respectively, or to the 
     people'';
       Whereas, the states primarily regulate today's health 
     insurance market, provide aggressive oversight on all aspects 
     of this market, and enforce consumer protection as well as 
     ensure local, responsive presence for consumers;
       Whereas, the state-based system of health insurance 
     regulation has served all interests well;
       Whereas, the United States Congress is considering 
     legislation that may impose restrictions on states' ability 
     to regulate health plans, including overriding already 
     adopted state patient protections;
       Whereas, Congress is considering legislation that would 
     mandate the purchase of health care insurance by all 
     Americans and require those who do not comply to pay a fine, 
     in effect unfairly forcing Americans to buy health insurance;
       Whereas, the creation of a new federal system of regulation 
     for health insurance would be inefficient, unnecessary, not 
     cost-effective, and an additional burden on the health care 
     delivery system;
       Whereas, private sector health plans are leaders in 
     innovations to improve quality, benefits, and customer 
     service that government-sponsored health plans have been slow 
     to adopt;
       Whereas, Congress is considering legislation that would 
     create a federal health insurance exchange or connector to 
     facilitate the purchase of health insurance by individuals 
     and small employers, including offering a new public plan 
     option;
       Whereas, a federal exchange would create conflicting state 
     and federal rules, resulting in consumer confusion and 
     leading to adverse selection;
       Whereas, a federal exchange would require substantial 
     resources to create a new federal entity that duplicates 
     functions currently performed by states;
       Whereas, a federal exchange would undermine states' 
     oversight role in health insurance and cause a substantial 
     shift in the regulation of the health insurance market from 
     the states to the federal government;
       Whereas, a federal exchange would undermine state authority 
     to design programs that reflect local needs;
       Whereas, a new public plan would not improve competition, 
     but would result in an uneven playing field that would shift 
     costs to the private sector and undermine private plans;
       Whereas, a new public health insurance plan would be 
     subject to constant federal changes; and
       Whereas, a new public plan is unnecessary in light of the 
     private sector's product offerings and innovations: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the United States Congress to refrain from instituting a new 
     federal review, oversight, or preemption of state health 
     insurance laws, refrain from creating a federal health 
     insurance exchange or connector, and refrain from creating a 
     federal health insurance public plan option; be it further
       Resolved, That copies of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, and to the 
     members of Utah's congressional delegation.
                                  ____

       POM-114. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to refuse to enact, and 
     the President of the United States to refuse to sign, any 
     legislation that imposes further restrictions on any state's 
     ability to regulate the payment and delivery of health care, 
     imposes additional financial burden related to health care on 
     any state, or limits the ability of consumers and businesses 
     to create innovative models for higher quality, lower cost 
     health care; to the Committee on Finance.

                   House Concurrent Resolution No. 8

       Whereas, people's health affects not only their sense of 
     well being, but their capacity to contribute to their 
     families, to their employers, and to society at large;
       Whereas, the improvement and maintenance of individual 
     health depends to a significant extent on the widespread 
     availability of affordable, high quality health care;
       Whereas, the widespread availability of affordable, high 
     quality health care is threatened by long-term runaway 
     spending in a system that too often delivers suboptimal care;
       Whereas, runaway spending and suboptimal care are 
     attributable to various factors, but are perpetuated to a 
     large extent by a third-party payer system that fails to 
     reward individual effort to preserve and improve one's health 
     and that fails to reward delivery of the most effective care 
     at the lowest cost;
       Whereas, for many years, Utah has been laying the 
     foundation for genuine long-term health system reform;
       Whereas, this foundation includes the creation of the Utah 
     Health Data Authority in 1990 and the subsequent collection 
     and publication of hospital charges by facility and adjusted 
     for risk;
       Whereas, this foundation includes the establishment in 1993 
     of the Utah Health Information Network, a nationally 
     recognized statewide system for processing health insurance 
     claims at a small fraction of the cost often charged by other 
     claims processors;
       Whereas, this foundation includes the 2005 requirement that 
     the Utah Health Data Authority publish reports that compare 
     health care facilities based on charges, quality, and safety;
       Whereas, this foundation includes the 2007-08 development 
     of an all-payer database that will report payments, as 
     opposed to charges, for entire episodes of medical care, and 
     will ultimately allow consumers to choose from among 
     competing providers of treatments for any particular 
     condition based on outcomes, price, and other attributes 
     important to the consumer;
       Whereas, this foundation includes the 2008-09 creation of 
     the first statewide system in the nation for standardized 
     electronic exchange of clinical health information across 
     provider systems, including exchange of diagnostic test 
     results and electronic medical record information;
       Whereas, this foundation includes the 2008 creation of the 
     Health System Reform Task Force, a legislative body that has 
     engaged consumers, employers, doctors, hospitals, and 
     insurers in a voluntary, cooperative effort spanning two 
     years, and involving thousands of hours, to develop a 
     strategic plan for health system reform;
       Whereas, this foundation includes the 2009-10 creation of 
     payment and delivery reform demonstration projects designed 
     to align third-party payment structures with provider 
     practices that result in the highest quality of care for both 
     chronic and acute conditions;
       Whereas, this foundation includes the 2009 creation of the 
     nation's second-only health insurance exchange, a virtual 
     marketplace where employees may enroll under a defined 
     contribution arrangement, select from a range of plans 
     broader than what an employer traditionally offers, and fund 
     premiums with contributions from multiple sources;
       Whereas, this foundation outlined above is the result of an 
     iterative process of creation and refinement that has relied 
     heavily on the input of all major stakeholders in the health 
     care system and has been established largely on the basis of 
     cooperation and consensus rather than compulsion;
       Whereas, many of the perverse incentives that plague our 
     health care system are rooted in federal Medicare and 
     Medicaid payment policies, which exert a disproportionate 
     influence on the privately funded portions of our health care 
     system;
       Whereas, federal proposals for health system reform 
     recently considered by Congress emphasize enrollment 
     expansion rather than cost containment, much like boarding 
     additional passengers on an already sinking Titanic;
       Whereas, those proposals include laudable authorizations 
     for payment and delivery reform demonstration projects but 
     otherwise largely lack significant cost containment 
     provisions;
       Whereas, those proposals include many provisions to improve 
     quality of care but fall short of the systemic changes needed 
     to fully link outcomes and payment;
       Whereas, states have consistently proven themselves 
     laboratories of policy innovation, in spite of sometimes 
     stifling federal regulatory restrictions;
       Whereas, the best hope for health system reform lies with 
     individual states, where an iterative process of 
     experimentation, evaluation, and modification will minimize 
     the unintended consequences of one-size-fits-all national 
     policies and will produce results worth replicating; and
       Whereas, states are in need of additional financial 
     resources and flexibility to experiment rather than 
     additional benefit mandates, Medicaid eligibility mandates, 
     and rating restrictions, all of which will inevitably drive 
     up health care spending and costs to states: Now, therefore, 
     be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge Congress to refuse to 
     enact, and the President of the United States to refuse to 
     sign, any legislation that imposes further restrictions on 
     any state's ability to regulate the payment and delivery of 
     health care, imposes additional financial burden related to 
     health care on any state, or limits the ability of consumers 
     and businesses to create innovative models for higher 
     quality, lower cost health care; be it further
       Resolved, That the Legislature and the Governor urge that 
     Congress pass, and the President sign, legislation that 
     grants states greater flexibility under federal laws and 
     regulations related to health care and encourages states to 
     create health reform demonstration projects with the 
     potential for replication elsewhere; be it further
       Resolved, That the Legislature and the Governor urge that 
     should Congress pass, and the President sign, legislation 
     that further restricts states in any manner, the legislation 
     recognize states' efforts to reform health care by 
     grandfathering any state laws, regulations, or practices 
     intended to

[[Page 8331]]

     contain costs, improve quality, increase consumerism, or 
     otherwise implement health system reform concepts; 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 President of 
     the United States, and the members of Utah's Congressional 
     delegation.
                                  ____

       POM-115. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to review the GPO and 
     WEP Social Security benefit reductions and to consider 
     eliminating or reducing them by enacting the Social Security 
     Fairness Act of 2009, the Public Servant Retirement 
     Protection Act of 2009, the Windfall Elimination Provision 
     Relief Act of 2009, or a similar instrument; to the Committee 
     on Finance.

                   Senate Concurrent Resolution No. 6

       Whereas, the Congress of the United States has enacted both 
     the Government Pension Offset (GPO), reducing the spousal and 
     survivor Social Security benefit, and the Windfall 
     Elimination Provision (WEP), reducing the earned Social 
     Security benefit for any person who also receives a public 
     pension benefit; and
       Whereas, the intent of Congress in enacting the GPO and the 
     WEP provisions was to address concerns that a public employee 
     who had worked primarily in federal, state, or local 
     government employment might receive a public pension in 
     addition to the same Social Security benefit as a person who 
     had worked only in employment covered by Social Security 
     throughout his career; and
       Whereas, the purpose of Congress in enacting these 
     reduction provisions was to provide a disincentive for public 
     employees to receive two pensions; and
       Whereas, the GPO negatively affects a spouse or survivor 
     receiving a federal, state, or local government retirement or 
     pension benefit who would also be entitled to a Social 
     Security benefit earned by a spouse; and
       Whereas, the GPO formula reduces the spousal or survivor 
     Social Security benefit by two-thirds of the amount of the 
     federal, state, or local government retirement or pension 
     benefit received by the spouse or survivor, in many cases 
     completely eliminating the Social Security benefit; and
       Whereas, nine out of ten public employees affected by the 
     GPO lose their entire spousal benefits, even though their 
     spouses paid Social Security taxes for many years; and
       Whereas, the GPO often reduces spousal benefits so 
     significantly it can make the difference between self-
     sufficiency and poverty; and
       Whereas, the GPO has a harsh effect on thousands of 
     citizens and undermines the original purpose of the Social 
     Security dependent/survivor benefit; and
       Whereas, the GPO negatively impacts approximately 21,900 
     Louisianans; and
       Whereas, the WEP applies to those persons who have earned 
     federal, state, or local government retirement or pension 
     benefits, in addition to working in employment covered under 
     Social Security and paying into the Social Security system; 
     and
       Whereas, the WEP reduces the earned Social Security benefit 
     using an averaged indexed monthly earnings formula and may 
     reduce Social Security benefits for affected persons by as 
     much as one-half of the retirement benefit earned as a public 
     servant in employment not covered under Social Security; and
       Whereas, the WEP causes hard-working individuals to lose a 
     significant portion of the social security benefits that they 
     earn themselves; and
       Whereas, the WEP negatively impacts approximately 18,300 
     Louisianans; and
       Whereas, because of these calculation characteristics, the 
     GPO and the WEP have a disproportionately negative effect on 
     employees working in lower-wage government jobs, like 
     policemen, firefighters, teachers, and state employees; and
       Whereas, many workers rely on Social Security 
     Administration Annual Statements that fail to take into 
     account the GPO and WEP when projecting benefits; and
       Whereas, because the Social Security benefit statements do 
     not calculate the GPO and the WEP, many public employees in 
     Louisiana are unaware that their expected Social Security 
     benefits shown on such statements will be significantly lower 
     or nonexistent due to the service in public employment; and
       Whereas, these provisions also have a greater adverse 
     effect on women than on men because of the gender differences 
     in salary that continue to plague our nation and the longer 
     life expectancy of women; and
       Whereas, Louisiana is making every effort to improve the 
     quality of life of its citizens and to encourage them to live 
     here lifelong, yet the current GPO and WEP provisions 
     compromise that quality of life; and
       Whereas, retired individuals negatively affected by GPO and 
     WEP have significantly less money to support their basic 
     needs and sometimes have to turn to government assistance 
     programs; and
       Whereas, the GPO and the WEP penalize individuals who have 
     dedicated their lives to public service by taking away 
     benefits they have earned; and
       Whereas, our nation should respect, not penalize, public 
     service; and
       Whereas, the number of people affected by GPO and WEP is 
     growing every day as more and more people reach retirement 
     age; and
       Whereas, the GPO and WEP are established in federal law and 
     repeal of the GPO and the WEP can only be enacted by the 
     United States Congress: Now therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to review the 
     GPO and the WEP Social Security benefit reductions and to 
     consider eliminating or reducing them by enacting the Social 
     Security Fairness Act of 2009 (H.R. 235 or S. 484), the 
     Public Servant Retirement Protection Act of 2009 (H.R. 1221, 
     S. 490), the Windfall Elimination Provision Relief Act of 
     2009 (H.R. 2145), or a similar instrument; 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-116. A resolution adopted by the House of 
     Representatives of the State of Utah strongly urging the 
     President to submit the Comprehensive Test Ban Treaty to the 
     United States Senate and the United States Senate to promptly 
     give its advice and consent for ratification of the 
     Comprehensive Test Ban Treaty; to the Committee on Foreign 
     Relations.

                         House Resolution No. 4

       Whereas, a global halt to nuclear weapons testing has been 
     a bipartisan objective of the United States since the late 
     1950s when President Dwight D. Eisenhower sought a 
     comprehensive nuclear test ban;
       Whereas, the United States has not conducted a nuclear 
     weapons test since the United States suspended testing and 
     joined with the Union of Soviet Socialist Republics in a 
     nuclear weapons testing moratorium in September 1992;
       Whereas, the Comprehensive Test Ban Treaty (CTBT) was 
     opened for signature on September 24, 1996, and President 
     Bill Clinton was the first head of state to sign the Treaty;
       Whereas, no nuclear tests have been conducted since that 
     time by the United States, Russia, or China;
       Whereas, as of June 2009, 180 states have signed the CTBT 
     and 148 have ratified it;
       Whereas, ratification of the CTBT would signal a strong 
     commitment by the United States to fulfill its obligations 
     under the Nuclear Non-Proliferation Treaty, prompt 
     ratification by other states which is necessary for the 
     Treaty to enter into force, reinforce the global taboo 
     against nuclear weapons testing, and set an example for the 
     rest of the world;
       Whereas, a global verifiable ban on nuclear weapons testing 
     would prevent potential nuclear powers from proof testing 
     smaller nuclear bombs that can be delivered on ballistic 
     missiles;
       Whereas, United States ratification of the CTBT would be a 
     significant step towards preventing the spread of nuclear 
     weapons, reducing nuclear weapons arsenals worldwide, and 
     building confidence among nations that abolition of nuclear 
     weapons can someday be achieved;
       Whereas, after 1,030 nuclear test explosions, further 
     nuclear weapons testing is not necessary to maintain the 
     integrity, effectiveness, and deterrence value of the 
     existing United States nuclear weapons stockpile, nor is 
     there any new military requirement for new types of United 
     States nuclear warheads;
       Whereas, the United States government acknowledges that 433 
     of 824 United States underground tests have vented radiation 
     to the atmosphere;
       Whereas, as part of its recognition of the 50th anniversary 
     of nuclear weapons testing at the Nevada Test Site, in the 
     2001 General Session, the 54th Legislature of the state of 
     Utah expressed, ``the fervent desire and commitment to assure 
     that such a legacy will never be repeated'';
       Whereas, resumption of United States nuclear weapons 
     testing would place persons downwind of the Nevada test 
     location at risk of exposure to radioactive emissions from 
     possible venting;
       Whereas, citizens of Utah living downwind of the Nevada 
     Test Site have already suffered significant health effects as 
     a result of nuclear weapons testing;
       Whereas, in the best interests of their children and 
     grandchildren, Utah's remaining ``downwinders'' continue to 
     fight the resumption of any nuclear weapons testing;
       Whereas, past nuclear weapons testing at the Nevada Test 
     Site has devastated the health and livelihoods of thousands 
     of Utahns;
       Whereas, in 2005, the 58th Legislature of the state of Utah 
     voted in support of a Concurrent Resolution Opposing Nuclear 
     Testing, articulating that, ``The state of Utah has an 
     obligation to its citizens, especially those who have 
     suffered so much, to do all in its power to ensure that the 
     lingering wounds from nuclear testing are not reopened to 
     afflict both current and future generations'';
       Whereas, the Legislature of the state of Utah supports a 
     strong military defense, but atomic weapons tests are not a 
     necessary component of that defense;

[[Page 8332]]

       Whereas, United States' citizens must not be subjected to 
     the hazards of future nuclear weapons tests;
       Whereas, the CTBT Organization effectively monitors 
     compliance with the CTBT through an International Monitoring 
     System, consisting of 337 stations using state-of-the-art 
     seismic, hydroacoustic, infrasound and radionuclide 
     technologies and capable of detecting and identifying a 
     nuclear weapons test explosion anywhere in the world within 
     hours;
       Whereas, the CTBT is effectively verifiable and would 
     improve the United States' ability to detect, deter, and 
     respond to potential surreptitious nuclear weapons testing by 
     other nations;
       Whereas, Article 9 of the CTBT permits withdrawal by the 
     United States in case extraordinary future developments, 
     including the need to respond to a violation by another 
     nation, were to jeopardize our supreme national interests;
       Whereas, independent expert assessments commissioned by the 
     National Nuclear Security Administration have concluded that 
     measures under the Stockpile Stewardship Program and Life 
     Extension Program can support certification of today's 
     nuclear warheads as safe, secure, and reliable for decades 
     without the need to resort to underground nuclear weapons 
     testing and
       Whereas, the CTBT would increase international safety and 
     security and is in the best interests of Utah, the United 
     States, and the world: Now, therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah strongly urges the President of the United States to 
     submit the Comprehensive Test Ban Treaty to the United States 
     Senate; be it further
       Resolved, That the House of Representatives of the state of 
     Utah strongly urges the United States Senate to promptly give 
     its advice and consent for ratification of the Comprehensive 
     Test Ban Treaty; be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, and to Utah Senators Orrin Hatch and 
     Bob Bennett.
                                  ____

       POM-117. A concurrent resolution adopted by the Legislature 
     of the State of Utah reaffirming friendship with the people 
     of Taiwan and urging the Obama Administration to support 
     Taiwan's meaningful participation in the United Nations 
     specialized agencies, programs, and conventions; to the 
     Committee on Foreign Relations.

                   House Concurrent Resolution No. 11

       Whereas, July 23, 2010, will mark the 30th anniversary of a 
     sister state relationship between Utah and Taiwan;
       Whereas, for the past 30 years, four sister county and 
     sister city relationships with Taiwan have also been 
     strengthened, resulting in better mutual understanding of the 
     economic, social, and cultural heritages of Utah and Taiwan;
       Whereas, in 2008, Taiwan was Utah's third largest export 
     market;
       Whereas, Utah exports to Taiwan have reached $727,000,000, 
     an increase of over 244% since 2007;
       Whereas, Utah companies still have substantial 
     opportunities to expand their businesses and cooperation with 
     Taiwan;
       Whereas, Utah has already attracted investment from several 
     Taiwanese companies, and there is significant potential for 
     Taiwanese enterprises to further boost investment and create 
     jobs in Utah;
       Whereas, in May 2009, the World Health Organization invited 
     Taiwan to attend the 62nd World Health Assembly as an 
     observer;
       Whereas, this development raises the possibility for Taiwan 
     to be meaningfully involved in other United Nations 
     specialized agencies, programs, and conventions;
       Whereas, Taiwan is a key air transport hub in the Asia-
     Pacific region, with approximately 2,600 weekly flights to 
     and from neighboring countries;
       Whereas, the Taipei Flight Information Region under 
     Taiwan's jurisdiction currently serves 12 international and 
     four domestic routes and has 1,350,000 controlled flights 
     passing through every year;
       Whereas, the 2008 statistics from Airports Council 
     International ranked Taiwan's Taoyuan International Airport 
     as the world's 11th largest airport by international cargo 
     volume, and 19th in terms of international passengers 
     services; and
       Whereas, given Taiwan's prominent role in regional air 
     control and transport services, it would be beneficial for 
     Taiwan to have meaningful participation in the International 
     Civil Aviation Organization, in order to safeguard the 
     traveling of passengers from home and abroad: Now, therefore, 
     be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, reaffirm their friendship with 
     the people of Taiwan and urge the Obama Administration to 
     support Taiwan's meaningful participation in United Nations 
     specialized agencies, programs, and conventions; be it 
     further
       Resolved, That the Legislature and the Governor express 
     support for a strong and deepening relationship between Utah 
     and Taiwan; be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States and to the government of 
     Taiwan.
                                  ____

       POM-118. A joint resolution adopted by the Legislature of 
     the State of Utah expressing opposition to the establishment 
     of a National Commission on State Workers' Compensation Laws; 
     to the Committee on Health, Education, Labor, and Pensions.

                     House Joint Resolution No. 10

       Whereas, state workers' compensation laws should provide an 
     injured worker with all reasonable and necessary medical 
     treatment that promotes expeditious healing, a return to 
     work, a fair level of income benefits during disability, and 
     protection against lost wages;
       Whereas, state workers' compensation laws should assure 
     that employees receive just compensation at a cost affordable 
     to employers;
       Whereas, the state-based workers' compensation system has 
     proven over the near-century of its existence to be an 
     effective means of protecting injured workers against the 
     costs of industrial injury, while protecting employers 
     against the unlimited and unpredictable costs of workplace 
     liability;
       Whereas, a state-based benefit delivery system reflects the 
     nature and cost of employment in individual states and is an 
     exemplar of the federal system, in which power is dispersed 
     among the states, facilitating timely response and the 
     ability to tailor remedies to state-specific conditions;
       Whereas, the imposition of federal oversight and 
     development of federal mandates on the state workers' 
     compensation system should be opposed, including any proposed 
     legislation that would unnecessarily increase the federal 
     bureaucracy and create federal regulation in an area where 
     states are currently providing adequate oversight;
       Whereas, federal requirements on the state-based system 
     would create unnecessary imbalances and unintended 
     consequences for a system that has been operating effectively 
     for decades;
       Whereas, a state workers' compensation system, its 
     administration, legal precedents, funding, and fiscal 
     accountability, which is intricately linked to each state's 
     economy, is a much more effective approach m dealing with 
     workers' compensation issues;
       Whereas, the state-based system provides the ability to 
     experiment creatively and borrow from experiences in other 
     states without the burden of a rigid, nationwide, one-size-
     fits-all federal program that is slow to change and 
     administratively cumbersome;
       Whereas, the rights of states and their respective 
     legislatures and stakeholders to review the performance of 
     state-based workers' compensation systems should be 
     preserved;
       Whereas, it is not the province of Congress to interfere 
     with the state administration of workers' compensation: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses strong support for the current state-based workers' 
     compensation system and opposes any proposed federal 
     legislation that would lead to broadening the federal role in 
     that system; be it further
       Resolved, That the Legislature of the state of Utah opposes 
     H.R. 635, introduced in the 111th United States Congress, 
     that would establish a National Commission on State Workers' 
     Compensation Laws, because the Commission's evaluation is 
     intended, and will assuredly lead, to recommendations that 
     would erode the independence of the state-based workers' 
     compensation benefit delivery system, would seek to impose 
     federal benefit delivery system rules, which Congress would 
     be expected to approve, that inherently interfere with state 
     benefit systems, would increase system costs nationwide, and 
     would frustrate efforts of the states to contain costs; be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-119. A joint resolution adopted by the Legislature of 
     the State of Utah urging the United States Department of 
     Veterans Affairs to prioritize Utah for the construction of 
     another veterans' nursing home; to the Committee on Veterans' 
     Affairs.

                      House Joint Resolution No. 9

       Whereas, there is greet need for the construction of an 
     additional nursing home for veterans in Utah;
       Whereas, Utah is still significantly below the nation's 
     average for the total number of needed veterans' nursing 
     homes statewide;
       Whereas, due to the heavy numbers of veterans in the state 
     of Utah, the United States Department of Veterans Affairs 
     should prioritize Utah for the construction of an additional 
     veterans' nursing home;
       Whereas, Utah should also be prioritized based on the 
     absolute promise of the United States Department of Veterans 
     Affairs to reimburse the state for the Veterans' Nursing Home 
     in Ogden;
       Whereas, any and all efforts by the state of Utah to 
     continue to help veterans acquire properties and build a home 
     in central and southern Utah should be encouraged;
       Whereas, the citizens of Utah and the citizens of the 
     United States owe a debt to our veterans of the past, 
     present, and future; and
       Whereas, constructing an additional veterans' nursing home 
     will demonstrate a

[[Page 8333]]

     measure of gratitude for their service: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     strongly encourages the United States Department of Veterans 
     Affairs to prioritize Utah for the construction of another 
     veteran' nursing home; be it further
       Resolved, That the Legislature of the state of Utah 
     encourages any and all efforts by the state of Utah to 
     continue helping veterans acquire properties and build a 
     veterans' nursing home in central and southern Utah; be it 
     further
       Resolved, That copies of this resolution be sent to the 
     United States Department of Veterans Affairs, the Utah 
     Department of Veteran's Affairs, and to the members of Utah's 
     congressional delegation.

                          ____________________