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PETITIONS AND MEMORIALS -- (Senate - April 28, 1999)

Resolved by the House of Representatives of the State of Kansas, the Senate concurring therein, That the Congress of the United

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States direct the EPA to curtail implementation of new restrictions from its reregistration eligibility decision (RED) on phosphine gas that would require a 500-foot buffer zone and other restrictions that effectively preclude the use of aluminum or magnesium phosphide in most Kansas grain storage facilities and grain transportation; and be it further

   Resolved, That Congress direct the EPA to ensure that risk mitigation allowances for aluminum and magnesium phosphides are clearly demonstrated as necessary to protect human health, are based upon sound science and reliable information, are economically and operationally reasonable and will permit the continued use of these products in accordance with the label; and

   Whereas, The Food Quality Protection Act of 1996 (FQPA ) was signed into law on August 3, 1996; and

   Whereas, The FQPA institutes changes in the types of information the Environmental Protection Agency (EPA) is required to evaluate in the risk assessment process for establishing tolerances for pesticide residues in food and feed; and

   Whereas, The FQPA was to assure that pesticide tolerances and policies are formulated in an open and transparent manner; and

   Whereas, The FQPA further emphasizes the need for reliable information about the volume and types of pesticides being applied to individual crops and what residues can be anticipated on these crops; and

   Whereas, Risk estimates based on sound science and reliable real-world data are essential to avoid misguided decisions, and the best way for the EPA to obtain this data is to require its development and submission by the registrant through the data call-in process; and

   Whereas, The implementation of FQPA by the EPA could have a profound negative impact on domestic agriculture production and on consumer food prices and availability; and

   Whereas, The possibility of elimination of these products will result in fewer pest control options for the United States and Kansas and significant disruption of successful integrated pest management programs which would be devastating to the economy of our state and jeopardize the very livelihood of many of our agricultural producers; and

   Whereas, The absence of reliable information will result in fewer pest control options for urban and suburban uses, with potential losses of personal property and increased costs for human health concerns: Now, therefore, be it

   Resolved by the Senate of the State of Kansas, the House of Representatives concurring therein, That the EPA should be directed by Congress to immediately initiate appropriate administrative rulemaking to ensure that the policies and standards it intends to apply in evaluating pesticide tolerances are subject to thorough public notice and comment prior to final tolerance determinations being made by the agency; and

   Be it further resolved, That the EPA use sound science and real-world data from the data call-in process in establishing realistic models for evaluating risks; and

   Be it further resolved, That the United States Department of Agriculture (USDA) establish FQPA as a priority and that EPA be required to have reliable pesticide residue data and other FQPA data on the specific crop affected by any proposed restriction, before, EPA imposes restriction of a pesticide under FQPA ; and

   Be it further resolved, That the EPA should be directed by Congress to implement the FQPA in a manner that will not disrupt agricultural production nor negatively impact the availability, diversity and affordability of food; and be it further

   Resolved, That Congress should immediately conduct oversight hearings to ensure that actions by EPA are consistent with FQPA provisions and Congressional intent; and

   Be it further resolved, That the Secretary of State be directed to send enrolled copies of this resolution to the President of the United States, the administrator of the Environmental Protection Agency, the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the United States Department of Agriculture and to each member of the Kansas Congressional Delegation.

--

   POM-67. A joint resolution adopted by the Legislature of the State of Maine; to the Committee on Foreign Relations.

   Joint Resolution No. 1373

   Whereas, children's rights require special protection and continuous improvement all over the world, as well as calling for the development and education of children in conditions of peace and security; and

   Whereas, the United Nations has proclaimed that the period of childhood is entitled to special care and assistance; and

   Whereas, the child should grow up in a family environment with happiness, love and understanding; and

   Whereas, the child should be fully prepared to live the life of an individual in society; and

   Whereas, the child should be brought up with dignity in a spirit of peace, tolerance, freedom, equality and solidarity; and

   Whereas, in all countries of the world, there are children living in exceptionally difficult conditions; and

   Whereas, it is important to have international cooperation in order to improve the living conditions of children in every country, in particular in the developing countries; and

   Whereas, the United Nations Convention on the Rights of the Child has broken all records as the most widely ratified human rights treaty in history; and

   Whereas, the convention is the most rapidly and widely adopted human rights treaty in history with 191 States Parties; and

   Whereas, only 2 countries have not ratified this agreement, Somalia and the United States; and

   Whereas, the uniqueness of the treaty is that it is the first legally binding international instrument to incorporate the full range of children's human rights, which include civil and political rights as well as their economic, social and cultural rights, thus giving all rights equal emphasis; now, therefore, be it

   Resolved, That We, your Memorialists, request the President of the United States and the United States Congress to ratify the United Nations Convention on the Rights of the Child; and be it further

   Resolved, That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable William J. Clinton, President of the United States; the President of the United States Senate; the Speaker of the House of Representatives of the United States; the United Nations Secretary-General Kofi Annan; each Member of the Maine Congressional Delegation; the Speaker of the House or the equivalent officer in the 49 other states; and the President of the Senate or the equivalent officer in the 49 other states.

--

   POM-68. A resolution adopted by the Senate of the Legislature of the State of Georgia; to the Committee on Banking, Housing, and Urban Affairs.

   Senate Resolution No. 1241

   Whereas, the Federal Reserve, the Federal Deposit Insurance Corporation, the Office of the Comptroller General, and the Office of Thrift Supervision proposed a ``Know Your Customer'' section of the Bank Secrecy Act on December 7, 1998, which seeks to determine the banking characteristics of its customers; and

   Whereas, the ``Know Your Customer'' regulations will require banks to learn and recognize a customer's normal and expected transactions; and

   Whereas, the ``Know Your Customer'' regulations will require banks to obtain knowledge regarding the legitimate activities of their customers; and

   Whereas, the ``Know Your Customer'' regulations will require banks to report any unusual or suspicious transactions to as yet to be determined FDIC agencies existing suspicious activity reporting regulation; and

   Whereas, there are already sufficient regulations in place to ensure that financial crimes are detected, and the ``Know Your Customer'' regulations are not needed and are in fact dangerous to a society where privacy is valued; and

   Whereas, the ``Know Your Customer'' regulations constitute a clear violation of banking patrons privacy and therefore, must not be allowed to pass in any form. Now, therefore, be it

   Resolved by the Senate, That the members of this body encourage the Congress of the United States to act swiftly to prevent the passage of any such legislation under the ``Know Your Customer'' designation; and be it further

   Resolved, That the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the directors of the Federal Reserve, the Federal Deposit Insurance Corporation, the Office of the Comptroller General, the Office of Thrift Supervision, and all members of the Georgia Congressional Delegation.

--

   Senate Resolution No. 128

   Whereas, the Food Quality Protection Act of 1996 (FQPA ) was signed into law on August 3, 1996, by President Clinton; and

   Whereas, the FQPA establishes new safety standards that pesticides must meet to be newly registered or to remain on the market; and

   Whereas, the FQPA requires the Environmental Protection Agency (EPA) to ensure that all pesticide tolerances meet these new FQPA standards by reassessing one-third of the 9,700 existing pesticide tolerances by August, 1999, and all existing tolerances within ten years; and

   Whereas, the FQPA institutes changes in the types of information the EPA is required to evaluate in the risk assessment process for establishing tolerances for pesticide residues in food and feed; and

   Whereas, the FQPA was designed to ensure that pesticide tolerances and policies are formulated in an open and public manner; and

   Whereas, the FQPA further emphasizes the need for reliable information about the volume and types of pesticides being applied to individual crops and what residues can be anticipated on these crops; and

   Whereas, risk estimates based on sound science and reliable, real-world data are essential to avoid misguided decisions, and the best way for the EPA to obtain this data is to require development and submission of such data by the registrant through the data call-in process; and

   Whereas, the ill considered implementation of FQPA by the EPA could have a profound negative impact on domestic agricultural production and on consumer food prices and availability; and

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   Whereas, the possibility of elimination of these products will result in fewer pest control options for the United States and Georgia and significant disruption of successful integrated pest management programs which would in turn be devastating to the economy of our state and jeopardize the very livelihood of many of our agricultural producers; and

   Whereas, the absence of reliable information is expected to result in fewer pest control options for urban and suburban uses, with potential losses of personal property, damage to valuable recreational areas and managed green space, and increased human health concerns. Now therefore be it

   Resolved by the Senate, That the members of this body urge Congress to direct the EPA to immediately initiate appropriate public administrative guidance or rule-making to ensure that the policies, standards, and procedures it intends to apply in reassessing existing pesticide tolerances are subject to thorough public notice and comment prior to final tolerance determinations being made by the agency; and be it further

   Resolved, That Congress should direct the EPA to use sound science and real-world data from the data call-in process in establishing realistic models for evaluating risks; and be it further

   Resolved, That Congress should direct the EPA to implement the FQPA in a manner that will not disrupt agricultural production nor negatively impact the availability, diversity, and affordability of food, threaten public health, nor diminish the quality of valuable recreational areas and managed green spaces; and be it further

   Resolved, That Congress should immediately conduct oversight hearings to ensure that actions by EPA are consistent with FQPA provisions and congressional intent; and be it further

   Resolved, That the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Georgia congressional delegation, the EPA Administrator, Vice President Al Gore, and the Secretary of Agriculture.

--

   POM-69. A joint resolution adopted by the Legislature of the Commonwealth of Virginia; to the Committee on Environment and Public Works.

   Senate Joint Resolution No. 407

   Whereas, Virginia ranks second in the nation in the amount of municipal waste imported from other states, and the tonnage imported is likely to increase as other states close landfills; and

   Whereas, the negative impacts of truck, rail, and barge traffic and litter, odors, and noise associated with waste imports occur not just at the location of final disposal but also along waste transportation routes; and

   Whereas, current landfill technology has the potential to fail, leading to long-term cleanup and other associated costs; and

   Whereas, the importation of waste runs counter to the repeatedly expressed strong desire of Virginia's citizens for clean air, land, and water and for the preservation of Virginia's unique historic and cultural character, and it is essential to promote and preserve these attributes; and

   Whereas, the Commonwealth has demonstrated the ability to attract good jobs and to promote sound economic development without relying on the importation of garbage; and

   Whereas, in 1995, 23 state governors wrote to the Commerce Committee of the United States House of Representatives urging passage of legislation allowing states and localities the power to regulate waste entering their jurisdictions; and

   Whereas, legislation is pending before the Commerce Committee of the United States House of Representatives that would provide states and localities with the authority to control the importation of waste, a power that is essential to the public health, safety, and welfare of all citizens of Virginia; now, therefore, be it

   Resolved by the Senate, the House of Delegates concurring, That the Congress of the United States be urged to enact legislation giving states and localities the power to control waste imports into their jurisdictions, including the following provisions: (i) a ban on waste imports in the absence of specific approval from the disposal site host community and governor of the host state; (ii) authorization for governors to freeze solid waste imports at 1993 levels; (iii) authorization for states to consider whether a disposal facility is needed locally when deciding whether to grant a permit; and (iv) authorization for states to limit the percentage of a disposal facility's capacity that can be filled with waste from other states; and, be it

   Resolved further, That the Clerk of the Senate transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation in order that they may be apprised of the sense of the Virginia General Assembly in this matter.


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