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PETITIONS AND MEMORIALS -- (Senate - June 09, 1999)

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   The following petitions and memorials were laid before the Senate and were referred or ordered to lie on the table as indicated:

   POM-172. A petition from citizens of the State of Tennessee relative to the President of the United States; ordered to lie on the table.

   POM-173. A resolution adopted by the House of the Legislature of the State of Hawaii relative to the Food Quality Protection Act; to the Committee on Agriculture, Nutrition, and Forestry.

   Resolution No. 56

   Whereas, the safe and responsible use of pesticides for agricultural, food safety, structural, public health, environmental, and other purposes has significantly advanced the overall welfare of Hawaii's citizens and the environment; and

   Whereas, the 1996 Food Quality Protection Act (FQPA ) establishes new safety standards that pesticides must meet to be newly registered or remain on the market; and

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

   Whereas, risk determinations based on sound science and reliable real-world data are essential for accurate decisions, and the best way for EPA to obtain this data is to require its development and submission by the registrants through the data call-in process; and

   Whereas, risk determination made in the absence of reliable, science-based information is expected to result in the needless loss of pesticides and certain uses of other pesticides; and

   Whereas, the needless loss of pesticides and certain pesticide uses will result in fewer pest control options for Hawaii and would be harmful to the economy of Hawaii by jeopardizing agriculture, one of the few industries that has shown great strength during the recent years of the State's flat economy, and fewer pest control options for urban and suburban uses that will result in significant loss of personal property and increased human health concerns; and

   Whereas, the needless loss of pesticides will jeopardize the state and county government's ability to protect public health and safety on public property and to protect our natural environmental resources, for example, from aggressive alien species; and

   Whereas, the flawed implementation of FQPA is likely to result in significant increases in food costs to consumers, thereby putting the nutritional needs of children, the poor, and the elderly at unnecessary risk; and

   Whereas, the Clinton Administration has directed EPA and the U.S. Department of Agriculture (USDA) to jointly work toward implementing FQPA in a manner that assures that children will be adequately protected and that risk determinations related to pesticide tolerances and registrations will be based on accurate, science-based information; and

   Whereas, the cost of developing data to quantify real-world risk is prohibitive and minor use data may not be financed by pesticide registrants and the State, and pesticide users may fund studies to support minor uses: Now, therefore, be it

   Resolved by the House of Representatives of the Twentieth Legislature of the State of Hawaii, Regular Session of 1999, That the U.S. Congress is hereby respectfully requested to direct the Administrator of the EPA to:

   (1) initiate rulemaking to ensure that the policies and standards EPA intends to apply in evaluating pesticide tolerances and making realistic risk determinations are based on accurate information, real-world data available through the data call-in process, and sound science, and are subject to adequate public notice and comment before EPA issues final pesticide tolerance determinations;

   (2) Provide interested persons the opportunity to produce data needed to evaluate pesticide tolerances so that EPA can avoid making faulty final pesticide tolerance determinations based upon unrealistic default assumptions;

   (3) Implement FQPA in a manner that will not adversely disrupt agricultural production nor adversely effect the availability or diversity of the food supply, nor jeopardize the public health or environmental quality through the needless loss of pesticide tolerances for non-agricultural activities;

   (4) Delay the August 1999, deadline until 2001 or until EPA, USDA, industry leaders, and manufacturers can provide science-based data as to use, application, and residue of the pesticides under review; and

   (5) Implement the registration of new crop protection products for minor and major crops; and be it further

   Resolved, That pesticide registrants and EPA are requested to support minor use registrations by reserving a meaningful portion of the risks projected from the use of pesticides or a class of pesticides for minor uses; and be it further

   Resolved, That certified copies of the Resolution be transmitted to the Speaker of the U.S. House of Representatives, the President of the U.S. Senate, members of Hawaii's Congressional Delegation, the Administrator of EPA, the Secretary of the U.S. Department of Agriculture, the Governor of the State of Hawaii, and the President of the American Crop Protection Association.

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   POM-174. A concurrent resolution adopted by the Legislature of the State of Louisiana relative to post-harvest treatment of oysters and other shellfish; to the Committee on Health, Education, Labor, and Pensions.

   House Concurrent Resolution No. 106

   Whereas, American consumers have always enjoyed and depended on the availability of choice in their consumption of various products, and consumption of oysters and other shellfish have always been a special treat for American consumers throughout the country; and

   Whereas, emerging technologies have made it possible for consumers of oysters and other shellfish to choose between the traditional raw shellfish product and shellfish

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products which have been treated or pasteurized; and

   Whereas, because a very small segment of American consumers have health considerations which must be weighed while others have concerns about the change in the condition, taste, texture, and price of treated shellfish, the ability to make a choice between these consideration should be maintained; and

   Whereas, America's shellfish industry is heavily populated with small self-employed harvesters and producers for which the added expense of required post-harvest treatment of their product might make the difference between continued operation and a harvester having to find employment in another industry; and

   Whereas, America's oyster and shellfish industry has worked diligently to educate consumers with certain health conditions about the risks associated with the consumption of certain types of shellfish, and these education efforts have been highly successful in the reduction of health impacts from the consumption of shellfish: Therefore be it

   Resolved, That the Louisiana Legislature does hereby memorialize the United States Congress to oppose U.S. Food and Drug Administration rules requiring post-harvested treatment of oysters and other shellfish; and be it further

   Resolved, That a copy of this Resolution be transmitted to the presiding officers of the Senate and the House of Representatives of the Congress of the United States of America and to each member of the Louisiana congressional delegation.

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   POM-175. A resolution adopted by the Legislature of Guam relative to job-training and unemployment; to the Committee on Energy and Natural Resources.

   Resolution No. 101 (LS)

   Be it resolved by I Liheslaturan Gua 7han:

   Whereas, Guam is in the midst of a severe economic recession at the same time that the mainland United States is enjoying unprecedented prosperity, with unemployment officially pegged at fourteen percent (14%), but likely higher; and

   Whereas, as a result of the economic crisis in Asia, Guam has seen alarmingly steep declines in tourism arrivals, tourist spending and off-Island investment; and

   Whereas, major airlines have reduced the number of flights to and from Guam, resulting in major layoffs in those airlines; and

   Whereas, other major businesses on Guam, in all sectors, have also downshzed a considerable number of employees; and

   Whereas, numbers of temporary government of Guam employees are likely to lose their positions over the balance of the year; and

   Whereas, the downsizing of the military presence on Guam has resulted in the loss of thousands of Federal civil service positions on Guam; and

   Whereas, in contrast to the National trend, welfare and food stamp recipients on Guam are increasing; and

   Whereas, the continued decline in government of Guam revenues due to the economic recession extremely limits the ability of the government of Guam to help these thousands of people in need; and

   Whereas, Guam requires more job-training and job-partnership programs in order to train our displaced workforce in areas where career development in the private sector is likely and to upgrade work skills for displaced employees, for the purpose of developing long-term private sector careers for our underemployed people; and

   Whereas, the illegal immigration of more than two thousand (2,000) individuals from China further compounds the problem by straining local resources and further limiting the amount of available jobs as a certain number of illegal aliens may be occupying jobs, especially in the construction industry; and

   Whereas, the Compacts of Free Association, which allow for open migration from the Freely Associated States, also have impact in this area during such tough economic times: Now, therefore, be it

   Resolved, That I Mina'Bente Sinko Na Liheslaturan Gua 7han (Twenty-Fifth Guam Legislature) does hereby, on behalf of the people of Guam, respectfully request the Congress of the United States of America to authorize I Liheslaturan Gua 7han (Guam Legislature) to appropriate some or all of the Ten Million Dollars ($10,000,000), currently earmarked to Guam for infrastructure costs due to the impact of the Compacts of Free Association, for use in job training and job development, entrepreneurial and business development programs as shall be enacted by the laws of Guam; and be it further

   Resolved, That I Mina'Bente Sinko Na Liheslaturan Gua 7han does hereby, on behalf of the people of Guam, respectfully request the Guam Delegate to the United States House of Representatives to sponsor such amendment to the Department of the Interior Fiscal Year 2000 budget, and fully support this Resolution in the U.S. Congress; and be it further

   Resolved, That the Speaker certify, and the Legislative Secretary attests to, the adoption hereof and that copies of the same be thereafter transmitted to the Honorable William Jefferson Clinton, President of the United States; to the Honorable Albert Gore, Jr., President of the United States Senate; to the Honorable J. Dennis Hastert, Speaker of the United States House of Representatives; to the Honorable Bruce Babbit, Secretary of the United States Department of the Interior; to the Honorable Robert A. Underwood, Guam Congressional Delegate to the U.S. House of Representatives; and to the Honorable Carl T.C. Gutierrez, I Maga'lahen Gua 7han (Governor of Guam).

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   POM-176. A joint resolution adopted by the Legislature of the State of Colorado relative to the Postal Rate Commission; to the Committee on Governmental Affairs.

   Senate Joint Resolution 99-027

   Whereas, The United States Postal Service, an agency of the federal government, holds a monopoly on first-class mail and certain bulk mail services and generates annual multi-million dollar surpluses from its services; and

   Whereas, The United States Postal Service has in recent years expanded its activities beyond its core mission of universal mail service to include many competitive and nonpostal related business products and services, such as consumer goods, telephone calling cards, and cellular towers, in direct competition with Colorado private sector enterprises; and

   Whereas, The United States Postal Service has used surplus revenues from universal mail service to expand into these competitive and nonpostal activities with no evidence that these activities benefit the citizens of Colorado by improving regular mail service; and

   Whereas, The United States Postal Service enjoys monopoly advantages in the marketplace over private sector enterprises, with its ability to maintain lower prices for competitive products due to the multi-million dollar surpluses generated from first-class postage; and

   Whereas, The United States Postal Service enjoys many marketplace advantages not available to private sector enterprises, including exemptions from state and local taxes, parking fees, local zoning ordinances, vehicle use taxes, vehicle licensing fees, and other state and local government regulations, that deprive Colorado state and local governments of needed revenue and fees to offset the effect of the United States Postal Service's operations on highways, law enforcement, and air quality; and

   Whereas, The Postal Rate Commission does not have binding authority over the actions or activities of the United States Postal Service related to setting postal rates, entering new business sectors, or using surplus revenues from first-class mail to compete with the private sector: Now, therefore, be it

   Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado, the House of Representatives concurring herein, That we, the members of the Sixty-second General Assembly, hereby urge the United States Congress, particularly the members for Colorado's Congressional delegation, to introduce and pass legislation in the 106th Congress to strengthen the oversight power and the authority of the Postal Rate Commission to include:

   (1) Subpoena power to examine all records and financial data of the United States Postal Service in order to make informed decisions on postal rate increases, pricing actions, and product offerings;

   (2) Jurisdiction and final approval authority on all domestic and international postal rate adjustments; and

   (3) Authority over all competitive and nonpostal business endeavors, including all products and services outside the scope of universal mail service; and be it further

   Resolved, That copies of this Joint Resolution be sent to each member of the United States Congress.

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   POM-177. A joint resolution adopted by the Legislature of the State of Colorado relative to post-census local review; to the Committee on Governmental Affairs.

   Senate Joint Resolution 99-032

   Whereas, The decennial census provides the foundation of our electoral democracy; and

   Whereas, The decennial census represents an immense mobilization of resources; and

   Whereas, The success of the 2000 census depends upon the cost involvement of local governments before, during, and after the census; and

   Whereas, Local governments must have trust in all aspects of the 2000 census, including the final numbers; and

   Whereas, The precensus program known as the ``Local Update of Census Addresses,'' or ``LUCA,'' is a good program but inadequate without a final review; and

   Whereas, Over 21,000 local governments are currently not participating in the LUCA program; and

   Whereas, The Census Bureau involved local governments in a program known as ``Post-Census Local Review'' during the 1990 census; and

   Whereas, The Census Bureau has discontinued this valuable program for the 2000 census, to the displeasure of most cities in the United States; and

   Whereas, In the 1990 census, 80,000 households that would otherwise have been missed were added to the final count, despite a 15-day time limit, through Post-Census Local Review; and

   Whereas, Every household missed contributes to the undercount; and

   Whereas, Congress must make every legal effort to have the most accurate census possible; and

   Whereas, Congress is considering legislation, known as the ``Local Quality Control

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Act,'' H.R. 472, to reinstate the Post-Census Local Review program and give the option to 39,000-plus local governments to check for Census Bureau mistakes before the numbers become final; and

   Whereas, The National League of Cities, which represents 17,000 cities, enthusiastically supports Post-Census Local Review and H.R. 472; and

   Whereas, The National Association of Towns and Townships, which represents 11,000 mostly rural towns and townships, supports Post-Census Local Review and H.R. 472; and

   Whereas, The National Association of Developmental Organizations, whose members represent approximately 77 million Americans, or one-third of the U.S. population, supports Post-Census Local Review and H.R. 472; and

   Whereas, The Secretary of Commerce's Census 2000 Advisory Committee recommended that he reinstate Post-Census Local Review for the 2000 census; and

   Whereas, Without Post-Census Local Review, local governments will not have a final check before the Census Bureau's count of their cities or towns is reported to the President of the United States: Now, therefore, be it

   Resolved by the Senate of the Sixty-second General Assembly of the State of Colorado, the House of Representatives concurring herein, That the Sixty-Second General Assembly of the State of Colorado hereby declares its support for the immediate passage of Post-Census Local Review legislation, H.R. 472, as an important local government tool to instill trust in the census process and ensure that no households are missed by the Census Bureau in the 2000 census; and be it further

   Resolved, That copies of this Resolution be transmitted to the Speaker of the U.S. House of Representatives, the Majority Leader of the U.S. Senate, the President and Vice-President of the United States, the U.S. Secretary of Commerce, and to each member of the congressional delegation from the State of Colorado.

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   POM-178. A joint resolution adopted by the Legislature of the State of Colorado relative to the Year 2000 Census; to the Committee on Governmental Affairs.


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