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POM-64. A joint resolution by the Legislature of the State of Washington; to the Committee on Commerce, Science, and Transportation.

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   House Joint Memorial 4011

   Whereas, The Federal Communications Commission, pursuant to the Telecommunications Act of 1996, has implemented a universal service fund program to provide discounts on the cost of telecommunications services to schools and libraries; and

   Whereas, On May 8, 1997, the Commission determined that schools and libraries that join consortia that include entities other than ``public sector (governmental) entities'' may not take advantage of the universal service fund program unless the services purchased by the consortia are based on tariffed rates; and

   Whereas, This requirement effectively prevents schools and libraries from participating in consortia with nonprofit independent baccalaureate institutions without losing the advantages of the leveraged purchasing, economies of scale, and efficiencies that are the very rationale for such consortia; and

   Whereas, Washington state has sought to leverage the state's purchasing power in its procurements of telecommunications and information services, and obtain the lowest prices for telecommunications services for universities, colleges, schools, and libraries;

   Whereas, The Washington Legislature in 1996 authorized and funded the development of the K-20 Educational Telecommunications Network, a sixty-two million dollar state-wide backbone network intended to link K-12 school districts, educational service districts, public and private baccalaureate institutions, public libraries, and community and technical colleges; and

   Whereas, This network will provide the consortium of Washington colleges, schools, and libraries with enhanced function and increased efficiencies in their use of telecommunications services; and

   Whereas, Washington state is home to several outstanding nonprofit independent baccalaureate institutions, including Antioch University, Cornish College of the Arts, Gonzaga University, Heritage College, Northwest College, Pacific Lutheran University, St. Martin's College, Seattle University, Seattle Pacific University, University of Puget Sound, Walla Walla College, Whitman College, and Whitworth College, that are not ``public sector (governmental) entities''; and

   Whereas, These institutions each year prepare thousands of students for jobs in Washington state, and their graduates comprise more than twenty-five percent of the state's school teachers; and

   Whereas, The Washington Legislature has recognized the important public service that these institutions perform; and

   Whereas, The Washington Legislature has recognized that the public interest would be served by their inclusion in the K-20 Educational Telecommunications Network; and

   Whereas, On July 16, 1997, the Washington Department of Information Services petitioned the Federal Communications Commission to clarify universal service program eligibility for schools and libraries that participate in telecommunications consortia with nonprofit independent colleges; and

   Whereas, The Commission has not responded to that petition in more than eighteen months; and

   Whereas, The state continues to delay the inclusion of nonprofit independent baccalaureate institutions in the K-20 Educational Telecommunications Network out of concern that doing so may render the network services provided to schools and libraries ineligible for universal service discounts; and

   Whereas, Such continued delay is detrimental to the interests of the state; Now, therefore

   Your Memorialists respectfully pray that the members of the Committee on Commerce, Science, and Transportation of the United States Senate; and members of the Subcommittee on Telecommunications, Trade and Consumer Protection , Committee on Commerce, United States House of Representatives, urge the Federal Communications Commission to address promptly the matters raised in the Department of Information Service's Petition for Reconsideration, and find that schools and libraries may participate with independent colleges in consortia to procure telecommunications services at below-tariffed rates without losing their eligibility for universal service discounts; be it

   Resolved, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the members of the Committee on Commerce, Science, and Transportation of the United States Senate, and members of the Subcommittee on Telecommunications, Trade and Consumer Protection , Committee on Commerce, United States House of Representatives, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, and the members of the Federal Communications Commission.

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   POM-65. A concurrent resolution adopted by the Legislature of the State of New Jersey; to the Committee on Finance.

   Concurrent Resolution 107

   Whereas, New Jersey and 45 other states, as well as Puerto Rico and the District of Columbia, are scheduled to receive some $206 billion from the nation's five largest cigarette manufacturers as a result of the settlement, which was formally agreed to on November 23, 1998, between these tobacco companies and the plaintiff states of their respective actions against these companies to recover the costs incurred by the states in connection with tobacco-related diseases, in addition to the states of Florida, Minnesota, Mississippi and Texas that will receive monies from these companies as a result of individual settlements which they reached with the companies of their respective actions; and

   Whereas, The monies received by New Jersey and the other plaintiff states from the tobacco companies constitute a return of their state taxpayer dollars, which was the result of their own efforts and expense, and which should not be siphoned off by the federal government through a reduction in federal Medicare payments to the states or by any other means; and

   Whereas, The monies recovered by the states from the tobacco companies should be available for the states to use as they deem to be in the interest of their own citizens and according to their own needs, and in keeping with the terms of the national tobacco settlement or individual state settlements reached with the tobacco companies; and

   Whereas, The federal government should not be able to recover its Medicaid costs associated with tobacco-related diseases without pursuing its own action against the tobacco companies and expending its own resources for that purpose; and

   Whereas, Legislation is currently pending in the Congress of the United States as H.R. 351, sponsored by Representative Bilirakis (R-Florida), which would preclude action by the Secretary of Health and Human Services to recoup any portion of the tobacco settlement funds received by the various states as an overpayment under the Medicaid program: Now, therefore, be it

   Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

   1. The Legislature respectfully memorializes the Congress of the United States to pass, and the President of the United States to sign into law. H.R. 351 or similar legislation which would ensure that the federal government will not seek to recoup any monies recovered by the states from the tobacco companies a as result of the national tobacco settlement or individual state settlements.

   2. Duly authenticated copies of this resolution, signed by the President of the Senate and the Speaker of the General Assembly and attested by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted to the United States Secretary of Health and Human Services, the presiding officers of the United States Senate and House of Representatives, and each of the members of the United States Congress elected from the State of New Jersey.

   POM-66. A concurrent resolution adopted by the Legislature of the State of Kansas; to the Committee on Agriculture, Nutrition, and Forestry.

   House Concurrent Resolution No. 5017

   Whereas, The agricultural heritage and economy of the State of Kansas is dependent upon the harvest, storage and transportation of grain; and

   Whereas, There are 785 grain elevators in Kansas and 65,000 farms in Kansas, many of which are family-owned operations; and

   Whereas, Kansas grain elevators are valued neighbors to and located in close proximity to homes, schools, farms and businesses in most of all Kansas' communities; and

   Whereas, Kansas grain elevators, feed mills, processors and growers are committed to protecting the health and safety of applicators and workers and the wellbeing of the public; and

   Whereas, Grain elevators are located in Kansas communities near railroads and highways to facilitate the transportation of grain; and

   Whereas, Kansas is a leader in the Nation and in the World in grain production; and

   Whereas, Kansas grain elevators, feed mills, processors and growers are committed to producing an adequate safe and high quality food supply for domestic and world consumers; and

   Whereas, Treaties and established trade relations may require pest-controlled grain before grain can be exported; and

   Whereas, Insect pests in grain without fumigation treatment could create health risks and reduce the quality of the grain marketed from Kansas; and

   Whereas, Aluminum and magnesium phosphide are cost-effective fumigants used both by commercial elevators and farmers in the storage of grain in Kansas; and

   Whereas, The Environmental Protection Agency (EPA) acknowledged few, if any, viable alternatives to the use of aluminum and magnesium phosphide exist for fumigation to control pests in stored grain; and

   Whereas, The current label restrictions for aluminum and magnesium phosphide provide for the safe and effective use of the product; and

   Whereas, The State of Kansas practices rigorous enforcement of the label restrictions on fumigants, ensures adequate training of certified applicators and conducts a fumigation and grain storage project to inspect the use of fumigants; and

   Whereas, Restrictions in the use of fumigations in grain storage and transportation should be based only on sound scientific reasoning, available technology and accurate analysis of risk level and avoid raising undue public alarm over unsubstantiated or inconsequential risk: Now, therefore, be it

   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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   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.

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   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.

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   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

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