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Whereas, adequate support for the National Highway System (NHS) is necessary to provide consistent mobility and economic
[Page: S8089] GPO's PDF
Whereas, adequate support for the National Highway System and other transportation systems in Virginia is equally essential to the numerous and sizable U.S. military bases and other facilities that are located within the Commonwealth, for which an adequate and efficient transportation system is critical to effectively and promptly distribute, supply, and deploy military assets to meet and respond to the imperatives of national defense; and
Whereas, a streamlined transportation program is needed to provide flexible funding to allow states and their local partners to respond to specific state and local needs; and
Whereas, Congress directed the U.S. Department of Transportation in the TEA-21 legislation of 1998 to implement significant environmental regulatory streamlining so that transportation projects could receive federal review and approval in an expedited manner; and
Whereas, the federal review and approval process for transportation projects has not been shortened despite the environmental streamlining mandate of TEA-21; now, therefore, be it
Resolved by the House of Delegates. That the Congress of the United States be urged to reauthorize the Transportation Equity Act for the 21st Century, provide for increased equity in the distribution of federal highway funds to the states, and reduce complexity of and time required for compliance with federal environmental regulations related to highway construction. In reauthorizing the federal surface transportation program, the Congress is also urged to provide fair and equitable distribution of highway funds to states and increase the return to the Commonwealth to at least the national average, ensure that firewalls between the Transportation Trust Fund and other federal spending be maintained, continue Revenue Aligned Budget Authority, and meaningfully streamline federal environmental and other regulations to expedite project review and highway construction; and, be it
Resolved further, That the Clerk of the House of Delegates 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 House of Delegates of Virginia in this matter.
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POM-300. A resolution adopted by the House of Delegates of the General Assembly of the Commonwealth of Virginia relative to expanding the use of federal historic preservation tax credits to qualified owner-occupied structures; to the Committee on Finance.
House Resolution No. 22
Whereas, the Federal Historic Preservation Tax Credit Program currently provides federal income tax incentives for rehabilitation of historic income-producing properties; and
Whereas, legislation currently pending in the United States Congress will expand the program by providing a credit against income tax to individuals who rehabilitate historic homes or who are the first purchasers of rehabilitated historic homes for use as a principal residence; and
Whereas, passage of the pending legislation could have many beneficial effects in Virginia, including encouraging additional protection of historic buildings, returning underutilized buildings to local tax rolls, and providing a boost to efforts to improve older neighborhoods; now, therefore, be it
Resolved by the House of Delegates, That the Congress of the United States be urged to expand use of federal historic preservation tax credits to qualified owner-occupied structures; and, be it
Resolved Further. That the Clerk of the House of Delegates 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 House of Delegates of Virginia in this matter.
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POM-301. A House joint resolution adopted by the General Assembly of the State of Illinois relative to inland waterway transportation ; to the Committee on Environment and Public Works.
House Joint Resolution No. 54
Whereas, the State of Illinois borders or contains over 1,000 miles of the inland waterway system; and
Whereas, Many of Illinois' locks and dams are more than 60 years old and only 600 feet long, making them unable to accommodate modern barge tows of 1,200 feet long, nearly tripling locking times and causing lengthy delays and ultimately increasing shipping costs; and
Whereas, The use of 1,200-foot locks has been proven nationwide as the best method of improving efficiency, reducing congestion, and modernizing the inland waterways; and
Whereas, The construction of the lock and dam system has spurred economic growth and a higher standard of living in the Mississippi and Illinois river basin, and today supplies more than 300,000,000 tons of the nation's cargo, supporting more than 400,000 jobs, including 90,000 in manufacturing; and
Whereas, More than 60% of American agricultural exports, including, corn, wheat, and soybeans, are shipped down the Mississippi and Illinois rivers on the way to foreign markets; and
Whereas, Illinois farmers, producers, and consumers rely on efficient transportation to remain competitive in a global economy, and efficiencies in river transport offset higher production costs, compared to those incurred by foreign competitors; and
Whereas, The Upper Mississippi and Illinois lock and dam system saves our nation more than $1,500,000,000 in higher transportation costs each year, and failing to construct 1,200-foot locks will cause farmers to use more expensive alternative modes of transportation , including trucks and trains; and
Whereas, According to the U.S. Army Corps of Engineers, congestion along the Upper Mississippi and Illinois Rivers is costing Illinois and other producers and consumers in the basin $98,000,000 per year in higher transportation costs; and
Whereas, River transportation is the most environmentally friendly form of transporting goods and commodities, creating almost no noise pollution and emitting 35% to 60% fewer pollutants than either trucks or trains, according to the U.S. EPA; and
Whereas, Moving away from river transport would add millions of trucks and rail cars to our nation's infrastructure, adding air pollution, traffic congestion, and greater wear and tear on highways; and
Whereas, Backwater lakes created by the lock and dam system provide breeding grounds for migratory waterfowl and fish; and
Whereas, The lakes and 500 miles of wildlife refuge also support a $1,000,000,000-a-year recreational industry, including hunting, fishing, and tourism jobs; and
Whereas, Upgrading the system of locks and dams on the Upper Mississippi and Illinois rivers will provide 3,000 construction and related jobs over a 15-20 year period; and
Whereas, In 1999 Illinois was the leading shipping state, with more than 66,000,000 tons of Illinois products, including grain, coal, chemicals, aggregates, and other products, representing a value of more than $8,000,000,000; and
Whereas, 109,000,000 tons of commodities including grain, coal, chemicals, aggregates, and other products were shipped to, from, and within Illinois by barge, representing $16,000,000,000 in value; and
Whereas, An additional 136,000,000 tons of commodities pass Illinois' borders on the Mississippi and Ohio rivers, representing a value of more than $43,000,000,000; and
Whereas, Shippers moving by barge in Illinois realized a savings of approximately $1,000,000,000, compared to other transportation modes; and
Whereas, Illinois docks shipped products by barge to 20 states and received products from 18 states; and
Whereas, Barges moving to and from Lake Michigan use the O'Brien Lock, with the Chicago Lock passing over 36,000 recreation vessels and over 410,00 passengers on over 13,000 commercial passenger vessels; and
Whereas, There are approximately 364 manufacturing facilities, terminals, and docks on the waterways of Illinois, representing thousand of jobs in the State; therefore be it
Resolved by the House of Representatives of the Ninety-Second General Assembly of the State of Illinois, the Senate concurring herein, That we recognize the importance of inland waterway transportation to Illinois agriculture and to industry in the State, the region, and the nation, and that we urge Congress to authorize funding to construct 1,200-foot locks on the Upper Mississippi and Illinois River System; and be it further
Resolved, That suitable copies of this Resolution be delivered to the President Pro Tempore and the Secretary of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, the Chair of the Senate Committee on Commerce, Science, and Transportation , the Chair of the House Committee on Transportation and Infrastructure, and to the Illinois congressional delegation.
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POM-302. A concurrent resolution adopted by the Legislature of the State of Oklahoma relative to the United States Trade Representative preserve the traditional powers of state and local governments while negotiating international investment agreements; and directing distribution; to the Committee on Finance.
Resolution No. 71
Whereas, the United States government, through the United States Trade Representative, is negotiating to create or interpret investment agreements under the proposed Free Trade Area of the Americans (FTAA), bilateral agreements such as the United States-Chile agreement, the investment chapter of the North American Free Trade Agreement (NAFTA), and potentially under the World Trade Organization (WTO); and
Whereas, investment agreements affect state and local powers, including, but not limited to, zoning, protection of ground water and other natural resources, corporate ownership of land and casinos, law enforcement by courts, public services, and sovereign immunity; and
Whereas, investment rules under these agreements deviate from United States legal precedents on taking law and deference to legislative determination on protecting the public interest; and
Whereas, investment rules do not safeguard any category of law from investor
[Page: S8090] GPO's PDF
Whereas, foreign investors have used the provisions of NAFTA's investment chapter to challenge core powers of state and local government including, but not limited to, regulatory power to protect ground water in California; the power of civil juries to use punitive damages to deter corporate fraud in Mississippi; the ability of states to invoke sovereign immunity in Massachusetts; and a decision by local government to deny a zoning permit for construction of a hazardous waste dump in Guadalcazar, Mexico; and
Whereas, serious concerns about international investment agreements have been expressed by national government associations, including the National Conference of State Legislatures (NCSL), which urged federal trade negotiators not to commit the United States to further investor-to-state dispute provisions such as those pending under NAFTA, and the National League of Cities, which has expressed concern that expansion of investment rules could undermine the successful effort by state and local governments to defeat legislation to expand compensation for takings in the 104th Congress.
Now, therefore, be it resolved by the Senate of the 2nd session of the 48th Oklahoma Legislature, the House of Representatives concurring therein:
That the Oklahoma State Legislature respectfully memorializes the President and Congress of the United States that the United States Trade Representative: preserve the traditional powers of state and local governments by requiring that negotiators of international investment agreements carve out state and local governments from the scope of future investment agreements or exclude investor-to-state disputes from investment agreements; ensure that international investment rules do not give greater rights to foreign investors than United States investors enjoy under the United States Constitution; ensure that international investment rules do not undermine traditional police powers of state and local governments to protect public health, conserve environmental resources, and regulate fair compensation; ensure that all proceedings are open to the public and that all submissions, findings, and decisions are promptly made public, consistent with the need to protect classified information, and that amicus briefs will be accepted and considered by investment tribunals; and provide that an investor's claim against its host government, must consent to the investor's claim against its host government, if investor-to-state disputes are retained.
That a copy of this resolution be distributed to the President and Vice President of the United States, to the United States Trade Representative, to members of Oklahoma's Congressional Delegation, and to the National Conference of State Legislatures (NCSL).
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POM-303. A Senate concurrent resolution adopted by the Legislature of the State of Kansas relative to the establishment of a national holiday; to the Committee on the Judiciary.
Senate Concurrent Resolution No. 1620
Whereas, Cesar Chavez, founder of the United Farm Workers of America, AFL-CIO, dedicated his life to the cause of justice for farm workers. Through his dedication, Cesar Chavez built not only a union but a movement of all races to continue the endless struggle to fight for workers' rights, civil rights and human rights; and
Whereas, Cesar Chavez was a role model for all workers, especially for Latinos and their children; and
Whereas, Cesar Chavez taught us to use power in the nonviolent manner and to employ this principle to secure justice for all workers in the labor movement; and
Whereas, His death on April 23, 1993 brought the Latino community together to continue his struggle to obtain justice and to secure a better life by organizing unions at the workplace; and
Whereas, A resolution is pending in the United States Congress to establish a national holiday in memory of Cesar Chavez: Now, therefore,
Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That we urge the adoption of the United States House of Representatives Concurrent Resolution No. 3 providing for a national holiday honoring Cesar Chavez and that this holiday be celebrated on Cesar Chavez's birthday, March 31; and
Be it further resolved: That the Secretary of State send enrolled copies of this resolution to the President of the United States Senate, the Speaker of the United States House of Representatives and to each member of the Kansas congressional delegation.
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POM-304. A resolution adopted by the House of the Legislature of the State of New Hampshire relative to the Pledge of Allegiance; to the Committee on the Judiciary.
House Resolution No. 26
Whereas, on June 26, 2002, the United States Court of Appeals for the Ninth Circuit ruled the recitation of the pledge of allegiance in public schools to be an unconstitutional endorsement of religion in violation of the First Amendment to the United States Constitution; and
Whereas, the state of New Hampshire denounces the ruling of the Ninth Circuit; and
Whereas, the state of New Hampshire affirms the importance of the pledge of allegiance in honoring those citizens who have fallen in defense our country; and
Whereas, the state of New Hampshire affirms the importance of the pledge of allegiance in the education of the youth of our country; and
Whereas, the state of New Hampshire reaffirms the right to recite the pledge of allegiance as an exercise of free speech protected under the First Amendment to the United States Constitution; now, therefore, be it
Resolved by the House of Representatives:
That the New Hampshire house of representatives strongly disagrees with the ruling of the United States Court of Appeals for the Ninth Circuit; and
That the New Hampshire house of representatives reaffirms the right to recite the pledge of allegiance as an exercise of free speech protected under the First Amendment to the United States Constitution; and
That copies of this resolution be forwarded to the President of the United States; the Speaker of the United States House of Representatives; the President of the United States Senate; the Justices of the United States Supreme Court, and the members of the New Hampshire congressional delegation.
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POM-305. A resolution adopted by the Senate of the Legislature of the State of Michigan relative to the Pledge of Allegiance; to the Committee on the Judiciary.
Senate Resolution No. 242
Whereas, The decision of the Ninth United States Circuit Court of Appeals that the Pledge of Allegiance to the American flag is unconstitutional is an egregious error that cannot be allowed to stand as our law. In this time of war, especially, we are shocked that an expression of devotion and loyalty to our nation's flag and all it represents should be suppressed by a three-judge panel of the most reversed United States Court of Appeals; and
Whereas, The Ninth Circuit's ruling that the words ``under God'' somehow represent the establishment of an official state church in violation of the Establishment Clause of the United States Constitution is ludicrous. No state church has been established in the nearly five decades since those words were added to the Pledge of Allegiance. The freedom to believe and practice any religion, or to believe and practice no religion at all, is an ingrained part of our society. The purportedly terrible impact of reciting ``under God'' in our Pledge of Allegiance, should a person choose to do so, has not and will not happen; and
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