PETITIONS AND MEMORIALS -- (Senate - June 28, 2007)
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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-142. A resolution adopted by the Senate of the State of Louisiana urging Congress to fulfill the commitment to the citizens of Louisiana to fully fund recovery from damages resulting from hurricanes Katrina and Rita; to the Committee on Banking, Housing, and Urban Affairs.
Senate Resolution No. 53
Whereas, as a result of these devastating events, the President's Office of Gulf Coast Rebuilding estimated that over one hundred twenty-seven thousand owner-occupied homes received major or severe damage based on the criteria used by the Federal Emergency Management Agency; and
Whereas, in the aftermath of Hurricane Katrina, President George W. Bush made a commitment to the people of Louisiana, in a nationally-covered statement that the federal government would do what was necessary to provide for the recovery of the state and its citizens; and
Whereas, the state of Louisiana has always proposed that the Road Home Program pay for owner-occupied uninsured or underinsured wind damage as well as flood damage within the parameters of the program; and
Whereas, in Action Plan Amendment No.1 proposed by the Louisiana Recovery Authority, captioned Action Plan Amendment for Disaster Recovery Funds for the Road Home Housing Programs, which, according to news releases, was approved by the U.S. Department of Housing and Urban Affairs in May 2006, it was clearly stated the program proposed to provide ``the full proposed assistance to all of the Louisiana homeowners who suffered major or severe damage'' and stated that ``It is the State's policy that participants in the Homeowner Assistance Program deserve a fair and independent estimate or projection of damages from the storm, regardless of the cause of damage''; and
Whereas, according to federal sources, 43,298 homeowners experienced no major flooding but major or severe wind damage; and
Whereas, since the adoption of Action Plan Amendment No. 1, the state has experienced increased costs in the program, resulting in a current three billion dollar shortfall, duly from a combination of factors, including an increase in the number of eligible claimants from the original estimates by approximately eleven thousand, more homes severely damaged than originally estimated, increased costs per eligible claimant than originally estimated, lower than anticipated homeowner property insurance claim benefits received from private insurers, and higher than estimated costs of repair and construction. Therefore, be it
Resolved, That the Legislature of Louisiana memorializes the Congress of the United States and urges and requests the federal administration to fulfill the commitment to the citizens of Louisiana to fully fund recovery from damages resulting from hurricanes Katrina and Rita. 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, to each member of the Louisiana delegation to the United States Congress, and to the President of the United States.
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POM-143. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress to take such actions as are necessary to prevent the taxation of rebuilding grants from the state's Road Home program; to the Committee on Finance.
Senate Concurrent Resolution No. 25
Whereas, Louisiana taxpayers have spent countless hours coping with paperwork and bureaucracy that has inconvenienced them since hurricanes Katrina and Rita devastated southern Louisiana in 2005; and
Whereas, while the grants themselves are not taxable, the Internal Revenue Service says grant recipients who claimed a storm-related casualty loss would be required to consider all or part of the grant as income; and
Whereas, the average Road Home grant is sixty-five thousand dollars; therefore, some recipients would find themselves bumped up to higher tax brackets and would likely have a higher federal income tax liability; and
Whereas, the Louisiana Department of Revenue has determined that grants would not constitute income for state purposes. Therefore, be it
Resolved, That the Legislature of Louisiana does hereby memorializes the Congress of the United States and the Internal Revenue Service to take such actions as are necessary to prevent the taxation of rebuilding grants from the state's Road Home program. 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, to the Commissioner of the Internal Revenue Service, and to each member of the Louisiana congressional delegation.
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POM-144. A joint resolution adopted by the Senate of the State of Colorado urging Congress to pass the federal ``Gestational Diabetes Act of 2006''; to the Committee on Health, Education, Labor, and Pensions.
Senate Joint Memorial 07-005
Whereas, gestational diabetes is one of the most common issues facing pregnant women and their health care providers, and the prevalence of gestational diabetes is increasing; and
Whereas, according to the American Diabetes Association, gestational diabetes affects approximately 4-8% of all pregnant women, which is about 135,000 women in the United States each year; and
Whereas, according to the Colorado Pregnancy Risk Assessment Monitoring System, gestational diabetes affects approximately 7.5% of all pregnant women in Colorado, which is about 5,000 women in Colorado each year; and
Whereas, women who are overweight or obese are at an increased risk for developing gestational diabetes, and other risk factors include genetics, ethnicity, and maternal age; and
Whereas, gestational diabetes is associated with more health problems for the mother and child, including an increased risk for birth trauma, induction, and caesarean section; extreme increases in birth weight for children of women who developed gestational diabetes; an increased risk for developing childhood obesity; and putting the mothers and their children at a higher risk of developing Type 2 diabetes; and
Whereas, greater understanding is needed by both patients and health care providers on treating and preventing gestational diabetes, especially as there is disagreement among health care providers about how to treat gestational diabetes and the effectiveness of treatments; and
Whereas, United States Senator Hillary Rodham Clinton introduced the federal ``Gestational Diabetes Act of 2006'' (GEDI act), which is aimed at lowering the incidence of gestational diabetes, providing funding for research and community education, and preventing women who developed gestational diabetes and their children from developing Type 2 diabetes; and
Whereas, the GEDI act:
Creates a research advisory committee with representatives from federal agencies and health organizations to develop standardizing procedures for gestational diabetes
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data collection, to set up a method to track mothers who had gestational diabetes and develop methods to prevent these mothers and their children from developing Type 2 diabetes, and to address factors that influence risks for gestational diabetes; and
Provides grants to nonprofit organizations and state health agencies to be used for expanding state-based and community-based prevention activities and training for health care providers in helping to prevent gestational diabetes; and
Expands basic, clinical, and public health research on gestational diabetes, including therapies for detecting and treating gestational diabetes, facilitating enrollment in clinical trials for populations that disproportionately suffer from gestational diabetes, developing diagnostics, and understanding factors that influence gestational diabetes; and
Whereas, the GEDI act is an important step toward a better understanding of gestational diabetes and in lowering the incidence of gestational diabetes in pregnant women. Now, therefore, be it
Resolved by the Senate of the Sixty-sixth General Assembly of the State of Colorado, the House of Representatives concurring herein, That we, the members of the Colorado General Assembly, respectfully request the Congress of the United States, including the members of Colorado's Congressional delegation, to support the proposed ``Gestational Diabetes Act of 2006''. Be it further
Resolved, That copies of this Joint Memorial be sent to the Colorado Chapter of the American Diabetes Association, the Colorado Diabetes Prevention Control Program, Senator Hillary Rodham Clinton, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Colorado's Congressional delegation.
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POM-145. A resolution adopted by the Senate of the State of Louisiana urging Congress to support efforts, programs, services and advocacy of organizations, such as the American Stroke Association, that work to enhance public awareness of childhood stroke; to the Committee on Health, Education, Labor, and Pensions.
Senate Resolution No. 87
Whereas, a stroke, also known as a ``cerebrovascular accident,'' is an acute neurologic injury that occurs when a blood vessel that carries oxygen and nutrients to the brain is either blocked by a clot or bursts; and
Whereas, a stroke is a medical emergency that can cause permanent neurologic damage or death if not promptly diagnosed and treated; and
Whereas, twenty-six out of every one hundred thousand newborns and almost three out of every one hundred thousand children have a stroke each year; and
Whereas, an individual can have a stroke before birth; and
Whereas, stroke is among the top ten causes of death for children in Louisiana, and twelve percent of all children who experience a stroke die as a result; and
Whereas, the death rate for children who experience a stroke before the age of one year is the highest out of all age groups; and
Whereas, many children who experience a stroke will suffer serious, long-term neurological disabilities, including hemiplegia, which is paralysis of one side of the body, seizures, speech and vision problems, and learning difficulties; and
Whereas, those disabilities may require ongoing physical therapy and surgeries; and
Whereas, the permanent health concerns and treatments resulting from strokes that occur during childhood and young adulthood have a considerable impact on children, families, and society; and
Whereas, very little is known about the cause, treatment, and prevention of childhood stroke; and
Whereas, medical research is the only means by which the citizens of the United States and Louisiana can identify and develop effective treatment and prevention strategies for childhood stroke; and
Whereas, early diagnosis and treatment of childhood stroke greatly improves the chances that the affected child will recover and not experience a recurrence; and
Whereas, all citizens of Louisiana are encouraged to learn more about the impact of childhood stroke on our state. Therefore, be it
Resolved, That the Senate of the Legislature of Louisiana does hereby urge and request the Congress of the United States to support the efforts, programs, services and advocacy of organizations, such as the American Stroke Association, that work to enhance public awareness of childhood stroke. Be it further
Resolved, That a copy of this Resolution 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.
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POM-146. A joint resolution adopted by the Legislature of the State of Montana repealing, rescinding, canceling, voiding, and superseding any and all extant applications by the Legislature of the State of Montana previously made during any legislative session to the Congress to call a convention pursuant to the terms of Article V of the U.S. Constitution for proposing one or more amendments to it; to the Committee on the Judiciary.
House Joint Resolution No. 38
Whereas, the Legislature of the State of Montana, acting with the best of intentions, has, at various times and during various sessions, previously made applications to the Congress of the United States of America to call one or more conventions to propose either a single amendment concerning a specific subject or to call a general convention to propose an unspecified and unlimited number of amendments to the United States Constitution, pursuant to the provisions of Article V of the United States Constitution; and
Whereas, former Chief Justice of the United States of America Warren E. Burger, former Associate Justice of the United States Supreme Court Arthur J. Goldberg, and other leading constitutional scholars agree that such a convention may propose sweeping changes to the Constitution, any limitations or restrictions purportedly imposed by the states in applying for a convention or conventions to the contrary notwithstanding, thereby creating an imminent peril to the well-established rights of the citizens and the duties of various levels of government; and
Whereas, the Constitution of the United States of America has been amended many times in the history of this nation and may be amended many more times, without the need to resort to a constitutional convention, and has been interpreted for more than 200 years and has been found to be a sound document that protects the lives and liberties of the citizens; and
Whereas, there is no need for, and rather there is great danger in, a new Constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of another 2 centuries of litigation over its meaning and interpretation. Now, therefore, be it
Resolved by the Senate and the House of Representatives of the State of Montana, That the Legislature does hereby repeal, rescind, cancel, nullify, and supersede to the same effect as if they had never been passed any and all extant applications by the Legislature of the State of Montana to the Congress of the United States of America to call a convention to propose amendments to the Constitution of the United States of America, pursuant to the terms of Article V of the Constitution, regardless of when or by which session or sessions of the Montana Legislature the applications were made and regardless of whether the applications were for a limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects. Be it further
Resolved, That the following resolutions and memorials are specifically repealed, rescinded, canceled, nullified, and superseded: Joint Concurrent Resolution No. 2, 1901; House Joint Resolution No. 1, 1905; Senate Joint Resolution No. 1, 1907; House Joint Memorial No. 7, 1911; House Joint Resolution No. 13, 1963; and Senate Joint Resolution No. 5, 1965. Be it further
Resolved, That the Legislature of the State of Montana urges the Legislatures of each and every state that has applied to Congress to call a convention for either a general or a limited constitutional convention to repeal and rescind the applications. Be it further
Resolved, That the Secretary of State is directed to send copies of this resolution to the Secretary of State of each state in the Union, to the presiding officers of both houses of the Legislatures of each state in the Union, to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to the Montana Congressional Delegation.
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POM-147. A concurrent resolution adopted by the Legislature of the State of Ohio urging Congress to appropriate full funding for the Adam Walsh Act; to the Committee on the Judiciary.
Senate Concurrent Resolution No. 7
Whereas, the Congress of the United States passed the Adam Walsh Child Protection and Safety Act of 2006 (the ``Adam Walsh Act'') on July 25, 2006, to protect the public from sex offenders and offenders against children, and President George W. Bush signed the Adam Walsh Act into law on July 27, 2006; and
Whereas, the Adam Walsh Act establishes a comprehensive national system for the registration of sex offenders and offenders against children that requires the State of Ohio to amend its Sexual Offender Registration and Notification Act; and
Whereas, the Adam Walsh Act requires the U.S. Attorney General to implement a Sex Offender Management Assistance program through which the U.S. Attorney General may award grants to states to offset the costs of implementing the Adam Walsh Act and may give bonus payments to states that implement the Adam Walsh Act in a specified period of time. Now, therefore, be it
Resolved, That we, the members of the 127th General Assembly of the State of Ohio, urge the Congress to appropriate full funding for the Adam Walsh Act; and be it further
Resolved, That the Clerk of the Senate transmit duly authenticated copies of this resolution to the President of the United States, to the members of the Ohio Congressional delegation, to the Speaker and the
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Clerk of the United States House of Representatives, and to the President Pro Tempore and Secretary of the United States Senate.
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