[Congressional Record Volume 161, Number 177 (Tuesday, December 8, 2015)]
[Senate]
[Pages S8486-S8492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PETITIONS AND MEMORIALS
The following petitions and memorials were laid before the Senate and
were referred or ordered to lie on the table as indicated:
POM-109. A resolution adopted by the Senate of the State of
Michigan urging the United States Congress to enact
legislation for the purpose of enhancing hunting, fishing,
recreational shooting, and other outdoor recreational
opportunities, as well as strengthen conservation efforts
nationwide; to the Committee on Environment and Public Works.
Senate Resolution No. 109
Whereas, To this day, conservation is funded primarily by
sportsmen and women. This
[[Page S8487]]
American System of Conservation Funding is a user pays-public
benefits approach that includes excise taxes on hunting,
fishing, and boating equipment. This strategy is widely
recognized as the most successful model of fish and wildlife
management funding in the world; and
Whereas, Through the pursuit of their outdoor passions,
sportsmen and women support hundreds of thousands of jobs and
contribute billions to our economy annually through salaries,
wages, and product purchases; and
Whereas, The United States Congress has worked on several
pieces of legislation over the years to boost a number of key
conservation priorities that are supported by millions in the
outdoor recreational community; and
Whereas, Currently pending legislation in both the U.S.
House and Senate would create or renew several important
programs that are vital to the continued conservation of our
natural resources, the health of America's local economies,
and the enhancement and protection of our time-honored
outdoor pastimes. Known as the Sportsmen's Heritage and
Recreational Enhancement (SHARE) Act (H.R. 2406) and the
Bipartisan Sportsmen's Act (S. 405), these bills contain a
broad array of bipartisan measures, including the
Recreational Fishing and Hunting Opportunities Act; the
Hunting, Fishing, and Recreational Shooting Protection Act;
the Target Practice and Marksmanship & Training Support Act;
and the Recreational Lands Self-Defense Act; and
Whereas, A complementary piece of pro-sportsmen legislation
also exists in the U.S. House, called the Sportsmen's
Conservation and Outdoor Recreation Enhancement (SCORE) Act
(H.R. 3173). It shares several similar titles with the SHARE
Act and Bipartisan Sportsmen's Act. Provisions in the SCORE
Act include: the National Fish Habitat Initiative Sense of
Congress, the Federal Lands Transaction Facilitation Act
reauthorization, the North American Wetlands Conservation Act
reauthorization, the National Fish and Wildlife Foundation
reauthorization, the Neotropical Migratory Bird Conservation
Act reauthorization, the Partners for Fish and Wildlife
Program Act reauthorization, and the Making Public Lands
Public authorization; and
Whereas, By renewing or creating these programs, these
bills will enhance opportunities for hunters, anglers,
recreational shooters, and other outdoor recreation
enthusiasts, improve access to public lands, and help boost
the outdoor recreation economy. Conserving our fish and
wildlife resources and their habitats and ensuring that
future generations have access to public lands and continued
recreational opportunities are of great importance and are
bipartisan issues: Now, therefore, be it
Resolved by the Senate, That we urge the United States
Congress to enact legislation for the purpose of enhancing
hunting, fishing, recreational shooting, and other outdoor
recreational opportunities, as well as strengthen
conservation efforts nationwide; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of
the Michigan congressional delegation.
____
POM-110. A resolution adopted by the House of
Representatives of the State of Michigan urging the President
of the United States and the United States Congress to
support the National Breast Cancer Coalition's goal of
knowing how to end breast cancer by 2020; to the Committee on
Health, Education, Labor, and Pensions.
House Resolution No. 144
Whereas, Michigan Breast Cancer Coalition and breast cancer
prevention advocates across the country are joining their
collective voices in the call for an end to breast cancer.
State level advocates in conjunction with the National Breast
Cancer Coalition (NBCC) are undertaking the challenge
referred to as Breast Cancer Deadline 2020; and
Whereas, Breast Cancer Deadline 2020, created by the NBCC
has set the goal and developed a strategic plan to know how
to end breast cancer by January 1, 2020. NBCC developed a
blueprint that involves research, access and influence. This
includes leveraging financial resources, ensuring individuals
at risk have access to information and medical care; and
harnessing the influence of leaders in government and
industry; and
Whereas, Breast cancer is the most commonly diagnosed non-
skin cancer in women in the United States. Michigan counties
have some of the highest incidences of breast cancer in the
country. This disease affects women of all ages, claimin 'yes
of thousands each year; and
Whereas, The advancement of the NBCC strategic plan for
eradicating this disease is imperative. This plan focuses on
prevention, including how to prevent the often fatal
metastasis of cancer once it is detected. All elements of the
NBCC strate ic plan are necessary to find an end to this
disease: Now, therefore, be it
Resolved by the House of Representatives, That we urge the
President and the Congress of the United States to support
the National Breast Cancer Coalition's goal of knowing how to
end breast cancer by 2020; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States, the President of the
United States Senate, the Speaker of the United States House
of Representatives, and the members of the Michigan
congressional delegation.
____
POM-111. A resolution adopted by the Senate of the State of
Michigan encouraging the United States Forest Service to
issue the owners of privately held hunting camps on leased
acres within the Ottawa National Forest special use
authorization under the Recreation Residence Program; to the
Committee on Agriculture, Nutrition, and Forestry.
Senate Resolution No. 79
Whereas, Starting in the late 1950s, Michigan residents
were offered an opportunity to lease privately-owned land
from the Upper Peninsula Power Company (UPPCO) to build
recreational hunting camps. In 1991, the UPPCO announced
intentions to sell the land currently under lease to an
intermediary who would simultaneously sell the land to the
United States Forest Service (USFS). Existing leaseholders
were offered an option to sign a 25-year, nonrenewable lease
on the land that was to be sold or to immediately vacate the
property. The leases were signed in March of 1992 and the
United States Forest Service (USFS) took control of the land
in June 1992. The land currently under private lease accounts
for less than 1,100 acres in the Ottawa National Forest; and
Whereas, Hundreds of people have experienced the wonders of
Michigan's great outdoors at these hunting camps. The Ottawa
National Forest is almost one million acres of rolling hills,
lakes, rivers, waterfalls, and abundant wildlife. Those who
lease land in the forest have built outdoor recreational
traditions with their families. The hunting camps allow them
to experience the seclusion and isolated environment of the
Ottawa National Forest while engaging in varied recreational
activities, including hunting, fishing, canoeing, and
snowshoeing; and
Whereas, The USFS has informed leaseholders that leases
will not be renewed at the end of 2016 because it is national
policy not to lease national forest land to individuals. The
holders of the active leases will have 90 days after the
leases expire to remove the hunting cabins and return the
land to its natural state; and
Whereas, The expiration of the leases will hurt local
economies in Ontonagon and Gogebic Counties. It will result
in over $35,000 in lost lease fee revenue to the townships
and almost $10,000 in tax revenue to the counties. Even a
greater loss will be realized by local businesses, including
gas stations, grocery stores, hardware stores, and
restaurants that benefit from the patronage of the camp
families; and
Whereas, The expiration of the leases will eliminate refuge
for people from the occasionally harsh and unexpected shifts
in weather conditions. The Ottawa National Forest covers a
large area in the western Upper Peninsula. Camp owners often
leave their cabins or outbuildings unlocked to the relief of
individuals stranded in the woods who have sought shelter. A
Boy Scout troop once sheltered at the Twin Pines camp after
being caught in a storm, and a group of snowmobilers is known
to regularly rest at one of the camps; and
Whereas, The USFS Recreation Residence Program provides
private citizens an opportunity to own single-family cabins
in designated areas of national forests. Currently, 15,570
recreation residences occupy national forest system lands
throughout the country; and
Whereas, Although the National Forest Service placed a
moratorium on the establishment of new tracts under the
Recreation Residence program in 1968, the authority to issue
special use authorization under the Recreation Residence
program remains in federal regulations (36 CFR Part 251).
Therefore, lifting that moratorium for the limited purpose of
establishing a Recreation Residence tract in the Ottawa
National Forest and issuing special use authorization permits
is possible and would allow the many families currently
leasing in the Ottawa National Forest an opportunity that is
provided to thousands of people elsewhere in the country; and
Whereas, Converting to the Recreation Residence Program
would maintain a tax base for local governments, provide
continuing support for the local economy, and and ensure that
hunting and recreational traditions held so dear by Michigan
residents continue to be experienced in the Ottawa National
Forest: Now therefore, be it
Resolved by the Senate, That we encourage the United States
Forest Service to issue the owners of privately-held camps on
leased acres within the Ottawa National Forest special use
authorization under the Recreation Residence Program; and be
it further
Resolved, That copies of this resolution be transmitted to
the Chief of the United States Forest Service and the members
of the Michigan congressional delegation.
____
POM-112. A resolution adopted by the Senate of the State of
Michigan urging the United States Senate to concur with the
United States House of Representatives and repeal the
country-of-origin labeling regulations; to the Committee on
Agriculture, Nutrition, and Forestry.
Senate Resolution No. 87
Whereas, The United States and Canada have the largest
trading relationship in the world, with bilateral trade
valued at $759 billion in 2014, an association that benefits
the
[[Page S8488]]
economies of both countries. Michigan's merchandise exports
to Canada in 2014 were valued at $25.4 billion, and 259,000
Michigan jobs depend on trade and investment with Canada; and
Whereas, The U.S. has implemented mandatory country-of-
origin labeling (COOL) rules requiring meats sold at retail
stores to be labeled with information on the source of the
meat. The World Trade Organization (WTO) has repeatedly ruled
that COOL discriminates against imported livestock and is not
compliant with international trade obligations. Due to the
WTO rulings, the U.S. may be subject to $3.6 billion in
retaliatory tariffs sought by Canada and Mexico; and
Whereas, COOL regulations also jeopardize the viability of
the U.S. packing and feeding industries. The additional $500
million in annual compliance costs could lead to significant
job losses and plant closures with potentially devastating
impacts to local and state economies. All this for an issue
the United States Department of Agriculture has clearly
indicated is not about food safety; and
Whereas, The U.S. House of Representatives passed H.R. 2393
to repeal the mandatory labeling for certain meats in June
2015 with 300 votes, showing a strong recognition across
party lines, as well as regionally, that COOL must be
repealed. However, the U.S. Senate appears less inclined to
repeal the COOL requirement, risking the American economy to
billions of dollars in retaliatory tariffs: Now, therefore,
be it
Resolved by the Senate, That we urge the United States
Senate to concur with the United States House of
Representatives and repeal the country-of-origin labeling
regulations; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States Senate and the members of
the Michigan congressional delegation.
____
POM-113. A joint resolution adopted by the Legislature of
the State of California urging the President of the United
States and the United States Congress to support legislation
which will provide a comprehensive solution to allow banks
and credit unions to perform financial services for cannabis
businesses without federal retribution; to the Committee on
Banking, Housing, and Urban Affairs.
Assembly Joint Resolution No. 25
Whereas, Cannabis use for medical purposes is legal in 23
states and is legal for recreational purpose in four states
and in the District of Columbia. The expansion of cannabis
businesses across the United States requires action from
Congress and the federal government; and
Whereas, While many states have laws permitting various
degrees of commercial activity using cannabis, it remains
illegal under federal law. The conflict between federal and
state laws has left financial institutions serving cannabis-
related businesses on uncertain legal ground. Banks and
credit unions are concerned that providing financial services
for businesses selling a product that is illegal under
federal law exposes them to possible charges of money
laundering and drug trafficking; and
Whereas, Federal laws, including the Controlled Substances
Act, the Bank Secrecy Act, and the Annunzio-Wylie Anti-Money
Laundering Act, prohibit financial institutions from
providing financial services to cannabis and hemp businesses.
Directives from federal regulatory agencies such as the
Federal Reserve, the Federal Deposit Insurance Corporation,
the National Credit Union Administration, and the Office of
the Comptroller of the Currency also prohibit bankers from
accepting deposits from cannabis or hemp businesses; and
Whereas, In February 2014, the United States Treasury's
Financial Crimes Enforcement Network, or FinCEN, in
coordination with the United States Department of Justice,
also issued a memo outlining expectations for compliance with
the Bank Secrecy Act. Despite this progress, remaining
uncertainties under current federal as still prevent banks
and credit unions from accepting cannabis-based businesses as
customers; and
Whereas, The medical, retail, and hemp agricultural
businesses are unable to accept credit or debit cards from
customers because electronic payments are handled through the
banking system. Therefore, transactions must be conducted in
cash. Further, these businesses cannot deposit cash from
sales into financial institutions. This is a major problem in
California as many businesses now have hundreds of thousands
of dollars in cash at their locations, which poses a public
safety risk to businesses, employees, and customers; and
Whereas, The lack of financial services makes paying taxes
to local governments and the California State Board of
Equalization a challenge because tax payments must be made in
cash by cannabis-related businesses, leading to hundreds of
thousands of dollars in cash being brought directly into
government offices. It is difficult for the State Board of
Equalization to audit cash-based businesses, especially when
records of wholesale transactions are not available; and
Whereas, Cannabis businesses cannot easily comply with
California tax laws, which has led to a significant
underpayment of revenue owed the state. In response, the
State Board of Equalization launched the Cannabis Compliance
Pilot Project in January 2015 to help determine both the
degree of noncompliance with state tax law and the amount of
lost tax revenue. However, state efforts alone cannot solve
the problem: Now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature respectfully urges
the President and Congress to support legislation which will
provide a comprehensive solution to allow banks and credit
unions to perform financial services for cannabis businesses
without federal retribution. The current system that requires
cash-based transactions poses a risk to public safety and
leads to reduced collection of taxes; and be it further
Resolved, That the Chief Clerk of the Assembly transmit
copies of this resolution to the President and the Vice
President of the United States, to the Speaker of the House
of Representatives, to the Minority Leader of the House of
Representatives, to the Majority Leader of the Senate, to the
Minority Leader of the Senate, and to each Senator and
Representative from California in the Congress of the United
States.
____
POM-114. A joint resolution adopted by the Legislature of
the State of California urging the United States Congress to
permanently reauthorize and fully fund the Land and Water
Conservation Fund; to the Committee on Environment and Public
Works.
Assembly Joint Resolution No. 27
Whereas, The Land and Water Conservation Fund (LWCF) was
created by Congress in 1965 as a bipartisan commitment for
protection of natural areas, water resources, cultural
heritage, and outdoor recreational opportunities throughout
the country; and
Whereas, Over the 50 years since the LWCF was created,
billions of dollars in funding have been provided to protect
valuable land and water resources, including, but not limited
to, parks, forests, rivers, lakes, wildlife habitat, and
recreational opportunities. These investments have resulted
in the permanent protection of nearly five million acres of
public lands and working landscapes; and
Whereas, Despite being chronically underfunded, the LWCF
has had several positive conservation and recreation impacts
throughout the country, has protected lands in each state,
and has supported over 41,000 state and local park projects;
and
Whereas, Since its inception, the LWCF has delivered over
$2 billion to California, and has provided hundreds of
millions of dollars more for projects through its matching
fund program; and
Whereas, The LWCF has helped conserve some of California's
most treasured and iconic natural resources in each region of
the state, including, but not limited to, Lake Tahoe, the
Mojave Desert, Point Reyes National Seashore, the Headwaters
Forest Reserve, the San Diego and Don Edwards San Francisco
Bay National Wildlife Refuges, working forests in the Sierra
Nevada, and Central Valley wetlands; and
Whereas, The LWCF has provided funding for outdoor
recreational and park programs benefitting underserved youth
and others in urban and rural communities throughout the
state, and has established a critical federal partnership
with state and local parks and communities; and,
Whereas, Forest Legacy Program grants are also funded
through the LWCF to protect working forests, which support
jobs and sustainable forest operations and enhance wildlife
habitat, water quality, and recreation. The Forest Legacy
Program grants have provided $12 million in federal funds,
which along with matching funds have provided a total of $62
million in investments in California forests; and
Whereas, The LWCF is critical to the quality of life in
California. The LWCF protects watersheds and drinking water
supplies; provides sustainable jobs in urban and rural
communities; protects the economic asset that federal, state,
and local public lands represent; conserves natural areas,
wildlife habitats, and open space from urban parks to large
landscapes; improves access for sportsmen, sportswomen, and
recreationists to natural lands; stimulates local economies
and jobs that support tourism and outdoor recreation sectors;
preserves wetlands, forests, and watersheds; and provides
state and local grants to support healthy communities; and
Whereas, According to the Outdoor Industry Association,
active outdoor recreation supports $85.4 billion of consumer
spending and 723,000 jobs in California, which annually
generates $27 billion in wages and salaries and $6.7 billion
in state and local tax revenue; and
Whereas, The United States Census Bureau reports that each
year 7.4 million people engage in outdoor recreation in
California, which contributes over $8 billion of wildlife-
related recreation spending to the state economy; and
Whereas, Despite the LWCF's successes, many more lands and
resources remain vulnerable and in critical need of
investment, and many urban and rural populations remain
underserved; and
Whereas, The LWCF will expire if not reauthorized by
Congress before September 30, 2015: Now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature urges Congress to
permanently reauthorize and fully fund the Land and Water
Conservation Fund; and be it further
Resolved, That the Chief Clerk of the Assembly transmit
copies of this resolution to the President and Vice President
of the United States, to the Speaker of the House of
Representatives, to the Majority Leader of
[[Page S8489]]
the Senate, to each Senator and Representative from
California in the Congress of the United States, and to the
author for appropriate distribution.
____
POM-115. A resolution adopted by the Senate of the State of
Michigan urging the United States Congress to restore Great
Lakes Restoration Initiative funding to $300 million for
fiscal year 2016; to the Committee on Environment and Public
Works.
Senate Resolution No. 42
Whereas, The Great Lakes are a critical resource for our
nation, supporting the economy and a way of life in Michigan
and the other seven states within the Great Lakes region. The
Great Lakes hold 20 percent of the world's surface freshwater
and 95 percent of the United States' surface freshwater. This
globally significant freshwater resource provides drinking
water for more than 30 million people and is an economic
driver that supports jobs, commerce, agriculture,
transportation, and tourism throughout the region; and
Whereas, The Great Lakes Restoration Initiative (GLRI)
provides essential funding to restore and protect the Great
Lakes. This funding has supported long overdue efforts to
clean up toxic pollution, reduce runoff from cities and
farms, combat invasive species like the Asian carp, and
restore fish and wildlife habitat. Since 2010, the federal
government has invested nearly $2 billion in more than 2,000
projects through the GLRI. Over its first five years, the
GLRI has provided more than $280 million for 580 projects in
Michigan alone; and
Whereas, GLRI projects are making a significant difference.
They have restored more than 115,000 acres of fish and
wildlife habitat; opened up fish access to more than 3,400
miles of rivers; helped implement conservation programs on
more than 1 million acres of farmland; and accelerated the
cleanup of toxic hotspots. In Michigan, GLRI funding has been
instrumental in removing contaminated sediments from Muskegon
Lake, the River Raisin, and the St. Mary's River; restoring
habitat along the St. Clair River, Cass River, Boardman
River, and the Keweenaw Peninsula; and developing improved
methods for sea lamprey control; and
Whereas, While this is a significant investment, there is
still more work to be done with numerous ready-to-go projects
that need funding. Toxic algal blooms, beach closings, fish
consumption advisories, and the presence of contaminated
sediments continue to limit the recreational and commercial
use of the Great Lakes. The 2014 shutdown of the city of
Toledo's drinking water system due to a toxic algal bloom,
forcing more than a half million people to find another
source of drinking water, is just one example of how much
still needs to be done; and
Whereas, Proposed cuts to GLRI funding would jeopardize the
momentum from a decade of unprecedented regional and
bipartisan cooperation. The FY 2016 executive budget
recommends a $50 million cut in federal funding to $250
million. This cut would be a shortsighted, cost-saving
measure with long-term implications. Restoration efforts will
only become more expensive and more difficult if they are not
addressed in the coming years: Now, therefore, be it
Resolved by the Senate, That we urge the Congress of the
United States to restore Great Lakes Restoration Initiative
funding to $300 million for fiscal year 2016; and be it
further
Resolved, That copies of this resolution be transmitted to
the President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of
the Michigan congressional delegation.
____
POM-16. A joint resolution adopted by the Legislature of
the State of California urging the President of the United
States to encourage the Secretary of Health and Human
Services to adopt policies to repeal the current and upcoming
discriminatory donor suitability policies of the United
States Food and Drug Administration (FDA) regarding blood
donations; to the Committee on Health, Education, Labor, and
Pensions.
Assembly Joint Resolution No. 16
Whereas, Since 1983, the United States Food and Drug
Administration (FDA), an agency under the United States
Department of Health and Human Services (HHS), has prohibited
the donation of blood by any man who has had sex with another
man (MSM) at any time since 1977; and
Whereas, in December 2014, based on recommendation from the
HHS Advisory Committee on Blood and Tissue Safety and
Availability, the FDA announced its intent to promulgate
regulations to allow an MSM to donate blood only if he has
not been sexually active for the past 12 months. Despite
these recent steps toward a policy change, a double standard
would still exist under the policy as it is proposed to be
revised because it would still treat gay and bisexual men
differently from heterosexual men; and
Whereas, California law prohibits discrimination against
individuals on the basis of actual or perceived sex, sexual
orientation, gender identity. and gender-related appearance
and behavior, and
Whereas, Spain, Italy, Russia, Mexico, and Portugal have
adopted blood donor policies that measure risk against a set
of behaviors sexual and otherwise, rather than the sex of a
person's sexual partner or partners; and
Whereas, The FDA does not allow gay and bisexual men in
committed relationships to donate blood because, while one
partner may be monogamous, that individual cannot guarantee
that the other partner is monogamous. The FDA does not apply
this same logic to heterosexual relationships, which in
effect discriminates against gay and bisexual men; and
Whereas, a 12-month deferral policy for gay and bisexual
men to donate blood is overly stringent given the scientific
evidence, advanced testing methods, and the safety and
quality control measures in place within the different FDA-
qualified blood donating centers. The techniques can identify
within 7 to 10 days with 99.9 percent accuracy whether or not
a blood sample is HIV-positive, and the chance of the blood
test being inaccurate within the 10-day window is about 1 in
2,000,000; and
Whereas, The General Social Survey conducted by NORC by
NORC at the University of Chicago estimates that 8.5 percent
of men in the United States have had at least one male sexual
partner since 18 years of age, 4.1 percent of men report at
least one male sex partner in the last 5 years, and 3.8
percent report a male sex partner in the last 12 months; and
Whereas, An estimated 45.4 percent of men (54 million) in
the United States are eligible to donate blood, but only 8.7
percent of eligible men actually do. There are 15.7 million
donations of blood per year made by 9.2 million donors,
yielding approximately 1.7 donations per donor; and
Whereas, The Williams Institute of the University of
California at Los Angeles School of Law estimates that, based
on the population of eligible and likely donors among the MSM
community, lifting the federal lifetime deferral policy on
blood donation by an MSM would result in 4.2 million newly
eligible male donors, of which 360,600 would likely donate,
generating 615,300 additional pints of blood. Applying
national estimates to the California population, the
Institute further estimates that lifting the ban on MSM blood
donations would add an additional 510,000 eligible men to the
current blood donor pool, of which 43,917 would likely
donate, resulting in an additional 74,945 donated pints in
California: Now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the California State Legislature
calls upon the President of the United States to encourage
the Secretary of the United States Department of Health and
Human Services to adopt policies to repeal the current and
upcoming discriminatory donor suitability policies of the
United States Food and Drug Administration (FDA) regarding
blood donations by men who have had sex with another man and,
instead, direct the FDA to develop science-based policies
such as criteria based on risky behavior in lieu of sexual
orientation; and be it further
Resolved, That the Chief Clerk of the Assembly transmit
copies of this resolution to the President and Vice President
of the United States, to the Secretary of the United States
Department of Health and Human Services, to the Speaker of
the House of Representatives, to the Majority Leader of the
Senate, and to each Senator and Representative from
California in the Congress of the United States.
____
POM-117. A resolution adopted by the Senate of the State of
Michigan urging the United States Congress to enact
legislation that requires uniform and science-based food
labeling nationwide; to the Committee on Health, Education,
Labor, and Pensions.
Senate Resolution No. 59
Whereas, In the absence of a federal genetically modified
organism (GMO) labeling standard, some states and localities
have developed a patchwork of labeling proposals that can be
confusing and misleading to consumers. Multiple local
regulations increase agriculture and food production costs,
requiring food companies operating in Michigan to create
separate supply chains to be developed for each state; and
Whereas, GMOs are found in 70 to 80 percent of the foods we
eat and play a vital role in maintaining Michigan's
agriculture, food processing, and other industries. In 2014,
100 percent of all sugar beets, 93 percent of all corn, and
91 percent of all soybeans grown in Michigan were genetically
modified; and
Whereas, A maze of regulations would cripple interstate
commerce throughout the food supply and distribution chain
and ultimately increase grocery prices for consumers by
hundreds of dollars each year. A Cornell University study
found that a patchwork of state labeling laws would increase
food costs for a family by an average of $500 per year; and
Whereas, On July 23, 2015, the U.S. House of
Representatives passed bipartisan legislation--the Safe and
Accurate Food Labeling Act (H.R. 1599)--to avoid this
patchwork of regulations and the costly challenges it
creates; and
Whereas, Senate passage of the Safe and Accurate Food
Labeling Act will allow consumers to have access to accurate
and consistent information on products that contain CMOs by
ensuring that labeling is national, uniform, and science-
based. The bill also establishes a United States Department
of Agriculture (USDA)-administered certification and labeling
program, modeled after the USDA National Organic Program for
non-GMO, organic foods: Now, therefore, be it
[[Page S8490]]
Resolved by the Senate, That we urge the United States
Congress to enact legislation that requires uniform and
science-based food labeling nationwide; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of
the Michigan congressional delegation.
____
POM-118. A joint resolution adopted by the Legislature of
the State of California urging the President of the United
States and the United States Congress to take steps to reform
the outdated and inadequate Official Poverty Measure to
better reflect poverty and the unmet needs demonstrated by
the Supplemental Poverty Measure; to the Committee on
Homeland Security and Governmental Affairs.
Assembly Joint Resolution No. 22
Whereas, The Official Poverty Measure is determined by the
United States Census Bureau and is instrumental in
determining an individual's eligibility for a number of
government programs, including the Supplemental Nutrition
Assistance Program; Medicaid; School Lunch Program; Women,
Infants, and Children Program; Housing Assistance; and
others; and
Whereas, The method we use today was developed in 1964 by
Mollie Orshansky of the Social Security Administration; and
Whereas, Orshansky's method used before-tax cash income to
deterimine a family's resources, which was then compared to a
poverty threshold; and
Whereas, In determining this poverty threshold, Orshansky
used a food plan developed by the federal Department of
Agriculture that was designed for ``temporary or emergency
use when funds are low,'' and then multiplied the cost of the
plan by three because, at the time, a family typically used
about a third of their income on food; and
Whereas, Other than minor changes, the method has remained
the same over time, despite significant economic and
governmental changes, including the introduction of Medicare
and Medicaid, the shift from a manufacturing to a service
economy, welfare reform of the 1990s, and the general
stagnation of wages; and
Whereas, The Official Poverty Measure is a one-size-fits-
all policy that leads to a distorted perception of poverty
and an inefficient allocation of resources to fight poverty;
and
Whereas, The Official Poverty Measure has failed to
accurately measure poverty because it has not kept up with
the changes to our economy and social science research; and
Whereas, The Official Poverty Measure does not take into
account that families no longer spend one-third of their
income on food; they currently spend between 5 to 10 percent;
and
Whereas, The Official Poverty Measure does not account for
noncash transfers, such as the Supplemental Nutrition
Assistance Program or Medicaid, as income; and
Whereas, The Official Poverty Measure does not account for
variations in cost of living in different regions of our
country; and
Whereas, Low-income working families in California are
especially disadvantaged by the Official Poverty Measure due
to our state's high cost of living, which results in the
denial of federally funded assistance to families living
above the federal poverty line, but who are unable to meet
their basic needs; and
Whereas, The Official Poverty Measure does not account for
the increase in child care expenses due to the rise in the
workforce participation of both parents; and
Whereas, The Official Poverty Measure does not account for
variations in health care coverage and out-of-pocket medical
costs; and
Whereas, Historically, there has been widespread agreement
among analysts, advocates, and policymakers that the Official
Poverty Measure is inadequate, leading to a 1990
Congressional appropriation that was made for an independent
scientific study on a new calculation method; and
Whereas, This study was performed by The National Academy
of Sciences, which established the Panel on Poverty and
Family Assistance. The panel released a report in 1995
entitled ``Measuring Poverty: A New Approach'' which
established guidelines for creating a new method; and
Whereas, Fifteen years later, in 2010, the Interagency
Technical Working Group on Developing a Supplemental Poverty
Measure and the Census Bureau and the Bureau of Labor
developed an alternative poverty measure known as the
Supplemental Poverty Measure; and
Whereas, The Supplemental Poverty Measure was designed to
take into account changes in the United States economy over
time, cost-of-living variations in different parts of the
country, and the changing role of government; and
Whereas, The Supplemental Poverty Measure more accurately
measures poverty by using a basic set of goods that includes
food, clothing, shelter, and utilities, adjusted to reflect
the needs of different family types and to account for
geographic differences in living costs to establish what is
known as a poverty threshold; and
Whereas, The Supplemental Poverty Measure defines family
resources as the value of cash income from all sources, plus
the value of noncash benefits, including nutrition
assistance, subsidized housing, home energy assistance, tax
credits, and other benefits that are available to buy the
basic bundle of goods, minus the necessary expenses for
critical goods and services not included in the thresholds;
and
Whereas, Necessary expenses include income taxes, Social
Security payroll taxes, childcare and other work-related
expenses, child support payments, and contributions toward
the cost of medical care and health insurance premiums or
out-of-pocket medical costs; and
Whereas, The Supplemental Poverty Measure offers a more
accurate measure of poverty than the general Official Poverty
Measure; and
Whereas, The use of the Official Poverty Measure can have a
detrimental effect on policies to combat poverty because it
results in less efficient and less accurately targeted
policies and expenditures; and
Whereas, It is vital that we implement a fair poverty
measure that allows us to efficiently allocate resources and
focus on regions and populations that need help the most; and
Whereas, Given the numerous inadequacies of the Official
Poverty Measure as a tool to accurately target and
efficiently allocate antipoverty resources, the Supplemental
Poverty Measure should guide the reform and updating of the
Official Poverty Measure for administrative purposes in
determining financial eligibility for programs intended to
reduce poverty: Now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California jointly, That the Legislature of California urges
the President and the Congress of the United States to take
steps to reform the outdated and inadequate Official Poverty
Measure to better reflect poverty and the unmet needs
demonstrated by the Supplemental Poverty Measure; and be it
further
Resolved, That the Chief Clerk of the Assembly transmit
copies' of this resolution to the President and the Vice
President of the United States, to the Speaker of the House
of Representatives, to the Majority Leader of the Senate, and
to each Senator and Representative from California in the
Congress of the United States, to the Governor of California,
and to the author of this resolution.
____
POM-119. A joint resolution adopted by the Legislature of
the State of California memorializing August 6, 2015, as the
50th anniversary of the signing of the Voting Rights Act of
1965, and urging the United States Congress and the President
of the United States to continue to secure citizens right to
vote and remedy any racial discrimination in voting; to the
Committee on the Judiciary.
Assembly Joint Resolution No. 13
Whereas, Signed into law on August 6, 1965, by President
Lyndon B. Johnson, the Voting Rights Act of 1965 is a
landmark piece of federal legislation in the United States;
and
Whereas, One hundred and forty-five years ago, in 1870,
Congress ratified the 15th Amendment, which declared that the
right to vote shall not be denied or abridged on the basis of
race, color, or previous condition of servitude; and
Whereas, By 1910, violence and intimidation resulted in
nearly all black citizens being disenfranchised and removed
from the voter rolls in the former Confederate States,
undermining the promise of equal protection under the law;
and
Whereas, Native American, Latino, and Asian American/
Pacific Islander communities experienced similar attempts to
disenfranchise citizens in their communities throughout the
United States; and
Whereas, Between 1870 and 1965, voters faced, ``first-
generation barriers,'' such as poll taxes, literacy tests,
vouchers of ``good character,'' disqualification for ``crimes
of moral turpitude'', and other tactics intended to keep
African Americans from the polls on Election Day; and
Whereas, During the 1920s, African Americans in Selma,
Alabama formed the Dallas County Voters League (DCVL). During
the 1960s in partnership with organizers from the Student
Nonviolent Coordinating Committee, the DCVL held registration
drives and classes to help African Americans in Dallas County
pass the literacy tests required to register to vote. On
March 7th, 1965, the first march from Selma to Montgomery
took place. The march, nicknamed ``Bloody Sunday'' for the
horrific attack on unarmed marchers by armed police, was
broadcast nationwide and led to a national outcry for the
passage of the Voting Rights Act, and
Whereas, Often regarded as one of the most effective civil
rights laws, the Voting Rights Act was passed with the intent
to ban discriminatory voting policies at all levels of
government; and
Whereas, The Voting Rights Act is credited for the
enfranchisement of millions of minority voters as well as the
diversification of the electorate and legislative bodies
throughout all levels of government; and
Whereas, Before Section 203 of the Voting Rights Act was
added in 1975, language minorities were disenfranchised from
the electoral process. Section 203 required certain
jurisdictions to provide registration or voting notices,
forms, instructions, assistance, or other materials and
information regarding the electoral process in the language
of the applicable minority group; and
Whereas, In June of 2013, the Supreme Court struck down key
sections of the Voting Rights Act that were designed to
prevent discriminatory voting policies that can
disenfranchise minority voters; and
[[Page S8491]]
Whereas, Despite 50 years of progress, racial minorities
continue to face voting barriers in jurisdictions with a
history of discrimination; and
Whereas, To build a stronger and more cohesive state and
nation, we must continue to help advance the cause of voter
equality and equal access to the political process for all
people in order to protect the rights of every American and
Whereas, We must continue to educate the next generation
about the importance of civic engagement in our communities:
Now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature recognizes August
6, 2015, as the 50th Anniversary of the signing of the Voting
Rights Act of 1965, and recognizes the significant progress
made by the Voting Rights Act to protect every citizen's
right to vote; and be it further
Resolved, That the Legislature honors and remembers those
who struggled and died for this freedom; and be it further
Resolved, That the Legislature urges the Congress and the
President of the United States to continue to secure
citizens' right to vote and remedy any racial discrimination
in voting; and be it further
Resolved, That the Chief Clerk of the Assembly transmit,
copies of this resolution to the President and Vice President
of the United States, to the Speaker of the House of
Representatives, to the Majority leader of the United States
Senate, and to each Senator and Representative from
California in the Congress of the United States.
____
POM-120. A joint resolution adopted by the Legislature of
the State of California memorializing the United States
Congress to ban the sale or display of any Confederate flag,
including the Confederate Battle Flag, on federal property
and encourage states to ban the use of Confederate States of
America symbolism from state flags, seals, and symbols, and
would encourage the donation of Confederate artifacts to
museums; to the Committee on the Judiciary.
Assembly Joint Resolution No. 26
Whereas, According to the 1860 United States Census, the
United States population was 31,443,321. The total number of
slaves in the Lower South was 2,312,352, comprising 47
percent of the total population, and the total number of
slaves in the Upper South was 1,208,758, comprising 29
percent of the total population; and
Whereas, South Carolina had a clear Black majority from
about 1708 through most of the 18th century. By 1720, there
were approximately 18,000 people living in South Carolina and
65 percent of those were African American slaves. South
Carolina's slave population grew to match the success of its
rice culture. Whereas in 1790, there were slightly more
Whites than Blacks, with 140,178 Whites and 108,806 Blacks
living in South Carolina. By 1860, the Black population had
grown, with 291,300 Whites and 412,320 Blacks, to nearly
double the White population; and
Whereas, The Southern United States, including the States
of Alabama, Arkansas, Florida, Georgia, Louisiana,
Mississippi, North Carolina, Texas, West Virginia, Virginia,
and South Carolina, seceded, from the greater union in 1860
to join the Confederate States of America under President
Jefferson Davis and General Robert E. Lee; and
Whereas, The symbolism of the Confederate flag when the
states seceded in 1860 represented, in its personification,
secession and treason; and
Whereas, The first official national flag of the
Confederacy, often called the Stars and Bars, was flown from
March 4, 1861, to May 1, 1863, inclusive. The Stars and Bars
flag was adopted March 4, 1861, in the first temporary
national capital of Montgomery, Alabama, and was raised over
the dome of that first Confederate Capitol; and
Whereas, At the First Battle of Manassas, the first battle
of the Civil War, the similarity between the Stars and Bars
and the Stars and Stripes caused confusion and military
problems. Regiments carried flags to help commanders observe
and assess battles in the warfare of the era. At a distance,
the two national flags were hard to tell apart. In addition,
Confederate regiments carried many other flags, which added
to the possibility of confusion; and
Whereas, After the battle, General Pierre Gustave Toutant
Beauregard, a prominent general of the Confederate States
Army during the Civil War, wrote that he was resolved then to
have the Confederate flag changed if possible, or to adopt
for his command a ``battle flag,'' the Stars and Bars, that
would be entirely different from any state or federal flag.
His aide William Porcher Miles, the former chair of the
Committee on the Flag and Seal, described his rejected
national flag design to Beauregard. Miles also told the
Committee on the Flag and Seal about the general's complaints
and request for the national flag to be changed. The
committee rejected this idea by a four to one vote, after
which Beauregard proposed the idea of having two flags. He
described the idea in a letter to his commander General
Joseph E. Johnston: ``How would it do for us to address the
War Dept. on the subject for a supply of Regimental or badge
flags made of red with two blue bars crossing each other
diagonally on which shall be introduced the stars, . . . We
would then on the field of battle know our friends from our
enemies''; and
Whereas, Although the soldiers of the Confederacy were
never tried by the United States government after the Civil
War, Jefferson Davis and General Robert E. Lee were indicted
and later acquitted of all charges by President Andrew
Johnson as he left office in 1869; and
Whereas, After the Civil War ended, groups such as the Ku
Klux Klan were formed to promote White supremacy and racial
hatred. The Ku Klux Klan, perhaps the most infamous, was one
of the first groups to continue using the Confederate flag
after the war. The Ku Klux Klan rallied others still vexed
after the war to instill fear and spout hate against freed
African Americans; and
Whereas, The flag was later resurrected in the 1950s to
rally resistance to the Civil Rights movement and support the
South's desire to maintain segregation and further the
policies of Jim Crow; and
Whereas, In South Carolina the Confederate flag was moved
to the top of their State Capitol building in 1962, after
President John F. Kennedy called on the Congress of the
United States to end poll taxes and literacy tests for
voting, and the United States Supreme Court struck down
segregation in public transportation; and
Whereas, According to the Southern Poverty Law Center,
there are 788 ``hate groups'' in the United States. Of these,
57 are located in the State of California, which is the
highest of any state. There are a total of 283 of these hate
groups in the former Confederate states. Nineteen of these
hate groups reside in South Carolina. Of these 19 hate
groups, 16 use the Confederate flag as one of their symbols.
These hate groups include the Ku Klux Klan, Neo-Nazis, and
Neo-Confederates; and
Whereas, African Americans make up 15.6 percent of the
population of the United States, or 45 million people, but in
2013, they were victims of one-third of all hate crimes in
the United States, which is the highest number of any group
in America; and
Whereas, On June 17, 2015, Dylann Roof went to Emanuel AME
Church in Charleston, South Carolina, and opened fire during
a Wednesday Bible study, killing nine of the church's
attendees; and
Whereas, Over the last five years, friends of Dylann Roof
had seen him become increasingly aligned with White
supremacist ideologies. They observed his behavior becoming
more fanatical than that of the most notorious hate groups in
his native South Carolina. Dylann Roof believed that it was
up to him to do the work that other hate groups were failing
to do. Dylann Roof believed that African Americans were
``stupid and violent'' people and viewed Hispanics and
Latinos as the ``enemy''; and
Whereas, Dylann Roof has been photographed on various
occasions with the same Confederate flag that many of these
hate groups proudly display; and
Whereas, Sixty-nine percent of those surveyed by Public
Policy Polling believe that the shooting attack at Emanuel
AME Church in Charleston, South Carolina, was a hate crime
and 34 percent surveyed believe it was a form of terrorism;
and
Whereas, Since the end of the Civil War, private and
official use of the Confederacy's flags, and of flags with
derivative designs, has continued and generated
philosophical, political, cultural, and racial controversy in
the United States. These include flags displayed in states,
cities, towns, counties, schools, colleges, or universities,
or by private organizations, associations, or by individuals;
and
Whereas, In some American states the Confederate flag is
given the same protection from burning and desecration as the
United States flag. It is protected from being publicly
mutilated, defiled, or otherwise cast in contempt by the laws
of five states: Florida, Georgia, Louisiana, Mississippi, and
South Carolina. However, laws banning the desecration of any
flag, even if technically remaining in effect, were ruled
unconstitutional in 1989 by the United States Supreme Court
in Texas v. Johnson and are not enforceable; and
Whereas, In 2000, South Carolina passed a bill to remove
the Confederate flag from the top of the state house dome. It
had been placed there since the early 1960s by an all-White
South Carolina Legislature to mark the 100th anniversary of
the Civil War. The flaw was moved to the north end of the
state house as part of a compromise. However, to this day,
there have been protests to have the flag removed from there
as well; and
Whereas, To many groups, especially African Americans, the
Confederate flag is a symbol of hate, racism, exclusion,
oppression, and violence. Its symbolism and history are
directly linked to the enslavement, torture, and murder of
millions of African Americans; and
Whereas, Today, as in the past, public display of the
Confederate flag is believed to instill fear, intimidation,
and a direct threat of violence towards others, though a
minute number of groups disagree, claiming that the
Confederate flag commemorates Southern heritage; and
Whereas, In 2014, the State of California, through the
enactment of Assembly Bill 2444, became the first state to
ban the state sale and display of the Confederate flag. The
State of California may not sell or display the Battle Flag
of the Confederacy, also referred to as the Stars and Bars,
or any similar image, or tangible personal property inscribed
with that image unless the image appears in a book, digital
medium, or state museum that serves an educational or
historical purpose; and
Whereas, On June 22, 2015, Governor Nikki Haley of South
Carolina called upon her
[[Page S8492]]
state to remove the Confederate flag from the capitol grounds
in the wake of the Emanuel AME Church shooting: Now,
therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of California
encourages the United States Congress to identify the states
that have a Confederate symbol embedded into their state's
flag; and be it further
Resolved, That the Legislature memorializes the United
States Congress to encourage states to ban the use of the
former Confederate States of America symbolism and seals from
all state flags, seals, and symbols; and be it further
Resolved, That the Legislature memorializes the United
States Congress to ban the sale and display of any
Confederate flag, including the Confederate Battle Flag, on
federally owned properties and buildings and to urge those
states that sell or display the flag at their capitols to
have the flag removed; and be it further
Resolved, That the Legislature encourages the United States
Congress to encourage businesses to urge their states to take
down any Confederate flag, including the Confederate Battle
Flag, from their capitols; and be it further
Resolved, That the Legislature encourages the donation of
any effects representing the former Confederate States of
America to local, state, and national museums; and be it
further
Resolved, That the Chief Clerk of the Assembly transmit
copies of this resolution to the President and Vice President
of the United States, to the Speaker of the House of
Representatives, to the Minority Leader of the House of
Representatives, to the Majority Leader of the Senate, to the
Minority Leader of the Senate, to each Senator and
Representative from California, and to the governors of the
southern states including Alabama, Arkansas, Florida,
Georgia, Louisiana, Mississippi, North Carolina, South
Carolina, Tennessee, Texas, and Virginia.
____
POM-121. A resolution adopted by the Senate of the State of
Michigan opposing the United States Environmental Protection
Agency's efforts to study or commission a study that, if
consistent with the agency's past practices, many fear will
serve as the first step towards the regulation of grills and
barbecues; to the Committee on Environment and Public Works.
Senate Resolution No. 56
Whereas, Barbecues are an American tradition enjoyed by
families from all walks of life across the country. Whether
tailgating for a football game, hosting a backyard get-
together, or just grilling a summer meal, barbecues are a
quintessentially American experience and an opportunity to
eat and socialize with family and friends; and
Whereas, Cooking outdoors on a grill during the summer
saves electricity. Using a grill prevents the release of heat
into the kitchen and other living spaces, while cooking
indoors heats up a kitchen, forcing cooling systems, such as
the refrigerator and air conditioner, to work harder and use
more energy; and
Whereas, The United States Environmental Protection Agency
(EPA), our nation's environmental regulatory agency, has
funded a University of California-Riverside student project
to develop preventative technology to reduce emissions from
residential barbecues. By funding this project, the EPA is
apparently intent on finding a solution to a problem that
does not exist and demonstrating an unnecessary interest and
concern over the impact of backyard barbecues on public
health; and
Whereas, Based on the EPA's past practices, today's study,
no matter how small, is a concern to Michiganders and
Americans, as it is inevitably the first step towards
tomorrow's regulation of this American pastime. To fulfill
its mission to protect human health and the environment, the
EPA's primary tool has been, and continues to be, regulatory
mandates that time and again ignore the financial, economic,
and social burdens to the state and the country. The
regulation of barbecues would be the latest, egregious
example of overreach by the EPA; and
Whereas, Funding such a study is a poor use of taxpayer
dollars. In the face of record national debts, annual budget
deficits, and other profound problems the country is facing,
surely the federal government can better use our resources
than on a study of grills and backyard barbecues: Now,
therefore, be it
Resolved by the Senate, That we oppose the United States
Environmental Protection Agency's efforts to study or
commission a study that, if consistent with the agency's past
practices, many fear will serve as the first step towards the
regulation of grills and barbecues; and be it further
Resolved, That copies of this resolution be transmitted to
Administrator of the United States Environmental Protection
Agency and the members of the Michigan congressional
delegation.
POM-122. A resolution passed by the City Council of San
Jose, California, urging the United States Congress to pass
H.R. 2140, the ``Vietnam Human Rights Act of 2015'', to hold
individuals who commit egregious human rights violations
accountable by imposing financial and travel sanctions upon
those citizens of the Socialist Republic of Vietnam, and
their family members, who are complicit in human rights abuse
committed in Vietnam; to the Committee on Foreign Relations.
POM-123. A resolution passed by the City Council of
Sebastopol, California urging passage of meaningful, common
sense gun control measures; to the Committee on the
Judiciary.
____________________