September 19, 2019 - Issue: Vol. 165, No. 151 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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PETITIONS AND MEMORIALS; Congressional Record Vol. 165, No. 151
(Senate - September 19, 2019)
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[Pages S5600-S5602] 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-137. A joint resolution adopted by the Legislature of the State of California urging the United States Congress to enact legislation to repeal the Government Pension Offset and the Windfall Elimination Provision from the Social Security Act; to the Committee on Finance. Senate Joint Resolution No. 3 Whereas, Two Federal Social Security Administration laws, the Windfall Elimination Provision and the Government Pension Offset, passed by Congress more than 30 years ago without statistical analysis, diminish or eliminate the fully earned Social Security benefits or large numbers of public service employees in California: and Whereas, These provisions affect workers who have been employed in a government position that is not coordinated with the Social Security program, such as California public school teachers who have not been able to receive Social Security credits since 1965; and Whereas, Most peace officers, including the California Highway Patrol, firefighters, and many other public servants working for cities and special districts are not covered by Social Security, making them subject to these provisions; and Whereas, In California, more than 300,000 retirees have had their Social Security benefits diminished or completely eliminated by these laws; and Whereas, Effective government requires highly qualified and motivated personnel, and California government agencies need to compete to recruit and retain outstanding employees, including hiring 16,000 new public school teachers each year; and Whereas, The recruitment and retention of qualified individuals reentering the workforce is impeded by these two provisions, which reduce or eliminate the Social Security retirement benefits either earned by workers, themselves, or received through dependent status; and Whereas, The Government Pension Offset severely cuts, and usually eliminates, all spousal and survivor benefits that were earned from what is deemed by the State of California to be community property income; and Whereas, The Government Pension Offset requires that a recipient of benefits report any yearly cost-of-living increase in the recipient's public pension, so that the recipient's Social Security benefits may be reduced by two- thirds of that amount; and Whereas, The Windfall Elimination Provision cuts earned Social Security benefits from work that is separate from the work for which the individual earned a pension from a governmental entity: and Whereas, The Windfall Elimination Provision subverts the purpose of Social Security retirement benefits by eliminating the formula that reimburses low-income workers at a higher rate than high-income workers, causing severe hardships for those who have not had high-paying public service; and Whereas, Until 2005, there were no requirements that a public employer advise new workers that they would be subject to these penalties; Now, therefore, be it Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature requests that the Congress of the United States enact legislation to repeal the Government Pension Offset and the Windfall Elimination Provision from the Social Security Act, and further requests that President Donald Trump sign that legislation; and be it further Resolved, That the Secretary or the Senate 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, to each Senator and Representative from California in the Congress of the [[Page S5601]] United States, and to the author for appropriate distribution. ____ POM-138. A joint resolution adopted by the General Assembly of the State of Arkansas applying to the United States Congress, under the provisions of Article V of the United States Constitution, for the calling of a convention of the states limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of the United States Congress; to the Committee on the Judiciary. Senate Joint Resolution No. 3 Whereas, the founders of the United States Constitution empowered state legislators to be guardians of liberty against excessive use of power by the federal government; and Whereas, the federal government has created a crushing national debt through improper and imprudent spending; and Whereas, the federal government has ceased to operate under a proper interpretation of the United States Constitution; and Whereas, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and Whereas, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, by proposing amendments to the United States Constitution through a convention of the states under Article V of the United States Constitution for the purpose of restraining these and related abuses of power: Now, Therefore, be it Resolved, By the Senate of the Ninety-second General Assembly of the State of Arkansas and by the House of Representatives, a majority of all Members elected to each House agreeing thereto: That the General Assembly hereby applies to the United States Congress, under the provisions of Article V of the United States Constitution, for the calling of a convention of the states limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of the United States Congress; and be it further Resolved, That the Secretary of the Senate is hereby directed to transmit copies of this application to the President of the United States Senate, the Secretary of the United States Senate, the Speaker of the United States House of Representatives, the Clerk of the United States House of Representatives, the members of the Arkansas congressional delegation, and the presiding officers of each house of the legislatures in the several states, requesting their cooperation; and be it further Resolved, That this application constitutes a continuing application in accordance with Article V of the United States Constitution until the legislatures of at least two-thirds (\2/3\) of the several states have made applications on the same subject; and be it further Resolved, That the General Assembly adopts this application expressly subject to the following reservations, understandings, and declarations: (1) An application to the United States Congress to call an amendment convention of the states pursuant to Article V of the United States Constitution confers no power to the United States Congress other than the power to call such a convention. The power of the United States Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a convention; (2) The United States Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two-thirds (\2/3\) of the legislatures of the several states; (3) The United States Congress does not have the power or authority to determine any rules for the governing of a convention for proposing amendments called pursuant to Article V of the United States Constitution. The United States Congress does not have the power to set the number of delegates to be sent by any state to such a convention, nor does it have the power to name delegates to such a convention. The power to name delegates remains exclusively within the authority of the legislatures of the several states; (4) By definition, an amendment convention of the states means that states shall vote on the basis of one (1) state, one (1) vote; (5) A convention for proposing amendments convened pursuant to this application shall be limited to consideration of the topics specified herein and no other. This application is made with the express understanding that an amendment that in any way seeks to amend, modify, or repeal any provision of the Bill of Rights of the United States Constitution shall not be authorized for consideration at any stage. This application shall be void ab initio if ever used at any stage to consider any change to any provision of the Bill of Rights of the United States Constitution; (6) Pursuant to Article V of the United States Constitution, the United States Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification conventions. The General Assembly recommends that the United States Congress select ratification by the legislatures of the several states; (7) The General Assembly may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided; and (8) Delegates are bound to the instructions provided by the General Assembly and a failure to follow the instructions provided constitutes a breach of the delegate's duty and subjects them to recall and replacement. ____ POM-139. A joint resolution adopted by the General Assembly of the State of Arkansas applying to the United States Congress, under the provisions of Article V of the United States Constitution, for the calling of a convention of the states limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of the United States Congress; to the Committee on the Judiciary. Senate Joint Resolution No. 3 Whereas, the founders of the United States Constitution empowered state legislators to be guardians of liberty against excessive use of power by the federal government; and Whereas, the federal government has created a crushing national debt through improper and imprudent spending; and Whereas, the federal government has ceased to operate under a proper interpretation of the United States Constitution; and Whereas, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and Whereas, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, by proposing amendments to the United States Constitution through a convention of the states under Article V of the United States Constitution for the purpose of restraining these and related abuses of power: Now, therefore, be it Resolved, By the Senate of the Ninety-second General Assembly of the State of Arkansas and by the House of Representatives, a majority of all Members elected to each House agreeing thereto: That the General Assembly hereby applies to the United States Congress, under the provisions of Article V of the United States Constitution, for the calling of a convention of the states limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of the United States Congress; and be it further Resolved, That the Secretary of the Senate is hereby directed to transmit copies of this application to the President of the United States Senate, the Secretary of the United States Senate, the Speaker of the United States House of Representatives, the Clerk of the United States House of Representatives, the members of the Arkansas congressional delegation, and the presiding officers of each house of the legislatures in the several states, requesting their cooperation; and be it further Resolved, That this application constitutes a continuing application in accordance with Article V of the United States Constitution until the legislatures of at least two-thirds (\2/3\) of the several states have made applications on the same subject; and be it further Resolved, That the General Assembly adopts this application expressly subject to the following reservations, understandings, and declarations: (1) An application to the United States Congress to call an amendment convention of the states pursuant to Article V of the United States Constitution confers no power to the United States Congress other than the power to call such a convention. The power of the United States Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a convention; (2) The United States Congress shall perform its ministerial duty of calling an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two-thirds (\2/3\) of the legislatures of the several states; (3) The United States Congress does not have the power or authority to determine any rules for the governing of a convention for proposing amendments called pursuant to Article V of the United States Constitution. The United States Congress does not have the power to set the number of delegates to be sent by any state to such a convention, nor does it have the power to name delegates to such a convention. The power to name delegates remains exclusively within the authority of the legislatures of the several states; (4) By definition, an amendment convention of the states means that states shall vote on the basis of one (1) state, one (1) vote; (5) A convention for proposing amendments convened pursuant to this application shall [[Page S5602]] be limited to consideration of the topics specified herein and no other. This application is made with the express understanding that an amendment that in any way seeks to amend, modify, or repeal any provision of the Bill of Rights of the United States Constitution shall not be authorized for consideration at any stage. This application shall be void ab initio if ever used at any stage to consider any change to any provision of the Bill of Rights of the United States Constitution; (6) Pursuant to Article V of the United States Constitution, the United States Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification conventions. The General Assembly recommends that the United States Congress select ratification by the legislatures of the several states; (7) The General Assembly may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided; and (8) Delegates are bound to the instructions provided by the General Assembly and a failure to follow the instructions provided constitutes a breach of the delegate's duty and subjects them to recall and replacement. ____ POM-140. A resolution adopted by the Board of Selectmen of the Town of Hampton, New Hampshire, urging the United States Congress to enact the Energy Innovation and Carbon Dividend Act of 2019; to the Committee on Finance. ____________________
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