PRINTER'S NO. 4201

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 3059 Session of 1994


        INTRODUCED BY GAMBLE, OLASZ, TIGUE, ROHRER, LAUB, GODSHALL,
           MARKOSEK, STEIL, CLARK, GEIST, DeLUCA, NICKOL, FICHTER,
           TRELLO, FAIRCHILD, SAURMAN, STABACK, CESSAR, MELIO, CLYMER,
           BUNT, BROWN, WOGAN, PESCI, TANGRETTI, STISH, LaGROTTA, LUCYK,
           GIGLIOTTI, HALUSKA, COLAIZZO, COLAFELLA, FARMER, KAISER,
           ROBERTS, MERRY, ARMSTRONG, GANNON, MANDERINO, E. Z. TAYLOR,
           HUTCHINSON, EGOLF, STAIRS, STERN, SERAFINI, LAUGHLIN,
           BELFANTI, PETRARCA, LEH AND DALEY, SEPTEMBER 28, 1994

        REFERRED TO COMMITTEE ON FEDERAL-STATE RELATIONS,
           SEPTEMBER 28, 1994

                                     AN ACT

     1  Providing for the review and coordination of Federal mandates;
     2     and establishing the Joint Legislative Committee on Federal
     3     Mandates.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Joint
     8  Legislative Committee on Federal Mandates Act.
     9  Section 2.  Legislative findings and declarations.
    10     The General Assembly finds and declares that:
    11         (1)  The Tenth Amendment to the Constitution of the
    12     United States reads as follows: "The powers not delegated to
    13     the United States by the Constitution, nor prohibited by it
    14     to the States, are reserved to the States respectively, or to
    15     the people."

     1         (2)  The number of Federal mandates imposed upon the
     2     states by the Congress of the United States has increased
     3     alarmingly in recent years.
     4         (3)  The General Assembly of the Commonwealth desires to
     5     personally protect State sovereignty from Federal
     6     encroachment as well as communicate with the members of
     7     Congress from Pennsylvania concerning this critical problem
     8     so that these representatives may be completely cognizant of
     9     the effect the actions of the Federal Government have at the
    10     State legislative level and may be more sensitive to Federal
    11     usurpation of State authority.
    12  Section 3.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Committee."  The Joint Legislative Committee on Federal
    17  Mandates established in section 4.
    18  Section 4.  Joint Legislative Committee on Federal Mandates.
    19     (a)  Establishment.--A joint legislative committee on Federal
    20  mandates is established consisting of the President pro tempore
    21  of the Senate; four members of the Senate appointed by the
    22  President pro tempore of the Senate; the Speaker of the House of
    23  Representatives and four members of the House of Representatives
    24  appointed by the Speaker of the House of Representatives. No
    25  more than three members of the Senate or House of
    26  Representatives, including the President pro tempore and Speaker
    27  of the House of Representatives, shall be from the same
    28  political party. Members shall serve two-year terms ending on
    29  the convening of the regular session of the General Assembly
    30  each odd-numbered year.
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     1     (b)  Legal meetings.--The committee shall meet on the call of
     2  the President pro tempore of the Senate or the Speaker of the
     3  House of Representatives. A majority of the members constitutes
     4  a quorum for the transaction of business.
     5     (c)  Duties.--The committee shall:
     6         (1)  Review each year the activities of Congress and the
     7     Federal Government, including court rulings with regard to
     8     any laws, regulations or other actions that may require the
     9     Commonwealth to comply with any Federal mandate.
    10         (2)  Take any action necessary to protect the
    11     constitutional rights and sovereignty of the Commonwealth
    12     against Federal mandates.
    13         (3)  Arrange for and conduct an annual joint session of
    14     the General Assembly or a meeting of the committee and
    15     request the attendance of all members of Congress from
    16     Pennsylvania to discuss issues relating to Federal mandates
    17     and the appropriate use of Federal power to influence State
    18     policy.
    19     (d)  Staff.--The committee may utilize legislative staff for
    20  research and other services required by the committee.
    21  Section 5.  Effective date.
    22     This act shall take effect immediately.






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