PRINTER'S NO. 377
No. 374 Session of 1995
INTRODUCED BY D. W. SNYDER, JADLOWIEC, FLICK, BROWN, CLARK,
BATTISTO, STEIL, FARMER, LYNCH, FICHTER, STERN, CONTI, ALLEN,
STISH, CHADWICK, BUNT, FARGO, NYCE, GRUPPO, ZUG, PHILLIPS,
WAUGH, McCALL, ROBERTS, FAIRCHILD, SCHULER, KING, THOMAS,
M. N. WRIGHT, HANNA, J. TAYLOR, GODSHALL, HENNESSEY, KENNEY,
STAIRS, E. Z. TAYLOR, TRUE, ARGALL AND GEIST,
JANUARY 26, 1995
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS,
JANUARY 26, 1995
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 desires to personally protect
5 the sovereignty of this Commonwealth 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 legislative level and may be more sensitive to Federal
11 usurpation of the authority of the Commonwealth.
12 (4) Nothing in this act shall be construed to authorize
13 the Joint Legislative Committee on Federal Mandates to
14 exercise the legislative power vested in the General Assembly
15 by section 1 of Article II of the Constitution of
16 Pennsylvania.
17 Section 3. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Committee." The Joint Legislative Committee on Federal
22 Mandates established in section 4.
23 Section 4. Joint Legislative Committee on Federal Mandates.
24 (a) Establishment.--The Joint Legislative Committee on
25 Federal Mandates is established.
26 (b) Membership.--
27 (1) The committee shall consist of:
28 (i) the President pro tempore of the Senate;
29 (ii) four members of the Senate appointed by the
30 President pro tempore of the Senate;
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1 (iii) the Speaker of the House of Representatives;
2 and
3 (iv) four members of the House of Representatives
4 appointed by the Speaker of the House of Representatives.
5 (2) No more than three members of the Senate or House of
6 Representatives, including the President pro tempore of the
7 Senate and the Speaker of the House of Representatives, shall
8 be from the same political party.
9 (c) Terms.--Members shall serve two-year terms ending on the
10 convening of the regular session of the General Assembly in each
11 odd-numbered year.
12 (d) Legal meetings.--The committee shall meet on the call of
13 the President pro tempore of the Senate or the Speaker of the
14 House of Representatives. A majority of the members constitutes
15 a quorum for the transaction of business.
16 (e) Duties.--The committee shall:
17 (1) Annually review the activities of Congress and the
18 Federal Government, including court rulings with regard to
19 any laws, regulations or other actions that may require the
20 Commonwealth to comply with any Federal mandate.
21 (2) Take any action necessary to protect the
22 constitutional rights and sovereignty of the Commonwealth
23 against Federal mandates.
24 (3) Arrange for and conduct an annual joint session of
25 the General Assembly or a meeting of the committee and
26 request the attendance of all members of Congress from
27 Pennsylvania to discuss issues relating to Federal mandates
28 and the appropriate use of Federal power to influence State
29 policy.
30 (f) Staff.--The committee may utilize legislative staff for
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1 research and other services required by the committee.
2 Section 5. Effective date.
3 This act shall take effect immediately.
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