PRINTER'S NO. 4200
No. 3058 Session of 1994
INTRODUCED BY GAMBLE, DeLUCA, NICKOL, FICHTER, TRELLO, GODSHALL,
STEIL, CLARK, LAUB, TIGUE, OLASZ, ROHRER, MARKOSEK,
M. N. WRIGHT, SAURMAN, STABACK, CESSAR, MELIO, CLYMER, BUNT,
BROWN, COLAFELLA, COLAIZZO, HALUSKA, GIGLIOTTI, LUCYK,
LaGROTTA, STISH, TANGRETTI, PESCI, KAISER, ROBERTS, MERRY,
ARMSTRONG, GANNON, MANDERINO, E. Z. TAYLOR, HUTCHINSON,
EGOLF, STAIRS, STERN, GERLACH, SERAFINI, LAUGHLIN, BELFANTI,
PETRARCA, GEIST, LEH AND DALEY, SEPTEMBER 28, 1994
REFERRED TO COMMITTEE ON FEDERAL-STATE RELATIONS,
SEPTEMBER 28, 1994
AN ACT
1 Providing for the legal review of Federal mandates; and
2 establishing the Constitutional Defense Council.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the
7 Constitutional Defense Council Act.
8 Section 2. Legislative findings and declarations.
9 The General Assembly finds and declares that:
10 (1) The Constitution of the United States envisions
11 sovereign states and guarantees the states a republican form
12 of government in which decisions are made by the elected
13 representative of the people.
14 (2) The power of State and local governments of the
1 Commonwealth, to better the lives of their citizens is being
2 encroached upon by the Federal Government.
3 (3) With increasing and alarming frequency important
4 decisions affecting the lives of Commonwealth residents that
5 should be left to the Commonwealth are being made by the
6 Federal Government in Washington, D.C.
7 (4) Federal mandates are being imposed on the
8 Commonwealth without accompanying tax dollars necessary to
9 implement the mandated programs.
10 (5) The impact of Federal mandates threatens the fiscal
11 integrity of this Commonwealth as well as our right of self-
12 determination.
13 (6) The intent of this legislation is to restore,
14 maintain and advance the sovereignty and authority of the
15 Commonwealth over issues that affect the State and the well-
16 being of its citizens.
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 "Council." The Constitutional Defense Council established in
22 section 4.
23 Section 4. Constitutional Defense Council.
24 (a) Establishment.--The Constitutional Defense Council is
25 established to carry out the provisions of this act.
26 (b) Membership.-- The council shall consist of the following
27 members:
28 (1) The Governor, who shall serve as chairman.
29 (2) The Lieutenant Governor.
30 (3) The Attorney General.
19940H3058B4200 - 2 -
1 (4) The Auditor General.
2 (5) The State Treasurer.
3 (6) The President pro tempore of the Senate.
4 (7) The Speaker of the House of Representatives.
5 (c) Legal meetings.--The council shall meet at times at the
6 call of the chair. A majority of the membership on the council
7 is required for a quorum to conduct council business. A majority
8 of the quorum is required for any action taken by the council.
9 (d) Powers and duties.--The council, in the name of this
10 Commonwealth or its citizens, may examine and challenge the
11 following by legal action, legislation or any other legal means:
12 (1) Federal mandates.
13 (2) Court rulings.
14 (3) The authority granted to or assumed by the Federal
15 Government.
16 (4) Laws, regulations and practices of the Federal
17 Government.
18 (5) Any other activity that is deemed appropriate by the
19 council.
20 Section 5. Constitutional Defense Council Fund.
21 The Constitutional Defense Council Fund is hereby
22 established. A council fund is established in the State Treasury
23 for deposit of appropriations, gifts, grants and other council
24 moneys. Moneys in the Constitutional Defense Council Fund are
25 continuously appropriated.
26 Section 6. Appropriations.
27 The sum of $1,000,000, or as much thereof as may be
28 necessary, is hereby appropriated to the General Fund for fiscal
29 year 1995-1996 to the Constitutional Defense Council to carry
30 out the provisions of this act.
19940H3058B4200 - 3 -
1 Section 7. Effective date.
2 This act shall take effect immediately.
I23L46JAM/19940H3058B4200 - 4 -