41-1293. Joint legislative committee on federal mandates; members; powers and duties

A. A joint legislative committee on federal mandates is established consisting of the president of the senate who shall serve as cochairperson, six members of the senate appointed by the president of the senate, the speaker of the house of representatives who shall serve as cochairperson and six members of the house of representatives appointed by the speaker of the house of representatives. No more than four members of the senate or house of representatives shall be from the same political party. The president, speaker or both may appoint a member of their respective bodies to serve in lieu of the president or speaker on the committee. If the president or the speaker elects to appoint a member to serve in lieu of their respective position on the committee, the president or speaker shall designate the member from their respective body to serve as cochairperson. Members shall serve two year terms ending on the convening of the regular session of the legislature each odd-numbered year.

B. A majority of the members constitutes a quorum for the transaction of business. The committee shall meet on the call of either cochairperson.

C. The committee shall:

1. Review the activities of Congress and the federal government including court rulings with regard to any laws, regulations or other actions that may require this state to comply with any federal mandate.

2. Take any action necessary to protect this state's constitutional rights and sovereignty against federal mandates.

3. In the course of its review select mandates to be further studied to determine the following factors:

(a) Whether the federal mandate infringes on the sovereign role of states granted under the tenth amendment of the Constitution of the United States.

(b) Whether the federal mandate has a solid basis in law.

(c) Whether the federal mandate is necessary from a public health, safety and welfare perspective.

(d) Whether the federal mandate achieves a desirable social, economic or other public policy goal.

(e) Whether compliance with the federal mandate is mandatory and, if so, the consequences of noncompliance.

(f) How the federal mandate is funded.

(g) Whether uniformity of standards among the states is essential for the operation of the federal mandate or whether the states are or should be permitted flexibility that accounts for their unique situations.

(h) Whether this state is better able to administer the mandated function more efficiently than the federal government.

(i) Any other factors the committee deems to be important.

4. On or before December 31 of each year make a recommendation to the governor, the speaker of the house of representatives and the president of the senate as to whether this state should participate in the federal mandates the committee reviewed during the year.

D. The committee may:

1. Arrange for and conduct an annual joint session of the legislature or a meeting of the committee and request the attendance of all members of the Arizona congressional delegation to discuss issues relating to federal mandates and the appropriate use of federal power to influence state policy.

2. Utilize legislative staff for research and other services required by the committee.

41-1293. Joint legislative committee on federal mandates; members; powers and duties

A. A joint legislative committee on federal mandates is established consisting of the president of the senate who shall serve as cochairperson, six members of the senate appointed by the president of the senate, the speaker of the house of representatives who shall serve as cochairperson and six members of the house of representatives appointed by the speaker of the house of representatives. No more than four members of the senate or house of representatives shall be from the same political party. The president, speaker or both may appoint a member of their respective bodies to serve in lieu of the president or speaker on the committee. If the president or the speaker elects to appoint a member to serve in lieu of their respective position on the committee, the president or speaker shall designate the member from their respective body to serve as cochairperson. Members shall serve two year terms ending on the convening of the regular session of the legislature each odd-numbered year.

B. A majority of the members constitutes a quorum for the transaction of business. The committee shall meet on the call of either cochairperson.

C. The committee shall:

1. Review the activities of Congress and the federal government including court rulings with regard to any laws, regulations or other actions that may require this state to comply with any federal mandate.

2. Take any action necessary to protect this state's constitutional rights and sovereignty against federal mandates.

3. In the course of its review select mandates to be further studied to determine the following factors:

(a) Whether the federal mandate infringes on the sovereign role of states granted under the tenth amendment of the Constitution of the United States.

(b) Whether the federal mandate has a solid basis in law.

(c) Whether the federal mandate is necessary from a public health, safety and welfare perspective.

(d) Whether the federal mandate achieves a desirable social, economic or other public policy goal.

(e) Whether compliance with the federal mandate is mandatory and, if so, the consequences of noncompliance.

(f) How the federal mandate is funded.

(g) Whether uniformity of standards among the states is essential for the operation of the federal mandate or whether the states are or should be permitted flexibility that accounts for their unique situations.

(h) Whether this state is better able to administer the mandated function more efficiently than the federal government.

(i) Any other factors the committee deems to be important.

4. On or before December 31 of each year make a recommendation to the governor, the speaker of the house of representatives and the president of the senate as to whether this state should participate in the federal mandates the committee reviewed during the year.

D. The committee may:

1. Arrange for and conduct an annual joint session of the legislature or a meeting of the committee and request the attendance of all members of the Arizona congressional delegation to discuss issues relating to federal mandates and the appropriate use of federal power to influence state policy.

2. Utilize legislative staff for research and other services required by the committee.