AJR6: Joint Resolution Text

LRB-1697/2

JS:jrd:jlb

1995 - 1996 LEGISLATURE

1995 Assembly JOINT RESOLUTION 6

January 9, 1995 - Introduced by Representatives Green, Hoven, Seratti, Ladwig, Ryba, Coleman, Musser, Klusman, Ourada, Hahn, Owens, Goetsch, Grothman, Urban, Handrick, Johnsrud, Hutchison, Lorge, Dobyns, Freese, Hanson, Schneiders, Duff, Gard, Brandemuehl, Ainsworth, Ward, Vrakas, Kaufert, Plombon, Wasserman and Harsdorf, cosponsored by Senators Drzewiecki, Petak, Cowles, Buettner and Darling. Referred to Committee on Ways and Means.

AJR6,1,1 Relating to: congressional explanations of unfunded mandates.

AJR6,1,5 Whereas, the 10th Amendment to the Constitution of the United States reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"; and

AJR6,1,8 Whereas, the 10th Amendment defines the total scope of federal power as being only those powers that were specifically granted by the Constitution of the United States to the federal government and no more; and

AJR6,1,12 Whereas, unfunded federal mandates in areas outside of those specifically delegated to Congress violate the principle of the 10th Amendment to the Constitution and inappropriately restrict the latitude of Wisconsin and her sister states to establish their own priorities and policies; and

AJR6,1,15 Whereas, the imposition of financial obligations by the federal government upon a state also requires an increase in state taxes or a reduction in other services; and

AJR6,2,3 Whereas, the number of unfunded federal mandates imposed upon the states by the government of the United States has increased alarmingly in recent years; and

AJR6,2,7 Whereas, the states and Congress should engage in earnest discussions regarding the difficult posture in which the states have been cast and the urgent necessity that the states receive funding for these mandates or relief from the enforcement of these unfunded decrees; and

AJR6,2,13 Whereas, the members of the legislature of the State of Wisconsin desire to personally communicate with the Wisconsin delegation to the U.S. Congress concerning this critical problem so that our representatives may be completely cognizant of the effect that the actions of the federal government have at the state legislative level and may be more sensitive to the difficulties that unfunded federal mandates create; now, therefore, be it

AJR6,2,20 Resolved by the assembly, the senate concurring, That the State of Wisconsin hereby claims sovereignty under the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution and that this measure shall serve as notice and as a demand to the federal government to immediately eliminate existing mandates, and to refrain from imposing new mandates, that are beyond the scope of its constitutionally delegated powers; and, be it further

AJR6,3,2 Resolved, That the members of the Wisconsin legislature respectfully request that all members of the Wisconsin delegation to the U.S. Congress annually appear before a joint session of the Wisconsin legislature, scheduled by the speaker of the assembly and the president of the senate, to discuss the problems related to unfunded federal mandates as well as to discuss the new burdens that have been imposed by the federal government on the state, both as specified by the joint committee on finance; and, be it further

AJR6,3,5 Resolved, That the assembly chief clerk, by sending copies of this resolution, shall advise each member of the Wisconsin Congressional delegation of this invitation and of our hopeful anticipation of their acceptance.

AJR6,3,6 (End)