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tangent4ronpaul
07-21-2009, 02:11 AM
Interesting article here, though the author has some serious flaws in logic.

http://www.heritage.org/Research/Budget/wm283.cfm

also note that it's from 2003...

May 28, 2003
What Unfunded Mandates? CBO Study Reveals Washington Not at Fault for State Budget Crises
by Brian M. Riedl
WebMemo #283

States have successfully secured a $20 billion bailout from Washington to close their expanding budget deficits. Never mind that free-spending states created their own fiscal crises: General fund revenues have climbed 46 percent since 1990, but spending has climbed 50 percent - nearly twice the rate of federal spending. Total state government spending topped $1 trillion for the first time ever in 2000 and has continued to rise.[1]



Many state officials have claimed to be entitled to a federal bailout as reimbursement for a flurry of new unfunded mandates imposed on them by Washington. These claims were followed by several sympathetic media reports detailing state difficulties paying for expensive education and homeland security mandates. Many of these analyses seem to define an unfunded mandate as “any program that states wish Washington would pay for.” In reality, unfunded mandates must be both unfunded and mandated. Nearly all-recent federal education and homeland security laws have been either voluntary, or fully funded by Washington.



In fact, only twosignificant unfunded mandates have been imposed on state and local governments since 1996, according to a new report by the Congressional Budget Office (see tables 1 & 2).[2] These two unfunded mandates cost the average state only $9 million per year, or 0.09 percent of the typical state’s $10 billion general fund budget. The CBO report shows that the 1995 Unfunded Mandates Reform Act (UMRA) has reduced the amount of new unfunded mandates placed on state and local governments.[3] Consequently, states cannot legitimately blame Washington for their spending crises.

[...]

continues at link.

-t

tangent4ronpaul
07-21-2009, 02:20 AM
http://www.ncsl.org/StateFederalCommittees/BudgetsRevenue/MandateMonitorOverview/tabid/15850/Default.aspx

Standing Committee on Budgets and Review
MANDATE MONITOR

The Unfunded Mandates Reform Act of 1995 (UMRA) was adopted in an effort "...to curb the practice of imposing unfunded Federal mandates on States and local governments." According to the Congressional Budget Office (CBO), UMRA defines a mandate as any provision in legislation, statute, or regulation that would impose an enforceable duty on state, local, or tribal governments or the private sector, or that would reduce or eliminate the amount of funding authorized to cover the costs of existing mandates. Since 1995, CBO has identified ten laws that contain intergovernmental mandates which exceed the UMRA threshold ($50 million in 1996 dollars; adjusted annually for inflation, $68 million in 2008):

* an increase in the minimum wage (1996);
* a reduction in the federal funding to administer the Food Stamps program (1997);
* a provision preempting state taxes on premiums for prescription drug coverage contained in the Medicare Prescription Drug and Modernization Act of 2003;
* a preemption of state authority to tax certain Internet services and transactions (2004);
* a requirement that state and local governments meet certain standards for issuing vital-statistic documents (Driver’s license requirements were repealed and replaced with the REAL ID Act (P.L. 109-13))(2004);
* a provision that eliminates federal matching funds for administrative expenses funded by incentive payments to states as it relates to the child support enforcement program (2006);
* a requirement that all government entities, including state and local governments, withhold 3 percent on certain, non-essential government payments for property or services (2006);
* an increase in the minimum wage (2007);
* a preemption of state authority to tax certain Internet services and transactions (2007); and
* a requirement that public transportation agencies and rail carriers implement various security measures and vulnerability assessments, and institute training programs and background checks for certain employees (2007).

NCSL's Mandate Monitor uses a definition of "unfunded mandate" that is broader than the one included in UMRA, because state and local officials view unfunded mandates more expansively. They interpret almost any federal decision that requires them to spend state or local funds as a cost shift. This includes legislation that:

* Establishes a condition of grant in aid.
* Reduces current funds available (including a reduction in the federal match rate or a reduction in available administrative or programmatic funds) to state and local governments for existing programs without a similar reduction in requirements.
* Extends or expands existing or expiring mandates.
* Establishes durational goals to comply with federal statutes or regulations with the caveat that if a state fails to comply they face a loss of federal funds--a condition of grant aid.
* Creates a loss in state/local funds.
* Compels coverage of a certain population/age group/other factor under a current program without providing full or adequate funding for this coverage.
* Creates underfunded national expectations, i.e., homeland security.

As of March 2008, the minimum cumulative gap in federal funds to states for FY2004 to FY2008 stands at over $131 billion ($25.7 billion in FY 2004, $26.3 billion in FY2005, $22.5 billion in FY2006, $26.6 billion in FY 2007 and $33.7 billion in FY 2008).



Updated April 2008

tangent4ronpaul
07-21-2009, 12:09 PM
So, any thoughts on unfunded mandates?

Anyone know how many have gone through since April 2008? I seem to recall a lot of Republican screaming over the bills the Obama administration pushed through, especially early in his term, but anyone know how much and for what?

Also, the pre-1996 ones are probably living on... FOREVER!

-t

foofighter20x
07-21-2009, 12:43 PM
Unfunded mandates are the negative consequences states suffer from the 17th Amd.

If only we'd explain it to the state legislatures in those terms.

acptulsa
07-21-2009, 12:51 PM
I see no mention of 'no child left behind', or any other 'initiative' that cuts states out of the federal taxes levied on their citizens as a loophole around the Ninth and Tenth Amendments. Wonder why?

tangent4ronpaul
07-21-2009, 04:13 PM
I see no mention of 'no child left behind', or any other 'initiative' that cuts states out of the federal taxes levied on their citizens as a loophole around the Ninth and Tenth Amendments. Wonder why?

The first article discussed it some, but described it as "voluntary" (NCLB).

care to elaborate on how it's a loophole around the 9th and 10th amendments?

-t