April 14, 2005
State Lawmakers, Congressmen Discuss Unfunded Mandates
Federal Unfunded Mandate Reform Act turns 10
WASHINGTON, D.C. - As the federal Unfunded Mandate Reform Act (UMRA) turns 10 years old, state legislators attending a meeting of the National Conference of State Legislatures on Thursday heard two congressmen's views on how the act is working.
The speakers, U.S. Senator Lamar Alexander, of Tennessee, and U.S. Representative Michael Turner, of Ohio, have backgrounds in state and local government. Alexander served two terms as governor of Tennessee. Turner was mayor of Dayton, Ohio for two terms. They spoke at the opening of NCSL's Spring Forum in Washington, D.C.
UMRA was passed on March 22, 1995. "It was a euphoric moment, and was one of NCSL's most significant lobbying accomplishments," said Indiana state Senator Beverly Gard, who introduced the congressmen. "Now, state legislators are alarmed by a new wave of unfunded federal mandates. They wonder whether the Unfunded Mandate Reform Act could be improved to capture more of these cost shifts."
A recent NCSL report documented at least $30 billion in unfunded mandates in the federal fiscal budget for 2006.
Alexander supports two provisions which he believes will strengthen UMRA. One would raise from 50 to 60 the number of votes needed to overturn a member's objection to a bill based on the mandates it would impose on state or local governments. The other would, as Alexander described, "put term limits on consent decrees." It is a consent decree, Alexander said, that is prohibiting the state of Tennessee from emerging from its Medicaid crisis. The state legislature and the governor agree on how to fix it, Alexander said, but a 25-year-old consent decree forbids that from happening.
"I bring to Washington a strong bias," Alexander said, "which is that this is a country that works community by community and state by state."
Turner, who chairs the new House Subcommittee on Federalism and the Census, believes that the federal government should not pass its problems on to states. He is supporting legislation to provide tax credits to states that redevelop brownfields. "Brownfields are a federally-created problem. They require a federal response," he said.
At the same time, though, Turner feels that UMRA should be lauded for bringing about a new way of thinking in Congress. "There are improvements that can be made to UMRA, but we should also look at its successes," he said. "When you ask your police force about crime in the community, the greatest story they can tell you is what's not happening. UMRA caused people to think about the things they bring forward. It has impacted ideas from the very start."
NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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