Unfunded Mandates

Chicago -- There is a certain surface plausibility for congressional action against ''unfunded mandates,'' legal burdens put on a state that entail financial burdens. But it is a deeply pernicious idea all the same. It subjects justice to the pocketbook in ways that allow ideological disagreement to mask itself as fiscal responsibility.Look at some of the unfunded mandates that are being opposed. In California, Gov. Pete Wilson does not want to implement the motor-voter law to enroll people where they get and renew their automobile licenses.

The Maryland General Assembly is currently debating a proposal from Gov. Martin O'Malley to shift hundreds of millions of dollars in pension costs from the state to the county governments. Counties disagree that this shift will do anything to improve the sustainability of state pension funding. Years ago, Annapolis took the pension away from the counties, broke it by raising benefit levels and now wants to give it back and force us to pay the bill for their financial frivolity.

The state legislature said no to two proposals from the Maryland Municipal League last year. Undeterred, the league is repeating its requests in 1996 and hoping persistence pays off.An increase in money for police and a constitutional amendment to end "unfunded mandates" are again the league's priorities.Maryland towns are spending about $85 million to enforce state and local laws, with the state contributing about 10 percent of the cost. Municipalities are paying for increases in protection, as well as benefits and training for officers.

Almost lost in the din of the now-postponed state takeover of 11 Baltimore schools were a number of "corrective actions" that the State Department of Education is requiring of city school administrators in order to improve schools. But at a court hearing this week, Baltimore Circuit Judge Joseph H. H. Kaplan, as well as some city students, posed legitimate questions about how a system that is still financially challenged is supposed to pay for them. State education officials have directed the city school system to hire two specialists to help turn around low-performing schools and an independent evaluator to make sure its master plan is being followed.

WASHINGTON -- In the town of Mount Airy, population 4,000, Mayor Gerald Johnson is worried. He said the town may not be able to afford the roughly $120,000 needed in 1993 to comply with federal regulations.The figure amounts to about 12 percent of Mount Airy's budget.Under unfunded "federal mandates," state and local governments like Mount Airy's must meet regulations for air quality and drinking water improvements, among others. The catch is, the local governments receive no money from Congress to make the changes.

Lesson No. 1: School reform is not reform school.Speaking of unfunded mandates, Congress won't give public television money and forbids it to sell advertising time.

When it comes to enacting laws, the Maryland General Assembly is adept at passing along the cost of implementating them. More than 750 so-called unfunded mandates have been placed in state law books, imposing a huge but hidden burden on county and local governments.Local leaders are fed up. They are demanding that state officials pause long enough before passing new laws to consider whether they will mean added costs to city and county governments. And for once, state officials seem to be listening.

Las Vegas. -- Michael Leavitt, Utah's Republican governor, recently came here to demonstrate the practice and defend the theory of federalism. He came to argue on a network news program that Nevada and other states that are friendly to gambling -- almost all the states -- are foolishly gambling with the quality of their lives. Utah, he said, will go its own way.That is federalism -- states enjoying significant discretion to shape different destinies. At least that is what federalism is supposed to mean.

The mayor of Hampstead hopes to make a transition from town politics to the Maryland House of Delegates. Republican Haven N. Shoemaker Jr., 40, announced his candidacy recently and became the first to file for one of two seats representing District 5A, which includes North Carroll, Westminster, Finksburg and most communities along the Route 140 corridor. "I wanted to be the first one out there," he said. A self-employed attorney, Shoemaker could face a three-term incumbent in the September Republican primary, should Del. Nancy R. Stocksdale decide to run again.

THE Environmental Protection Agency is the most enthusiastic supporter of "unfunded mandates," regulations Washington creates and then asks cities to pay for. [EPA] forced cities to pay $3.6 billion just to comply with the Clean Water Act. According to the U.S. Conference of Mayors, unfunded mandates will cost cities $54 billion between 1994 and 1998 -- money that will have to be collected from taxpayers or diverted from more useful purposes.The federal government plays its part in ensuring urban degradation.

The mayor of Hampstead hopes to make a transition from town politics to the Maryland House of Delegates. Republican Haven N. Shoemaker Jr., 40, announced his candidacy recently and became the first to file for one of two seats representing District 5A, which includes North Carroll, Westminster, Finksburg and most communities along the Route 140 corridor. "I wanted to be the first one out there," he said. A self-employed attorney, Shoemaker could face a three-term incumbent in the September Republican primary, should Del. Nancy R. Stocksdale decide to run again.

WASHINGTON -- It's not unusual for states to chafe at federal rules. But the state revolt against the federal law that filled America's classrooms with standardized tests is unprecedented. Forty-seven states are questioning, opposing or rebelling against the most sweeping education reform in a generation. In Utah, lawmakers ordered that state policy take precedence over federal policy. In Texas, educators were fined for failing to test students with learning disabilities as federal rules require.

The state legislature said no to two proposals from the Maryland Municipal League last year. Undeterred, the league is repeating its requests in 1996 and hoping persistence pays off.An increase in money for police and a constitutional amendment to end "unfunded mandates" are again the league's priorities.Maryland towns are spending about $85 million to enforce state and local laws, with the state contributing about 10 percent of the cost. Municipalities are paying for increases in protection, as well as benefits and training for officers.

Lesson No. 1: School reform is not reform school.Speaking of unfunded mandates, Congress won't give public television money and forbids it to sell advertising time.

WASHINGTON -- With the House Republicans' "Contract with America" half completed, some objectives were quickly reached. These included requiring Congress to observe the same workplace laws that apply to the rest of the country, an independent audit of Congress, cuts in House committees and staffs, limits on committee chairmanships, an end to proxy voting in committee and opening most committee meetings to press and public.Of the specific legislative proposals, the House has passed the following in one form or another: the line-item veto, a constitutional amendment to balance the budget, new anti-crime and defense bills and limits on unfunded mandates on states.

The word from Parris Glendening is that he and Jim Hunt of North Carolina are the Democratic governors most in favor of the key economic sections of the Republican Contract with America.At the National Governors Association meeting in Washington last week he backed the proposed Balanced Budget Amendment, welfare reform (with caveats) and a proposal that makes it harder for Congress to require states and localities to implement federally mandated programs without giving them the funds to pay for them.

WASHINGTON -- The Senate began debate yesterday on legislation that would reshape relations between federal and local governments by making it harder for Washington to impose rules on cities and states without paying the costs.But the opening debate took longer than the Republican majority had planned, as some senators cautioned against hasty votes on something they did not yet fully understand. As a result, Democrats won some time to develop several amendments that would limit the measure's scope.

The word from Parris Glendening is that he and Jim Hunt of North Carolina are the Democratic governors most in favor of the key economic sections of the Republican Contract with America.At the National Governors Association meeting in Washington last week he backed the proposed Balanced Budget Amendment, welfare reform (with caveats) and a proposal that makes it harder for Congress to require states and localities to implement federally mandated programs without giving them the funds to pay for them.

The University of Maryland must have thought it had dodged a bullet last fall when Parris N. Glendening narrowly defeated Ellen R. Sauerbrey for governor.Not only was the Democratic winner himself a college professor -- one of the university's own -- but during his campaign he proclaimed that higher education would be a priority in his administration. In stark contrast, his conservative Republican opponent declared that the university system's budget was one place she'd cut to help pay for her promised 24 percent reduction in the state's income tax.So when the ballots were finally counted -- and recounted -- you could hear a collective sigh of relief from Towson State to College Park.

Chicago -- There is a certain surface plausibility for congressional action against ''unfunded mandates,'' legal burdens put on a state that entail financial burdens. But it is a deeply pernicious idea all the same. It subjects justice to the pocketbook in ways that allow ideological disagreement to mask itself as fiscal responsibility.Look at some of the unfunded mandates that are being opposed. In California, Gov. Pete Wilson does not want to implement the motor-voter law to enroll people where they get and renew their automobile licenses.