ACIR LAUNCHES REVIEW OF
EXISTING FEDERAL MANDATES
The Advisory Commission on Intergovernmental
Relations (ACIR) has launched a comprehensive review of existing federal mandates on state and local
governments, as directed by the Unfunded Mandate
Reform Act of 1995 (P.L. 104-04).
In the first such comprehensive study ever undertaken on all federal mandates, ACIR will make recommendations to the President and Congress regarding
potential retention, modification, suspension, or termination of specific existing federal statutes and regulations. Over the next year, the Commission will issue
recommendations for public review and comment, and
hold public hearings on federal mandates. The final
report and recommendations will be submitted in
March 1996.
In addition to the existing federal mandate review,
P.L. 104-04 requires ACIR to review the role of state
mandates on local governments; report annually on
judicially created federal mandates; and conduct a feasibility study of methods for calculating the costs and
benefits of existing federal mandates.
Former Mississippi Governor William Winter, chairman of ACIR, has appointed and will chair a Mandates
Committee to guide the Commission's work on these
studies. Representing Illinois on the committee is Cook
County Board President John H. Stroger, Jr.
According to ACIR Executive Director Bill Davis,
"the Commission is seeking active participation in the
mandates review by local, state, and federal legislative
and executive officials; and private sector groups and
individuals, in carrying out its responsibilities under the
provisions of the new law."
The first step will be to establish criteria for evaluating existing mandates. Proposed criteria are to be published in the Federal Register for public review and
comment by May 22, with final criteria to be issued on
July 6, 1995.
"We are especially eager to hear from state and local
officials within the next few weeks on specific criteria
we should be using to evaluate existing mandates," said
Davis. The Unfunded Mandate Relief Act requires
ACIR to look specifically at how statutes and/or regulations can be amended to:
Allow greater flexibility for state and local governments in complying with specific federal mandates;
Reconcile federal mandates that impose contradictory or inconsistent requirements;
Terminate federal mandates that are duplicative,
obsolete, or lacking in practical utility;
Suspend temporarily federal mandates that are not
vital to public health and safety;
Consolidate or simplify mandates to reduce duplication and aid in compliance;
Establish common definitions or standards to be
used in complying with federal mandates; and
Decrease negative impacts of mandate relief for
governments on the private sector and evaluate
applying such relief to private sector entities.
The definition of federal mandate in the law is "any
provision in a statute or regulation or any Federal court
ruling that imposes an enforceable duty upon state,
local, or tribal governments, including a condition of
Federal assistance or a duty arising from participation
in a voluntary Federal program."
The law requires that ACIR give highest priority to
federal mandates that are the subject of current judicial
proceedings, such as the Brady Bill, the Motor Voter
Law, and vehicle emissions testing. ACIR is seeking
recommendations from state and local officials as to
which mandates should be included for priority attention.
ACIR plans to convene broad-based working
groups to assist in evaluating existing mandates. Groups
will include federal department and agency representatives, associations, individual governors and state legislators, county and city officials, congressional commit-
May 1995 / Illinois Municipal Review / Page 21
tee staff, private sector groups, and individuals from
universities and research organizations. Each group
will be assigned a list of federal statutes from the mandates inventory published by the National Conference
of State Legislatures.
The act also requires ACIR to undertake a separate
investigation of the role of unfunded State mandates on
local governments. This report does not require recommendations.
The law defines state mandates as "any provision in
a State statute or regulation that imposes an enforceable
duty on local governments, the private sector, or individuals, including a condition of State assistance or a
duty arising from participation in a voluntary State
program."
In addition, ACIR is directed to prepare a report, by
July 1995, describing federal court decisions in Calendar Year 1994 in which a state, local or tribal government was required to "undertake responsibilities or
activities, beyond those such government would
otherwise have undertaken, to comply with Federal
statutes and regulations." Beginning in 1996, ACIR is
required to make this report annually by March 15 on
cases decided in the preceding year.
Finally, ACIR is required "to examine the measurement and definition issues involved in calculating
the total costs and benefits to State local, and tribal
governments of compliance with Federal laws." The
study is to report, by September 1996, on (1) the feasibility of measuring direct and indirect costs and benefits of mandates and (2) how to measure direct and
indirect benefits of federal financial assistance and tax
benefits to state, local, and tribal governments.
Suggestions and inquiries about ACIR's federal
mandates review should be directed to Bill Davis,
ACIR Executive Director (202) 653-5143. ACIR, 800 K
Street, NW, Suite 450 South, Washington, DC 20575.
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